Company formation in Portugal — matched with a registered Portuguese lawyer

Portugal in practice

How the Portuguese framework shapes a new business

Portugal is a code-based jurisdiction with a single Bar, a registry culture and court costs expressed in a unit of account rather than in euros. None of that is hostile to founders — but it does mean the paperwork, the representation and the fee arrangements all follow rules you should recognise before you start.

A code-based system, not a precedent-based one

Portugal follows the continental civil-law model, so the primary sources for a business are written codes — the Commercial Code, the Civil Code and the Civil Procedure Code — rather than binding judicial precedent. Uniform rulings of the Supreme Court of Justice guide how those rules are interpreted. For a founder, this means the wording of your incorporation documents, contracts and registrations carries real weight.

Only registered lawyers may act for you

Performing the acts reserved to lawyers in Portugal requires registration with the Ordem dos Advogados, under the Estatuto da Ordem dos Advogados (Law 145/2015, last amended by Law 6/2024). Acting without registration is procuradoria ilícita, a criminal offence under Law 49/2004. EU-qualified lawyers may establish under their home title after registering with the Bar, or be fully admitted after an aptitude exam.

Fees are agreed, not fixed by tariff

Lawyers’ fees in Portugal are freely agreed with the client; there are no binding official tariffs. Fees may be fixed by written agreement (honorários acordados) and, where no agreement exists, are assessed by reference to complexity, time and responsibility. Court costs, by contrast, follow the Regulamento das Custas Processuais (Decree-Law 34/2008) and are expressed in Unidade de Conta, a unit updated annually with the social support index.

Where a business dispute would be heard

If a company dispute reaches court, first-instance civil and commercial cases are heard by the judicial courts, currently organised into 23 comarcas and subdivided into specialised juízos, including commercial ones. Appeals go to one of the five Courts of Appeal — Lisbon, Porto, Coimbra, Évora and Guimarães — and cassation to the Supreme Court of Justice in Lisbon. Administrative and tax litigation follows its own court track.

Property, notarial and registry formalities

If the business acquires premises, Portuguese property formalities apply. Rights over immovable property are registered at the Land Registry (Registo Predial) under the Código do Registo Predial, which provides publicity and, for certain facts, a presumption of accuracy and protection of third parties. Transfers and encumbrances are typically formalised by public deed or authenticated private document, with the acquisition completed through registration.

Costs, and the support that exists

Companies can face court costs, and there is a route to support. Costs (custas processuais) are governed by the Regulamento das Custas Processuais and expressed in Unidade de Conta, updated annually in line with the social support index; as a rule the losing party bears them. Legal aid under Law 34/2004 is available to natural and legal persons who demonstrate economic insufficiency, assessed by the Social Security Institute.

Every country fact on this page comes from official Portuguese bodies (Diário da República, Portal das Finanças, Ordem dos Advogados) or the European e-Justice Portal, consulted in 2025.

• European e-Justice Portal — National justice systems: Portugal
• Ordem dos Advogados — Estatuto da Ordem dos Advogados (consolidated version, 19 January 2024)
• Diário da República — Regulamento das Custas Processuais (Decree-Law 34/2008)
• Diário da República — Regime of access to law and the courts (Law 34/2004)
• Diário da República — Prescrição (limitation periods)
• Diário da República — Dismissal challenge deadline (Labour Code)
• Diário da República — Divórcio por mútuo consentimento
• Diário da República — Appeal deadline (Código de Processo Civil)
• Diário da República — Prazo de impugnação de acto administrativo
• Portal das Finanças — Reporting an inheritance (óbito)