Hermes do Porto

Practice areas · 04

Corporate

Rules for living together, approval thresholds and exit decided before a deadlock. The articles of association or bylaws say how the company exists; the shareholders' agreement says how the partners deliberate and vote on certain matters.

When to seek advice

When a dispute arises between partners, or when a transaction needs to be structured in the articles of association or bylaws.

Situations that usually bring companies to this area.

01“A partner wants to leave and we do not have enough funds to pay them right away.”
02“A partner broke the law and we want to remove them from the company.”
03“A new partner will join the company, but I want to keep control in my hands.”

In practice

What is usually at stake

Summaries of answers from the Frequently Asked Questions page. Each card leads to the full answer.

02A partner's exitIn a company with no fixed term, it is enough to notify the others 60 days in advance. In one with a fixed term, just cause must be proven (art. 1,029).Full answer in the FAQCan a partner leave whenever they want?
04Expelling a partnerIt can be done out of court, with a provision in the contract and the right of defense, or in court, for serious misconduct.Full answer in the FAQIs it possible to expel a partner?

The first articles in this area are in the publishing calendar.

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