Sumários

The forms of business enterprise: the European Company (SE). The forms of business enterprise holding non-corporate form and their main regulatory aspects.

31 Março 2025, 08:00 • Carlos Neves Almeida

I. The European Public-limited Liability Company (Societas Europaea or SE) - cont.:

1.6. The SE corporate governance structure.

II. The forms of business enterprise holding non-corporate form and their main regulatory aspects:

1. The Joint Ownership;

2. The Cattle Breeding Partnership Contract;

3. The Public Enterprise Entity;

The forms of business enterprise: (i) the non-commercial company holding commercial form; (ii) the European Company.

27 Março 2025, 08:00 • Carlos Neves Almeida

A) The non-commercial company holding commercial form:

1. Primarily subject to the CCA

2. Primarily subject to a special ruling/particular regime. Examples: the sports companies, the collective farming companies, the undertakings management companies, the companies of customs brokers and the insolvency administrators companies.

B) The European Company:

1. The European Public-limited Liability Company (Societas Europaea or SE)

1.1. The legal nature;

1.2. The incorporation;

1.3. The Unipersonal Subsidiary SE;

1.4. The minimum equity;

1.5. The applying law;

The forms of business enterprise: (i) the non-commercial company holding commercial form; (ii) the European Company (SE).

26 Março 2025, 08:00 • Carlos Neves Almeida

A) The non-commercial company holding commercial form:

1. Primarily subject to the CCA

B) The European Company:

1. The European Public-limited Liability Company (Societas Europaea or SE)

1.1. The legal nature;

The forms of business enterprise: the purely civil partnership general legal framework (continuation)

25 Março 2025, 08:00 • Carlos Neves Almeida

The Purely Civil Partnership General Legal Framework (cont.)

1.2.5. The partners rights and duties (cont.)

1.2.5.1. Prohibition to compete

1.2.5.2. Dividends distribution and losses

1.2.6. The company and partners liability for the company debts. The ruling avoiding setting-off third party debts towards the partnership against same third party credits over the partners individually.

1.2.7. The corporate governance basic rules: the management body and the appointment of managing directors; the decision making proceedings and the managing directors removal. The statutory board members and the non-statutory board members.

2. The transfer of quotas. Relation with the CCA rule applying to the Partnership Company (The Private Unlimited Liability Company) and to the Company by Quotas (The Private Limited Liability Company).

3. The partners withdrawal

3.1. The involuntary withdrawal: the partner's decease

3.2. The involuntary withdrawal: the partner's exclusion

3.2.1. Causes

3.2.2. Procedures and enforceability

3.3. The partner self-withdrawal

3.3.1. Cases where it is admitted

3.3.2. Procedures and enforceability

4. The dissolution and liquidation