The Law of Corporate Groups in Portugal

After the pioneering German “Aktiengesetz” of 19652 and the Brazilian “Lei dasSociedades Anónimas” of 19763, Portugal has become the third country in the world toenact a specific regulation on groups of companies. The Code of CommercialCompanies (“Código das Sociedades Comerciais”, abbreviately hereinafter CSC),enacted in 1986, contains a unitary set of rules regulating the relationships betweencompanies, in general, and the groups of companies, in particular (arts. 481° to 508°-ECSC).4With this set of rules, the Portuguese legislator has dealt with one of the majortopics of modern Company Law. While this branch of law is traditionally conceived asthe law of the individual company, modern economic reality is characterized by themassive emergence of large-scale enterprise ...

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Year of publication:	2008-05-01
Authors:	Antunes, José Augusto Quelhas Lima Engrácia
Institutions:	Institute for Law and Finance <Frankfurt, Main>
Subject:	Wirtschaftsrecht \| business law \| Deutschland / Aktiengesetz \| Germany / Corporation Law / Company Law \| Portugal

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I. Introduction
II. The Statutory Regime in Perspective
1. General Overview
2.1. The Concept of Affiliated Company
2.2. The Legal Types of Affiliation Relationships
2. The Regulatory Problem
3. The Regulatory Conception
3.1. The Purpose of the Law
3.2. The Structure of the Law
III. Scope of Application
1. Formal Scope of Application
2. Spatial Scope of Application
3. Substantive Scope of Application
IV. Relationship of Simple Participation
1. The Legal Definition
2. The Legal Consequences: the Duty of Communication
V. Relationship of Mutual Participation
1. The Legal Definition
2. The Legal Consequences
VI. Relationship of Domination
1. The Legal Definition: the Concept of "Dominant Influence"
2. The Legal Consequences: the Regulatory Imbalance
VII. Relationship of Group
1. The Contract of Subordination
2. The Contract of Horizontal Group
3. The Total Domination
VIII. Corporate Groups in other Branches of Law

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