Given the current situation, it is known that many companies and citizens face difficulties. It is up to us, Solicitors, to try to find solutions to problems when they arise.
In the previous article, we discussed one of the services available to the citizen: the creation of a company. However, after taking this step, there are still several obligations to fulfill.
Examples are the opening of a company account, the appointment of a certified accountant for the company, the beginning of activity with the tax administration and the promotion of the Central Register of the Effective Beneficiary (aka RCBE), that is, the determination of interest directly in the company or entity.
The RCBE identifies natural persons who own or effectively control legal entities, such as Portuguese companies, foreign companies registered in Portugal and even associations, foundations and other entities not subject to commercial registration.
The deadline for delivery of the initial RCBE declaration is 30 days after the creation of the company. The service is free if done on time; on the other hand, if it is not done on time, it costs €35,00.
The declaration must be submitted online via the platform https://justica.gov.pt/servicos/Registo-de-Beneficiario-Efetivo by one of the partners, by the manager or by the administrator, with the help of their citizen card.
All the information requested on the form must be indicated: identification number, type of company and complete information on the partners, with a breakdown of their shareholdings, quotas or shares held in the company.
Even if the partners are identified, if there are natural persons who own the shareholdings, even if indirectly, these must also be identified in the declaration, as well as whoever has effective control of the company.
It should be noted that any change that occurs in the company must be communicated within 15 days, under penalty of administrative offense punishable by a fine between €1.000,00 and €50.000,00.
If you do not have the statement updated or made effective, you will not be able to carry out certain acts through the company, such as, for example, opening a bank account or acquiring or selling vehicles or properties.
As is well known, citizens currently have several services at their fingertips, which they can request for themselves in the comfort of their own home. However, in case difficulties arise, they can always resort to the support of a Solicitor.
Author: Tânia Fernandes is a solicitor
Note: Article published under the partnership between the Sul Informação and the Order of Solicitors and Enforcement Agents
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