Transforms The Chamber Of Bailiffs In Order Of Bailiffs And Enforcement Agents, And Approves The Respective Regulations, In Accordance With The Law No. 2/2013, Of January 10, Which Establishes The Legal Regime Of Creation, Organization And Functioning ...

Original Language Title: Transforma a Câmara dos Solicitadores em Ordem dos Solicitadores e dos Agentes de Execução, e aprova o respetivo Estatuto, em conformidade com a Lei n.º 2/2013, de 10 de janeiro, que estabelece o regime jurídico de criação, organização e funcionamento das

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PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 1 explanatory memorandum 1. This Bill approves the Statute of the order of bailiffs and enforcement agents, and repeals the Statute of the Chamber of bailiffs in force, approved by Decree-Law No. 88/2003, of April 26, as amended by laws Nos. 49/2004, 24 August, and 14/2006, 26 April, and by Decree-Law No. 226/2008 , 20 November, in order to comply with the terms of the legal discipline these professionals in the area of law with the system of creation, organization and functioning of public associations professionals, approved by law No. 2/2013, of 10 January, and take advantage of the opportunity to signify your professional status, considering the fundamental role they play in the administration of Justice in our country. Complies to note, first, that the draft law, in accordance with the provisions of article 11 of the said law No. 2/2013, of 10 January, transforms the Chamber of bailiffs in Order of bailiffs and enforcement agents, since, in accordance with the provisions of the cited standard, public associations, professionals have the name order when match professions whose exercise is conditional upon the attainment of a Bachelor's degree or higher academic qualification. It is, therefore, that in these professional classes, what triggered the change, therefore the nomen iuris of the professional representative Association of bailiffs and enforcement agents, converting it to professional.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 2 the order of bailiffs and enforcement agents is architected, so, as the public representative of the Solicitors Professional Association and enforcement agents, being set in the Statute, as a collective person of public law, which, in the exercise of its public powers, the administrative acts necessary to carry out its functions and approves the regulations provided for in the law independently of the organs of the State, enjoying legal personality, administrative autonomy, financial, scientific, regulatory, disciplinary action and to payment of compensation within the limits imposed by the legal system. In fact, except for the cases provided by law, the acts and regulations of the order of bailiffs and enforcement agents are not subject to Government approval, the formalising such autonomy, which shows densified over statutory diploma. The order of bailiffs and enforcement agents under consideration will control purposes of access to and exercise of professional activity of bailiffs and enforcement agents, elaborating, in accordance with the law, technical standards and conduct respective and exercising disciplinary authority over who performs such professional activities, without prejudice to the powers specifically conferred on the Commission for the monitoring of auxiliary Justice (CAAJ) by contributing to the progress of the professional activity of its members, encouraging the efforts of its members in science, professional and social, and to compliance with ethical rules and professional ethics. Stressed the importance of those ethical rules and conduct, having regard to the Special Mission of bailiffs and enforcement agents, who collaborate in the administration of Justice, having a key role in the Portuguese civil process.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 3 the order of bailiffs and enforcement agents, despite achieving a statute of autonomy enriched and view its dense assignments, is subject to the powers of administrative supervision of the Member of Government responsible for the area of Justice, as provided for in law No. 2/2013, January 10 , mainly because of that collaboration of bailiffs and enforcement agents in the administration of Justice, which is one of the fundamental pillars of the democratic rule of law enshrined in the Constitution of the Portuguese Republic. The order of bailiffs and enforcement agents, covering the Mainland and the autonomous regions of the Azores and Madeira, is organized not only in function of the area but also of the professional activities concerned. In the territorial plan, the order of bailiffs and enforcement agents is organised at three levels: national, regional and district levels. In terms of professional activities, the order of bailiffs and enforcement agents is made up by professional associations of bailiffs and enforcement agents. Members of the order of bailiffs and enforcement agents can belong simultaneously to one or more professional associations, subject to the incompatibilities and impediments laid down by the Statute, thus being responsible for the necessary participation of bailiffs and enforcement agents in its activity representative association. Are designated as national bodies of the order of bailiffs and enforcement agents, reflecting the provisions of the law No. 2/2013, of January 10, the Congress, the General Assembly, the representative Assembly, the Chairman, the Board of Governors, the General Council, the Audit Committee, the representative assemblies of the professional associations and professional councils. There are assemblies and regional councils, as well as assemblies and delegations. It should be noted that the Ombudsman, in accordance with the provisions of that law may be appointed on a proposal based on the General Council, approved in the General Assembly. The lists of candidates to the collegiate national executive bodies shall ensure the PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 4 associated application from all regions, and the lists of candidates to the regional executive bodies shall ensure the nomination of members from more than half of the respective district local delegations. Is thus guaranteed the representativeness of professional order concerned, being responsible for the participation of the members. Meets note, conversely, that a member may be a candidate for more than one organ of the order of bailiffs and enforcement agents, but can only take a single organ, without prejudice to the positions that are occupied by extension. In addition, the candidates included an Executive of another public professional association can only take over a body of Solicitors and of the implementing Agents concerned after relinquish functions in another public association. Pursuant to statute, the exercise of executive functions, supervisory and disciplinary organ of the order of bailiffs and enforcement agents is incompatible with each other, which mirrors the regime enshrined in the law No. 2/2013, January 10. In addition, as a rule, the Office of the holder of the order is incompatible with the exercise of any functions in the civil service leaders and with any other function which check a manifest conflict of interest. Under the new statutory rules, have the right to vote the associated effective with inscription in force on the Order of bailiffs and enforcement agents, with the exception of professional societies. Effective members who are enrolled in more than one vocational college may exercise your right to vote on the issue as every professional college, ensuring thus the representativeness of all the professionals.

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On the other hand, can only be elected to organs of the order of bailiffs and enforcement agents associated with the full exercise of its associative rights other than professional societies. At least 85% of the members of each of the collegiate bodies of the order of bailiffs and enforcement agents with executive powers or discipline must be associated with the entry into force effective and full exercise of their rights that have exercised the respective profession for at least five years. With regard to the rules concerning the election of the organs, it should be noted that the election of the members of the representative Assembly is held by universal suffrage, direct, secret and periodic in each district, delegations at the same time as the elections to the General Council. Each district elects a number of delegation members in proportion to the total number of members in the order of bailiffs and enforcement agents. In fact, all delegations must be represented, being progressive and subsequently reduced the number of representatives in those with the highest number of members registered for the least represented elect at least one delegate. The members of the representative Assembly are elected by the d'Hondt system, between the lists candidates for district and may integrate delegations at the same time the representative Assembly of any of the professional associations in which they are enrolled. The Chairman is, for your part, the first list candidate elected to the General Council, and may only be elected an associate effective with the inscription in force and in full exercise of their rights to have exercised the respective profession for at least 10 years. By your side, is elected to the General Council the list that obtains more than half of the votes validly cast, not considering how such blank votes. If this is not the case, the second election, which should run only the two most voted lists which have not given up on your application.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 6 members of the Board of Governors are elected, by your time in autonomous list, by universal suffrage, direct, secret and periodic, simultaneously with the elections to the General Council. Have the members of the Supervisory Board are elected in autonomous list presented to the General Assembly elections. Note that the statutory auditor who is a member of the Supervisory Board is chosen independently by the General Assembly, in view of a proposal from the other members of that Council, prepared with respect for the rules of public procurement. It should be noted that the mandate of the holders of the order of bailiffs and enforcement agents has the duration of four years, unless delay in realization of the Electoral Act or occurrence of midterm elections and ends with the investiture of new elected members, and may be renewed only once, which is shown in accordance with the law No. 2/2013 , 10 January. Note that the holders of any organ of the order of bailiffs and enforcement agents can only be elected for the same body after a period of one full term after termination of duties on the organ in question. Complies to note, moreover, that the Statute embraces the legal figure of the referendum, which, having national scope, can be used, in particular, to vote on amendments to the staff regulations, as well as proposals concerning the dissolution of the order of bailiffs and enforcement agents and on issues that have particular relevance to the public association. The financial scheme of Solicitors and of enforcement agents is densification in the staff regulations, for the sake of transparency of this public association professional. Reiterates that the associated with inscription in force are required to contribute to the order through a monthly quota, constituting the enforcement order certificate of debt passed by the General Council.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 7 2. With regard to professional activities represented by the Chamber of Bailiffs and enforcement agents, requires that the attribution of the professional title solicitor or agent and the professional exercise of such activities depends on registration as effective in the respective professional college associate of the order. Admission as associated with effective depends on the ownership of the degree of Licentiate in notary Department or law and have been approved in the professional stages of access to the profession of solicitor or agent of implementation in their respective finals, depending on the College or professional associations in which the applicant wishes to register, and therefore admissible the inscription in both professional associations. On the other hand, have a category associated with the trainee candidate who, not being registered in any of the professional associations, has been admitted to stage one of the colleges. Already the quality of an honorary member of the order is assigned by the General Assembly to individuals, institutions or collectives that exercising or having exercised recognized public interest activity, or having contributed to the dignity and prestige of profession subject to the control of the order are considered worthy of such a distinction. By your side, are considered associated with corresponding professionals who, being regularly enrolled, require the suspension of your professional activity and state you wish to keep your subscription as correspondents, natural or conferences because of the possible connection of the activity developed with the attributions of the order, the General Council consider appropriate to assign this category for a period of four years , and associative organizations.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 8 it should be noted that bailiffs and enforcement agents established in national territory may exercise in respective professions group, forming or joining professional societies of bailiffs and enforcement agents, they enjoy rights and are subject to the duties applicable to associated effective professionals of Solicitors and agents that are compatible with your nature , being particularly subject to deontological principles and rules. The General system of professional societies is own diploma, object-if the Statute in question special or exceptional standards in the face of these general rules. It should be noted, moreover, that are recognized associations of professionals from other Member States of the European Union. Like the provisions on the status of other public associations in the area of law, and considering the special role of these professionals in the administration of Justice, are not acceptable multidisciplinary societies that integrate solicitors or agents. The reason behind this option the legislature relates, inter alia, that these professionals have, in the performance of their duties, access to personal data that matters to protect and safeguard, given the important values established constitutionally, especially the right to reserve the intimacy of private life. In fact, the use of personal data, many of them sensitive, by professionals of other areas could, in particular, triggering the illicit criminal practice, the intention, because, of course, avoid. On the other hand, and having regard to the Special Mission of bailiffs and enforcement agents in the civil case, the Statute states that the associated with inscription in force must attend continuing training actions periodically to ensure the permanent monitoring of the theoretical and practical developments of the exercise of the activity.

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For your part, for the sake of transparency in the exercise of the professions concerned, the order of bailiffs and enforcement agents must maintain public lists updated, accessible on your website to make it known to all interested information relating to professionals and companies able to carry out the duties of solicitor and enforcement agent in national territory. Crucial matters reflected in the Statute, that deserves the regime face densification still in force, concerning the system of incompatibilities and impediments. In addition to the incompatibilities and impediments that are specific to each professional activity, are incompatible with the exercise of any of the professional activities, among others, the Office of the holder or member of organ of sovereignty, as well as the President of City Council and Councillor who receives any remuneration or allowance. Furthermore, any associated is prevented from exercising professional activity for your principals to which pay, or has paid, in the last three years, Justice of the peace, court administrator, mediator, auctioneer, chartered accountant or certified accountant. As regards the inscription in the order, are requirements to professionals, in addition to approving on stage and respective final exam, have degree in notary Department, law or equivalent qualification, not in any situation of incompatibility for the practice of the profession, not judicially prohibited the exercise of professional activity or, in the case of a natural person, be prohibited or legally declared disabled and not be considered inidóneo to the exercise of a professional activity. The inscription on the vocational college of solicitors, by professionals whose qualifications have been obtained in Portugal, favorable information still presupposes training course provided by the patron or by an internship and to submit application for registration at the College until five years after conclusion of the internship successfully.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 10 Portuguese nationality constitutes registration requirement in College of enforcement agents, in view of the fact that this professional be invested with relevant powers of public authority (ius imperii) that State it delegates to ensuring compliance through coercive of unfulfilled obligations timely and voluntarily by the debtors , which are recognized by law title considers sufficient and appropriate for the attest the existence of those and found the respective implementation, requirement of rest required by other countries, for professionals of identical nature, as is the case, for example, of France. Yet, the registration requirement in College of enforcement agents have not been, for the past 10 years, enlisted in the public list of debtors legally regulated, have completed, successfully, the run agent stage, require registration at the College until three years after the completion of the internship and, having been successfully implementing agent for over three years , to undergo further examination and obtain a favourable opinion of CAAJ. Note that registration is refused or cancelled the who does not fulfil these requirements, and to emphasise that it is considered inidóneo to the exercise of professional activity who, for example, has been convicted, by national or foreign decision which has become final, the practice of crime of theft, robbery, fraud, computer fraud and in communications, extortion, embezzlement, recetação, infidelity , false, false statements, fraud, insolvency, insolvency claims frustration negligent, favouring of lenders, issuing bad checks, abuse of credit or guarantee card, misappropriation of public or cooperative sector, damaging administration in public sector economic unit or cooperative, usury, bribery, corruption, trafficking in influence, embezzlement, receiving of deposits or other repayable funds , unlawful practice of acts or operations inherent to the activity or insurer of pension funds, tax evasion or other tax crime and money laundering.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 11 on the other hand, emphasized that, in view of the special role played, especially in the Executive process, the enforcement agent established in national territory can only start after the functions and structures of the minimal information. In chapter terms the rights and professional duties, legal discipline enriched compared to the previous regulations, are set out in Statute the principles of independence and integrity, reiterating that the solicitor and the enforcement agent is essential to realization of tasks of public interest and the administration of Justice and, as such, must have a public and professional behavior appropriate to the dignity and the liability associated with the exercising fulfilling your duties scrupulously punctual. Are, in fact, general duties of professional conduct the compliance with the code of ethics and deontology, namely, honesty, probity, rectitude, loyalty, courtesy, punctuality and honesty. The solicitor and the enforcement agent are obliged to act with zeal and diligence regarding all issues or processes that are entrusted to them and proceed with urbanity to colleagues, magistrates, lawyers and court officers. Highlight the provisions with regard to functional independence. Indeed, the solicitor and the enforcement agent in the performance of their duties, always keep and under any circumstances to your independence and should act free of any pressure, especially the work of its own interests or exterior influences, refraining from neglecting the professional ethics in order to please the customers, your colleagues, the Court, the exequentes, the run , its agents or any third party. With regard to the obligation of professional secrecy, members of the order of bailiffs and enforcement agents are required to keep on reserve any matters that are entrusted to them, in particular, documents or any other issues of which they have knowledge within the framework of negotiations between the parties concerned.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 12 with regard to the accounts-customers, another matter that deserves special regulation in the staff regulations, determines that the amounts held by associated, or professional society of these, on behalf of their customers or third parties, that are assigned or to deal with expenses, must be deposited in account or accounts opened in your name credit institution or professional society that integrates and identified as client accounts. On the other hand, we must stress that the associated with inscription in Order of bailiffs and enforcement agents should celebrate and maintain professional liability insurance, having regard to the nature and extent of the risks inherent in your activity, in accordance with the law No. 2/2013, January 10. In relation to the stages, to emphasise that these are organized by the General Council, which should be coordinating committees for each of the specialties in which integrate representatives of the respective professional councils. The patrons, who are selected by Order of bailiffs and enforcement agents, accompany the entire duration of the internship, the main ones being responsible for the guidance and direction of the professional exercise of the trainees. Note that you can only accept stage direction, as patron, the solicitor or agent of execution with a minimum of five years of registration valid in the respective professional college, without having undergone disciplinary penalties higher than the fine. Trainees should, for your time, keep respect and loyalty to the patron, to preserve their professional relationships, not touting customers for themselves or for third parties, as well as ensure confidentiality about the working methods, with respect for the hierarchical structure of the Office or of society. The trainees are still linked to duties and of professional secrecy, in the same terms that apply to your patrons, and must submit proof of subscription to the group insurance policy provided by the order of bailiffs and enforcement agents, or PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 13


hired by you, concerning personal accident insurance to cover the risks that may occur during or because of the stage, and civil liability insurance cover during the stage and while the respective registration remains active, the risks inherent in the performance of tasks that while stagiário enforcement agent are assigned, as established in the policy related by refreshing it when necessary until your conclusion. 3. With regard, in particular, the exercise of the activity of solicitor, the statute reinforces the principle of exclusivity of solicitor, stating that, in addition to lawyers, only solicitors with entry into force in Order of bailiffs and enforcement agents and professionals likened to solicitors under the freedom to provide services may, throughout the national territory and to any jurisdiction , instance, authority or public or private entity, acts of occupation, namely, exercise the judicial mandate, pursuant to law, in profession. Fulfillment to European standards concerning the freedom to provide services, the statute requires that the professional titles in the notary Department, are assigned to nationals of Member States of the European Union or the European economic area and of third countries whose qualifications were obtained outside of Portugal with the recognition of those qualifications in accordance with law No. 2/2013, January 10 , and of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2. Moreover, the professionals legally established in another Member State of the European Union or the European economic area who develop functions comparable to those of requester may exercise them, occasionally and sporadic, in national territory, under the freedom to provide services, in accordance with the said Act No. 9/2009, on March 4, as well as through e-commerce, to the national territory , observed that it is the provisions of Decree-Law No. 7/2004, of 7 January, as amended by Decree-Law No. 62/2009, of 10 March, and by law No. 46/2012, of 29 August.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 14 Meets raise the norm that stipulates that the solicitor should refuse the provision of services in a matter in which you have already intervened in any other quality that is connected to another in that represents or has represented, the opposing party. It should be noted, moreover, that the solicitor should refuse the provision of services against who, in another pending cause, service as well as cannot advise, represent or act on behalf of two or more clients in the same subject or related subject, if there is a conflict of interests of these clients. With regard to remuneration, the Statute provides that the solicitor's fees must match a proper economic compensation for services actually rendered and must be paid in cash, and may take the form of retribution. As for the disciplinary regime, the statute requires that the solicitor's disciplinary infraction is violation, by action or omission, of the respective duties (General and specific). Note that the professionals carrying out notary Department in the national territory under the freedom to provide services, companies of solicitors, solicitors and firms of enforcement agents and the associations of solicitors are also liable to disciplinary liability, to the extent that those duties are applicable. Meets, on the other hand, emphasize the forecast of the guarantee fund of bailiffs, determining, in the Statute, that the General Assembly may, by a joint proposal of the General Council and the College of solicitors, affecting part of the revenue arising from its activity to the creation of a guarantee fund, designed to answer for the obligations assumed in the management of customer accounts of solicitors and solicitors files management cease involuntarily.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 15 4. The Statute is still particularly relevant in view of the urgent need to complete the framework of the activities of enforcement agents, that since the creation of this specialty, was the subject of structural achievements towards this activity become increasingly garantística of the rights and duties of these professionals and, consequently, of all stakeholders. This regulation which is now complete, met some key phases. The first step was found with the regulations of the accounts-customers and their establishment of a set of rules concerning means of payment to be used by the enforcement agent. The second step resulted in the creation of CAAJ, while foreign and independent entity that oversees and supervises the activities of enforcement agents. Finally, the Statute is the cornerstone for a more effective regulation of the activity of enforcement agents, through the adaptation of certain provisions related to the enforcement agents, in particular as regards the replacement rules, settlement, for the operation of the guarantee fund and the empowering of the specialty of enforcement agents, by eliminating the imposition on the requirements for registration of enforcement agent prior solicitor or barrister. With regard to enforcement agents, dignificando the profession in question, the chapter dedicated to the same Status, principia with your definition. Indeed, the definitória standard in question establishes that the enforcement agent is the auxiliary of Justice that, in pursuit of the public interest, exercises powers of public authority in the performance of due diligence that performs the processes of implementation, in the notifications, in quotes, in seizures, in sales and in publications in the context of judicial proceedings, or in acts of a similar nature that , even if they do not have judicial nature, these can be assimilated or be of the same supporting. It is important to highlight the statutory provision embodying the incompatibility of the exercise of the functions of enforcement agent with the Office of the court order, as well as with the Office of the Court administrator activity.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 16 actually, the Special Mission of enforcement agents in our legal system forces them, in addition to the associated duties, practicing diligently the procedural acts of which they are responsible, to provide to the Court, the parties and the third parties the information determined in accordance with the law, the accountability of activities executed , delivering promptly amounts, objects or documents that they are holding because of your role as enforcement agents, and do not exert or allow the exercise, in your Office or company, of forensic activities or which are inconsistent with the activity of enforcement agent. As for the remuneration scheme, the enforcement agent is obliged to apply the tariffs approved by order of the Member of Government responsible for the area of Justice. The rates in question may include a fixed portion established for certain types of procedural activity, and a variable part, dependent upon the consummation of the effect or the desired results with the performance of the enforcement agent. On the other hand, it should be noted that enforcement agents receive over 1000 processes, or that have more than 2000 cases pending, should pay a deposit in cash, through deposit in favour of CAAJ, guaranteeing the payment of expenses incurred in the payment of your Office processes, or integrating, when cease functions temporarily or permanently or be extinct society Depending on the number of processes. The security guarantees the payment of the costs arising from the management and maintenance of the file when the enforcement agent, or professional society, don't have policies to keep or not have transferred the responsibility to another agent or company.

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By your side, densifica status as to the regime of compensation, stating that this box is intended, in particular, to compensate for the movements made by enforcement agent, within the own region or anywhere in the cases of unofficial designation, when their costs exceed the value set by order of the Member of Government responsible for the area of Justice to support the actions of training of enforcement agents or candidates to this professional activity, to support the development and maintenance of software applications necessary for the exercise, monitoring and supervision of enforcement agent activity and to pay inspection and supervisory services promoted by the order of bailiffs and enforcement agents, as well as to finance the activity of CAAJ and the guarantee fund of the enforcement agents. The revenue offsets box consist of a percentage share of the amounts received under the duties of enforcement agent, set by order of the Member of Government responsible for the area of Justice, and may vary according to the characteristics of the processes that are entrusted to them. Meets note, on this subject, that, in order to finance the guarantee fund of the enforcement agents, are committed 15% of the annual revenues of the compensation box. Reduced by the guarantee fund are committed one-third of the revenue to fund the compensation box CAAJ. The recovery of amounts due to the compensation is effected by Order of bailiffs and enforcement agents automatically, with the payment of the value on which the percentage share is calculated or previously handling the case.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 18 Frise that the guarantee fund of the enforcement agents, which is run by CAAJ, is the autonomous patrimony, jointly and severally liable for the obligations of the enforcement agent before certain entities, as a result of your activity if there is lack of provision in any of your accounts-customers or irregularity in the respective drive answer up to a maximum of 100 000 euros per enforcement agent. On the other hand, taking into account the intervention in your executive actions, and without prejudice to the power inspetivo made to order of bailiffs and enforcement agents, the enforcement agents are monitored by the CAAJ. Note that constitutes the discipline violation and enforcement agent of enforcement agents the violation, by action or omission, of the respective duties (General and specific). With regard to disciplinary responsibility, it should be noted that, while solicitors are only subject to the power of the order of bailiffs and enforcement agents, the enforcement agents are also subject to supervision of CAAJ. 5. It should be noted that, in the staff regulations, the disciplinary matters is largely regulated by the great principles that shape that have guided the application of sanctions. Now, with regard to sanctions, are consecrated as such the warning, reprimand, fine, suspension of the exercise of professional activity up to a maximum of 10 years and the definitive prohibition of the exercise of a professional activity. Finally, implementing in Order of bailiffs and enforcement agents the principle of scanning, dedicates the shop, establishing that all applications, communications and notifications between the order of bailiffs and enforcement agents and professionals, professional societies or other associations of professionals, with the exception of those relating to disciplinary proceedings, are conducted by electronic means.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 19 Moreover, the order of bailiffs and enforcement agents must make available to the general public, through your email on the Web site, related information, in particular, to the taking up and pursuit of the profession, to the principles and ethics rules and technical standards applicable to its members, as well as the procedure of filing a complaint or complaints. So: in accordance with paragraph 5 of article 53 of law No. 2/2013, of 10 January, and d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 object to this law transforms the Chamber of bailiffs in Order of bailiffs and enforcement agents , and approves the respective regulations, in accordance with the law No. 2/2013, of January 10, which establishes the legal regime of creation, organization and functioning of public associations professionals. Article 2 approval of the Statute of the order of bailiffs and enforcement agents is approved, in the annex to this law and it is an integral part, the status of the Order of bailiffs and enforcement agents. Article 3 transitional provisions 1-within 180 days of the date of publication of this law, the President of the Chamber of bailiffs, heard the General Council, promotes the holding of elections for a term expiring in December 2017 of the following organs: the) representative Assembly;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 20 b) representative Assemblies of the colleges; c) professional advice of solicitors; d) regional Council of Coimbra; e) District Delegations; f) sub county Delegates. 2-the organs referred to in the preceding paragraph shall take possession within 60 days after the election, ceasing the functions that eventually they are replaced, inter alia, conduct regional sections, the regional delegations of the specialty of enforcement agents and delegates of circle or District Court. 3-Keep in Office until the end of the mandate provided for in paragraph 1 and assume the functions committed to comparable bodies: a) the Bureau of the General Assembly; b) the mayor who assumes the duties of Chairman; (c)) the General Council; d) the Board of Governors; and) the Council of the College of speciality of enforcement agents; f) regional councils of Porto and Lisbon. 4-need to replace some of the members of the bodies referred to in the preceding paragraph or increase your number follows the rules of cooptation laid down in the staff regulations of the Chamber of bailiffs, approved by Decree-Law No. 88/2003, of April 26, as amended by laws Nos. 49/2004, 24 August, and 14/2006, 26 April, and by Decree-Law No. 226/2008 , 20 November. 5-for the purposes of paragraph 3, remain in Office all members of those bodies, which still provides for a smaller number of elements in the new organs.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 21 6-the General Assembly shall approve all regulations laid down by the Statute of the order of bailiffs and enforcement agents, approved in annex to this law, within two years after your inauguration. 7-Up to your replacement, the regulations adopted under the Statute of the Chamber of bailiffs, approved by Decree-Law No. 88/2003, of April 26, remain in force, with the necessary adaptations, the General Council meet any gaps, unless have to the contrary to the provisions of the Statute of the order of bailiffs and enforcement agents, approved in annex to this law , in which case only the provisions which conform to this. 8-the General Council, within 60 days after the publication of this law, must establish and regulate an installation Committee of the regional Council, which promotes the installation of the respective organs. 9-solicitors regularly enrolled in the Chamber of bailiffs, on the date of entry into force of this law, is recognised to full professional quality to be enrolled in the College of solicitors. 10-The enforcement agents regularly registered in the Chamber of bailiffs on the date of entry into force of this Act is the recognition of the full professional quality to be enrolled in the College of enforcement agents. 11-can register in the respective schools candidates to solicitors or agents that have successfully completed the appropriate training course started under the Statute of the Chamber of bailiffs, approved by Decree-Law No. 88/2003, of 26 April, since to do so within five or three years, respectively, as the bailiffs and enforcement agents, from the entry into force of the Statute of the order of bailiffs and enforcement agents adopted in the annex to this law.

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12-The solicitors or enforcement agents regularly entered or registered in the Chamber of bailiffs, where incompatibilities arise as a result of the changes introduced by statute of the order of bailiffs and enforcement agents, approved in annex to this law, must put an end to these situations of incompatibility until 31 December 2017. 13-The enforcement agents to integrate societies have the deadline of a year to opt for integration of the processes for which they were designated as enforcement agents in society, with full delegation that processes through value that wake up, by a disposal of or exoneration of the company or to designate fellow substitute in accordance with article 174 of the Statute of the order of bailiffs and enforcement agents adopted in the annex to this law. 14-After the elections referred to in paragraph 1, the disciplinary proceedings pending in the regional sections conduct, resulting from professional activity while solicitor, are transferred to the Board of Governors. 15-all references to the Chamber of bailiffs in laws, regulations and other acts should be understood as referring to the order of bailiffs and enforcement agents, unless they are concerned the exercise of the tasks of the Committee for the follow-up of the auxiliary Justice (CAAJ), in which case should be understood as referring to this. 16-the value in debt by the enforcement agents to the compensation in proceedings before 31 March 2009 which has not yet been declared by them until the date of entry into force of the Statute of the order of bailiffs and enforcement agents, approved in annex to this law, or that may be detected in the monitoring intended in 60% to the respective guarantee fund and 40% to the compensation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 23 17-regulation of accounts-customers of execution provided for in article 171 of the Statute of the order of bailiffs and enforcement agents, approved in annex to this law, can set the terms and conditions for the reconciliation of the old accounts-customers, as well as the fate of the balances which cannot be reconciled. 18-solicitors firms and those of enforcement agents set up prior to the entry into force of this law shall adopt the rules laid down in the Statute of the order of bailiffs and enforcement agents, approved in annex to this law, within 180 days from the date of your entry into force, may be required to your dissolution. 19-The enforcement agents or companies to provide the security provided for in article 174 of the Statute of the order of bailiffs and enforcement agents, approved in annex to this law, required to deliver half of the calculated amount to 31 December 2016, the month after your discharge, and deliver the other half jointly with the calculated amount to 31 December 2017. 20-until the entry into force of all the norms of the Statute of the order of bailiffs and enforcement agents, approved in annex to this law, shall remain in force the status of the Chamber of bailiffs, approved by Decree-Law No. 88/2003, of 26 April. Article 4 set Standard is revoked Decree-Law No. 88/2003, of 26 April, which approved the Statute of the Chamber of bailiffs, as amended by laws Nos. 49/2004, 24 August, and 14/2006, 26 April, and by Decree-Law No. 226/2008, of 20 November.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 24 Article 5 final provisions 1-in the context of disciplinary proceedings in progress, and by decision of the disciplinary Commission of CAAJ, can the auxiliary processes of justice be seized for the same. 2-the resolutions of Declaration of public interest of the seizure of the processes governing the CAAJ. 3-for the purposes of paragraph 2 of article 36 of law No. 77/2013, of 21 November, employees, at the date of inauguration of the members of the Board of Directors of CAAJ: a) the members of the management group of the Commission for the efficiency of Executions in exclusivity of functions, with the exception of the President; (b)) the Executive Secretary referred to in article 14 of law No. 32/2004, 22 July; c) personnel who exercised administrative support functions on Commission for the efficiency of executions. 4-The employees referred to in the preceding paragraph shall be carried over to the CAAJ under employment contract, with insert on career corresponding to the contents of the functions previously undertaken, keeping salaries before received. Article 6 entry into force and effect 1-without prejudice to the next paragraph, this Act shall enter into force 30 days after your publication.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 25 2-the rules of the Statute of the order of bailiffs and enforcement agents, approved in annex to this law, which are not necessary to the implementation of the electoral acts referred to in article 3, only take effect 180 days after the entry into force of this Act or on the date of the inauguration of the new elected bodies If this is earlier.

Seen and approved by the Council of Ministers of March 2014 12 Prime Minister the Minister of Presidency and Parliamentary Affairs PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/26 ANNEX XII (referred to in article 2) STATUTE of the ORDER of BAILIFFS and ENFORCEMENT AGENTS of the order of bailiffs and enforcement agents CHAPTER I General provisions article 1 Title , nature and thirst 1-the order of bailiffs and enforcement agents, hereinafter referred to as abbreviated in order, is the public representative of the Solicitors Professional Association and enforcement agents. 2-the order is a collective person of public law, that in the exercise of its public powers over those administrative acts necessary for the performance of its functions and approves the regulations provided for in the Act and in these regulations, independently of the organs of the State, enjoying legal personality, administrative autonomy, financial, scientific, regulatory, disciplinary action and to payment of compensation within the limits imposed by the law. 3-except for the cases provided by law, the acts and regulations of the order are not subject to Government approval. 4-the order has the your headquarters in Lisbon. Article 2 Seal and emblem of the order 1-the order is entitled to the use of the seal and emblem.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 27 2-the insignia is made up of the flat of figuration armillary sphere with the national coat-of-arms, having superimposed the scales of Justice and entwined a tape with the caption ' Improbus Labor Omnia Vincit». Article 3 Purposes and tasks 1-the order has as purpose the control of access to and pursuit of the professional activities of bailiffs and enforcement agents, elaborating, in accordance with the law, technical standards and conduct respective and exercising disciplinary authority over who performs such professional activities, without prejudice to the powers specifically conferred on the Commission for the monitoring of auxiliary Justice (CAAJ) by contributing to the progress of the professional activity of its members, encouraging the efforts of its members in science, professional and social, and to compliance with ethical rules and professional ethics. 2-they are attributions of the order: a) Collaborate in the administration of Justice, proposing appropriate legislative measures to your proper functioning; b) regulate the access to and the exercise of the profession of enforcement agent and solicitor; c) Assign the professional titles of solicitor and enforcement agent, issuing the respective ballots; d) prepare and update the professional register of members; e) drafting and approving the internal regulations of associative and professional nature; f) formulate an opinion on the projects of normative acts related to their duties;

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g) Defend the general interests of recipients of services provided by their members; h) to ensure the social function, dignity and prestige of the profession, promoting initial and continuing training for its members and the respect for values and ethics principles; I) defend the rights and interests of its members; j) Exercise disciplinary authority over its members, when not legally assigned to other entities; k) contribute to the relationship with the Bar Association, with other public and private associations in Portugal and abroad, and may join unions and international federations; l) Promote the professional development of its members; m) Encourage the development of materials relevant to the exercise of professions; n) Develop or promote the development of computer and service platforms that give greater transparency, to simplify the exercise of professions and professional activities of operacionalizem Associates; the) protect professional titles, promoting necessary and appropriate measures to your defense against those who illegally use; p) promote cooperation and solidarity among its members; q) provide, within the framework of its functions, the technical and scientific collaboration requested by any entities, public or private, when necessary; r) participate in the official processes of accreditation and evaluation of courses that give access to the professions of solicitor and enforcement agent;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 29 s) Recognize the professional qualifications obtained outside Portugal, in accordance with the law, European Union law or International Convention; t) Exercise all other duties resulting from the provisions of this Statute and of the law. Article 4 1-the Guardianship supervision of legality on the order of bailiffs and enforcement agents, according to law, it is for the Member of Government responsible for the area of Justice. 2-under the tutelage of legality, the regulations focus on the stages, the evidence of access to the profession and the professional activities only take effect after the approval of a member of the Government responsible for the area of Justice, which is considered given if there is no decision to the contrary in the 90 days of your receiving, pursuant to law No. 2/2013 , 10 January. Article 5 social security social security of members is held by the Welfare Fund for solicitors and barristers, in accordance with the applicable legal and regulatory provisions. Article 6 correspondence and official documents request in the performance of their legal duties can order bodies match up with any public authorities, judicial and police authorities, as well as criminal police bodies, and may order, with exemption from payment of expenses, documents, copies, certificates, information and clarification, including the referral of cases in confidence, and such a request be satisfied as the official bodies must satisfy the requirements of the judicial courts.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 30 article 7 duty to collaboration 1-public authorities, judicial and police authorities, as well as the criminal police bodies, must, by law, to cooperate with the order, in the performance of their duties. 2-individuals, whether individuals or collective, have the duty of collaboration with the order in the exercise of its powers. CHAPTER II Organization, organizational structure, composition and powers section 1 General provisions article 8 Territory the order covers the Mainland and the autonomous regions. Article 9 1-Organization the order is organised on the basis of the territory and of the professional activities of bailiffs and enforcement agents. 2-in the territorial order plan is organized into three levels: the National); (b)); c) site.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 31 3-in terms of professional activities the order is composed of the following professional associations: the) College of solicitors; b) College of enforcement agents. 4-members of the order can belong simultaneously to one or more professional associations, subject to the incompatibilities and impediments, in legal terms. Article 10 Division in regions 1-Without prejudice to the following paragraphs, the regional division of the order number and territory coincides with the areas of competence of the courts of appeal. 2-While not the breakdown referred to in number following the Lisbon region covers the areas of jurisdiction of the courts of appeal of Lisbon and Évora, and the region of the port, the areas of jurisdiction of the courts of appeal of Porto and Guimaraes. 3-by decision of the General Assembly, taken by a simple majority of its members, can the regions of Lisbon and Porto to be broken down, in the case of the number of members in the area of competence of the Court of appeal associate exceed 10% of the associates. 4-If the number of members in the area of competence of the Court of appeal therefore is less than 10% of the Associates, the General Assembly may resolve on the aggregation of this region to the neighbouring region that has fewer associates.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 32 5-it is incumbent upon the Council to appoint the respective Installer commissions and define the means and time to perform the aggregation or disaggregation, in accordance with the preceding paragraphs, and could such a decision be amended by House representative, within 90 days. 6-the headquarters of the regional councils are in Lisbon, Oporto and Coimbra. Article 11 Division in District 1 delegations-the local Division of the order match in number and territory with the administrative districts. 2-Notwithstanding the preceding paragraph, in the administrative districts in which the number of associated with effective less than 25, the district Sub-offices are aggregated to the district adjoining smaller representative delegation. 3-each of the autonomous regions correspond to a County delegation, I can be aggregated other delegations. 4-Fit the General Council decide the aggregation or disaggregation according to paragraph 2, such decision may be changed by the General Assembly within 90 days. 5-by decision of the General Assembly can be aggregated or disaggregated district delegations in order to make them coincide with the map approved by the Judicial Organization of the Judiciary Act. 6-in the case of a district delegation occupying the area of competence of more than one court of appeal, the General Council shall determine which region and district delegation are affects members of each of the respective counties, and may this resolution be amended by the General Assembly, if the same is required within 90 days.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 33 article 12 determination of number of associates 1-for the purposes of the provisions of the preceding articles, in determining the number of associates are considered applicants on 31 December of the previous year. 2-regional and local distribution is determined based on the declared professional domicile by the associated until 31 December of the previous year. Article 13 1-order Organs Are national bodies of the order: a) the Congress; (b)) the General Assembly; (c)) the representative Assembly; d) the Chairman; and) the Board of Governors; f) the General Council; g) the Audit Committee; h) representative assemblies of the professional associations; I) professional advice. 2-Are the regional order: a) The regional assemblies; b) regional councils. 3-Are local organs of the order: a) The district assemblies;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 34 b) District delegations; c) sub county delegates. 4-the Protocol hierarchy of holders of the order is as follows: a) Chairman; b) Chairman of the Board of Governors; c) Chairman of the Board of the General Assembly; d) provider; and) Chairman of the Supervisory Board; f) Presidents of professional councils; g) Presidents of the regional councils; h) Chairman of the representative Assembly; I) Presidents of the tables of the assemblies representing the professional associations; j) Presidents of the tables of the regional assemblies; k) delegations district Presidents; l) sub county Delegates. 5-In all collegiate bodies in which is designated a President, this, or your replacement, have a casting vote in the event of a tie in the votes. 6-in case it is necessary to replace members of the collegiate organs are called alternates for the ordering of the respective lists presented. Article 14 1 Powers-the powers of the national bodies of the order shall be carried out in order to ensure: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 35


the) the national character of the order while the public association representative of those engaged in professional activities Portugal provided for in these bylaws; (b)) the need to promote the unity of its members; c) respect for the characteristics and self-interest of professional associations; d) respect for the individuality and autonomy of the regions; and) the need to integrate the regional actions, inserting them into national plans. 2-The order national bodies exercise their powers in matters of national character, namely: a) the protection and improvement of the conduct of the professions referred to in these regulations, in particular by participating in the drafting of laws and regulations; b) the intervention from central government agencies or other national entities; c) the development of international relations of the order; d) the monitoring of teaching in undergraduate in solicitor and law; and levels of enjoyment) training, skill and experience required for the admission of members; f) an assessment of the requirements for the attribution of the titles of expertise; g) identification of national issues with an impact in the area of Justice; h) needs assessment of recoverability of the activity of its members, particularly in scientific and technical plans, as well as your social intervention;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 36 i) the preparation of national plans, coordinating, in the medium and long term, the set of activities to be carried out by professional associations, regions and by delegations; j) the development of cultural initiatives, in particular those related to the library and publishing activity; k) all that are not exclusively assigned to regional or local bodies and those that the present Statute provides or that they will be granted or delegated. 3-it is up to each organ to approve the respective rules applying, in the absence of this, mutatis mutandis, the rules of procedure of the General Assembly. 4-without prejudice to the meetings determined by these bylaws, it shall be for each organ set the periodicity of its meetings. Article 15 Proportionality in application 1 lists-lists of candidates to the collegiate national executive bodies shall ensure the nomination of members from all regions. 2-the lists of candidates to the regional executive bodies shall ensure the nomination of members from more than half of the respective delegations. 3-the lists of nominations shall ensure that any of the professional associations has at least a share of one third of candidates. 4-a candidate who belongs to more than one school can fill the quota of any College.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 37 article 16 choice of position 1-With the limits laid down in paragraph 3 the following article and article 69, a member may be a candidate for more than one organ, but can only take a single organ, without prejudice to the positions that are occupied by extension. 2-candidates included an Executive of another public professional association can only take over a organ of the order after relinquish functions in another public association. Article 17 Incompatibilities in exercising functions 1-exercise of executive duties, disciplinary and supervision in order organs are incompatible with each other. 2-the position of the holder of the order is incompatible with the exercise of any functions in the civil service leaders and with any other function which check a manifest conflict of interest. 3-the provisions of the preceding paragraph shall not apply to: a) the Ombudsman; b) workers in public functions provided in position of solicitors expressly laid down in the tables of the corresponding organic services and hired to the same effect; c) to the elect to the representative assemblies, district delegations and delegates sub county.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 38 article 18 General convocation of meetings 1-schoolgirls of the order shall be convened by their President or, in the cases provided for in these bylaws, by the Chairman, preferably by via electronics. 2-the first meeting of the collegiate bodies that have not yet President is convened by the first most voted list member, who shall be responsible for directing the work until the election of the Bureau. SECTION II subsection I national bodies Chairman article 19 Chairman 1-the Chairman is the President of the command. 2-Except with regard to the Board of Governors and to the Supervisory Board, the Chairman is entitled to attend the meetings of the collegiate bodies of the order, in the respective table, if any, having the right to intervene and to propose freely, even if they do not have the right to vote. Article 20 1 Skills-the Chairman: a) represent the order in court and outside it, in particular before the organs of sovereignty;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 39 b) ensure enforcement of legislation concerning the Order and respective regulations, as well as to ensure the accomplishment of its tasks; c) presiding over the General Council and Congress; d) promote the implementation of the resolutions of the General Assembly, the representative Assembly, the Board of Governors and of the General Council; e) Proceed on its own initiative or at the request of other agencies, to the Constitution of the order as an Assistant in criminal proceedings, the promotion of lawsuits, or the defence of the order in action in this defendant; f) Submit any order or the respective organ associated with the preparation of legal opinions on matters that interest the order assignments; g) chairing any commissions or indicate an associate of the order for such functions; h) Decide on applications for waiver of professional secrecy and authorize public interventions on issues outstanding professionals; I) appeal to the Board of Governors of the deliberations of all organs, including the General Council, that it deems contrary to laws and regulations; j) Exercise in urgent cases the competence of the General Council; k) Convene a representative Assembly; l) Convene, exceptionally, the meeting of any collegiate body of the order or even the joint meeting of one or more organs, in accordance with paragraph 1 of article 18; m) Exercise any other powers or duties delegated to him by the General Council or representative Assembly;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 40 n) Designate a Secretary-General who, in addition to the powers delegated to him, attend meetings of the General Council and of the representative assemblies, safe resolution of these in the opposite direction, and may issue certificates of the decisions of the organs of the order; the) exercise the other functions that the laws and regulations confer. 2-the competence referred to in subparagraph (e)) of the preceding paragraph gives the Chairman, by resolution of the General Council and heard the organ concerned, decide to react or not, in whole or in part, in respect of disputes in order to be sued. 3-the Chairman may delegate any of its powers in the members of the General Council, considered individually or together in committees or working groups for these targeted. 4-the Chairman may delegate to the Secretary-General the skills identified in subparagraph (d)) of article 1. Article 21 responsibilities of Vice-Presidents is the responsibility of the Vice-Presidents: a) Assist the Chairman in his/her functions, replacing it on his absences or impediments; b) Perform the powers delegated to them by the Chairman or arising out of this Statute.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 41 SUBSECTION II General Assembly article 22 composition and competence 1-the General Assembly consists of all associated with entry into force. 2-it is up to the general meeting: the Chairman, elected) Board of the general meeting, the Board of Governors, the General Counsel and the representative Assembly; b) dismiss the organs that you elect, determining the convocation of elections; c) approve your Regiment; d) approve amendments to these bylaws; and approve the convening of referendum) after issuing a favourable opinion on the legality of the Board of Governors; f) discuss and vote on the plan of activities, the budget, the report and accounts of the General Council; g) approving the code of ethics; h) approving the electoral regulations; I) fixing the value of taxes and dues, taking into account the maximum limits provided for in these bylaws; j) resolving on the creation of specializations and grant the respective titles; k) Denote the provider and the statutory auditor; l) Assign the status of an honorary member of the order.

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3-unless otherwise stated, it is up to the General Assembly approving the regulations of the order on a proposal of the General Council, in accordance with the following exceptions: a) disciplinary regulation proposals are presented by the Board of Governors, being necessarily heard the General Council, the Presidents of professional councils and CAAJ, whose opinion is binding as to the rules respecting the enforcement agents; b) in the proposed regulation relating to financial matters and internal management of the order are heard the Board of Governors and the Board of Auditors; c) in the proposed regulation relating to matters affecting exclusively determined professional activity, is always heard professional advice appropriate, may submit the proposals before the House is representative of the College, being also heard the CAAJ when relate to enforcement agents; d) the General Assembly may delegate representative meetings of professional associations the approval of regulations that affect exclusively determined professional activity, and the delegation of powers to define the object, the sense, the extent, the limits and duration of the delegation. 4-the powers provided for in points (a) to (f)) m) of paragraph 2 and in paragraph 3 can be delegated representative Assembly, in whole or in part. Article 23 1 Table-the table of the General Assembly shall consist of the President and the first and second secretaries.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 43 2-In case of absence or impediment, the President is replaced by the first Secretary and, failing that, by the Second Secretary. 3-in the absence, in whole or in part, of the members referred to in the preceding paragraphs the General Assembly chooses from among the members to provide or complete the table. 4-it is the Chairman of the Board: a) coordinate with the Presidents of other tables of dates of election meetings that should not override national meetings, on the other; b) Convene the Assembly; c) check the number of presences; d) Drive the work, listening to the table, without prejudice to the Assembly; e) Initial and sign the minutes; f) give ownership to new organs in the 30 days following your election. 5-it is up to the other members of the Bureau of the Assembly shall assist the President in the respective decisions and ensure the preparation of minutes, scrutiny and attendance record. 6-the table constitute the Electoral Commission, the electoral general assemblies and referenda, announcing the distribution of the number of representatives per district delegates, coordinating and directing the voting process and ensuring the equality of the applications, or options under regulation.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII article 24 44 Meetings, documents, representation and quorum 1-the general meeting is convened by an acknowledgement postcard sent at least 10 days, to the post of institutional Associates, being simultaneously published on the Order and notice published in a daily newspaper. 2-in the general assemblies election not postal notices referred to in paragraph 1 shall be replaced by communication made via email to the address associated with institutional. 3-the documents to be adopted, in particular the proposals for regulations or decisions needed to debate the points of the agenda, should be made available through the email of institutional members. 4-a member may be represented at meetings of the general assemblies on the other, since the agent does not represent more than five members. 5-the adoption of amendments of these regulations, call for referendum, or dismissal of national bodies, require the presence or representation of a minimum of 10% of the associates registered and vote in favour of two-thirds of these. 6-not being present at the time designated in the notice of meeting, half of the members comprising the General Assembly, this brings together 15 minutes later, and, without prejudice to the preceding paragraph, the deliberations taken with any number of presences. Article 25 1-Meetings the General Assembly brings together: a) in December each year, to discuss and vote on the plan of activities and budget of the General Council for the following year;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 45 b) in March each year, to discuss and vote on the report and accounts of the General Council with respect to the previous year; (c)) For the elections provided for in these regulations and for the referendums; d) at the request of the Chairman of the Supervisory Board or, at least, a tenth of the associates with inscription in force; and by decision of the Bureau) to discuss and vote on the rules of procedure. 2-the application mentioned in paragraph (d)) of the preceding paragraph shall include the agenda. 3-the General Assembly normally meets in Lisbon. 4-at the request of the Chairman, the General Assembly can meet outside of Lisbon, where your realization coincide with the Congress or representative Assembly. 5-the Chairman shall convene the Assembly within 10 days to gather in 20 days following the date of reception of the application mentioned in paragraph (d)) of article 1. 6-deliberative meetings the Chair can add items on the agenda in the same House. 7-it is not possible to conclude the agenda on the day announced, the Bureau shall draw up ata and summons the members present to meet in new day and time, within 15 days, with the goal of completing the discussion and vote of the missing points, promoting the dissemination of the continuation of the General Assembly with the remaining associated with the order and through email. 8-for purposes of validity of the resolutions of the General Assembly, are only considered essential the formalities of the convocation referred to in paragraph 1 of the preceding article.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 46 SUBSECTION (III) representative article 26 Assembly composition representative Assembly consists of 51 associates elected by universal suffrage, direct, secret and periodic. Article 27 1-representative Assembly Meeting brings together on the initiative: a) The Chairman; b) of the General Council; c) at least one third of its members; (d)) of the fiscal Council; and) by resolution of the representative assemblies of any of the professional associations or the regional assemblies, adopted by a qualified majority of two thirds of its members. 2-the representative Assembly must be convened with at least eight days in advance. 3-The representative assemblies referred to in point (e) paragraph 1) should be convened in the 30 days following the reception of the application for a summons, which must come accompanied by the items on the agenda and the proposals to be submitted to the Assembly.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/47 4 XII-the fact that the representative Council have been convened pursuant to the preceding paragraphs shall not preclude the inclusion in call for other points on the agenda, by decision of the Bureau or at the request of the Chairman or of the General Council. 5-the quorum to function of the representative Assembly is: a) more than half of its members without prejudice to its power to decide, on second call, with the presence of at least one third of its members; b) more than half of its members, in the case of ruling on amendment of this Statute. 6-matters put to the vote shall be adopted by an absolute majority of the votes validly cast, excluding abstentions, except in the case of the adoption of amendment to these regulations, which lacks an absolute majority of all representatives. 7-the first representative Assembly meeting, in every term, is elected, among its members, a Bureau composed of a President and two Secretaries, who shall be responsible for the conduct of the work. 8-the Bureau of the Assembly referred to in the preceding paragraph may be freely replaced by the representative Assembly, since this has been convened on the matter on the agenda. 9-the timely replacement of the representative Council members of the Bureau, in case of absence or impediment of any of its members for the same have been designated. 10-the General Council makes represented necessarily representative Assembly sessions and in its committees through the Chairman or substitute this designate, without the right to vote.

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11-the other members of the General Council may intervene in the debates, at the request of the representative Assembly or with the agreement of the Chairman, in the table itself and without the right to vote. 12-the presence at meetings of the representative Assembly is mandatory, and the absence be justified before the Board of Governors in the 10 days following the completion of the meeting. 13-the representative Assembly of representatives meets preferably at the headquarters of the order, and may meet elsewhere by decision of the Chairman. Article 28 Competence the representative Assembly: a) electing and dismissing the respective table; b) Elect committees to deal with specific issues; c) deciding on matters within the competence of the General Assembly, or of the General Council, as delegates or submitted for consideration. SUBSECTION IV General Council article 29 1-Composition of the General Council: a) the Chairman; b) three Vice-Chairmen; c) two Secretaries; d) the Treasurer; and) five vowels.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 49 2-Integrate still the General Council, by extension: a) the Presidents of professional councils; b) the Presidents of the regional councils. Article 30 1-the General Council Meetings shall be chaired by the Chairman or, in case of absence or impediment, by the first Vice-President and, in case of absence or impediment, by the second Vice-Chairman. 2-the decisions are taken by simple majority, and may be taken by written resolution obtained by electronic means. 3-the members act in their individual capacities and not as representatives of the other organs that can integrate, unless they have been expressly requested mandate for this purpose. 4-the General Council cannot meet without the presence of a majority of its members and the Chairman or one of their surrogates. 5-the Chairman may invite third parties to attend the meetings, getting this possibility always subject to approval by a majority of the members, if the participant fails to be associated with the order. 6-without prejudice to the provisions of the preceding paragraph, only the members of the General Council have the right to vote, and may not be represented. 7-the minutes of the meetings and the deliberations certificates are signed by the Chairman and by one of the Secretaries, and should contain the result of the vote and any explanations of votes, as well as classify, basing, the deliberations that have reserved character.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII Jurisdiction article 31 1 50-competes to the General Council: a) Elaborate proposals for budget and activities plan, to be submitted to the General Assembly; (b) Approve the outlines of) programmes of action of professional associations and regional councils, in order to verify your connection with the plan of activities; c) propose to the general meeting the regulation of specializations, ears the respective professional associations and stakeholders; d) to submit to the General Assembly, requests for opinions or deliberation on matters of particular relevance to the order; e) propose to the general meeting amendments to this Statute and the referendums; f) propose to the General Assembly the appointment of an Honorary Member; g) Develop international relationships of the order; h) Promote the collection of revenue and allow expenditure; I) exercise the powers laid down in law for nationals of Member States of the European Union and the European economic area who wish to serve in Portugal as a solicitor; j) sign up members and Associates, as well as resolve any questions concerning the registration of members; k) to ensure the satisfactory preservation, upgrade and operation of general registration of members and subscriptions to professional societies of associates;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 51 l) Ensure to the Electoral Commission the means necessary for the Organization of elections and referendums; m) decide on the proposition, the defense, the transaction, the confession and the withdrawal of lawsuits; n) Alienate or encumber assets, borrow money and accept donations, inheritances and legacies; the fees due) fix for issuing documents or practices acts within the scope of services of the order; p) deliver opinions binding on omissions or shortcomings of the present Statute and regulations, after hearing the advice of professionals matter concerning professional activities; q) drafting and approving the other rules provided for in this Statute, in particular the regiments of any institutes and commissions, as well as concerning the operation of information systems in charge of the order; r) participate in the official processes of accreditation and evaluation of courses that give access to the professions of solicitor and enforcement agent, obtaining opinion of their respective professional associations; s) Manage the order goods and services, while respecting the needs of professional associations and regional structures, presenting to the General Assembly; t) drafting and approving the internal rules of the order, including those concerning the duties and responsibilities of your staff and relating to the hiring and dismissal of the staff of the order; u) Admit and fire employees of administrative departments and service contracts;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 52 v) Mandating any associate of the Order to the exercise of specific functions; w) approve social pacts of professional societies integrated by solicitors or agents of implementation provided for in these bylaws; x) approving rules for the operation of the services of the order; m) Exercise all powers which are not the exclusive competence of other organs. 2-the General Council may delegate any of its powers to the Chairman, in any other of its members and in commissions for these. 3-the General Council may delegate to the Secretary-General the powers referred to in points (a) to (h)), j) k), l) and s) of paragraph 1. SUBSECTION V Board of Governors article 32 1-Composition the Board is the supervisory body of the order, composed of 11 members elected by direct universal suffrage, secret and periodic, having the President a casting vote. 2-the Board is independent in the exercise of its functions and its composition may include up to one-third of elements that are not associated with. 3-the Council shall elect, from among its vowels, a Vice-President and a Secretary. Article 33 Jurisdiction 1-it is the Board of Governors, under the supervision: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/53 a) XII to ensure the observance of these regulations and other legal provisions and regulations applicable by other organs of the order, without prejudice to the specific competence of the Supervisory Board; b) Receive communications of irregularities on the functioning of other organs of the order and order the opening of investigations or sindicâncias, designating the respective instructors; c) Resolve conflicts of jurisdiction between the remaining bodies of the order; d) Make participation of irregularities to the Chairman and, where appropriate, administrative or supervisory authorities the competent criminal investigation authorities; and) issue an opinion on the text of the proposed referendum and on your compliance with the Act and these regulations; f) decide on appeals of decisions of the Electoral Commission which is presented; g) deciding on the resources to be presented regarding the refusal to register as a member of the order, the social pacts approval refusal of corporations or the refusal of the respective records. 2-it is the Board of Governors, under discipline: a) Exercise disciplinary authority over members of the order, without prejudice to the disciplinary authority committed to CAAJ; b) Exercise disciplinary authority over the enforcement agents when pipes are concerned violadoras of the duties to the order and with the members referred to in (a)), and) h) and k) of paragraph 2 of article 124 article 125 and article 130;

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c) Elaborate draft disciplinary regulations to submit to the approval of the General Assembly, heard the General Council, the Chairmen of the boards of professional associations and CAAJ, as regards the activity of enforcement agents, and, in the latter case, your opinion; d) comment on the proposed regulations focus on ethics, professional ethics, supervision and sanctions on development of this Statute; e) ensure compliance with the norms of professional ethics, and may, in particular, to conduct surveys and convene Associates to testify; (f) carry out inspections and audits) through its members, associates, employees or external entity contracted to the effect, giving knowledge to the inspections and audits CAAJ, respecting the enforcement agents; g) inform the General Council disciplinary decisions which are not appealable, as well as those of a precautionary nature, for to your registration and eventual disclosure; h) Communicate to CAAJ disciplinary decisions which are not appealable, as well as the precautionary in nature, when the same respect the associates who are also registered as enforcement agents, for the purpose of disciplinary responsibility in this qualifying your quality; I) decide on resources are directed for decisions on applications for waiver of professional secrecy; j) Exercise the other powers assigned to him by law or by regulation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 55 3-disciplinary authority of the Board of Governors relating to enforcement agents observes the following assumptions: a) the following shall be considered as specifically within the jurisdiction of the Board of Governors the disciplinary proceedings arising out of failure to comply with the duties set out in paragraph 1 (a)), and) h) and k) of paragraph 2 of article 124 article 125 and article 130; b) the disciplinary proceedings against enforcement agent, the charge deducted by the Board of Governors and the final decision is communicated to CAAJ; c) can challenge the process CAAJ concerned whenever relevant, in particular consider under the existence of other disciplinary proceedings pending or by considering the facts contained in the indictment are susceptible to harm third parties not associated with. 4-it is the Board of Governors finds incompatibilities, excuses, barriers and suspicions, as well as the marketing of professionals. 5-the Board of Governors, for exercise of competence defined in (a)) of paragraph 1, may ask the competent body copy of proceedings, proceedings and contracts awarded. Article 34 1-Operation For the regular performance of their duties, the Board creates sections, composed of a minimum of three of its members, responsible for each one of the professional activities, designating the members that the Chair and secretariam. 2-the Board of Governors may also create special committees of local or regional scope, intended for liquidation of offices or of companies, these being always chaired by a member of the Board of Governors.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 56 3-Notwithstanding the provisions of paragraph 3 of the preceding article, the decision of the disciplinary proceedings and the assessment of incompatibility, impediments, excuses and suspicions, it is up to the respective section of professional activity, and the practice of other acts and formalities be delegated to authorised third party or one of the committees referred to in the preceding paragraph. 4-section appeal decisions for the plenary of the Board of Governors. 5-Are exclusive powers of the Board of Governors: a) the supervision referred to in paragraph 1 of the preceding article; (b)) the judgment of the disciplinary proceedings in the first instance, instituted against the Chairman, the members of the General Council, the members of the Board or the members of the Board of Governors, when is not concerned the exercise of functions such as enforcement agent; c) resources of the decisions taken by the departments in disciplinary matters; d) resources of the decisions regarding incompatibilities, impediments, excuses and suspicions, as well as marketing for the practice of the profession; and) the unsubscribe to marketing refined associated by under the professional exercise in one of the specialties. 6-the decisions of suspension and ultimate banning of the practice of the professional activities of members referred to in (b)) of the preceding paragraph, when is not concerned the exercise of functions such as enforcement agent, and the penalties of removal from Office or inhibition of electoral capacity of those members have to be discussed by the plenary of the Council by a qualified majority of two thirds of its members. 7-The judgments given by the Board of Governors are open to challenge before the administrative courts, in accordance with the laws of the administrative process.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 57 SUBSECTION VI fiscal Council article 35 1-Composition the Audit Committee shall consist of a President and a Secretary. 2-also includes the supervisory board a statutory auditor, which may be a natural person or collective. Article 36 1 Skills-it is the Supervisory Board: a) Examine accounts; b) issue opinions on the activity reports and the accounts of each financial year, submitted by the General Council, as well as on the proposed activity plan and budget; c) General Council suggestions on the financial management of the order; d) Require the convening of the General Assembly, when you consider that there are serious flaws in the management of financial and economic order. 2-the application referred to in subparagraph (d)) of the preceding paragraph must be approved by all members of the Supervisory Board. 3-without prejudice to the activities of the other members of the Audit Committee, the auditor to carry out the review and legal certification of accounts, and shall carry out all necessary checks and tests for this purpose.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 58 4-the Supervisory Board may ask the competent body in copy of the deliberations, the minutes of meetings and contracts which it considers relevant. SUBSECTION VII article 37 Composition 1-the Congress represents all associated with effective, honorary and corresponding to the order, as well as trainees. 2-can be invited, as observers, representatives of other public associations or professional public and private entities and foreign nationals. 3-the Congress is composed of the members of the national and regional bodies, by members of the professional councils and delegates elected by each district delegation according to a proportional system, in accordance with the highest average method d'Hondt method. 4-members who are not elected delegates, as well as providers of professional services in the national territory controlled by Order under the freedom to provide services can participate in the Congress as observers, without the right to vote may intervene. Article 38 Implementation 1-the Congress is, ordinarily, every four years and, exceptionally, by decision of the Chairman, by decision taken by a qualified majority of three-fourths of the members of the General Council or by resolution, taken by absolute majority of the present, of the General Assembly.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 59 2-decisions or deliberations on the extraordinary achievement of the Congress shall show the agenda. 3-the Congress is convened by the Chairman, at least:) six months if assemble ordinarily; (b)) A month, if assemble remarkably. 4-the Congress is organized by a Committee constituted for that purpose, appointed by the General Council. 5-the Organizing Committee designates the Commission and the Secretariat. 6-the Secretariat submits for the approval of the Organizing Committee the programme and the rules of procedure of the Congress, ensuring your execution. Article 39 Powers of the Congress to consider the exercise of professional activities carried out by the members of the order and on the issues of the legal order and its consequences on the rights, freedoms and guarantees of citizens. SUBSECTION VIII representative Assemblies of the professional associations article 40 1-Composition Each vocational college has a representative Assembly which is composed of 21 members. 2-the Professional Council representative Assembly of the vocational college in their own table, without the right to vote.

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Article 41 1 Meetings-the assemblies representing each of the professional schools together: a) until 15 October, for approval of the plan of activities and budget proposal to be considered in the plan of activities and budget of the order for the following year, upon proposal by the respective professional advice; b) until March 31, to issue an opinion on the respective activity report and accounts for the previous year; c) For decision or resolution of the professional advice, the President of the Council, Chairman of the professional, the General Council or by petition signed by at least one third of the elected representatives. 2-apply to the representative assemblies of the professional associations the provisions concerning the Organization and functioning of the representative Assembly, with the necessary adaptations. 3-The representative Assembly meetings of professional associations take place preferably at the headquarters of the order. Article 42 Competence it shall be the responsibility of the representative assemblies of the professional associations: to elect the your table); b) approve proposals for regulations governing the respective professional activities subject to the representative Assembly; c) propose to the General Assembly the creation of specializations; d) approving the plan of activities presented by the Professional Council;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII and 61) approve the activity report of the Professional Council; f) approve the convening of the representative Council; g) approve the convening of early elections for professional advice. SUBSECTION IX career advice article 43 Composition Each school has a professional Council composed of a President, a Vice-President and three vowels. Article 44 1 Meetings-Each professional advice meets ordinarily every two months, and can meet extraordinarily upon call of your President. 2-the operation of each of the Councils is supported by administrative services, in accordance with the set between the Professional Council and the General Council. Article 45 for each Competence professional advice: the) represent the professional associations; b) Discuss and propose measures concerning professional issues within the framework of the professional activity, in particular as regards admission, qualification, updating and specialization of the respective members; c) Analyze and prepare associated subscription processes in vocational college; d) issue opinions on matters of professional activity;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 62 e) issue opinions on the processes of accreditation and evaluation of courses that give access to the profession; f) issue opinions on the best practices of professional activity; g) Issuing reports about fees, when this is requested by the members, by the courts or by other interested; h) Constitute arbitral tribunals and appoint their Chairmen for conflict resolution, in particular relating to delegations for the practice of acts, fees or calculating the value of shareholdings, between members who exercise the same professional activity or between members of the same society; I) Support the General Council in matters relating to their professional activity; j) Participate in coordinating the General activity of the order, including your President; k) Develop monitoring and inspection actions of members enrolled in the respective College, participating in any occurrences to the competent disciplinary; l) Appoint representatives to the region or district delegations, in conjunction with the respective agencies, to assist in the registration proceedings; m) Submit the plan of activities and budget proposal to integrate the plan of activities and budget of the order for the following year, as well as the annual activity reports for approval by the representative Assembly of the respective professional college;

n) General Council, by 15 October each year, proposal for a PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 63 activities plan and budget to be considered in the plan of activities and budget of the order for the following year. SECTION III subsection I regional regional assemblies article 46 Composition The regional assemblies are constituted by all associated with entry into force in the respective regions. Article 47 Powers Competes at regional assemblies: a) Elect the Bureau; b) Appreciate the acts of management of the respective regional bodies; c) approving the plan of activities and the budget proposal to be considered in the plan of activities and budget of the order for the following year; d) issue an opinion on the annual activity reports, which are submitted by regional councils; and Enjoy that, Affairs) in the context of these regulations, they are submitted; f) decide on the convening of the Assembly representative; g) approve the convening of early elections of the regional Council; h) Exercise all other powers provided for in this Statute.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 64 article 48 regional meetings 1-The regional assemblies meet in March and September, to exercise the powers provided for in subparagraph (c)) and (d)) of the preceding article. 2-The regional assemblies together:) where the respective regional councils consider it necessary by decision taken by an absolute majority of its members; b) By petition signed by at least 10% of its members. 3-the deliberations of the regional assemblies do not bind the national bodies of the order. 4-regional meetings shall apply, with any necessary adaptations, the provisions to the General Assembly regarding your attendance and functioning. SUBSECTION II article 49 regional councils Composition the regional councils are made up of a President, a Secretary and three vowels. Article 50 is the responsibility of regional councils Skills: a) represent the order in the regions; b) collaborate with other agencies of the order in the exercise of its powers; c) Manage the activities of the respective regions, in accordance with this Statute and the regulations; d) Administer the goods entrusted to them;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII and 65) Require the convening of regional meetings; f) Submit the proposed activity plan and budget to be integrated in order to plan and budget the following year, as well as the respective annual activity reports for approval by the regional Assembly; g) General Council, by 15 October each year, proposed activities and budget plan to integrate the plan of activities and budget of the order for the following year; h) Collaborate in the operation of the stages, in accordance with the respective regulations and the powers delegated by the General Council; I) Collaborate in the conduct of the election and referendums, acts in accordance with the determinations of the responsible bodies; j) collaborate in the reception and of applications for registration, in accordance with procedures to be decided by the professional councils; k) coordinate the activities of the district Sub-offices; l) Propose to the General Council the admission or dismissal of administrative workers of regional and local services, without prejudice to the powers delegated to them in this regard; m) Advertising and materials needed to carry out acts of judgments given in disciplinary proceedings in which they are condemned associated with domicile in the respective region; n) to organize and direct the respective administrative services.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 66 SECTION IV local Bodies SUBSECTION (I) district assemblies article 51 Composition The district assemblies are constituted by all associated with entry into force in the respective territory. Article 52 Competence it shall be the responsibility of the district assemblies: a) Appreciate the acts of management of the respective local bodies; b) to approve the proposed activity plans and budget to join the Order's budget for the coming year, as well as the opinions on the respective accounts and activity reports submitted to them by the district Sub-offices; c) Appreciate matters which, under this Statute, they are submitted; d) decide on the convening of the regional Assembly; e) approve the convening of early elections district delegations; f) Elect the delegates to the Congress; g) Exercise any other powers provided for in this Statute.

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Article 53 1 Meetings-The district assemblies meet ordinarily for approval of their respective activities and reports up to 31 March each year and until 30 September for approval of the proposed activity plan and budget the budget of the order for the following year. 2-The district assemblies meet extraordinarily whenever the respective District delegations the acting by a simple majority, applying to your operation, mutatis mutandis, the rules laid down for the General Assembly. 3-the deliberations of the district assemblies do not bind national or regional bodies. SUBSECTION II district Delegations article 54 1 Composition-district delegations are composed of three members: a) a delegate who chairs; b) two Secretaries. 2-the delegate accumulates its functions with the Member representative Assembly. 3-Notwithstanding the provisions of paragraph 5 of article 11, the delegation's headquarters is in the capital of district.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 68 article 55 delegations district Competes Skills: a) represent the order in their respective districts; b) collaborate with other agencies of the order in the exercise of its powers; c) Manage the activities of the order in the area of the district, in accordance with this Statute and the regulations; d) Administer the goods entrusted to them; and) Require the convening of local assemblies; f) Submit the proposed activity plan and budget the budget of the order for the following year, as well as the respective annual activity reports for approval by the regional Assembly; g) regional Council until 30 September each year, proposal for a plan of activities and budget integrate order budget for the following year; h) Collaborate in the Organization and operation of the stages, in accordance with the respective regulations and the powers delegated by the General Council or the regional Council; I) Collaborate in the implementation of the electoral acts and of the referendums, according to the determinations of the Electoral Commission; j) preside over the local assemblies; k) Coordinate the sub county, in which delegates may delegate their powers; l) convene meetings for information and debate on the themes to be submitted to a referendum and before the electoral acts;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 69 m) to receive the new members of the order; n) Organize and direct any administrative services. SUBSECTION III concelhias article 56 Delegations Composition and competencies 1-In all counties with at least five members who are not the seat of district delegation is elected a delegate. 2-in the municipalities with less than five associated or when the election is not possible, the regional Council may, on a proposal from the delegation, District delegate from among the members of the Council or, in your speech impediment from neighbouring County. 3-the delegate, under coordination of district delegation, assumes the powers of district in the municipality delegation. Section V Article 57 Provider designation exercising the capacity and competencies 1-the provider is called reasoned proposal of the General Council and approved in the General Assembly, for a term coincident with the General Council. 2-If the provider is associated with the order, you must suspend your subscription during the term. 3-the provider cannot be removed, except in the event of serious misconduct in the performance of their duties, by resolution of the General Council.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 70 4-competes to the provider: a) Analyze the complaints by recipients of services provided by the members of the order or professionals referred to in article 139, aiming to enlighten them on their rights; b) Mediate conflicts among the recipients of the services provided by the members or professionals referred to in article 139, without prejudice to possible participation to the competent disciplinary bodies; c) make recommendations to the members and bodies of the order, with a view to the resolution of the complaints referred to in points (a) or the improvement of the performance of the Association; d) submit an annual report to the Chairman and to the General Assembly. CHAPTER III elections, mandates, referendums and exercise of the offices section I General provisions article 58 vote 1-Without prejudice to the provisions of paragraph 3, be entitled to vote the associated effective with inscription in order. 2-effective members who are enrolled in more than one vocational college, can exercise your right to vote on the issue as every professional college. 3-professional societies provided for in this Statute does not have the right to vote.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 71 article 59 1-eligibility requirements can only be elected to organs of the order associated with the full exercise of its associative rights other than professional societies. 2-at least 85% of the members of each of the collegiate bodies of the order with executive powers or discipline must be associated with the entry into force effective and full exercise of their rights that have exercised the respective profession for a minimum of five years. 3-in the case of the number of members of the collegial executive body be less than seven, can always be included in the list a candidate who has not exercised the respective profession for a minimum of five years. 4-the count of the time of registration is made by reference to the closing date for submission of applications. Article 60 members of the representative assembly 1-election of the members of the representative Assembly is held by universal suffrage, direct, secret and periodic in each district delegations provided for in article 11, simultaneously with the elections to the General Council. 2-Each district elects a number of delegation members in proportion to the total number of members in the order, established pursuant to article 11, rounded off to the lower integer. 3-If as a result of rounding are not assigned all the seats on representative Assembly, the seats are apportioned by District delegations, beginning by the less representative.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 72 4-all delegations must be represented, being progressive and subsequently reduced the number of representatives in those with the highest number of members registered for the least represented elect at least one representative. 5-representative Assembly members are elected through the d'Hondt method, between the candidate lists to the delegations. 6-the members of the representative Assembly can integrate at the same time the representative Assembly of any of the professional associations in which they are enrolled. Article 61 1 Chairman-the Chairman is the first list candidate elected to the General Council. 2-can only be elected for Chairman an associated effective with the inscription in force and in full exercise of their rights to have exercised the respective profession for at least 10 years. Article 62 1-members of the General Council is elected to the General Council the list that obtains more than half of the votes validly cast, not considering how such blank votes. 2-If none of the competing lists the Chairman and the General Council obtains the number of votes referred to in paragraph 1, the second election, which should run only the two most voted lists which have not given up on your application. Article 63 Members of the superior Council the members of the Board of Governors are elected in autonomous list, by universal suffrage, direct, secret and periodic, simultaneously with the elections to the General Council.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII article 64 73 members of the Supervisory Board 1-members of the Supervisory Board are elected in autonomous list presented to the General Assembly elections. 2-the statutory auditor is chosen independently by the General Assembly, in view of a proposal from the other members of the Supervisory Board, prepared with respect for the rules of public procurement, with the necessary adaptations. Article 65 members of representative assemblies of the professional associations 1-members of representative assemblies of the professional associations are elected from among members of the respective College by associated with effective under the professional title used in force. 2-members of representative assemblies of the professional associations are elected pursuant to the election of members of representative Assembly. Article 66 Members of professional councils the members of professional councils are elected in autonomous list, by universal suffrage, direct, secret and periodic, simultaneously with the elections to the General Council. Article 67 Members of regional councils the members of regional councils are elected in each of the regions. Article 68 Members District 1 delegations-the first most voted list candidate for House representative in each district delegation assumes the functions of delegate.

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2-the delegate appoints Secretaries, two associates enrolled in their district delegation to the coadjuvarem in the management of the delegation. 3-In choice must be satisfied the proportionality between the professional associations, in accordance with article 15. Article 69 common rules 1-lists candidates for collegiate organs must contain as many members as the maximum number of eligible candidates, plus half of alternate, rounded to the next higher unit. 2-in the same election period, candidates may submit application to a maximum of two different bodies. 3-Except in the case of representative assemblies, being elected to more than one organ, applicants must indicate in which they intend to take possession. 4-in the case of midterm elections, the candidacy of a associated with an organ assumes the renunciation of prior Office eventually occupy, except in the case of election to the governing body that already. 5-The representative assemblies elect their tables at the first meeting of the mandate. 6-The district assemblies are chaired by the respective District delegation delegate or by whom this indicate from among the associates there included. Article 70 electoral Regulation General Assembly shall approve the election regulation, which should provide for: a) the designation of the Electoral Commission when your Constitution does not result from the provisions of this Statute;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 75 b) participation in meetings of the Electoral Commission of representatives of candidates or lists of trends in the referendum process; c) the possibility of creating regional and local voting tables; (d)) the possibility to vote through electronic means; and) the form and deadlines for submission of applications; f) the designation of representatives for each of the candidate lists; g) the form and the means of disclosure of the electoral programs of each application; h) the possibility of holding debates between the candidates; I) the rules to be observed in case of referendum. SECTION II Mandates article 71 1-term of Office the term of Office of the holders of the order has the duration of four years, unless delay in realization of the Electoral Act or occurrence of midterm elections and ends with the investiture of new elected members, and may be renewed once. 2-the offside of renewal of the mandate to the preceding paragraph shall not apply to the mandate that has been less than a year. 3 – recipients of any organ of the order can only be elected for the same body after a period of one full term after termination of duties on the organ in question. 4-the bodies elected in midterm elections ensure the mandate until new elections. 5-is not an impediment to the application: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 76) Chairman, the fact that the candidate have belonged in previous mandates the General Council; (b)) to A particular organ, the fact that the candidate has been a member of this in previous mandates by extension functions. Article 72 midterm elections and anticipated 1-midterm elections when: a) the waiver or definitive impediment more than half of the elected members of the governing body, following the call of alternates; b) by resolution of the General Assembly, the representative Assembly of the professional associations and regional meetings for dissolution, respectively, of the General Council, the Board of Governors, the Audit Committee, professional councils or regional councils; c) by resolution of the District Assembly, to dissolve the respective delegation. 2-the early elections to all organs when, in relation to the General Council the decision or for the verification of the assumptions of elections occurring during the last year of the term. 3-the decisions referred to in (b)) of paragraph 1 shall be taken by a qualified majority of two thirds of the members of the body, in a special meeting convened for that purpose, at least 15 days. 4-the tables of deliberative assemblies can be overridden expressly convened meetings for this purpose.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII article 73 77 Office of the position 1-exercise of positions in the organs of the order can be remunerated, in accordance with the set in regulation approved by the General Assembly. 2-the holders of the offices of the order are entitled to the payment of any expenses arising from travel to or representation service of the order, in the cases and under the conditions laid down in regulation. 3-the remuneration that, in accordance with paragraph 1 is attached to the Office of the Office of the Ombudsman may not be decreased during their tenure. Article 74 Excuse and renunciation of the exercise of the mandate 1-can ask the Board excuse the post for which they were elected members who are precluded from your normal exercise, in particular by reason of illness or as a result of the change of domicile for professional location farther from the headquarters of the organ. 2 – recipients of the organs of the order may resign their position, on request presented to the Board and communicated to other national bodies. 3-the excuse that is not motivated by fact that preventing the immediate exercise of functions and the resignation take effect 30 days after the presentation of the requirements laid down in the preceding paragraphs, if the replacement is earlier.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII Article 78 75th offside substitution or waiver of the Chairman 1-Checked the resignation or impediment of the Chairman, the General Council to appoint, by a two-thirds majority of all its members, from among the Vice-Presidents, the new Chairman. 2-If Not checking the majority laid down in the preceding paragraph within 30 days from the date on which it was recognised the resignation or impeachment of the President, the first Vice President assumes the duties of the interim Chairman, starting immediately the procedures necessary for the Constitution of the Electoral Commission for the Organization of the elections to the General Council. Article 76 offside substitution or waiver of the other organs 1-in the situations provided for in article 74, the members of the other organs are replaced by alternates, in the order given in the list. 2-going on way to recovery of a body by virtue of the application of the preceding paragraph, the members-in-Office can choose, by consensus, by the redistribution of posts, with the exception of the President. Article 77 replacement by temporary impediment 1-in the case of temporary impediment of any member of the order, without that provision is made for the shape of your replacement, the Agency stopped discussing the situations of impediment and the need for temporary replacement, to make interim appointment from among the eligible members. 2-the system of barriers laid down in the code of administrative procedure at all contrary to the present Statute.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 79 3-temporary replacement of delegates from District delegation is deliberate by respective regional councils. Article 78 1 mandate loss-the members of the organs of the order lose the mandate: a) is suspended or canceled your registration; b) When missing, unjustifiably, to more than three meetings in a row or five meetings interpolated, during the term of the respective organ; c) By decision to convene early elections. 2-the unjustified nature of the failure is appreciated by the respective organ at the beginning of the next meeting. 3-the loss of the mandate in the cases referred to in point (b)) of paragraph 1 is recognized by the Agency, by decision taken by three-fourths of the votes of its members. 4-the loss of the mandate of Deputy in the cases referred to in point (b)) of paragraph 1 is recognised by the respective regional Council, by resolution taken by three-fourths of the votes of its members. Article 79 honours and right to the use of Insignia 1-associate has been a member of the Order preserves the honorary designation corresponding to the highest Office that there is busy. 2-The associates who are or have been members of the order, when appear in acts of great solemnity, can use on professional dress silver insignia order, being the ancient Golden silver bastonários.

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SECTION III Article 80 1-Referendum Referendums referendums have national scope, and may be directed to the vote: a) of proposed amendment to these bylaws; b) of proposed code of ethics, or its amendments; c) proposals concerning the dissolution of the order; d) proposals on issues that have particular relevance to the order. 2-the holding of referendum depends on resolution of the General Assembly, and must be preceded by opinion of the Board of Governors on its compliance with the law. 3-the referendum is mandatory in the situation referred to in paragraph c) of paragraph 1. 4-the fixing of the date, the Organization of the referendum and the dissemination of the results fit at the table of the General Assembly, in accordance with the respective regulations. Article 81 effects and regulation of referendum 1-the results of the referendums can only be considered as binding them to vote, at least 40% of members. 2-If more than half of the votes validly cast are in a positive sense, the question shall be deemed approved subject to referendum. 3-in the case of referenda concerning the dissolution of the order, approval voting validly Express lacks more than half of the associates. 4-the general meeting approves the regulation of referendum on a proposal of the General Council.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII CHAPTER IV financial Regime Article 81 82 1-order Revenues Are revenues of the order: a) The donations, the appropriations and subsidies; (b)) the amounts from inscriptions, quotas, payment for the services, fines, fees, and any other income which is assigned by law and which are not legally affect the other entities; c) the return on assets of the order; d) proceeds from the sale of any goods; and neutralist rate). 2-the recipes are intended to meet the costs of the order in the realization of statutory goals. Article 83 1-The Quotas associated with registration in force are required to contribute to the order through a monthly quota, fixed as follows, based on the value of the minimum monthly wage in force on 31 December of the previous year: a) 5% of General quota; b) 1% for every professional activity in which the Member is registered. 2-the collection of the duties and responsibilities of the General Council, without prejudice to the delegation of powers in regional or local bodies.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 82 3-the collection of quotas is made monthly, which may however be given another frequency by the General Council. 4-are entitled to a reduction or exemption from the value of quotas, in accordance with the regulations by the General Assembly: a) The new members in the first three years following the registration; b) associated with pensioners, since proving not to have received, by any means, the previous year, monthly income equal to or higher than the minimum monthly wage; c) associates which in advance to annual payment; d) members that contribute significantly to the payment via direct debit account. 5-the associated whose entry is cancelled is not entitled to the refund of dues paid until the date on which it is notified of the cancellation. 6-the collection of quotas and other revenues of the Order is the subject of regulation to be approved by the General Assembly. 7-corresponding members pay dues to the value corresponding to two twelfths of quotas laid down annually, unless deliberate waiver by the General Council. 8-non-payment of quotas, for a period exceeding 12 months, must be communicated to the competent disciplinary body, for the purposes of disciplinary proceedings. Article 84 collection of fees and other amounts 1-the Order to proceed with the liquidation and collection of revenue, through the competent bodies for this purpose, including quotas and fees, as well as fines and other revenue.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 83 2-In case of non-payment within the time periods due to payment notice is issued within 15 days. 3-the forced collection of fees or other amounts due to the order shall apply the rules of the code of Civil procedure. 4-is considered quite the enforcement order certificate of debt passed by the General Council of the order in respect of quotas, and the fees due to the compensation. 5-the lack of payment of fees, fines and other revenue required may result in the suspension of the provision of services by the order in accordance with the respective regulations. Article 85 fee for security reinforcement services 1-documentary Is also revenue of the order, the value of the fees paid by the members and by the professionals referred to in article 139, which are due by the documentary documents security services that issue in the course of your professional activity. 2-the revenue referred to in the preceding paragraph is intended to cope with the costs of development, file and the management mechanisms of enhancing the security of those documents. 3-for the purposes of the preceding paragraphs, the Member or professional provided for in article 139 of the Order value corresponding to 0.2% of a unit of account, where practice each of the following acts: a) Citations and notifications in the form of citation; b) single Notifications or similar, with the same effect; c) certifications, endorsements and recognitions;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 84 d) Requirements on paper, to be presented before any public or administrative authority relating to the first speech in the process or procedure. 4-in the documents in paper form, the value referred to in paragraph 1 is paid at the time of acquisition, order services, authentication seals must be affixed to the document issued by the associated with the objective of strengthening security, including making your fake. 5-the seal of authentication is the identifying sign of the associates and professionals referred to in article 139, the characteristics are defined by regulation to be adopted by the General Assembly. 6 us dematerialised documents, the value referred to in paragraph 3, that can be reduced to half by resolution of the General Assembly, is charged by means of a current account, as approved by the General Assembly, which set the procedures necessary to ensure that the date and time of generation of the document and the identity of who produced it. 7-the values referred to in paragraphs 3 and 6 can be increased to 0.5% of a unit of account procedure by resolution of the General Assembly. Article 86 Purpose revenues the revenues of the order are intended for the pursuit of its statutory purposes. Article 87 budget and Treasury 1-the order has a single budget, prepared by the General Council and approved by the General Assembly, based on the estimates of revenue and expenditure for the following year and the proposals of affectation of resources of each of the organs.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 85 2-regional councils and professional associations refer until October 15, to the General Council, its proposals for budgetary affectation, including here, in single entry, the proposals of delegations. 3-the financial management of the order of the General Council, which has a single Treasury, who shall be responsible for effecting payments and receipts and issue debt certificates, which may delegate all or part of this competence in regional and local bodies. Article 88 1 budgetary allocations to each of the agencies referred to in (c)), d) and (g)) of paragraph 1, point (b)) of paragraph 2 and in paragraph b) of paragraph 3 of article 13 has a minimum annual guaranteed budget allocation, which may be amended from time to time by resolution of the General Assembly, as results from the attached to this status and that it is an integral part. 2-the allocation of the appropriations referred to each of the professional schools is calculated based on the amount charged by way of quotas to members enrolled in each school. 3-the authorization of expenditure on the basis of the appropriations referred to in paragraph 1 may be dependent on the effective collection of recipes for the allocation, in such a way as to avoid the occurrence of Treasury issues. Professional activities CHAPTER I General provisions Article 89 professional titles of solicitor and enforcement agent the award of the professional title solicitor or agent and the professional exercise of these activities depends on registration as effective in the respective professional college associate of the order.

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Article 90 1 Associates-there are the following categories of members of the order: the) effective; b) Intern; c) Fee; (d)). 2-Notwithstanding the provisions of paragraph 3 of article 58, only effective members can vote, be elected and participate in the assemblies. 3-the order can assign, within each vocational college, the title of specialist in terms of regulation in which define: a) the areas of professional practice that are specific to that matches the title; (b)) the knowledge and experience required for the assignment of title; (c)) the conditions required for the maintenance of that title, particularly in terms of infrastructure affects the area of specialization and continuous training. 4-members regularly enrolled in a professional school does not require the award of the title of specialist in order to carry out their professional activity.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII article 91 87 associated with effective 1-admission as associated with effective depends on the ownership of the degree of Licentiate in notary Department or law and have been approved in the professional stages of access to the profession of solicitor or agent of implementation in their respective finals, depending on the College or professional associations in which the candidate if you want to subscribe to. 2-it is permissible to inscription on both the professional associations. Article 92 1-trainee Associate Has the category of associate trainee the candidate who, not being registered in any of the professional associations, has been admitted to stage one of the colleges. 2-the associated entered definitely in a vocational college wishing to subscribe to another vocational college as an associate is considered effective in relation to this vocational college and until the desired professional title, associated with an intern. Article 93 an honorary member the General Assembly can assign the status of an honorary member of the order to individuals, institutions or collectives that exercising or having exercised recognized public interest activity, or having contributed to the dignity and prestige of profession subject to the control of the order are considered worthy of such a distinction, based upon proposal by the General Council.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/88 94 XII corresponding 1-Associated Are associated with corresponding: a) The professionals who, being regularly enrolled, require the suspension of your professional activity and state you wish to keep your subscription as correspondents; b) The natural or the collective who, because of the possible connection of the activity developed with the attributions of the order, the General Council consider appropriate to assign this category for a period of four years; c) The associations referred to in article 96. 2-corresponding members are entitled to receive the magazine and public communications. 3-the associations referred to in subparagraph (c)) of paragraph 1 have the right to be supported in providing professional services in the order, without prejudice to the payment of fees that are set out in regulation. Article 95 1 Professional Societies-The solicitors and the enforcement agents established in national territory may exercise the respective professions, constituting or joining professional societies of bailiffs and enforcement agents, and can a company have both social objects in accordance with this Statute.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/89 2 XII-The professional societies referred to in the preceding paragraph shall enjoy rights and are subject to the duties applicable to associated effective professionals in the order that they are compatible with your nature, being particularly subject to deontological principles and rules contained in this Statute, as well as the disciplinary authority of the competent authority. 3-the members of the executive body of the companies referred to in paragraph 1 must comply with the principles and rules of ethics, technical and scientific autonomy and guarantees conferred to solicitors and to enforcement agents by law and by these bylaws. 4-the members of the management bodies of solicitors and firms or of enforcement agents must be registered with their professional order. 5-Notwithstanding the provisions of paragraph 1, are not acceptable any multidisciplinary societies that integrate solicitors or agents. 6-without prejudice to the provisions of this Statute, the Constitution and functioning of societies of solicitors and or enforcement agents applies the legal framework of the Constitution and functioning of professional corporations that are subject to public professional associations. 7-The company must choose, at the time of your Constitution, by one of the two following types, depending on the regime of responsibility for social debts to adopt, and the firm contain the mention of the scheme adopted: the unlimited liability companies), RI; b) limited liability companies, RL. 8-responsibility for social debts include the generated by actions or omissions charged against the partners, associates and trainees, in the exercise of the profession. 9-In unlimited liability companies, the partners respond personally, jointly and severally liable for the debts and social unlimited, without prejudice to the next paragraph.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 90 10-society creditors of unlimited liability may only require the partners pay social debts after the prior discussion of the assets of the society. 11-In limited liability companies, only society responds by social debts, to the extent of the compulsory civil liability insurance. 12-professional companies provided for in paragraph 1 applies the tax regime envisaged for companies incorporated under the commercial form. Article 96 associations of professionals from other Member States of the European Union and European economic area 1-The associations of professionals likened to solicitors incorporated in another Member State of the European Union and the European economic area whose capital and voting rights fit exclusively to those professionals, can subscribe to the respective permanent representations in Portugal, such as professional societies, provided there is a system of reciprocity in the respective country. 2-the entities referred to in the preceding paragraph are as such regarded as professional societies of Solicitors for the purposes of this Act, and applies them, mutatis mutandis, the provisions of paragraph 4 of the preceding article. 3-capital requirements referred to in paragraph 1 shall not apply if, according to the legal form adopted by the associative organization concerned, this has no share capital, by applying, in your place, the requirement of attribution of voting rights to professionals there referred to. 4-the preceding paragraphs do not apply to associations established in another Member State of the European Union or European economic area comprising professionals treated as enforcement agents.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/91 Article XII 97 Professional domicile 1-Each Member indicates the respective professional domicile. 2-the provisions of the preceding paragraph shall not preclude the existence of secondary offices. 3-all associated with effective, as well as trainees, is assigned an email address and a signature and authentication digital certificate, in accordance with and under the conditions determined in regulation approved by the General Assembly. Article 98 order Communications to their members 1-communications and notifications of decisions or decisions of organs of the order to its members are made preferably via electronics, in accordance with the set in regulation approved by the General Assembly. 2-communications and notifications, when sent in paper form, are addressed to the professional domicile and, when sent in email support, to the email address provided in the order. Article 99 training 1-The associated with inscription in force must attend continuing training actions periodically to ensure the permanent monitoring of the theoretical and practical developments of the exercise of the activity in accordance with the set in regulation approved by the General Assembly, on a proposal from each of the professional associations. 2-the regulation referred to in the preceding paragraph may impose periodic tests to be carried out for maintenance of professional activity of enforcement agent or for the use of the title of specialist.

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Article 100 public Lists of members and providers on freedom to provide services 1-the order must keep public lists updated, accessible on your website to make it known to all interested information relating to professionals and companies able to carry out the duties of solicitor and enforcement agent in national territory. 2-the lists set out the following information: a) professional Identification associated with effective and trainees, with an indication of the professional activity exercised and recognized expertise, professional domicile, any secondary offices, ballot number, tax number, professional email address, phone number, dates of registration as an associate member of the effective schools and number of professional insurance policy or guarantee or equivalent instrument When required; b) with regard specifically to professionals, yet the positions assumed in order; (c)) with regard specifically to professional societies, yet their registration numbers, collective person identification, professional partners, members, managers or directors and share capital; d) identification of providers, assimilated to solicitors, under the freedom to provide services in the national territory, with an indication of the professional homes referred to in paragraphs 3 and 4 of article 139, the public association of professional origin and associative organization of professionals who belong in that same Member State;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/93 and) identification of XII associates whose entry has been canceled, or suspended for disciplinary reasons, with the indication of the name or business professional, certificate, tax identification number, professional address, as well as associated ID responsible for possible liquidation of the firm or company; f) register of extinct societies, or in liquidation, with indication of the collective person identification number, the last seat and the past managers, administrators or liquidators; g) identification of affiliates for which has been decreed the suspension of designation for new processes, as provided for in article 167. 3-it is the General Council to regulate the inclusion of additional information as well as the definition of the rules for amendment, correction or updating of the information contained in the list and the form of identification of employees or related services with professional activities. Article 101 associated documents and files of the order 1-When have not been transmitted to another company or associated with, the order must promote the maintenance file of authentic documents, authenticated, or of similar importance, deposited exclusively with solicitors or agents or professional societies, depending on applicable cases, have died, been unable to exercise the profession , required the cessation of functions in the vocational college, been definitely prohibited the exercise of professional activity or suspended for more than two years. 2 – the following are considered included in the documents referred to in the preceding paragraph: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/94 XII a) existing documents in documentary collection solicitors, whose maintenance file to be imposed by law, in particular the private documents authenticated and the documents submitted electronically in registration acts whose original is public record; (b)) in respect of enforcement agents, securities executives whose original is public record, evidence of transmission of goods and the single service documents signed by citandos, notificandos or a third party. 3-General Assembly shall regulate the Organization and transmission of the file, of the members and of the order, setting: a) the documents must be kept in physical media and simultaneously in digital form and that may appear exclusively on digital support; (b)) the minimum term of the media file; c) the form of transmission of the file in favour of solicitors, agents or the respective companies; d) the form and the necessary guarantees to the eventual hiring of entities that ensure the maintenance of these files; e) precautionary measures to adopt to arrange the file of any Member who is at risk of loss or deterioration. 4-it is the General Assembly set the fees payable for the provision of the following services, support for whom of them benefits: the File of the associated documents) which are not included in paragraph 1 and wish to use these services; b) evaluation of documentary and archive documents mass;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 95 c) issuance of certificates and copies of archived documents in physical or digital support. 5-After the mandatory deadlines file maintenance set out in this article, the order must promote the destruction of documents whose archive is useless, without prejudice to the possible deposit or file delivery the responsibility of the State. CHAPTER II Incompatibilities, impediments and registration section I Incompatibilities and impediments article 102 1-generic Incompatibilities in addition to the professional activity-specific incompatibilities, are incompatible with the exercise of any of the professional activities covered in these regulations the following positions, functions and activities: a) Holder or member of organ of sovereignty, the representatives of the Republic to the autonomous regions , the members of the Regional Government of autonomous regions, mayors and Councillors who receive any form of remuneration or allowance, as well as the respective deputies, aides, Secretaries, workers with public job link or other contractors of their respective organs, offices or services, without prejudice to the provisions of subparagraph (a)) of the following paragraph; b) member of the Constitutional Court and their deputies, workers with public job link or contracted; c) member of the Court of Auditors and the respective deputies, workers with public job link or contracted;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 96 d) Ombudsman and the respective deputies, workers with public job link or hired from the respective service; and), Magistrate in organ or judicial function; f), administrator, Aide worker with employment bond public hired any court; g) Notary or conservative records and employees or contractors of the respective service; h) public managers; I) Worker with employment bond or hired any services or entities that have a public nature or pursue public interest purposes, of central, regional or local nature; j) member of Board of Directors, or Executive Director with powers of organic representation of the entities referred to in the preceding sub-paragraph; k) member of the armed forces or militarised forces; l) auditor or certified accountant and employees or contractors of the respective service; m) trustee or liquidator or person who performs similar functions; n) real estate agent and employees or contractors of the respective service. 2-the incompatibilities referred to in the preceding paragraph are whatever the title, designation, nature and species of provision, compensation and, in General, whatever the legal framework for the respective position, function or activity, with the exception of the following: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 97 the) of the members of the Assembly of the Republic as well as of their respective deputies, aides, Secretaries, workers with public job link or other contractors of their respective offices or services; (b)) Of which are retirees, pensioners, in situation of inactivity, with unlimited license or on the reservation; c) workers in public functions provided in position of solicitor, expressly laid down in the tables of the corresponding organic and service contractors to the same effect, without prejudice of the impediments listed in the present Statute; d) of teachers; and they're hired) by way of provision of services. 3-it is allowed to pursue the activity of solicitor to the persons indicated in subparagraphs (i)) and j) of paragraph 1, when this is provided under subordination and exclusively, to the service of any of the entities referred to in those subparagraphs. 4-is still permitted the exercise of the activity of solicitor to the persons indicated in subparagraphs (i)) and j) of paragraph 1 when provided in positions of entities or structures with a temporary, without prejudice to the provisions of the status of the personnel of offices of central, regional and local administration of the State. Article 103 1 Impediments-the caveats reduce the extent of the practice of the profession and the solicitor are incompatibilities in respect of forensic and legal consultation mandate, with a view to certain relationship with the client, with the issues concerned or by irreconcilable availability to the profession.

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2-beyond the impediments specifically designed for each of the professional activities, the Member is prevented from: a) serve to person different from entity has link, in the cases provided for in subparagraph (c)) of paragraph 2 of the preceding article; b) exercise professional activity for your principals to which pay, or has paid, in the last three years, Justice of the peace, court administrator, mediator, auctioneer, chartered accountant or certified accountant; c) Practice professional acts and move any influence with public or private entities, where plays or has played functions whose exercise may give rise, in concrete, a mismatch, if those acts or influences collide with the ethical rules contained in this Statute. 3-The members who are members of representative assemblies of local authorities, as well as the respective deputies, aides, Secretaries, workers with public job link or other contractors of their respective offices or services are prevented, in any Forum, sponsoring, directly or through the society of which they are members, actions against the respective local authorities, as well as to intervene in any activity of the Assembly who belong on subjects they have professional interest directly or through the society they belong to. 4-the partners referred to in point (a)) of paragraph 2 of the preceding article are prevented, in any jurisdiction, to sponsor periodic actions against the State. 5-The associated to function of Councillor are prevented, in any jurisdiction, to sponsor periodic actions against the respective municipality. 6-going on doubt about the existence of any impediment, there is no been assumed by the associated logo, the respective high school decide. SECTION II PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/99 article 104 Entry Ballot XII Pro 1-The associated enrolled is delivered a ballot by each school in which enrolled, which serves as a proof of inscription in the order and of the right to use the professional title of solicitor or agent. 2-The professional ballots are issued by the General Council. 3-it is for the General Assembly to regulate the format and content of the bills referred to in the previous paragraphs. 4-in the case of the associated integrate a professional society or entity equivalent, professional card referred to in paragraph 2 include the identification of that. Article 105 entry requirements in the order 1-Are requirements for professional registration in the order, in addition to approving on stage and respective final exam: a) the title of the degree of Licentiate in notary Department or in law or of a degree higher than abroad in the field of the solicitor or the law which has been granted equivalence to one of those degrees; b) is not in any situation of incompatibility for the practice of the profession; c) not judicially prohibited the exercise of professional activity or, being a natural person, prohibited or declared legally disqualified; d) not be considered inidóneo to the exercise of a professional activity, in accordance with the following article. 2-the inscription on the vocational college of solicitors, by professionals whose PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 100 qualifications have been obtained in Portugal assumes: a) Information favourable to stage provided by the patron or internship centres; b) Presentation of application for enrolment at school until five years after conclusion of the internship successfully. 3-Are also requirements for registration in the College of enforcement agents: a) Have Portuguese nationality; b) not have been, in the last 10 years, enlisted in the public list of debtors legally regulated; c) Have completed successfully, the run agent stage; d) Require registration at the College until three years after the conclusion of the internship successfully; and) having been implementing agent for over three years, undergo the examination referred to in paragraph 3 of article 115 and obtain the assent of CAAJ. 4-the entry of professionals from the European Union or the European economic area in College of solicitors made pursuant to law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2. 5-the inscription of the professional societies of solicitors, and associative organizations of solicitors referred to in article 96 follows the terms prescribed in the legal framework of the Constitution and functioning of professional corporations that are subject to public professional associations.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 101 article 106 restrictions on the right of entry 1-without prejudice to the provisions of the following paragraph, registration is refused who does not fulfil the requirements set out in the previous article. 2-registration may be refused or cancelled the associated considered inidóneo to the exercise of a professional activity, without prejudice to the other situations susceptible to motivate the suspension or cancellation of registration provided for in these bylaws. 3-Notwithstanding the provisions of paragraph 5, it is considered inidóneo to the exercise of a professional activity, in particular, who has been Convicted: a), for national or foreign decision which has become final, the practice of crime dishonorable for the practice of the profession; b) declared, there is less than 15 years, by national or foreign decision which has become final, insolvent or responsible for the insolvency of an undertaking by you dominated or whose administrative or supervisory bodies has been a Member; c) subject to a disciplinary penalty greater than the threat of a penalty, in the exercise of the functions of public functions or assimilated worker, lawyer or associated with different vocational college or public professional association.



4-for the purposes of point (a)) of the preceding paragraph, shall be deemed to be crimes PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 102 dishonorable for the practice of the profession, in particular, the crimes of theft, robbery, fraud, computer fraud and in communications, extortion, embezzlement, recetação, infidelity, falsification, misrepresentation, fraud, insolvency, insolvency claims frustration negligent, favouring of creditors , issuance of bad checks, abuse of credit or guarantee card, misappropriation of public or cooperative sector, damaging administration in public sector economic unit or cooperative, usury, bribery, corruption, trafficking in influence, embezzlement, receiving of deposits or other repayable funds, unlawful practice of acts or operations inherent to the activity or insurer of pension funds , tax fraud or other crime, money laundering or tax crime provided for in the commercial companies code or in code of securities, as well as those referred to in subparagraph (i)) of article 55 of the code of public contracts. 5-checking one of the situations provided for in paragraph 3 does not affect the suitability of all those who have been rehabilitated, nor prevent the competent body to consider, so justified, that the conditions of suitability to pursue the professional activity, taking into account, inter alia, the time elapsed since the Commission of the facts. 6-the process of investigation of fraudulent for the practice of the profession is established in the same terms on which the disciplinary procedures are following their procedures, mutatis mutandis. 7-refusal or cancellation of registration for lack of fitness requires a qualified majority of two thirds of the votes of the members of the competent organ. 8-where the competent organ consider blacklisting situation exists for the exercise of professional activity, must justify in order based the reasons of fact and law on which it is based on the judgment of your marketing, communicating your decision to the General Council, for the purpose of updating the register of the associated list. 9-The final appeal decision, pursuant to the decisions on the PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 103


discipline. Article 107 Formalities of application for entry 1-the application for registration is instructed and presented to the respective professional advice, which can delegate this function in regional or local bodies. 2-the Council an opinion on the professional registration, and the General Council decision and the respective registration. 3-The decision to refuse registration appeal to the Board of Governors. 4-the general meeting approve the registration regulation and the respective fees, and even predict, in particular the documents to be submitted by the applicant, including mandatory written declaration, attesting that the fitness required for the exercise of a professional activity and that he is not in any of the situations referred to in paragraph 2 of the preceding article. Article 108 entry and duty of enforcement agent 1-the enforcement agent established in national territory can only start after: a) the structures and means minimum computer, defined by regulation approved by the General Assembly; (b)) the provision of solemn oath before the President of the Court of appeal and the representative of the professional advice of enforcement agents, in that it assumes the commitment to fulfill the duties of enforcement agent in accordance with the law and of this Statute. 2-the Act of self oath must be subscribed by empossantes and inducted.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 104 3-may be authorised the opening of secondary offices, in accordance with the set in regulation of the General Assembly. 4-the existence of secondary offices of enforcement agents and of the respective societies is subject to payment of an annual fee, in amounts corresponding to a unit of account, which is procedural CAAJ recipe. Article 109 issuance of diploma and professional card Made the inscription, are issued by the General Council, the degree and professional certificate, being the one signed by the Chairman and the President of the professional advice where the Member was entered. SECTION III Suspension of registration article 110 cause of suspension of registration 1-the inscription on the order is suspended when the associated: a) Is punished with disciplinary measure of suspension; b) is suspended pre-emptively in disciplinary proceedings; c) doesn't comply with, within the time allowed, the decision of the disciplinary process, as set out in the disciplinary regulation; d) do not pay their dues to the order, for a period exceeding 12 months and it is established, in disciplinary proceedings, that failure is manslaughter; and) apply for the suspension; f) Be declared judicially banned or disqualified.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 105 2-the suspension provided for in (a)) and (b)) of the preceding paragraph, applied to the associated enrolled in more than one vocational college, is communicated to the President of the professional advice of another vocational college, as well as to the competent disciplinary body, for the purpose of gauging the maintenance of professional integrity to the Office of that other professional activity. Article 111 Cases of cessation of membership suspension suspension ceases when: a) in the cases referred to in point (a)) of paragraph 1 of the preceding article, is accomplished the disciplinary measure of suspension; b) in the cases provided for in subparagraph (b)) of paragraph 1 of the preceding article, the Member is acquitted or convicted in disciplinary action that does not lead to the cancellation or suspension of registration; c) in the cases referred to in (c)) and d) of paragraph 1 of the preceding article, is fulfilled the decision or made the payment; d) in the cases provided for in subparagraph (e)) of paragraph 1 of the preceding article, are fulfilled the formalities laid down for the termination of the suspension on its own initiative, provided for in article 116; e) in the cases referred to in point (f)) of paragraph 1 of the preceding article, is judicially declared the end of prohibition or disqualification. Article 112 Suspension on its own initiative 1-the Member may claim, with reason, the suspension of your registration in each of the professional schools that is registered and in accordance with the terms and conditions contained in these bylaws.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 106 2-the Member must apply for the suspension of your registration in each of the professional schools that is registered and in accordance with the terms and conditions contained in these bylaws, so no longer fulfils any of the requirements of registration provided for in article 105. 3-If, as a result of the request for suspension, the member ceases to be registered in any of the colleges, the inscription in the order is automatically suspended and publicized in the list referred to in article 100. 4-associated shall requires your suspension ensure your transmission file, third-party values deposited in accounts-customers, of which it is depositary and of the processes that are managed for the benefit of another colleague, or society to express your acceptance. 5-in the case of the transmission be effected, and without prejudice to disciplinary responsibility that the case fits, the Member is subject to the payment of compensatory fees in order for the cost of the transfer services. 6-the General Assembly regulates the form of transmission referred to in paragraph 4 and the rates payable. Article 113 inhibition of the practice of the profession for members with the suspension of registration entry in professional colleges inhibits the exercise of their professional activity. Article 114 unsubscribing is cancelled the registration: a) death of the associated or, in the case of collective or person treated as such, your extinction;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 107 b) When applied to disciplinary action of definitive prohibition of professional activity; c) When the Member is deemed to be inidóneo to the exercise of a professional activity; d) at the request of the person concerned. Article 115 New inscription 1-without prejudice to the provisions of the following paragraph, who requires re-enrollment is required to fulfill the requirements required for access to the activity at the time of the new application, referred to in paragraphs 1 and 3 of article 105. 2-are not covered by the preceding paragraph the associated with that:) have your registration suspended for less than 10 years; (b)) have been considered fit in trainee less than 10 years, although not registered. 3-One wishing to re-enroll themselves must undergo an examination of evaluation about upgrading their knowledge and skills not required completion of internship, when, at the time period preceding the examination of the application, has not exercised re-enrollment to your activity for a continuous period exceeding: the) five years in the case of solicitor; b) Three years in the case of enforcement agent. 4-the examinations referred to in the preceding paragraph are regulated by the General Assembly, ear professional advice.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII Article 116 108 termination of suspension on its own initiative 1-Without prejudice to the provisions of the previous article, the suspension of registration ceases at the request of the person concerned, which is in the express statement that is not in a situation of incompatibility. 2-the Declaration referred to in the preceding paragraph shall not preclude the taking, by the order, of any other information or additional documents necessary to verify the declared. 3-the application for termination of suspension of registration on its own initiative is directed to the Chairman. 4-With the application shall pay the surcharge. Article 117 Apprehension of the ballot and the professional seals the order provides for the ballot to be seized and the professionals associated with that has been suspended or who have been canceled the enlistment, notifying you of your delivery within 15 days, under penalty, without prejudice to the proper judicial procedure, give publicity by the media judged and courts and other State services or of any public or private entities that the Member does not proceeded to deliver those documents and the facts that prompted the need for such seizure.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 109 CHAPTER III rights and duties section I General principles article 118 of the guarantees in General 1-the magistrates, the criminal police bodies and workers in public functions shall ensure solicitors and enforcement agents, when in practice, treatment compatible with the dignity and the right conditions to fully carry out its functions. 2-bailiffs and enforcement agents, in the exercise of the profession, are given preference in attendance and right to admission in judicial departments and other public services, in accordance with the law. Article 119 The Independence associated, in the performance of their duties, always keep and under any circumstances to your independence and should act free of any pressure, especially the work of its own interests or exterior influences, refraining from neglecting the professional ethics in order to please your customer, your colleagues, the Court, the exequentes, to run, to their representatives or third parties.



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Article 120 imposition of stamps, inventories and searches in offices 1-imposing stamps, sequestration, searches and other equivalent arrangements in solicitors or agents or in any other place where you keep your file, as well as the intercept and the recording of conversations or communications conducted via phone or email address, used by the members in the exercise of the profession listed in the registration of the order, may only be enacted and chaired by the competent judge. 2-With the necessary advance, the judge must summon to the steps referred to in the preceding paragraph the associated to them subject and the President of the regional Council, which may delegate to another Member of the Council. 3-the judge should call for the apprehension of the implementing agents processes CAAJ. 4-in the absence of the representative of the order and appearance of CAAJ or going on urgency incompatible with the process of the preceding paragraphs, the judge shall appoint any associated which can appear immediately, preferably from among those who have been part of the order or, when it is not possible, what is indicated by the associated to whom the premises or file belong. 5-The steps referred to in paragraphs 2 and 3 are allowed too, when you submit or judge the call, family members or employees of the associated party concerned. 6-until the appearance of a representative of the order can be taken the steps needed to if you don't disable or desencaminhem any roles or objects. 7-auto of diligence makes mention of the people present express any occurrences which took place in your course.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII Article 111 121 1 Integrity-the solicitor and the enforcement agent is essential to realization of tasks of public interest and the administration of Justice and, as such, must have a public and professional behavior appropriate to the dignity and the liability associated with the performing, punctual and scrupulously fulfilling the duties set out in these regulations and other legal provisions and regulations , the uses, customs and traditions require them to professionals. 2-General duties of professional conduct the compliance with the code of ethics and professional conduct, in particular ethics, honesty, probity, rectitude, loyalty, courtesy, punctuality and honesty. 3-the solicitor and the enforcement agent are obliged to act with zeal and diligence regarding all issues or processes that are entrusted to them and proceed with urbanity to colleagues, magistrates, lawyers and any workers. Article 122-1-clients Accounts amounts held by associated, or professional society of these, on behalf of their customers or third parties, that are assigned or to deal with expenses, must be deposited in account or accounts opened in your name credit institution or professional society that integrates and identified as client accounts. 2-the amounts deposited in accounts-customers do not constitute assets of the associate, being autonomous heritage clients accounts. 3-customer accounts are opened in any credit institution which perform protocol to this effect with the order and accept to submit statutory and regulatory standards on this matter.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 112 4-conditions of movement of client accounts, registration rules of movement and your liquidation are regulated in general terms by specialty and by the General Assembly and should be differentiated in the case of the associated with having more than one specialty. 5-the conta-cliente assumes a strict record of the movements made for each customer, and each process, being released this record to the client whenever it so requests. 6-in the context of disciplinary proceedings, the Member may be notified to submit the register of accounts-customers. 7-is established disciplinary procedure in case of lack of provision in any of the accounts-customers or if there is evidence of irregularities in their handling. 8-in the case referred to in the preceding paragraph, the competent disciplinary body shall determine the protective measures which it considers necessary, and may order the preventive suspension of the associated and designating another associated to take responsibility for the management of respective accounts-customers. Article 123 1-the professional liability associated with entry into force should celebrate and maintain professional liability insurance, having regard to the nature and extent of the risks inherent in your activity, for a capital of no less than amount to be fixed by the Council, subject to the general regime especially applicable to companies and to the provisions of article 38 of law No. 2/2013 , 10 January. 2-the professional liability insurance has to cover the professional responsibilities for the following minimum values: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 113 a) 100,000 euros in the case of solicitors; b) Of 100,000 euros in the case of enforcement agents or the corresponding to 50% of the value of the previous year's billing, case exceeds € 100 000; 3-professional societies with limited liability should celebrate and maintain professional liability insurance in the minimum amount of € 200 000, and may not be less than 50% of the value of the company's billing in the previous year, with a maximum limit of € 5 000000. 4-the solicitor or enforcement agent certifying that exercises your professional activity solely within the framework of a professional limited liability company with the insurance in force, in accordance with statutory, is not obliged to keep the insurance referred to in paragraph 1. 5-When the professional liability of the associated if found in the mere fault, the amount of compensation has as the corresponding to the fixed ceiling for insurance in paragraph 2. 6-in the rules approved by the General Assembly, the insurance costs referred to in this article may be borne, in whole or in part, in order, in relation to associated that have no debt of any kind to the order. SECTION II relations with third parties Article 124 duties to the community 1-the solicitor and the enforcement agent are obliged to strive for the proper application of the law, for the speedy administration of Justice and the improvement of the practice of the profession.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 114 2-in particular, constitute general duties associated with: a) Use of urbanity and education in relation to colleagues, magistrates, lawyers, workers and other persons or entities with whom they have business contact; b) Refuse the exercise of functions when you suspect seriously that the operation or legal act concerned is aimed at illegal and results that the person concerned intends to refrain from such activities; c) refuse to receive and manage monies which do not conform strictly to a matter that has been entrusted; d) Be rigorous in managing the values entrusted to or who runs in the performance of their duties; and) strive for payment of fees and other amounts owed to colleagues before him in the mandate or in the tasks assigned; f) No advertising outside the limits provided for in these bylaws; g) does not request nor raise customers by themselves or through an intermediary, without prejudice to the provisions of article 128; h) Use professional dress according to the respective regulations; I) refuse the acceptance of the process for which the record has been designated, unless by reason of impediment or suspicion; j) Have professional domicile communicating promptly to the General Council the your amendment, and the regulatory their essential characteristics in function of the professional activity carried out; k) Keep employees registered in the order forensic under regulation approved by the General Assembly;

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l) not to act against the law, do not use or illegal files or dilatory, or promote worthless or harmful endeavors for the correct application of the law, administration of Justice and discovery of truth; m) comply with the rules for setting fees, questioning the competent organs of the order as to the application of the same, whenever you have any questions about your application; n) Keep their knowledge up to date, inter alia, through the monitoring of legislative and regulatory changes. Article 125 duties to the obligations of the Order associated with to the order: a) prejudice the purposes and the prestige of the order and any of the professional activities covered by the order; b) observe the provisions of the code of ethics of the order; c) Collaborate in the pursuit of the tasks of the order; d) exercise positions to who has been elected or appointed and carry out the mandates entrusted to it; and Declare Registration Act), for the purpose of verification of incompatibility, any Office or professional activity engaged in and that can constitute a mismatch in terms of this Statute; f) Require, within 30 days, suspending the registration in order when occur incidental mismatch; g) Inform the order of occurrence of any circumstances indicating lack of trustworthiness required for the performance of their duties;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 116 h) Pay promptly the quotas, the fees payable for the provision of services by the order and other amounts, namely, those arising from the application of fines or penalties, as a result of the order, which are set out in these regulations or in other legal provisions and regulations; I) Drive with the stage of commitment associated with interns that is patron. Article 126 Rights before the order the Member is entitled to: a) Require the intervention of organs of the order in the defence of their rights and professional interests; b) Require the calling of general meetings pursuant to this Statute and in them to intervene; c) Elect the organs of the order and be elected to these bodies of the order, subject to the inelegibilidades established in the law and in these bylaws, and be appointed to committees; d) submit proposals and formulate queries study conferences and debate on any issues that interested the order assignments; and, at the time) to examine because the accounts of the order; f) Claim, before the General Council, the professional councils, or the respective regional councils and still with the district offices, damaging acts of their rights.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII article 127 117 professional secrecy 1-without prejudice to the specific rules of professional secrecy of each professional activity, members are required to keep on reserve any matters that are entrusted to them, in particular, documents or any other issues of which they have knowledge within the framework of negotiations between the parties concerned. 2-the provisions of the preceding paragraph shall not apply to cases in which the service is intended to prove or to make sure a particular fact situation. Article 128 information and publicity 1-advertising of the Associates is purely informative, and written support. 2-the Member may disclose your professional activity objectively, true and worthy, in strict respect of the deontological duty of professional secrecy and legal rules on advertising and competition. 3-means, in particular, by objective information: a) the academic curriculum, personal identification, and associated professional or solicitors or enforcement agents and their collaborators; b) the name, the logo or any other distinctive sign of the Office or of society; c) an indication of the carrying on of professional activities or areas of legal matters preferred exercise; d) the offices exercised in the order; e) business hours to the public; f) languages are spoken or written;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 118 g) the indication of the respective official site on the Internet; h) placing on the outside of the Office or of society, of a plaque or identifying sign of your existence. 4-include lawful acts of publicity: a) the use of cards in which sign up objective information; b) the publication of advertisements in newspapers and telephone directories, faxes or analogous; c) presentation of services in Internet Web site within the applicable regulatory standards; d) the condition of solicitor or of enforcement agent in yearbooks, national or foreign professionals; and in forums or intervention) colloquia; f) the publication of brochures or written and periodical articles, circulars on issues related to the profession in the press, and could sign with the associated condition of your respective professional activity and professional organization that integrates; g) the mention of business professionals who integrate the professional curriculum of the associated and in which it has intervened, but may not be the name of the customer, except as authorized by this; h) reference, direct or indirect, to any public office, private or employment relationship that has exercised; I) mention of the composition and structure of the Office or of the company which integrates; j) the inclusion of photographs, illustrations and logos adopted;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 119 k) the use of marks of ownership of the order, in accordance with regulations adopted by the General Assembly; l) an indication of the quality of judicial administrator or Secretary of the Corporation; m) A statement of the acts for whose practice is competent; n) the mention of the professional liability insurance and their maximum amount of coverage. 5-Are unlawful acts of publicity: the persuasive content placement), of autoengrandecimento and ideological comparison; b) the promise or induction of producing results; (c)) the provision of misleading information or misleading; d) mention the academic title or course that is not certified. 6-the provisions of the preceding paragraphs shall apply to the exercise of any of the professional activities, whether carried out individually or in society, and the General Assembly, by regulation, the advertising standards provided for in these bylaws. Article 129 acceptance of service and competence 1-the associated cannot accept the provision of professional services to such has not been freely requested or mandated by the client or by a representative of this or if it has not been designated for this purpose by legally competent entity.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII-120 2 the Member does not accept the provision of any services if it knows or should know that it does not have competence, availability or resources needed to address the matter promptly or the process in question, and the monitor effectively, unless acting in partnership with competence , availability and resources necessary for this purpose. Reciprocal Duties article 130 of 1-professional solidarity requires a relationship of trust and cooperation between the partners for the benefit of customers, in accordance with the law, and in order to avoid useless disputes, reconciling as far as possible, the interests of the profession with the justice or of those who seek it. 2-obligations of the Associates, in their reciprocal relations: the largest correction) proceed and urbanity, refraining from any personal attack, depressing or critical desprimorosa allusion, of form or substance; b) Respond in reasonable time to requests oral or written; c) not issue publicly opinion on question to know be entrusted to another associate, except in the presence of this or with your prior agreement; d) Acting with the utmost loyalty, seeking to obtain illegitimate advantage or for your client being misspent; and Don't sign professional writings) that are not of your authorship or that has not cooperated; f) Communicate in good time the impossibility to attend at any stage to the other members that it should intervene.

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3-the associated who intended to commit subject previously entrusted to another associate should not start your acting without first strive of this be paid the fees and other amounts that may be due, and exposed to the colleague, orally or in writing, the reasons for the acceptance of service, as well as give her account of the efforts that have developed for that purpose. Article 131 public discussion of professional issues 1-the Member should not speak publicly about professional issues pending, unless prior written permission of the Chairman, which can be requested whenever the exercise of the right of reply is justified in order to prevent or to remedy offence to dignity, rights or legitimate interests of the customer, of the parties or of their own. 2-the application for authorisation should be justified with statement of the issues to be addressed, and must be decided within three working days under penalty of tacitly granted. 3-In case of manifest urgency the Member may exercise that right narrowly and contained, informing the Chairman of the respective motivation within five working days. SECTION III general rules about the internship Article 132 1-Organization the stages are organized by the General Council which should be internship coordination committees for each of the specialties in which integrate representatives of the respective professional councils. 2-General Assembly shall approve the regulations.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 122 3-stage regulations: a) Predict the rules of selection, recruitment, appointment and substitution of patrons as well as define any remuneration due to them; b) define the registration form and the formal terms that should be of the agreements that the interns celebrate with other members, to complement the respective training in stage; c) may provide exemption from the stage or frequency of examination of training legal professionals of recognized merit that have provided public evidence in the exercise of other functions, through evaluation, including tests, knowledge and Ethics regulations. 4-stage regulations are subject to Government approval in accordance with law No. 2/2013, January 10. Article 133 rights and duties of patrons and patrons 1 coordinators-the patron Coordinator accompanies the whole internship period, being mainly responsible for the guidance and direction of the trainee's professional practice. 2-The patrons coordinators are selected in the order laid down in subparagraph (a)) of paragraph 3 of the preceding article. 3-the patron Coordinator has the following rights: to) be compensated for expenses that make when order you have presence at meetings or training actions related to the stage; b) to be informed by the services of the order on the level of benefits of your trainee, since is not concerned the breaking of any rules of confidentiality.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 123 4-the patron is linked to compliance with the following duties: a) Advise, guide and inform the trainee during your entire training period; b) comply with the legal formalities related to the completion of the internship. c) allow the trainee solicitor access to its facilities and the use of these; d) allow the trainee solicitor has access to acts and parts and ensure that this follow steps either in the courts, either in other public services. 5-can only accept stage direction, as patron, the solicitor or agent of execution with a minimum of five years of registration valid in the respective professional college, without having undergone disciplinary penalties higher than the fine. 6-the patron can ask excuse, since substantiated written request within 10 days of the date on which it is communicated the appointment. Article 134. Rights and duties of the intern-1 Are associated rights interns: a) practicing acts of your competence under the guidance of the patron; b) Watch the acts and procedures and consult the respective processes. 2-Are the duties associated with interns: a) Keep respect and loyalty to the patron, preserving your professional relationships raising customers not to you or to any third party; b) ensure confidentiality about the working methods, with respect for the Office or hierarchical structure of society;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 124 c) observe the rules for use of the facilities of the patron or other facilities where arising from acts of stage; d) submit stage plans that are defined by the patron or the professional society in which the Insert; e) collaborate with the patron and the other members of the professional society in that it enter, as well as perform the work assigned are determined, as long as they are compatible with the activity of the stage; f) Collaborate with commitment, zeal and competence in all activities, jobs and training actions to come to attend under the internship programs; g) not take during the probationary period that functions, by applicable law or regulation, are exclusive of solicitors or agents; h) communicate to the Internship Coordinator structure any fact that can condition or limit the full compliance with the statutory and regulatory standards inherent to the stage; I) comply fully all other legal obligations, ethical rules and regulations in the course of professional activity. 3-The associated interns are still linked to duties and of professional secrecy, in the same terms that apply to your patrons. 4-the order ensures the trainees whose training course is taught by the Coordinator patron access to legal documents, as well as decent conditions for your analysis. Article 135 the trainee at the time of registration, the trainee shall submit proof of subscription to the group insurance policy provided by the order, or hired by you, concerning: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 125 a) personal accident insurance to cover the risks that may occur during or because of the stage; b) professional liability insurance cover during the stage and while the respective registration remains active, the risks inherent in the performance of duties while assigned to a trainee solicitor, as established in the respective policy, renewing it as needed until your conclusion. Article 136 professional training promoted by the public employment service 1-the professional training of the order not to be confused with the professional training course sponsored by the public employment service. 2-Notwithstanding the previous paragraph, the order can decide forms of recognition or equivalence of training courses promoted by the public employment service. CHAPTER IV of the Solicitors section I Office of solicitor 137 Exclusivity of solicitor 1-in addition to the lawyers, only solicitors with entry into force in order and similar professionals to solicitors under the freedom to provide services, can, throughout the national territory and to any jurisdiction, instance, authority or public or private entity practice acts of occupation, namely to exercise the judicial mandate, pursuant to law, in profession.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII-126 2 are considered themselves the acts defined in law No. 49/2004, 24 August. Article 138 the registration Requirements of nationals of other States 1-The professional titles are awarded to nationals of Member States of the European Union or the European economic area or third countries whose qualifications were obtained outside of Portugal with the recognition of those qualifications, in accordance with this Statute, law No. 2/2013, of 10 January, and of law No. 9/2009 , March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2. 2-the professional wishing to enroll in the order pursuant to the preceding paragraph and providing services, of sub-ordinate or or as a partner or to act as the Manager or administrator in the Member State of origin, in the context of associative organization of professionals, must identify the organization concerned in the application pursuant to article 47 of law No. 9/2009 , March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2. 3-If the fact that reporting in accordance with the preceding paragraph occur after submission of the application for recognition of qualifications, the associative organization concerned must be identified before the order within 60 days. Article 139 freedom to provide services 1-the professionals legally established in another Member State of the European Union or the European economic area who develop functions comparable to those of requester may exercise them, occasionally and sporadic, in national territory, under the freedom to provide services, in accordance with the law No. 9/2009, on March 4, as amended by laws Nos. 41/2012 , 28 August, and 25/2014, may 2.

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Draft law No. 308/XII 127 2-professional service, subordinate or autonomous form or as a partner or to act as the Manager or administrator in the Member State of origin, in the context of associative organization of professionals and intend to pursue your professional activity in national territory as such, under the freedom to provide services, must identify before the order the associative organization on the which provides services in the statement referred to in article 5 of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2. 3-Notwithstanding the provisions of paragraph 2 of article 3 of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, of May 2, referred to in the preceding paragraphs shall be subject, as regards the practice of the profession in national territory: a) the rules on advertising and solicitation of clients; b) incompatibilities, impediments and rules on conflict of interest and suspicions; c) the rules of professional secrecy; d) To ethical rules in General; and the rules of procedure) and process applicable to them, including article 84; f) to indicate a domicile, or another professional, on national territory, for receiving quotes and notifications, except in cases in which accept service by fax or electronic information system; g) the rules referred to in articles 149 to 154. 4-the professionals referred to in the preceding paragraphs are treated as Solicitors for all legal purposes, except when otherwise result from the provisions concerned.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII Article 128 140 e-commerce professionals legally established in a Member State of the European Union or the European economic area who develop functions comparable to those of requester may exercise them, through e-commerce, to the national territory, subject to the provisions of which is Decree-Law No. 7/2004, 7 January , as amended by Decree-Law No. 62/2009, of 10 March, and by law No. 46/2012, of 29 August, and subjection to rules of procedure and process applicable to them, including the provisions of article 84. Article 141 contract of employment the employment contract concluded with the solicitor cannot affect their duties and deontological your disclaimer and technical autonomy vis-à-vis the employer. Article 142 professional secrecy of solicitor 1-Without prejudice to article 127, a solicitor, professional secrecy covers: a) the facts that you have had knowledge by virtue of position held in the order; (b)) the facts regarding professional issues reported by colleague with whom he is associated or which pay collaboration. 2-the obligation of professional secrecy remains even if the service requested or committed to involve judicial or extrajudicial representation, whether or not remunerated or not has come to be accepted.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 129 3-the preceding paragraph covers all associates that, directly or indirectly, have any intervention in service. 4-professional secrecy covers still documents or other things that relate, directly or indirectly, with the facts subject to secrecy. 5-the professional secrecy includes the prohibition of public discussion or for comments on any pending litigation. 6-the Member may reveal facts covered by professional secrecy, provided that this is absolutely necessary for the defense of the dignity, rights and legitimate interests of the Member or the client himself or his representatives, by permission of the Chairman, which appeal to the Board of Governors. 7-the acts performed by the associated in violation of professional secrecy cannot provide evidence in court. 8-even if it is dismissed, pursuant to the provisions of paragraph 6, the Member may keep professional secrecy. 9-the duty of keeping secrecy apply to all persons who collaborate with the associate in the course of your professional activity, with making provision referred to in paragraph 7. 10-the associated should require the persons referred to in the preceding paragraph the line of duty there laid down in time before the opening of the mentioned collaboration. Article 143 Seizure of documents 1-cannot be seized the match, whatever the media used, respecting the exercise of the profession. 2-the ban extends to the correspondence between the solicitor and the one that you have committed or intended to commit or mandate there is requested opinion, even if this has not yet been given, or has been refused your provision.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 130 3-Understand-if the instructions and written information on the subject of the appointment or mandate or opinion requested. 4-Except the case of correspondence respecting the fact that criminal, for which the solicitor has been constituted defendant. Article 144 1 conflict of interest-the solicitor must refuse the provision of services in a matter in which you have already intervened in any other quality that is connected to another in that represents or has represented, the opposing party. 2-the solicitor must refuse the provision of services against who, in another pending cause, service. 3-the solicitor cannot advise, represent or act on behalf of two or more clients in the same subject or related subject, if there is a conflict of interest between those clients. 4-If a conflict of interest arise between two or more clients, as well as if there is risk of violation of professional secrecy or decreased your independence, the requestor must stop acting on behalf of all clients, within this conflict. 5-the solicitor must refrain from accepting a new client if this endangers the fulfilment of the duty to keep professional secrecy with regard to matters of a former client or if the knowledge of these subjects result illegitimate or unwarranted advantages to the new client. 6-where the solicitor engaged to your membership activity, in the form of company or other, the conflict of interests is extensive and also parsed in function of the associates.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 131 145 Other duties in relation with clients 1-customer relations, are duties of solicitor: give your conscientious opinion) about the merit of the claim of the customer, as well as provide, whenever so required, information on the progress of the issues assigned to it on the criteria it uses in their fees, indicating, where possible, your approximate total amount, and even about the possibility and the way to get legal assistance; b) Study carefully and deal with the question of zeal which is tasked with all the features of your experience, knowledge and activity; c) Advise the whole composition to find fair and equitable; d) not to celebrate, to your advantage, contracts on the object of the issues entrusted to it; and, for no reason) is not justified, the provision of services in which they are committed. 2-Although there is a justified reason for the termination of the provision of services, the requester should not do so in such a way as to make it impossible for the client to obtain timely assistance from another solicitor. Article 146 1 client documents and values-the solicitor shall give the application due to values, objects and documents which have been entrusted, as well as accountable to the client for all values of this that, whatever your origin, and make note of fees and expenses, as soon as such a request.

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2-When ceases the representation, the requestor must refund to the client the values, objects or documents of this in your power. 3-the solicitor, the fees and expenses, enjoys the right of retention on the values, objects or documents referred to in the preceding paragraph, to guarantee the payment of fees and reimbursement of expenses which are payable by the customer, unless the values, objects or documents are needed to prove the right or your client retention leads to this irreparable damage. 4-Should, however, the solicitor repay such values and objects, regardless of the payment who is entitled, if the customer has provided security arbitrated for professional advice. 5-Can the professional advice, prior to payment and the request of the solicitor or client, have it delivered this any objects and values when those remaining in power of the solicitor are clearly sufficient to ensure the payment of the claim. 147-1 solicitors Client Accounts-the record of movements of accounts-solicitor client is effected according to the rules of the respective regulation and may be performed using computer support available for order via protocol that the associated subscribe. 2-the solicitor cannot use the amounts which have been supplied by the customer or by third parties for payment of their fees, unless you have written instructions to that effect. Article 148-1 client accounts Settlement-the liquidation of the solicitor conta-cliente when: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/133 XII a) died or been declared incapable or prohibited; (b)) has been suspended for more than six months, denied or canceled definitely subscription disciplinary decision; c) Has required the suspension or cancellation of the functions in the vocational college. 2-the settlement of accounts-corporate clients when they have been dissolved for any reason. 3-the settlement consists of the establishment of the amounts owed to customers or third parties that they have the right, through information and the collation of existing documents, respecting the principles of adversarial. 4-the liquidation is performed by solicitor or professional society to be selected candidate list for professional advice. 5-the liquidator appointed receives all the cooperation of credit institutions and the solicitor prevented or their heirs or legal representatives, and delivered the records of customers accounts payable. 6-after the settlement, the values calculated are paid by the Bank, to whom these are entitled by birth certificate signed by the liquidator and the Chairman. 7 after the settlement whether there are missing values, are removed for disciplinary and criminal effects certificates and made payments to those who are entitled by apportionment in proportion to the value of the credits. 8-the cost of liquidation is associated with which gave cause.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 134 Article 149 1 Provisions-the solicitor may require the customer to deliver supplies on account of fees or for payment of expenses, such provisions should not exceed a reasonable estimate of the likely fees and expenses. 2-Not being delivered the requested provision, the petitioner can renounce the deal with it or refuse to accept it. 3-the solicitor may be liable for the payment of fees, charges or any other charges that have been provisioned for such purpose by the customer and is not required to have received provisions for fees, since the affectation of these fees has been authorized in accordance with paragraph 2 of rule 147. Article 150 1-Fees the fees the requester must match a proper economic compensation for services actually rendered and must be paid in cash, and may take the form of retribution. 2-in the absence of prior Convention reduced to writing, the requestor presents the respective customer account fees with breakdown of services rendered. 3-in the setting of fees should the solicitor meet the importance of services provided to the client, the difficulty and urgency of the matter, the degree of intellectual creativity of your delivery, the result obtained, the time spent, the responsibilities assumed by him and the costs have to be incurred for the provision of the requested service, as well as other professional uses.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII-135 4 acts founded in professional uses can be mirrored in scale. SECTION II rights and duties of solicitor article 151 human rights solicitor 1-solicitors may, in the exercise of your profession, require, in writing or orally, in any Court of law or public service, the examination of processes, books or documents which have not reserved or secret character, as well as the passage of birth certificates, no need to display proxy. 2-the examination or refusal of the certificate referred to in the preceding paragraph must be justified immediately and in writing. 3-bailiffs have the right to communicate personally and privately with their clients, even when they are detained or imprisoned. Article 152 the trial Hearings In trial hearings, the solicitors have countertop. Article 153 requester's specific Duties without prejudice to the other obligations set out in this Statute, other legal and regulatory provisions, and the habits and customs of the profession, solicitors complies with: a) Check the client's identity and of the representatives of the same, as well as the powers of representation granted to the latter; b) Refuse the mandate or the unofficial appointment to cause to be connected with another in which they represent or have represented the opposing party;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 136 c) No contact or relations with the opposing party or against-interested, when represented by solicitor or barrister, unless these are previously authorized; d) provide the information requested by the party to them, on the status of the efforts that have been committed, and report them promptly to their implementation or to your frustration, with indication of their causes; and) use the professional dress when pleiteiem orally; f) Use the authentication seal in recognition of signing, in translations, translation certification, certification of photocopies and document authentication. SECTION III disciplinary Infractions Article 154 disciplinary Infractions 1-solicitor's disciplinary infraction Constitutes the solicitor the violation, by action or omission, of the specific duties of the solicitor, the duties provided for in the general part, relating to members of the order, as well as other legal provisions and regulations. 2-the professionals carrying out notary Department in the national territory under the freedom to provide services pursuant to article 139, the Solicitors, solicitors and firms of enforcement agents and the associations of solicitors referred to in article 96 are also liable to disciplinary liability, to the extent that the duties referred to in the preceding paragraph are applicable to them.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 137 SECTION IV the Solicitors guarantee fund Article 155 1 solicitors guarantee fund-the General Assembly may, by a joint proposal of the General Council and the College of solicitors, affecting part of the revenue arising from its activity to the creation of a guarantee fund, designed to answer for the obligations assumed in the management of customer accounts of solicitors and solicitors files management cease involuntarily your functions. 2-the regulations of the Fund referred to in the preceding paragraph it is up to the general meeting, having heard the advice of professional solicitors. Section V stage for Article 156 1 Stage requestor-the training course aims to provide knowledge of the trainee solicitor acts and most usual terms of forensic practice and the rights and duties of solicitors. 2-the duration of the internship is 12 to 18 months from the date of application for registration including training and assessment phases and starts once a year, on a date to be determined by the General Council. 3-the internship is intended to deepen the knowledge and technical and professional ethics needed to exercise the profession and to the use of these in the relationship between the departments of Justice and administration and their constituents.

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4-the second training period the trainee solicitor, in the exercise of acquired knowledge, be able to exercise the powers are defined in these bylaws under the supervision of your patron or associate has assumed this responsibility in accordance with the provisions of subparagraph (b)) of paragraph 3 of article 132. Article 157 1-stage services the internship Coordination Commission can create, regional councils or district delegations, internship centers and training services in which may delegate the statement and the processing of the registration processes of the trainee solicitors. 2-stage centres and probation services consist of solicitors and can still be integrated by other professionals appointed by the Commission for the coordination of training. Article 158 Inscription in stage 1-may require the inscription on the stage: a) the holders of one of the qualifications referred to in paragraph 1) Article 105 who are not enrolled in another professional order; b) nationals of another Member State of the European Union or the European economic area who are holders of qualifications legally required for access to the stage with a view to the exercise of a profession considered in the respective country of origin. 2-the trainee must be accompanied identification card of that quality, issued in accordance with rules and model defined in the regulation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII-139 3 Can still perform in the special stage, professionals from other Member States who wish to establish, as a measure of compensation, in accordance with article 11 of law No. 9/2009, of March 4, amended by law No. 41/s 2012, 28 August, and 25/2014 , may 2. Article 159 First probationary period the probationary regulation can determine the requirement of trainee solicitors and work reports on the themes developed in the first stage, showing the knowledge gained, which should be taken into account in your evaluation as integral elements of the final exam. Article 160 Second probationary period in the second period of internship, the candidate can exercise all the functions allowed by law to employees, promote quotes under the guidance of your patron, support services to the Office or to the society that has your activity and follow the patron in all démarches in the courts or in other State services. Article 161-suspension arrangements and termination of 1 stage-the stage can be suspended by reasoned application addressed to the Chairman. 2-the stage is, obligatorily, restarted in probationary period immediately following, returning on the same stage at which it was suspended. 3-If the stage referred to in the preceding paragraph, may apply other rules for admission and frequency, the trainee can only restart it to ensure the your compliance in accordance with that will be determined by resolution of the General Council.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 140 4-stage ever lose any validity if the resumption request is not made for the next stage. Chapter V of the executing agents section I Exercise of the activity and Article 162 stage Definition and exercise of the activity of enforcement agent 1-the enforcement agent is the auxiliary of Justice that, in pursuit of the public interest, exercises powers of public authority in the performance of due diligence that performs the processes of implementation, in the notifications, in quotes, in seizures , in sales and in publications in the context of judicial proceedings, or in acts of a similar nature which, although it does not have judicial nature, these can be assimilated or be of the same supporting. 2-The specific competence of enforcement agent and the other functions assigned to it are carried out in accordance with this Statute and the law. 3-the enforcement agent, although appointed by a party to proceedings, is not representative of this neither represents. Article 163 run agent stage 1-the training course aims to provide the enforcement agent trainee knowledge of acts and most usual terms of enforcement agent's own acts as well as their rights and duties. 2-the duration of the stage of enforcement agent is 18 months from the date of application for registration, including the phases of training and assessment.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 141 3-stage is carried out in accordance with the provisions of this Statute and regulation. 4-may require the inscription in law degree holders or solicitor. 5-the trainee must be accompanied identification card of that quality, issued in accordance with rules and model defined in the regulation. 6-the frequency and the number of slots for access to run agent stage shall be determined by the General Council, having regard to the need of enforcement agents for the efficient functioning of the justice system, listen to professional advice and CAAJ. 7-the final stage for implementing agent deals with the Executive process and about the actions of specific competence of the enforcement agent, the preparation of the examination, the definition of the criteria for evaluation, and the evaluation carried out by external and independent entity, selected by a jury composed of one representative appointed by the Chairman, by a delegate appointed by the professional advice of enforcement agents and by a representative of CAAJ. 8-Order shall ensure the payment of the services of external entity referred to in the preceding paragraph by charging a registration fee and exam which is fixed in each examination by the jury. 9-During the practical part of the training course and under the guidance of the patron, the enforcement agent intern may perform acts of executive nature in processes of lower value to the purview of the judicial courts of first instance, as well as those who expressly delegated by the patron. 10-for the sole purpose of evaluating the trainee can the authority referred to in paragraph 7 of Executive processes access data in which the enforcement agent trainee had intervention, though thanks to the same duty of confidentiality which the enforcement agent.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII-142 11 foreign and independent entity referred to in paragraph 7 may not: a) be designated for more than three consecutive probation periods; b) courses or join the courses of preparation for the final exam, during the period in which it is designated under paragraph 7. 12-the stage of enforcement agent applies the system of suspension and termination of the training course referred to in article 161. Article 164 rights and duties of patrons and trainees 1-in addition to the rights and duties provided for in article 133, the patron is still linked to the fulfilment of the following duties: a) Trust the enforcement agent trainee to practice acts of executive nature, until the value of the jurisdiction of the first instance, for processing under your guidance, as well as the promotion of citations in the declarative nature of the responsibility that , always under your purview and direction; b) allow the enforcement agent trainee has access to acts and forensic parts by the patron and to assist the efforts related to the duties of enforcement agent; c) Consenting to affix the signature of the enforcement agent trainee along with the patron, in all work for that. 2-the enforcement agent trainee has the duty to register all acts that practice, in the context of court proceedings, on the computer system to support the activities of enforcement agents.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 143 SECTION II Incompatibilities, impediments and Article 165 designation limits 1-Incompatibilities in addition to article 102, is incompatible with the duties of enforcement agent: a) the Office of the court order; b) the exercise of judicial administrator activity; c) the development of any other activities which may constitute a mismatch in terms of this Statute. 2-the functions of enforcement agent cannot be carried out under the contract of employment, except when the employer is: a) An enforcement agent; (b)) A professional society of enforcement agents. 3-in the situation provided for in paragraph 1 the enforcement agent with a contract of employment cannot be assigned to processes, but not blocked from certain specific acts by the employer. 4-incompatibilities that is subject to the enforcement agent extend solicitors, lawyers and other employees who share facilities, or have professional society. 5-the enforcement agent who performs functions under contract should inform any persons or entities with which it relates about the ID of your employer, which is responsible for their actions.

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Article 166 Impediments and suspicions-1 shall apply to the enforcement agent, with any necessary adaptations, the regime established in the code of Civil procedure regarding impediments and suspicions of the judges. 2-in addition to the provisions of article 103, also constitute impediments to the enforcement agent: a) the performance of duties of enforcement agent when participated in obtaining the title that serves as the basis for the implementation, unless this has been obtained as Act of enforcement agent; b) the judicial or extrajudicial representation of any of the parties that took place in the past two years. 3-The impediments to that subject the enforcement agent extends the respective partners, agents and professionals who share the same structure, deriving from the activity of these also. 4-the designated enforcement agent is considered prohibitive condition prevented irrespective of whether it is found in yourself or any other person with whom to share facilities. 5-can only exercise the judicial mandate on behalf of party intervener in the implementation process in which has assumed the duties of enforcement agent who has ceased such functions, at least, three years ago.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII Article 145 167 Limits of designation for new processes 1-CAAJ may, until June 15 of each year, the maximum number and species of processes for which the enforcement agents or companies who integrate can be assigned to any title, after having heard the professional advice of the enforcement agents. 2-The enforcement agents may require courts, to professional advice of enforcement agents, suspension of your designation for new processes, for a certain period, or the monthly limit on the number of processes to which they are assigned to any title. 3-the request mentioned in the preceding paragraph is submitted to the Council by professional electronics, which must decide, under penalty of tacit acceptance, within 30 days. 4-handed down the suspension, is the same on the list referred to in article 100. SECTION III duties of enforcement agent Article 168 duties of enforcement agents 1-in addition to the duties of an associate, and without prejudice to the provisions of the following articles, are duties of enforcement agents: a) Practice diligently the procedural acts of which they are responsible, in accordance with the law and regulations applicable; b) Provide to the Court, the parties and the third parties the information determined in accordance with the law or the regulations applicable;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 146 c) accountability of activities executed, delivering promptly amounts, objects or documents that they are holding because of your role as enforcement agents; d) does not engage in or permit the exercise, in your Office or company, of forensic activities or which are inconsistent with the activity of enforcement agent, in accordance with this Statute; and present professional ballot) exercise of your activity; f) Regardless of the amount of annual revenue, have organised accounting in accordance with tax law, without prejudice to the rules laid down in the regulations of the accounts-customers; g) strive to promote your processes for replacement has been designated when justification occurs that prevents normal conduction; h) did not accept the designation for new processes, require the suspension of designation or a limitation on the number of processes is designated when you don't have the necessary resources for the effective your monitoring; I) Keep updated information on the status of each process on the computer system to support the activities of enforcement agents; j) participate in disciplinary proceedings of the enforcement agent to whom they have delegated to practice certain acts when not performed in a timely manner, by your replacement after the expiry of the term for the practice of those; k) Pay in due time the fees and other amounts payable to order and to CAAJ; l) Pay the expenses corresponding to the payment of your Office processes; m) Provide all the cooperation necessary for the performance of tasks of CAAJ;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 147 n) Use the authentication seal, under the judicial process, the issuance of certificates, citations, in separate notifications and on the record of attachment, with the exception of Teleservices, issued. 2-are even duties of enforcement agents meet the legal and regulatory rules applicable, in particular those relating to: the Registration of acts and) financial movements and accounts; b) use of media and electronic signature in relations with other public and private entities, in particular with the courts; c) Use electronic address; d) structures and electronic means; and Registration with the Order), the assets of which are faithful depositary, pursuant to Ordinance of the Member of Government responsible for the area of Justice; f) file of documents relating to executions or other acts performed by themselves; g) registration, by via electronics, by the order of the processes that intervene as part. 3-the enforcement agent is not subject to duty of professional secrecy with regard to procedural acts effectively practised, being however prevented from revealing: a) outside the performance of their duties, the identification of actors or the proceedings; (b)) the data has access through the means that are available to you for purposes other than those provided for in the procedural law; c) the content of negotiations aimed at brokering an agreement when previously expressed and communicate to stakeholders confidentiality of these.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 148 4-lack of submission of proof of professional liability insurance to the immediate suspension of CAAJ entails the designation of agent for new processes. Article 169 1-information duties of the enforcement agent and, when integrated in society, also, must make the CAAJ, annually, and in any case, whenever it is required, documentation demonstrating regularity of contributory status vis-à-vis the tax administration and social security, as well as the responsibilities of credit issued by the Bank of Portugal. 2-the enforcement agent, or that integrate, must still send the CAAJ, until May 31, by reference to the previous year, the annual accounts certified by certified accountant or auditor, where there is, plus statement of this about the solvency of the enforcement agent and the ability to ensure payment of the amounts entrusted to it during the fiscal years. 3-When the report referred to in the preceding paragraph contains reservations, the CAAJ can set a deadline for settlement of the reservations indicated. 4-Notwithstanding the disciplinary action that can be, as well as the application of other measures of precautionary nature, failure to comply with the duties of unjustified information referred to in the preceding paragraphs, for a period exceeding 30 days, can determine the suspension of designation for new processes to be issued the Declaration stating compliance with CAAJ duty violated. Article 170 training 1-The enforcement agents must meet the mandatory continuous training plan, defined by regulation to be adopted by the General Assembly.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 149 2-the regulation referred to in the preceding paragraph shall provide: a) the allocation of credits for every training action; (b)) the minimum number of credits that the enforcement agent must obtain within two years; c) the qualification examination of Scouting knowledge when the enforcement agent didn't get the minimum number of credits, referred to in the preceding sub-paragraph; d) the possibility of making new knockout, examination after six months after the examination referred to in the preceding paragraph, and may be the suspension of designation for new processes if the enforcement agent keep a negative rating; e) unsubscribe by order, determined by CAAJ, after two years without the approval of the examination referred to in the preceding paragraph. 3-forensic employees and other workers and contractors of enforcement agent are also subject to the fulfilment of a training plan, compulsory initial and continuing to check and ensure the acquisition and the permanent updating of knowledge required for the performance of their duties and to correct law enforcement. 4-the training plan referred to in the preceding paragraph is defined by regulation to be adopted by the General Assembly, and should it provide for the possibility of de-registration of forensic employee with the order when this show does not have the expertise required for the performance of their duties and to correct law enforcement.

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Article 171 Accounts-customers of the enforcement agent 1-The enforcement agents are subject to the applicable legal and regulatory provisions relating to customer accounts, in particular those provided for in articles 147 and 148, with any necessary adaptations and the specifics given in the following paragraphs. 2-the enforcement agent must have at least two accounts-customers to your order, with mention of the fact that it is a conta-clientes of the exequentes and the other with the mention of a conta-clientes of the run, in which mandatory deposit:) in the accounts of clients-exequentes, all amounts intended for the rates, charges and fees; (b)) in the accounts-customers of the executed, all amounts received and intended for the payment of adequate amount and other charges with the process. 3-it is compulsory to computerised record all movements of accounts-customers of the enforcement agent operated in each process, and should be subject to other rules and procedures defined in regulatory terms as referred to in paragraph 1. 4-the computer record of the movements of accounts-customers of the enforcement agent operated in each process is made available to the parties, preferably by via electronics. 5-if they are credited interest, resulting from the deposit of amounts in the accounts-customers of the enforcement agent, these should be delivered, proportionately, to whom they are entitled, since greater than 1/20 of a procedural account unit (UC), the rest being accumulated value transferred annually to the guarantee fund of the enforcement agents.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 151 6-documentary and computer holders of accounts-customers must be provided by the credit institution and by enforcement agents, CAAJ. 7-the enforcement agent shall keep accounts-customers for services that do not derive from that your quality. 8-the movements of accounts-customers are carried out or authorized by computer application approved by the General Council. 9-The debit and credit entries are as set out in order of the Member of Government responsible for the area of Justice. 10-When there is no place to liquidation of the independent heritage constituted by the conta-cliente, the credit balance will be calculated: a) Of conta-cliente to run, is intended to broaden the funding provided by the guarantee fund for payments of amounts due by the enforcement agent; b) Of conta-cliente of exequentes, in case there are no debts on conta-cliente to run, is intended to the enforcement agent or his heirs, after being paid the costs of the settlement and the taxes and duties due. 11-accounts-customers formed before May 1, 2012 must be reconciled under the regulation to be adopted by the General Assembly. 12-conciliation means the Association of all the moves on credit and debt that should take place in the respective accounts to their procedural moves.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 152 article 172 lack of provision or irregularities in the accounts-customers 1-Constitutes grounds for disciplinary proceedings to verification of the absence of provision in the accounts-customers, for evidence of irregularities in their handling, as well as the lack of registration of amounts received and paid accounts-customers in accordance with the applicable regulations. 2-irregular movement is assumed the debt ordered by the enforcement agent without complying with legal rules or regulations. 3-in the case referred to in the preceding paragraph, the CAAJ can determine the protective measures which it considers necessary, provided for in article 205. 4-Happening place to preventive suspension of functions, immediate blocking CAAJ determines access to the accounts-customers and designates enforcement agent liquidator, which ensures the settlement of lawsuits and the deposit of the goods seized, in order to regulate conduct of lawsuits by surrogate execution agent designated by the operator, or in your absence, by that Commission. 5-the funds to be credited to accounts-customers after the respective lock are not considered for the purposes of settlement, being delivered to the substitute enforcement agent in accordance with point (b)) of paragraph 10 of article 178. 6-there is no place for the application of preventive suspension of functions, can also designate a CAAJ enforcement agent liquidator if it considers that there is a need to carry out the liquidation of the processes for the purposes of disciplinary proceedings. Article 173 Rates 1-the enforcement agent is obliged to apply, the remuneration of its services, the rates approved by order of the Member of Government responsible for the area of Justice, heard the order.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 153 2-The rates provided for in the preceding paragraph may understand a fixed portion established for certain types of procedural activity, and a variable part, dependent upon the consummation of the effect or the desired results with the performance of the enforcement agent. 3-the enforcement agent shall post in your Office or in your company the applicable tariffs in plays and other types of cases or acts that is legally responsible and inform the interested, therefore the amount likely of its fees and expenses, and should such information be recorded in the process. 4-the enforcement agent shall also inform stakeholders, throughout the process, the fees and expenses effectively, as well as all other costs associated with the procedures or acts which are entrusted. 5-are supported by the enforcement agent that costs unduly der azo, so manifest, in the exercise of your activity. Article 174 1-Guarantee The enforcement agents receive over 1000 processes, or that have more than 2000 cases pending, should pay a deposit in cash, through deposit in favour of CAAJ, guaranteeing the payment of expenses incurred in the payment of your Office processes, or integrating, when cease functions temporarily or permanently or be extinct society Depending on the number of processes. 2-in the case of a society of enforcement agents, it must act when the number of cases received and pending, divided by the number of its partners, at the end of each calendar year, exceeds any of the limits given in the preceding paragraph.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 154 3-the value of the collateral is calculated by multiplying the number of processes exceeds any of the limits referred to in paragraph 1 at the end of each calendar year by a prescribed factor between 0.15 and 0.5 UC. 4-the CAAJ manage funds deposited in the account referred to in paragraph 1. 5-the enforcement agent or professional society can provide a bank guarantee equivalent to the value of the deposit since this is actionable at the first request of CAAJ and guarantee immediate liquidity. 6-determining the factor referred to in paragraph 4, the provision of security, the limits to the management of the funds deposited and your refund are defined by regulation to be adopted by the General Assembly, on the proposal of the General Council. 7-the enforcement agent that is not integrated into professional society of enforcement agents must designate colleague that replace in case of temporary impediment and that can ensure the handling processes, the management of the Office and accounts-customers, and should observe the following rules: a) the designated enforcement agent has express written acceptance of the designation; (b)) to the designated enforcement agent must be granted the necessary powers to perform the task at any time, assuming the functions for all acts equivalent to delegate enforcement agent; c) When providing for a temporary impediment for a period of less than six months, the enforcement agent shall inform the order and CAAJ; d) in the case of temporary impediment more than six months or unforeseen inability, the CAAJ determine the replacement of the enforcement agent and the respective term.

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8-non-compliance with the provisions of this article, for a period exceeding 30 days, constitutes a disciplinary infraction and determines the suspension of designation for new processes to be given bail missing or indicated the substitute enforcement agent. 9-the possible interest of the collateral deposited are recipe of the guarantee fund. 10-the regulatory procedure CAAJ collateral and the replacement process laid down in this article. Article 175 1 compensation box-the box of compensation is intended to compensate for the movement: a) carried out by enforcement agent, within the own region or anywhere in the cases of unofficial designation, when their costs exceed the value set by order of the Member of Government responsible for the area of Justice; b) Support the actions for the training of enforcement agents or candidates to this professional activity; c) supports the development and maintenance of software applications necessary for the exercise, monitoring and supervision of the activity of enforcement agent; d) Pay inspection services and supervision by the order; and) Finance CAAJ activity; f) Finance the guarantee fund of the enforcement agents; g) bear the costs of the settlement, file maintenance and management of the processes of enforcement agents to cease functions, when they cannot be supported under article 148 and are not covered by security;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 156 h) Bear other expenses aimed at simplifying the conduct of Executive processes, reduce costs and allow the regular exercise of the activities of enforcement agents. 2-compensation box revenues consist of a percentage share of the amounts received under the duties of enforcement agent, set by order of the Member of Government responsible for the area of Justice after a reasoned proposal of the order, and may that vary according to the characteristics of the processes that are entrusted to them. 3-the compensation box is managed by a professional specifically designated for this purpose, appointed by the General Council, listen to professional advice and CAAJ. 4-to finance the guarantee fund of the enforcement agents, are committed 15% of the annual revenues of the compensation box. 5-less the amount for the guarantee fund are safeguarded 1/3 of revenue to fund the compensation box CAAJ. 6-the captive transfer referred to in the preceding paragraph for CAAJ made up to the end of the following month in which the billing occurs, without prejudice, per protocol between the order and the Committee, can be agreed other conditions of transfer or use of the captive. 7-the collection of amounts due to the compensation is effected by the Order automatically, with the payment of the value on which the percentage share is calculated, or prior to the movement of the process. 8-the accounting of the values collected and spent with the obligations of the compensation box is log object itself, and that the information be provided to CAAJ.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 157 9-other aspects relating to the collection and management of the resources to affect the compensation are regulated by the General Assembly, in accordance with article 22A, including mandatory automatic direct debit of the amount due to the compensation box whenever it is indexed to the value of a particular fee. 10-where has not been carried out direct debit, failure to pay timely by the enforcement agent to the compensation box can determine, for the period in which the non-payment to indisponibilização: a) electronic services provided by the order that may be made by own means, in particular, the consultations, the electronic liens that are not necessarily carried out by such and postal services filed; b) access to the computer support service; (c)) access to training or conferences actions promoted by the order of character free or subsidized; d) unique digital certificate of enforcement agent; e) professional liability insurance eventually made available by order. 11-notifies the Executive Agent, in the preliminary hearing to comment in writing within 10 days, on the application of the preceding paragraph. 12-after prior hearing of the enforcement agent, the order communicates to the enforcement agent, at least 10 days, the application of the provisions of paragraph 10.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII Article 158 176 guarantee fund of 1 enforcement agents-the guarantee fund of enforcement agents is the autonomous patrimony, jointly and severally liable for the obligations of the enforcement agent before certain entities, as a result of your activity if there is lack of provision in any of your accounts-customers or irregularity in the respective drive answer up to a maximum of € 100 000 per enforcement agent. 2-the CAAJ approve the regulation of the guarantee fund in which establish the rules governing the priority payment to certain beneficiaries of the Fund or the limitation of the categories of beneficiaries. 3-the regulation referred to in paragraph 1 shall at least ensure that priority is given to run and the other private entities that are not exequentes or creditors in other interested claimants being, on equal terms, benefit individuals with regard to the collective people. 4-the guarantee fund is preceded by CAAJ settlement of the enforcement agent's Office or enforcement agents. 5-the Fund is managed by CAAJ. 6-the enforcement agent is liable to the Fund by the value of your drive and, before the costs of liquidation, CAAJ. Article 177 1 Delegation-the enforcement agent may delegate another enforcement agent or company of enforcement agents the ability to practice all or certain acts in the process, communicating promptly that the part that designated.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 159 2-no delegation between enforcement agents that are members of the same professional society, being the computer record of the Act who carries out enough to remove the presumption of responsibility of the enforcement agent initially designated by the society. 3-the enforcement agent to delegate to another, with reservations, the competence to practice specific acts is responsible for compliance with procedural deadlines, by verifying the regularity of the acts performed by the delegate and enforcement agent for payment of fees and expenses of this. 4-outside the cases referred to in the preceding paragraph, the delegation of powers to the practice of all the acts in a process is communicated to the operator, any other interested and to run, if cited, in the following terms: a) With the intention of delegating and delegate proposed ID is posted a provisional settlement and the judgment creditor within 10 days, indicate another enforcement agent to perform the replacement; b) in the case of not being submitted claims or being these decided, the delegating enforcement agent offers to substitute the physical process, values and goods that has deposited; c) delegating responsibility Ceases upon delivery of the process, values and goods to the substitute enforcement agent. 5-the costs resulting from the total delegation procedures are supported in terms of agreement between delegator and delegated. 6-the delegations still applies the regulation of delegations, to be approved by the General Assembly.

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Article 178 liquidator enforcement agent 1-in the case of death or permanent incapacity of the enforcement agent who performs functions in isolated practice, dissolution, temporary or permanent impediment of professional society, as well as in the event of termination of the duties of enforcement agent on his own initiative, suspension for more than 10 days or permanent interdiction from exercise of the activity the CAAJ designates enforcement agent liquidator, which ensures the settlement of lawsuits and the deposit of the goods seized, in order to regulate processing of Executive process by the enforcement agent substitute to be appointed in accordance with the law. 2-the enforcement agent liquidator is appointed and compensated in terms of regulation to be adopted by the General Assembly. 3-If the enforcement agent to integrate society, applies the provisions of paragraph 4 of article 222.º. 4-run agent liquidator must be delivered: a) the file pending executions; b) records and media accounts, the accounts-customers of the enforcement agent and executions for which have been designated; c) The movable property to which the enforcement agent in liquidation was faithful depositary in that capacity. 5-the enforcement agent liquidator must: a) Notify those involved in the process with the right to claim values that consider due; b) report detailing the settlement values claimed by notifying the procedural actors interested. 6-the final report of settlement can be challenged under the general terms of law.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 161 7-the liquidator shall submit a general report to CAAJ on the situation of dependent processes of enforcement agent in liquidation. 8-in cases of manifest urgency, the enforcement agent liquidator may apply to the judge of the authorisation process for procedural acts strictly necessary. 9-once the liquidation of each process is complete, the process is transferred to the substitute enforcement agent, to designate by the judgment creditor, may be his own liquidator, or, in the absence of designation by that, by CAAJ, without prejudice to the later transfer of the values to be calculated. 10-is automatically transferred to the substitute enforcement agent, upon presentation of a certificate issued by the competent authority: the) value available in the process before locking the client accounts of enforcement agent, after global settlement of lawsuits by the enforcement agent; b) value available in the process that came in after the blocking of accounts-enforcement agent client, after the liquidation of the respective process; c) the quality of faithful depositary of the goods delivered to the liquidator in the respective process. 11-If the balance of the accounts-customers is insufficient to ensure compliance with the obligations undertaken by the enforcement agent, this fact is communicated to CAAJ. Article 179 1-without prejudice to Supervision of power inspetivo committed to order, the enforcement agents are monitored by the CAAJ.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 162 2-Chairman, Board of Governors, the General Council and the Council may request the professional to carry out certain CAAJ supervision, in which case it is referred to the applicant for the same respective report. 3-communications between the agent and the CAAJ applies the provisions of article 98. SECTION IV disciplinary Infractions Article 180 of the disciplinary Infractions 1-enforcement agents Constitutes a disciplinary infraction of the enforcement agent to violations, by action or omission, of their specific duties, the duties provided for in the general part, relating to members, as well as other legal provisions and regulations. 2-the enforcement agents are also liable to disciplinary liability, to the extent that the duties referred to in the preceding paragraph are applicable to them. CHAPTER VI disciplinary power SECTION I General provisions Article 181a disciplinary Infraction 1-disciplinary infraction all action or omission of any Member who violates the duties laid down in the law, in these regulations or in the applicable regulations.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 163 2-disciplinary infractions provided for in these regulations and other legal provisions and regulations are punishable as wilful misconduct or negligence. 3-the attempt is punishable. Article 182 Article 1 disciplinary Responsibility-solicitors are subject to the disciplinary authority of the order, as provided for in these bylaws and in the disciplinary regulation. 2-Without prejudice to the competence legally assigned to the enforcement agents CAAJ are still subject to the disciplinary authority of the order when the infringement is concerned, by action or omission, of the obligations laid down in points (a)), and) h) and k) of paragraph 2 of article 124 article 125 and article 130, or be imposed by the disciplinary penalty CAAJ agent that holds an organ of the Order in accordance with this Statute and the disciplinary regulations. 3-the suspension or cancellation of the fee he maketh the disciplinary responsibility by previously practiced by violations associated with the order as such. 4-During the time of suspension of the registration, the Member remains subject to the disciplinary authority of order and CAAJ. 5-the punishment with the sanction of prohibition of exercise of professional activity he maketh the disciplinary responsibility of the associated relation to infractions committed by him before the final decision that has applied that sanction.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 164 6-The professionals who provide services in the national territory under the freedom to provide shall be assimilated to the members of the order for disciplinary purposes, in accordance with paragraph 2 of article 4 of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, August 28 , and 25/2014, of May 2, with the specifics set out in paragraph 7 of article 180 and the disciplinary regulations. 7-people collective are members of the order are subject to the disciplinary authority of the organs of the latter and of CAAJ pursuant to this Statute and the law establishing the regime of the Constitution and functioning of professional corporations that are subject to public professional associations. Article 183 independence of disciplinary liability 1-disciplinary liability is independent of the civil or criminal liability arising out of such acts. 2-the disciplinary process is promoted regardless of any other and resolve all the issues that interest the decision of the case, without prejudice to your appreciation, in legal terms, to other effects. 3-When, based on the same facts, has been initiated criminal proceedings against Member may be ordered the suspension of disciplinary proceedings as to these facts, within a stated period, or subject to the provisions of paragraph 7 of the next article, until it is made final decision. 4-the suspension of disciplinary proceedings, in accordance with the provisions of the preceding paragraph, is communicated by the order or by CAAJ, as the case may be, the competent judicial authority, which must order the consignment to order and to CAAJ case in fact practised by enforcement agent, the order copy of arraignment and, if any, he order of pronunciation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 165 5-after the period specified pursuant to paragraph 3 or paragraph 7 of article following, without the delivery of final judgment, the facts are ascertained in the disciplinary process. 6-where, in criminal proceedings against associated, whether designated day for the hearing of the trial, the Court must order the consignment to order and to CAAJ case in fact practised by enforcement agent, preferably by via electronics, the order of prosecution, the order of pronunciation and of the defence, if it has been presented, and any other elements required by the Board of Governors , by the Chairman, or by the discipline of CAAJ. 7-the disciplinary responsibility of members before the order resulting from the practice of infractions is independent of any disciplinary responsibility before the respective employers for breach of duties arising from working relations. 184.º Prescription of disciplinary procedure article 1-the disciplinary procedure shall cease, the effect of prescription as soon as on the practice of the infraction has within five years, except as provided in the following paragraph. 2-If the disciplinary infringements constitute criminal violations at the same time for which the law establishes limitation periods subject to longer term, the disciplinary procedure only prescribes after the latter term. 3-the limitation period of disciplinary procedure runs from the day the fact that if you have accomplished. 4-the limitation period only runs: a) on the instant infractions, from the moment of your practice; (b)) In the day continued violations of the practice of the last act; (c)) in the permanent infractions since ceasing the consummation.

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5-the disciplinary procedure also prescribes, since knowledge or participation made pursuant to paragraph 1 of the following article, does not start the competent disciplinary procedure within a year. 6-the limitation period of the disciplinary process stops with the notification to the defendant: a) the establishment of the disciplinary process; (b)). 7-After each period of interruption shall start new limitation period. 8-the limitation period of the disciplinary procedure is suspended during the time when: a) the disciplinary process is suspended, awaiting final decision in criminal proceedings; (b)) the final decision of the disciplinary proceedings cannot be served on the defendant, on the grounds that her part. 9-the suspension, when results of the situations provided for in the preceding paragraph may not exceed the period of two years. 10-the limitation period will come running from the day when the cause of suspension. SECTION II of the exercise of disciplinary authority article 185 1-Participation Have legitimacy to participate in the order or, in the case of CAAJ that practiced by enforcement agent, practiced by susceptible to constitute disciplinary infraction Associates: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 167 a) the Chairman; (b)) the General Council and regional councils; c) professional advice; d) provider; and) the Prosecutor, pursuant to paragraph 3; f) Any person directly or indirectly affected by the reported facts. 2-the courts and any authorities must inform the order and CAAJ case in fact practised by enforcement agent, the practice, associated with that, facts likely to constitute disciplinary infraction. 3-Notwithstanding the provisions of the law of criminal procedure concerning the secret of Justice, the public prosecution service and the criminal police bodies refer to the order and, in the case of CAAJ that practiced by enforcement agent, certificate of complaints, interests or complaints against members and which may constitute facts likely to constitute disciplinary infraction. Article 186 Withdrawal of participation the cancellation of disciplinary participation by the participant terminates the disciplinary process, unless the infringement imputed affect the prestige of the order or any of the professional activities carried on or the dignity of the associated targeted and, in this case, this manifest intention that the process continue.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII Article 187 § 168 establishment of disciplinary proceedings 1-Any order or organ CAAJ, ex officio or on the basis of a complaint, complaint or participation by a person properly identified, containing facts susceptible to integrate disciplinary infraction of the associated, communicates the facts immediately to the competent body for the institution of disciplinary proceedings. 2-when it concludes that participation is unfounded, she gives the knowledge associated with targeted and, at the request of this, are issued certificates that it considers necessary for the protection of their rights and legitimate interests. 3-the disciplinary proceedings against the Chairman or any member of the Board of Governors in effectiveness of functions can only be established by resolution of the Board taken by a two-thirds majority of the members present. Article 188 procedural Legitimacy people with direct, personal and legitimate interest with regard to the facts reported may request, to order or to CAAJ case in fact practised by enforcement agent, your intervention in the process, requiring and claiming you have for convenient. Article 189-supplementary legislation subject to the provisions of this Statute, the disciplinary process is governed by disciplinary regulations, and applicable procedural rules laid down in the General employment law in Public Functions, approved by law No. 35/2014, of 20 June.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 169 SECTION III disciplinary sanctions Article 180 1 disciplinary sanctions-disciplinary measures are as follows: a) warning; b) Reprimand registered; c) fine of 5 UC the UC 2500, or, in the case of collective or assimilated people, 10 UC the UC 5000; d) suspension of the exercise of professional activity up to a maximum of 10 years; and definitive Interdiction exercise) professional activity. 2-warning sanction is applicable to light violations in the exercise of the profession of the members and aims to avoid a repetition of the tortious conduct. 3-the penalty of reprimand is a registered judgment of disapproval by the infringement, being applicable to minor infractions in the practice of the profession of which, by reason of the fault of the defendant, not mere warning. 4-the penalty of fine is set at a certain amount, depending on the seriousness and consequences of infringement, being applicable to serious infringements. 5-the sanction of suspension consists of the total clearance of the practice during the period of sanction and enforcement shall apply if, having regard to the nature of the profession, the disciplinary infraction is serious and has called into question the integrity of people or be seriously detrimental to the honor or unrelated heritage or equivalent values.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 170 6-the definitive ban sanction the exercise of professional activity consists in the total clearance of the practice of the profession, without prejudice of rehabilitation, and is applicable to very serious offences that affect such life, the physical integrity, dignity or prestige, which impede the exercise of the professional activity in question. 7-in the case of professionals under the freedom to provide services in the national territory, the penalties laid down in paragraphs 5 and 6 are temporary or definitive ban on the exercise of professional activity in the territory, as appropriate, by applying mutatis mutandis the provisions of article 106. 8-the attempt is punishable by the penalties applicable to infringement consummated, especially toned down. 9-the proceeds of fines goes to the order or to the guarantee fund, as the sanctions have been applied by the disciplinary body of the order or by CAAJ, respectively. 10-where the infringement resulting from the breach of a duty by default, compliance with the sanctions imposed does not dispense from complying with that, if that is still possible. 11-the application of the sanction of prohibition of exercise of professional activity by CAAJ determines the automatic cancellation of the registration of the condemned the order, following the reception of the communication from the application of that penalty. 12-the application of sanction of suspension constitutes evidence of lack of fitness for the exercise of profession organised by order. 13-the application of the sanction of suspension of the exercise of professional activity by CAAJ determines the suspension of registration of the accused in the respective professional college, following the reception of the communication from the application of that penalty.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII Article 171 191 1 Degree-in the application of sanctions must meet the professional and disciplinary backgrounds of the accused, the degree of fault, the seriousness and implications of the infraction, the economic situation of the defendant and all other aggravating or mitigating circumstances. 2-Are extenuating circumstances: a) the effective exercise of the profession of enforcement agent or solicitor for a period exceeding five years, or interpolated, without any disciplinary measure; b) the confession of the infraction or infractions; c) the cooperation of the defendant for the discovery of truth; d) the repair of the damage caused by the tortious conduct. 3-Are aggravating circumstances: a) the premeditation in practice of the infraction and the preparation of the same; b) collusion; c) recidivism, considering as such the practice of infringement before the expiry of the period of five years after the day on which the conviction becomes final Commission of previous infringement; d) accumulation of infractions, whenever two or more infractions are committed at the same time or when another is committed before have been punished the previous; and) the fact that the infringement or infringements being committed during the execution of disciplinary action or during the period of suspension of disciplinary action;

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f) produce losses of considerable value, understanding as such the damages in excess of the value of half of the purview of the courts. Article 192-1 accessory sanctions cumulatively with the application of disciplinary sanctions, may apply, by way of penalties: a) mandatory Frequency of additional training actions to the actions of compulsory education; b) restitution of amounts, documents or objects; c) loss, in whole or in part, in favour of the guarantee fund of fees or the cost of expenses; d) loss in favour of the guarantee fund of the product of the benefit obtained by the defendant; and Removal of organs post) of the order; 2-solicitors can still be applied to accessory sanction of exclusion from the list of Solicitors for the provision of services of unofficial, or definitely appointed for a specified period. 3-The enforcement agents may still be applied the following penalties: a) limitation of the number of processes that can be assigned, for a maximum period of two years; b) exclusion from the list of enforcement agents, for the purpose of designation for new processes, for a specified period; c) conditioning of movements of accounts-customers to the prior authorization of an enforcement agent associate account manager, designated by CAAJ, at the expense of the defendant.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 173 4-accessory sanction provided for in subparagraph (e)) of paragraph 1 may only be applied with the assent of the Board of Governors. 5-The penalties can be cumulated with each other. 6-in applying the penalties must meet the criteria laid down in paragraph 1 of the preceding article. Article 193 unit and accumulation of infringements without prejudice to the application of the penalties referred to in the preceding paragraph, cannot apply the same associated more than a disciplinary sanction for each fact punishable. Article 194 of the sanctions Suspension 1-taking into consideration the degree of fault, the behavior of the defendant and the circumstances surrounding the practice of the infraction, disciplinary penalties below the definitive interdiction of the exercise of professional activity can be suspended for a period between one and five years. 2-Stops the suspension of sanction when, in relation to associated punished, be given final decision of condemnation in new disciplinary process. Article 195 application of penalties of suspension over two years to ban the exercise of professional activity 1-the application of penalties of suspension of more than two years or permanent interdiction from exercise of professional activity can only take place after public hearing, in accordance with the procedure laid down in the disciplinary regulation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 174 2-sanctions of suspension for a period exceeding two years or permanent interdiction from the exercise of professional activity can only be applied by resolution to get the qualified majority of two thirds of the members of the competent disciplinary proceedings, in cases where this belongs to the order. Article 196.º implementing the sanctions 1-it is the General Counsel and, in collaboration with CAAJ that and as far as required, to implement the decisions of the disciplinary process, including practicing the acts necessary for the effective suspension or cancellation of registration of the associates who are applied sanctions of suspension and definitive ban, respectively. 2-the application of sanction of suspension or permanent ban of the exercise of professional activity shall entail the temporary or definitive ban, respectively, of the practice of any professional Act and the professional card delivery at the headquarters of the order or at the headquarters of the regional councils where the defendant has your professional domicile, where applicable. 3-The disciplinary sanctions decided by the competent organ, that it no longer fit challenge, must be communicated in order for reciprocal CAAJ and the Bar Association, when the associated is also implementing agent or lawyer. Article 197 early production of effects of disciplinary measures disciplinary measures 1-start the production of their effect on the day following that on which the decision becomes final. 2-If, on the date on which the decision becomes final, is suspended the registration of the accused, the fulfillment of the disciplinary measure of suspension shall start on the day following the lifting of the suspension.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 175 Article 198 time limit for the payment of fines 1-The fines pursuant to c) of paragraph 1 of article 180 shall be paid within 30 days from the start of production of effects of their sanction. 2-The associate does not pay the fine within the time limit referred to in the preceding paragraph your registration is suspended by decision of the competent disciplinary body, which is notified. 3-the suspension can only be lifted after proven payment of outstanding importance. 199.º Communication and publicity article 1-application of the penalties referred to in paragraph 1 (b))) of paragraph 1 of article 180 is communicated by the General Council or the society CAAJ:) or associative organization professionals for whom the defendant paid services on the date of the facts and the date of conviction for disciplinary violation; and b) to the competent authority in another Member State of the European Union or the European economic area for the control of the defendant's activity established in that same Member State. 2-When the penalty imposed is effective suspension or permanent ban of the exercise of professional activity, you are given publicity: a) on the official site of the order by entering the corresponding note on the permanent lists of associated with disseminated electronically; b) On official site of CAAJ, in the case of enforcement agent; (c)) on the portal Citius;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 176 d) in the Bulletin of the order; and courts and public services) of the districts where the associated has registered professionals and households in areas considered suitable for the fulfilment of the purposes of general prevention legal system. 3-if ordered the preventive suspension, the suspension or limitation to assignment to new processes or applied sanction of suspension or permanent ban of the practice of the professional activity, the General Council shall enter the corresponding note on the permanent lists of information disclosed by associates. 4-the publicity of disciplinary sanctions and additional sanctions is promoted by the competent disciplinary body, being carried out at the expense of the defendant. Article 1 disciplinary sanctions 200th Prescription-disciplinary sanctions shall be within the following periods: a) The warning and reprimand recorded in a year; b) fine in two years; (c)), in three years; d) the definitive interdiction exercise of professional activity, in five years. 2-the limitation period shall run from the day following that on which the decision becomes final. Article 201 principle of registration in the order 1-the individual members in the order process includes a registration, which are set out in the disciplinary sanctions referred to in paragraph 1 (b))) of paragraph 1 of article 180 and the penalties that have been applied.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 177 2-the register is managed by the General Council, based on the elements notified by the disciplinary bodies of the order or of CAAJ. 3-the conviction of an associate in criminal proceedings is communicated to Order to effect of endorsement to the respective record. 4-The sanctions referred to in paragraph 1 (b)) and c) of paragraph 1 of article 180 are eliminated from the register after the expiry of a period of five years from the your compliance. 5-the Member has a right to know all the elements of your record. 6-the order offers to permanently record the associated CAAJ which are enrolled in the College of enforcement agents. SECTION IV Article 202 process Mandatory the application of a disciplinary action is always preceded the establishment of the facts and of the disciplinary responsibility in the process itself, as provided for in these bylaws and in the disciplinary regulation. Article 203 1-process Forms the disciplinary action may include the following forms: a) inquiry procedure; b) disciplinary proceedings. 2-the inquiry procedure is applicable when it is not possible to clearly identify the existence of a disciplinary infraction or the respective infringer, and the implementation of steps to enlightenment or summary the facts concerned.

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3-apply the disciplinary proceedings where there are indications that determined the Order practiced properly implemented facts, likely to constitute disciplinary infraction. 4-after determined the identity of the offender, or as soon as they show the least fleshed out or clarified the facts reported, disciplinary infraction to be susceptible is proposed immediate conversion of the inquiry procedure in disciplinary proceedings, by reasoned opinion succinctly. 5-When the participation is manifestly impractical or unfounded, should be outright filed, giving effect to paragraph 2 of article 187 §. 6-If the analysis of the conduct of an associate held under the inquiry procedure result sufficient evidence of disciplinary infraction punishable by penalty warning abstractly or reprimand the competent disciplinary body, can determine the provisional suspension of the process upon the defendant enforcement of rules of conduct or the payment of a certain amount , as security, always occurring the following assumptions: a) the absence of previous application of provisional suspension of the process by the same type of infringement; b) absence of a high degree of guilt. 7-in the case referred to in the preceding paragraph, the defendant shall apply the following measures: a) Payment within 10 business days, of an amount between 1 and 5, in the case of natural persons, or between 2 and 8 UC, in case of collective or assimilated people; b) implementation of a restructuring plan of your activity, in accordance with the procedure and deadline are set;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 179 c) frequency of additional training actions to the actions of compulsory training under and deadline are set. 8-non-observance of certain measures, referred to in the preceding paragraph, means the continuation of disciplinary proceedings suspended provisionally in accordance with paragraphs 6 and 7. 9-If the defendant abide by certain measures, the case is filed and you are returned to the amounts paid. Article 204 disciplinary proceedings 1-the disciplinary process is governed by these bylaws and by the disciplinary regulation. 2-the disciplinary process consists of the following phases: a) statement; (b) the accused's Defence); c) decision; d) execution. 3-at all stages of the disciplinary process is provided to the accused all the guarantees of defense in accordance with law. Article 205-1 precautionary measures after hearing of the accused, or if this, having been notified, does not appear to be heard, can be ordered to your preventive suspension, by decision taken by a qualified majority of two thirds of the members in effectiveness of the functions of the competent organ of the order or decision of the discipline of CAAJ, when is competent.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 180 2-the suspension referred to in the preceding paragraph may only be enacted in cases where there is evidence of serious disciplinary infraction. 3-the preventive suspension may not exceed three months and is always deducted for the duration of the sanction of suspension, that term being renewable for equal periods, until the final decision by way of reasoned the competent authority Act to implement the preventive suspension. 4-can be applied to the accused to be enforcement agent, in addition to the preventive suspension of functions, the following precautionary measures that CAAJ deems necessary, individually or cumulatively, in accordance with the principle of proportionality and adequacy: to lock the respective debit) accounts-customers; b) Suspension or limitation of the designation to new processes; c) conditioning of movements of accounts-customers to the prior authorization of an enforcement agent associate account manager, designated by CAAJ, at the expense of the enforcement agent in question; d) conditioning of continuation of the exercise of the activity to the presentation of a restructuring plan of the respective office or company. Article 206 secret Nature of the process 1-the process is secret in nature until the Decree of accusation or archiving. 2-the rapporteur may, however, authorize the appointment of the process by the defendant, by the participant, by prosecutors, by the criminal police bodies or by the interested parties, when it does not result in inconvenience for the statement and on condition not be disclosed what it's worth.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 181 3-the defendant or the person concerned, when associated, that does not respect the secret nature of the process incurs a disciplinary liability. Section V of Article 207 1 Appeal Decisions-decisions taken on disciplinary matters appeal to the plenary of the Board of Governors when the competent disciplinary body's. 2-decisions taken on disciplinary matters from which no further appeal lies under the preceding paragraph appeal litigation for the administrative courts, in accordance with law. 3-The mere expedient decisions or relating to the discipline of the jobs are not appealable pursuant to the preceding paragraphs. 4-the exercise of the right of appeal provided for in this article shall be governed by the relevant provisions of the disciplinary regulations. Article 208 1 Review-it is permissible to review a final decision issued by the agencies of the order or of the disciplinary competence CAAJ: a) A final judicial decision declaring false any elements or means of proof which have been instrumental in the decision revidenda; b) A judicial decision which has become final has given as proven crime committed by a member or members of the Court which delivered the judgment revidenda in connection with the exercise of their functions in the process;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 182 c) The facts which formed the basis for judgment are irreconcilable with those data as proven in another final decision and resulting serious opposition doubts about the fairness of the conviction; d) have discovered new facts or evidence which, by itself or combined with those that are assessed in the process, give rise to serious doubts about the fairness of the judgment rendered. 2-the simple claim of illegality, formal or substantial, the process and the disciplinary decision does not constitute grounds for review. 3-the review is admissible even if the process is extinguished or the sanction prescribed or accomplished. 4-the exercise of the right of review provided for in this article shall be governed by the relevant provisions of the disciplinary regulations. Article 209 1-Rehabilitation In case of application of sanctions definitively ban the exercise of professional activity, the Member may be rehabilitated, duly substantiated request for the order or the disciplinary competence CAAJ, and as long as you fill out the following requirements: cumulatively) over 15 years have elapsed since the decision applied the sanction became is not actionable; b) rehabilitating has shown good conduct, and to demonstrate, using any legally admissible means of proof. 2-if it is accepted, the associated rehabilitated recovers fully their rights and is given due publicity, pursuant to paragraphs 2 to 4 of article 199.º, with any necessary adaptations.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 183 3-When is the decision on the rehabilitation of enforcement agent is this subject to the opinion of the discipline organ CAAJ, which is binding if the sanction has been imposed by themselves. 4-the reintroduction of rehabilitated shall apply the provisions of articles 104 et seq.. 5-rehabilitation is governed by the relevant provisions of the disciplinary regulations. CHAPTER VII settlement of disputes Article 210.º recourse to arbitration conflicts between members of societies of solicitors or societies of enforcement agents, or between such members and the respective societies, may be submitted to an arbitral tribunal, pursuant to law and regulation to be adopted by the General Assembly. Article 211-1 conciliation Attempt prior to recourse to arbitration or judicial courts, as appropriate, stakeholders in conflict resolution referred to in the previous article, as well as relating to the interpretation or application of the rules for setting fees, must promote an attempted extrajudicial conciliation before a Commission composed of one representative from each party and presided over by the President of the respective professional advice or associated with this display. 2-the conciliation attempt is promoted by filing an application addressed to the Chairman of the Professional Council, containing, in addition to the identification of the parties, an indication of the object and the grounds of the claim of the applicant.

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3-the attempted extrajudicial conciliation must take place within 30 days, in accordance with the rules and procedures laid down in regulation to be adopted by the General Assembly, ending with the signing of an agreement out of court between the parties or with the notification of the statement, issued by the President of the Commission it was not possible to reconcile at the end of that term. 4-the parties undertake not to use, as the argument or evidence in judicial or arbitral proceedings of any kind, the facts revealed, the claims made and the proposals put forward by the opposing party or by the Chairman of the Board of Governors under the attempted extrajudicial conciliation, with a view to a possible solution to the dispute. 5-the presentation of the request provided for in paragraph 2 stops the periods of prescription and limitation, that resume to your count on the day following the end of extrajudicial conciliation attempt. CHAPTER VIII professional societies the members of Societies section I Article 212.º 1 Partners solicitors-members only industry professionals may exercise the professional activity of solicitor in a single society and cannot exercise such activity outside this, unless the partnership agreement provides otherwise or written agreement is concluded in this respect by all partners. 2-in addition to solicitors and, or enforcement agents, can be partners in solicitors firms: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 185 a) previously made and solicitors firms entered in the order; b) associations of professionals likened to solicitors lodged in another European Union Member State whose capital and voting rights fit exclusively to professionals concerned. 3-the capital requirement referred to in point (b)) of the preceding paragraph shall not apply if it has no share capital. 4-the judgement of equivalence referred to in point (b)) of paragraph 2 is governed: a) As the nationals of Member States of the European Union, by paragraph 4 of article 1 of the law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2; b) as third-country nationals whose qualifications have been obtained out of Portugal, by current age. Article 213 1-Associated in societies of solicitors can exercise your professional activity solicitors not members who take the name of associates. 2-the rights and duties of members be included in the articles of association or be defined and their career plans must be notified to the associated, at the time of your integration into society. Article 214 amendment of contract changes to the company's by-laws depend on the partners, approved by a majority of 75% of the votes cast.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII article 215 186 correspondence and documents 1-business of the company and to mention the liability regime should be included in the correspondence and all documents of the society and the writings of professional partners, associates or interns. 2-Notwithstanding the preceding paragraph, it is allowed the use of abbreviated names using the initials of the names that make up the firm of society, as well as logos, subject to approval in accordance with the previous article. Article 216 shares the capital participation of the partner shall not imply termination of the respective participation of industry, unless unanimous decision to the contrary. Article 217 votes in the general meeting, the shareholder can be represented in the exercise of voting rights by another partner, mandated for this purpose. Article 218 society Administration the exercise of the powers of Directors must comply with the independence of the partner as solicitor, regarding the practice of their respective professional acts.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 187 Article 219(3) immediate Dissolution the company dissolves in the cases provided by law, the articles of Association and yet: a) When, within a period of six months, is not reconstituted the plurality of partners; b) by resolution of the shareholders unanimously, unless otherwise stipulated in the articles of Association; SECTION II of Companies executing agents Article 220 scheme applies to companies of enforcement agents the provisions with regard to societies of solicitors, with the necessary adaptations, and taking into account the specificities of the following articles. Article 221 object, social capital, voting rights and Administration 1-professional companies executing agents are exclusive object the exercise of specific powers of enforcement agent. 2-the share capital of professional societies of enforcement agents, as well as voting rights in the respective governing bodies should be exclusively held by enforcement agents, and only these integrate the management bodies of these companies.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 188 Article 222.º designation for process or procedure 1-the performance of the duties of enforcement agent, in the context of a process or procedure, can be entrusted to a society of enforcement agents and shall designate a partner society, enforcement agent, responsible for the process. 2-the enforcement agents are integrated in the list of enforcement agents, being appointed ex officio on the basis of the number of enforcement agents that integrate. 3-The enforcement agents to integrate professional societies cannot be nominated individually for processes. 4-in the case of suspension or cancellation of registration of the person in charge designated under paragraph 1, the society ensures the processing of the implementation process, appointing a new partner responsible for the process. 5-The professional societies of enforcement agents cannot have other companies as partners. 6-The enforcement agents who are solicitors or lawyers can in these qualities, participate in society of solicitors and law, respectively, since the company and its partners declare accepting the incompatibilities and impediments for implementing agents. SECTION III solicitors firms and executing agents article 223 arrangements applicable to solicitors firms and enforcement agents shall apply, mutatis mutandis, the provisions of the previous sections.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 189 TITLE III additional provisions and final provisions article 224 one-stop and 1 documents-all applications, communications and notifications provided for in this law between order and practitioners, professional societies or other associations of professionals, with the exception of those relating to disciplinary proceedings, are conducted by electronic means through the electronic one-stop-shop services, referred to in articles 5 and 6 of Decree-Law No. 92/2010 of 26 July, accessible via the Internet Web site of the order. 2-the presentation of documents in a simple manner in accordance with the preceding paragraph eliminates the consignment of original documents, authentic, authenticated or certified, without prejudice to the provisions of subparagraph (a)) of paragraph 3 and in paragraphs 4 and 5 of article 7 of the Decree-Law No. 92/2010 of 26 July. 3-When it is not possible to comply with the provisions of paragraph 1, for reasons of unavailability of electronic platforms, as well as in cases where the person concerned does not have the means to access the same, the transmission of information in question may be made by delivery order services, for shipment by post under register, by fax or by email , or by other means that this offers. 4-Are still applicable to the procedures referred to in this article the subparagraphs (a) (d)) and e) of article 5 and paragraph 1 of article 7 of the Decree-Law No. 92/2010 of 26 July.

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Article 225a internet Information Without prejudice to the provisions of article 100, and in addition to the information referred to in article 23 of law No. 2/2013, of 10 January, in paragraph 3 of article 6 of Decree-Law No. 92/2010 of 26 July, and in paragraph 4 of article 19 of Directive No. 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market, the order must be made available to the general public, through your email on the Internet site, the following information: a) Access Regime and exercise of the profession; b) principles and ethics rules and technical standards applicable to its members; c) complaint procedure or complaints by recipients with respect to services provided by professionals in the field of your activity; d) job offers in the order. Article 226 administrative cooperation provides order and asks the administrative authorities of the other Member States and the European economic area and the European Commission mutual assistance and take the necessary measures to cooperate effectively, in particular through the internal market information system, in the context of procedures relating to providers of services established in another Member State, in accordance with Chapter VI of Decree-Law No. 92/2010 , July 26, of paragraph 2 of article 51 of law No. 9/2009, on March 4, as amended by laws Nos. 41/2012, 28 August, and 25/2014, may 2, and paragraphs 2 and 3 of article 19 of Directive No. 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII Article 191 227.º Specialisations references to expertise and experts report to specialty schools for the purposes of paragraph 2 of article 14 of law No. 2/2013, of 10 January, being the same object of rules of procedure.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 308/XII 192 ANNEX (table referred to in article 88) Levy increase of professional activity Body General Council 30% 35% 5% High Council-regional councils 50% 10% 50% professionals Advice District 10% 10% Delegations

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