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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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CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

1

Exhibition of Motives

1. This proposed Act passes the Statute of the Order of Solicitors and Agents

of Execution, and repeals the Statute of the House of Solicitors in force, approved by the

Decree-Law No. 88/2003 of April 26, as amended by the Laws 49/2004, of 24 of

August, and 14/2006, of April 26, and by the Decree-Law No. 226/2008 of November 20,

aiming to conform to the legal discipline reach these professionals from the area of law

with the regime for the creation, organization and operation of public associations

professionals, approved by Law No. 2/2013, of January 10, and taking advantage of the ensejo

to dignify their professional status, considering the key role that

play in the administration of justice in our country.

It should be noted, first of all, that the proposal of law, of harmony with the provisions of the

Article 11 of the said Law No 2/2013 of January 10 turns the Chamber of the

Solicitors in the Order of the Solicitors and the Enforcement Agents, since, in the

terms of the precept in the cited standard, the professional public associations have the

denomination of order when they correspond to professions whose exercise is

conditioned on the prior obtaining of a graduate academic habilitation or

top. It is, therefore, what occurs in these professional classes, what has unpolished the

change, since soon, from the nomen iuris of the representative professional association of the

solicitors and enforcement officers, converting it into a professional order.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

2

The Order of the Solicitors and the Execution Agents is architected, thus, as the

public professional association representative of solicitors and agents of

execution, being set up, in the Statute, as a collective person of public law,

that, in the exercise of its public powers, it practices the necessary administrative acts

performance of their duties and approve the regulations provided for in the law, in a manner

independent of the organs of the State, enjoying legal personality, autonomy

administrative, financial, scientific, disciplinary and regulatory, within the limits

taxes by legal planning. In fact, the cases provided for in the law, ressalvated,

the acts and regulations of the Order of the Solicitors and the Enforcement Agents not

are subject to governmental type-approval, which concretizes the said autonomy, which

shows itself densified throughout the statutory diploma.

The Order of the Solicitors and the Enforcement Agents in appreciation will have as their purposes

control of the access and exercise of the professional activity of solicitors and agents

of execution, elaborating, in the terms of the law, the technical and deontological standards

respects and exercising the disciplinary power over who pursues these activities

professionals, without prejudice to the tasks specifically committed to the Commission for the

Monitoring of Auxiliaries of Justice (CAAJ), contributing still to the

progress of the professional activity of its associates, stimulating the efforts of the

their associates in the scientific, professional and social fields, and for the fulfillment of the

ethical rules and professional deontology.

Underscore the importance of the cited ethical and deontological rules, taking into account the

special mission of the solicitors and the executing agents, who collaborate in the

administration of justice, having a key role in the Portuguese civil procedure.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

3

The Order of Solicitors and Enforcement Agents, notwithstanding lofing a statute

of enriched autonomy and to see its assignments densified, is subject to the

administrative tutelage powers of the member of the Government responsible for the area of

justice, provided for in Law No. 2/2013, of January 10, morally because of the said

collaboration of solicitors and enforcement officers in the administration of justice, which

is one of the fundamental pillars of the State of Democratic rule enshrined in the

Constitution of the Portuguese Republic.

The Order of Solicitors and Agents of Enforcement, covering the continent and the

autonomous regions of the Azores and Madeira, is organized not only in the function of the

territory but also of the professional activities in appreciation. In the territorial plan, the

Order of the Solicitors and the Enforcement Agents is arranged on three levels:

national, regional and district. In the plan of the professional activities, the Order of the

Solicitors and the Enforcement Agents is made up of the professional colleges of the

solicitors and the enforcement officers. The associates of the Order of the Solicitors and

of the Enforcement Agents may belong simultaneously to one or more colleges

professionals, without prejudice to the incompatibilities and impediments foreseen in the

status, thereby tuteling the necessary participation of the solicitors and agents of

execution in the activity of the representative representative association.

They are provided for as national bodies of the Order of Solicitors and Agents of

Enforcement, mirroring the precept in Law No. 2/2013, of January 10, the congress, the

general assembly, the representative assembly, the bastonary, the top council, the

general counsel, the tax council, the representative assemblies of the colleges

professionals and the professional advice. There are still assemblies and councils

regional as well as assemblies and district delegations. It is to be noted, yet, that the

provider, in accordance with the said law, may be designated under proposal

grounded in the general council, approved in general assembly.

The lists of candidates for national collegial executive bodies should ensure the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

4

candidacy of associates coming from all regions, and the lists of candidates to the

regional executive bodies should ensure the candidature of associates coming

of more than half of the respective local district delegations. It is thus guaranteed to

representativeness of the professional order in question, tuteling the participation of the

members who integrate it.

It should be noted, on the other hand, that an associate may be a candidate for more than one

organ of the Order of the Solicitors and the Enforcement Agents, but it can only take

possession in a single organ, without prejudice to the posts that are occupied by inherence. Beyond

of this, the candidates who integrate an executive body from another public association

professional can only take possession in a body of the Order of the Solicitors and of the

Enforcement agents concerned after renount of the duties in the other association

public.

In the terms of the Statute, the exercise of executive, disciplinary and administrative functions

supervision in organs of the Order of Solicitors and Enforcement Agents is

incompatible with each other, which mirrors the regime plasmed in Law No. 2/2013, of 10 of

January. In addition, by rule, the office of the holder of an organ of the Order is incompatible with

the exercise of any leadership roles in the civil service and with any other

function with which a manifest conflict of interest occurs.

Under the new statutory rules, they have the right to vote the effective associates with

enrollment in force in the Order of Solicitors and Enforcement Agents, with

exception of the societies of professionals. The effective associates who meet

enrolled in more than a vocational college can exercise their right to vote

concerning the subject matter for each vocational college, thus ensuring the

representativeness of all professionals.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

5

On the other hand, they can only be elected to organs of the Order of the Solicitors and the

Associate enforcement officers in the full exercise of their associative rights which

are not professional societies. At least 85% of the members of each of the

collegiate bodies of the Order of Solicitors and Enforcement Agents with

executive or disciplinary competencies must be effective associates with enrollment

in force and in the full exercise of their rights that have exercised their respect

occupation for at least five years.

In the case of the rules reaching the election of the bodies, it must be pointed out that the election

of the members of the representative assembly is carried out by universal suffrage, direct,

secret and periodical in each of the district delegations, simultaneously with the

elections for the general council. Each district delegation elects a number of members

proportional to the total number of enrolled in the Order of the Solicitors and Agents of

Execution. In fact, all delegations have to be represented, being reduced

progressive and successively the number of representatives in those with greater numbers

of associated associates so that the least represented are elected at least one

representative. The members of the representative assembly are elected by method of

Hondt, among the candidate lists for district delegations, and may integrate into

concurrent to the representative assembly of any of the professional colleges in

that are inscribed.

The bastonary is, by its turn, the first candidate of the elected list for the general counsel,

only an effective associate may be elected with the enrollment in force and in full

exercise of your rights that have exercised your profession during, at least,

10 years.

For its part, it is elected to the general council the list that gets more than half of the votes

validly expressed, not considering itself as such the blank votes. If this is not

check, the second election is carried out, to which they should run only the two lists

more voted that have not given up their application.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

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The members of the top council are elected, in turn, on an autonomous list, by

universal, direct, secret and periodic suffrage, in simultaneous with the elections of the

general advice. Already, the members of the tax council are elected on an autonomous list

submitted to suffrage to the general assembly. Please note that the official reviewer of accounts that

integrates the tax advice is chosen autonomously by the general assembly, in the face of

proposal of the remaining members of the said council, drawn up with respect to the

public procurement standards.

It is emphasized that the mandate of the holders of the organs of the Order of Solicitors and of the

Enforcement officers have the duration of four years, save for delay in carrying out the act

election or the occurrence of mid-term elections, and cesses with the possession of the new members

elected, and may be renewed only for once, which is shown to be in the

Law No. 2/2013 of January 10. It should also be noted that the holders of any organ of the

Order of Solicitors and Enforcement Agents can only be elected to the

same body elapsed the period of a full term after the termination of duties

in the organ concerned.

It should be noted, on the other hand, that the Statute welcomes the legal figure of the referendum, which,

having a national scope, it may be intended, specifically, to the vote on proposals of

amendment of the statute, as well as proposals regarding the dissolution of the Order of the

Solicitors and Enforcement Agents and on subjects that have special

relevance to the public association.

The financial regime of the Order of Solicitors and Enforcement Agents finds

densification in the Statute, for the sake of transparency of this professional public association.

It is reiterated that associates with enrollment in force are required to contribute to the

Order through a monthly quota, constituting executive title to the debt certificate

passed by the general counsel.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

7

2. In what concerne the professional activities represented by the Order of the Solicitors

and of the Enforcement Agents, it is precept that the assignment of the professional title of

solicitor or executive officer and the professional exercise of the said activities

depends on enrollment as an effective associate in the professional vocational college of the

Order.

Admission as an effective associate depends on the entitlement of the academic degree of

licensed in solicitor or law and to have been approved in the professional stages

of access to the occupations of solicitor or performing agent in the respects examinations

endings, depending on the college or professional colleges in which the candidate intends to

enroll, as it is therefore permissible to enrol in both professional colleges. By

other side, has the category of associate trainee the candidate who, not being signed up

definitely in any of the professional colleges, has been admitted to the

internship achievement in one of the colleges.

Already the quality of honorary associate of the Order is awarded by the general assembly to

individualities, institutions or collectivities that, by exercising or having exercised

activity of recognized public interest, or having contributed to dignified and

prestige of profession subject to the control of the Order, be considered as

deserving of such a distinction. For their part, they are considered to be associated

correspondents the professionals who, being regularly enrolled, require the

suspension of your professional activity and declare to intend to maintain your enrollment

as correspondents, the natural or collective persons who by virtue of the eventual

connection of the activity developed with the attributions of the Order, the general counsel

consider it convenient to assign this category, for a period of four years, and the

associative organizations.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

8

It is emphasized that solicitors and enforcement officers established in territory

national may exercise in group the respective professions, constituting or joining

in professional companies of solicitors and enforcement officers, who enjoy the

rights and are subject to the duties applicable to the effective associates of the

Order of Solicitors and Enforcement Agents that are compatible with your

nature, being notably subject to the principles and deontological rules. The

general regime of the societies of professionals is the object of their own diploma, consecration-

whether in the statute under consideration special or excecional standards in the face of such general standards.

Please note, on the other hand, that the associative organizations of

professionals from other Member States of the European Union.

To the similarity of the precept in the status of the other professional public associations

in the area of law, and considering the special role of these professionals in the administration

of justice, are not admissible multidisciplinary societies that integrate solicitors

or enforcement agents. The reason that underlies this option of the legislator secures,

specifically, with the fact that these professionals have, in the exercise of their

functions, access to personal data that matters to protect and tutelise, given the important

constitutionally consecrated values, morally the right to reserve the intimacy of the

private life. In fact, the use of this personal data, many of them sensitive, by

professionals from other areas could, inter alia, unseat the practice of illicit

criminal, which is intended, for as soon as soon, to avoid.

On the other hand, and taking into account the special mission of the solicitors and the agents of

implementation in the civil procedure, the Statute establishes that associates with enrollment in

vigour must periodically attend shares of continuing education with a view to

ensure permanent monitoring of the theoretical and practical developments of the exercise of the

activity.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

9

For its part, for the sake of the transparency of the exercise of the professions concerned, the Order

of the Solicitors and the Enforcement Agents must keep up-to-date public lists,

accessible on your site in the Internet , designed to make you aware of all interested

information relating to professionals and companies able to perform the duties of

solicitor and enforcement agent on national territory.

Crucial matter plasmoned in the Statute, which deserves densification in the face of the regime still in

vigour, respects the regime of incompatibilities and impediments. Beyond the

specific incompatibilities and impediments for each professional activity, are

incompatible with the exercise of any of the professional activities, among others, the

job as a holder or a member of a governing body, as well as that of the President of

city hall and councillor that auffers any kind of remuneration or allowance.

Too much, any associate is barred from exercising their professional activity to

entities to which they pay, or have provided, in the last three years, services of judge of

peace, judicial administrator, mediator, auctioneer, official reviewer of accounts or technician

officer of accounts.

Regarding enrollment in the Order, they are requirements required of professionals, in addition to the

approval at the stage and respect final exam, have degree in solicitor, right or

equated qualification, do not find yourself in any incompatibility situation

for the exercise of the profession, not to be judicially interdict of the exercise of the

professional activity nor, treating yourself to a natural person, be judicially interdict

or declared incapacitated, and not be considered inidocyous for the exercise of the activity

professional.

The enrollment in the professional college of solicitors, by professionals whose

qualifications have been obtained in Portugal, presupposes still favourable information

of internship provided by the patron or by the internship centres and the presentation of

application for enrollment in the college up to five years after the completion of the internship with

take advantage.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

10

Portuguese nationality constitutes a requirement for enrolment at the college of agents of

implementation, attending to the fact that this professional is vested with relevant powers

of public authority ( ius imperii ) that the state in it delegates to ensure the

compliance, by way of coercion, of obligations not complied with timely and in a manner

voluntary by the debtors, which are recognized by title that the order

legal repute for sufficient and appropriate to attest to the existence of those and to funnate the

respect execution, requirement of rest required by other countries, for professionals of

identical nature, as is the case, for example, of France.

It is still, requirement for enrolment at the college of enforcement officers not to have been, in the

last 10 years, inscribed on the public list of legally regulated debtors, have

completed, with harnessing, the stage of execution agent, apply for enrollment

in the college up to three years after the completion of the internship with harnessing and, having been

running agent for more than three years, submit the new exam and obtain opinion

favorable from CAAJ.

Please note that the inscription is refused or cancelled to anyone who does not fill in the said

requirements, being to underline that you consider yourself to be inidopic for the exercise of activity

professional who, for example, has been convicted, by national decision or

foreign transitioned on trial, by the practice of theft crime, theft, burla, burla

informatics and in communications, extortion, abuse of trust, payout, infidelity,

forgery, false statements, doleful insolvency, frustration of credits, insolvency

negligent, favorability of creditors, issuance of cheques without provision, abuse of

warranty or credit card, illegitimate appropriation of public sector goods or

co-operative, danish administration in public sector economic unity or

co-operative, usury, bribery, corruption, influence peddling, embezzling, prescription not

authorised of deposits or other refundable funds, unlawful practice of acts or

operations inherent in the insurer activity or pension funds, tax fraud or

another tax crime and money laundering.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

11

On the other hand, it is phred that, taking into account the special role played, mored

in the executive process, the executing agent established on national territory can only

start functions after having the minimum structures and means of computer facilities.

In the chapter achievments for professional rights and duties, enriched legal discipline

in the face of the previous statute, they are enshrined in the Statute the principles of independence and

of the integrity, reiterating that the solicitor and the executing agent are indispensable

to the realization of tasks of public interest and to the administration of justice and, as such,

must have a public and professional behaviour appropriate to the dignity and the

liability associated with the functions they carry out, fulfilling punctual and

scrupulously carry out their duties. They are, incidentally, general duties of professional conduct o

compliance with the code of ethics and deontology, specifically, the honesty, the

probity, righteousness, loyalty, courtesy, punctuality, and sincerity. The solicitor

and the enforcement agent have an obligation to act with zeal and diligence regarding

all issues or processes that are entrusted to them and proceed with urbanity

to with colleagues, magistrates, lawyers and officers of justice.

Highlight the precept as to the functional independence. In effect, the solicitor

and the executing agent, in the performance of their duties, always maintain and in any

circumstances its independence, and shall act free of any pressure,

especially the one that results from their own interests or outside influences,

by refraining from neglecting professional deontology in the aim of pleasing customers,

to your colleagues, to the court, to the enforceable, the executed, to their mandators or to

third parties.

With regard to professional secrecy, the associates of the Order of the Solicitors and

of the Enforcement Agents are required to keep booking on any subjects

that they are entrusted with them, specifically documents, facts or any other

issues of which they have knowledge in the framework of negotiations between the parties

involved.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

12

In what concerns the accounts-customers, another matter that deserves special regulation in the

Status, it is determined that the amounts held by associate, or professional society

of these, on account of their customers or third parties, which are entrusted to them or

intended for expenses, must be deposited into account or open accounts at an institution

of credit in its name or of the professional society that integrates and identified as

accounts-customers.

On the other hand, it should be stressed that the associate with enrollment in force in the Order

of the Solicitors and the Enforcement Agents must celebrate and maintain an insurance of

professional civil liability, taking into account the nature and scope of risks

inherent in their activity, in harmony with Law No. 2/2013, of January 10.

For the internships, it should be stressed that these are organised by the council

general, which shall constitute coordination commissions for each of the specialties,

in which they integrate representatives of the respected professional advice. The

coordinators coordinators, who are selected by the Order of the Solicitors and the

Enforcement agents, accompany the entire period of the internship, being the main

responsible for the orientation and direction of the professional exercise of the trainees. Note:

that can only accept the direction of the internship, such as patron, the solicitor or agent of

run with a minimum of five years of valid enrolment in the vocational college

respect, without having suffered disciplinary sanction higher than the fine. The trainees must,

in turn, guarding respect and loyalty to the patron, preserving their

professional relationships, not raising customers for themselves or for third parties, as well as

ensure confidentiality on working methods, with respect to the structure

hierarchical of the office or society. The trainees are still bound by the

booking and professional secret duties, on the same terms applicable to your

patrons, and they must submit proof of underwriting of the insurance policy of

group made available by the Order of the Solicitors and the Enforcement Agents, or

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

13

contracted by you, relating to personal accident insurance that covers the risks that may

occur during and because of the internship, and civil liability insurance that covers,

during the realization of the internship and while the respective enrollment holds active, the

risks inherent in the performance of tasks that as a staged execution agent

they are assigned to it, as set out in the respective policy, renewing it always

that necessary until its completion.

3. In what concerne, in particular, the exercise of the activity of solicitor, the Statute

reinforces the principle of exclusivity of the exercise of the solicitor, determining that,

in addition to the lawyers, only the solicitors with enrollment in force in the Order of the

Solicitors and Enforcement Agents and the professionals who are equipped with solicitors

in regime of free provision of services may, on the whole national territory and before

any jurisdiction, instance, authority or public or private entity, practice acts

own by the profession, specifically, exercise the judicial mandate, in the terms of the law,

in regime of paid liberal profession.

Giving fulfillment to the European standards achievable for the free provision of services, the

Status precept that professional titles, in the case of the solicitor, are assigned

the nationals of Member States of the European Union or of the Economic Area

European and third-party countries whose qualifications were obtained outside Portugal with the

recognition of those qualifications pursuant to Law No. 2/2013 of January 10, and

of Law No. 9/2009 of March 4, amended by the Laws 41/2012 of August 28, and

25/2014, of May 2. Too many, the legally established professionals in another

Member state of the European Union or of the European Economic Area that there

develop functions comparable to those of solicitors can exercise them, in a way

occasional and sporadic, in national territory, in regime of free provision of services,

pursuant to the said Law No. 9/2009 of March 4, as well as through trade

electro, with a destination to the national territory, observed that it is the willing in the

Decree-Law No. 7/2004 of January 7, as amended by Decree-Law No. 62/2009, of 10

of March, and by Law No. 46/2012, of August 29.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

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It is to bring to the collation the standard that establishes that the solicitor must refuse to

provision of services in an issue where it has already intervenor in any other

quality or be related to another in which you represent, or have represented, the part

contrarian. Please note, on the other hand, that the solicitor should refuse to provide services

against whom, nOther cause pending, pay services, as well as cannot advise,

represent or act on account of two or more customers, in the same subject or in

subject conexo, if there is a conflict of interest of these customers.

With respect to remuneration, the Statute determines that the solicitor's fees

must correspond to an appropriate economic compensation for the services

effectively provided, owing to be paid in cash, and may take the form of

fixed retribution.

As for the disciplinary regime, the statute precept that constitutes disciplinary infraction of the

solicitor for violation, by action or omission, of the respect duties (general and specific).

Please note that professionals who exercise soliciting in national territory under regime

of free provision of services, the companies of solicitors, the societies of

solicitors and enforcement officers and the associative organizations of solicitors

are also liable to disciplinary accountability, to the extent that they are referred to

duties are applicable to them.

It complies, on the other hand, to make the forecast of the guarantee fund of the solicitors,

determining, in the Statute, that the general assembly may, by joint proposal of the

general counsel and the college of solicitors, affect part of the revenue resulting from the

respects activity to the creation of a guarantee fund, intended to respond by the

obligations assumed in the management of the accounts-solicitor clients and in the management of

files of solicitors who involuntarily cease their duties.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

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4. The Statute is still especially relevant in the face of the premity of concluding the

framework of the activity of the enforcement officers, which since the establishment of this

specialty, was the object of structural concretizations in the sense of this activity if

make more and more of a guarantee of the rights and duties of these professionals and,

consequently, of all the procedural actors. This regulation that if

intends now to conclude, met some key fasts. The first step has occurred

with the regulation of the accounts-customers and respect establishment of a set

of rules relating to the means of payment to be used by the executing agent. The

second step resulted from the establishment of CAAJ, as an external and independent entity

that scrutinizes and oversees the activity of enforcement officers. Finally, the Statute

constitutes the fundamental piece for more effective regulation of the activity of the

enforcement officers, through the adaptation of some provisions related to the

enforcement officers, in particular with regard to the rules of substitution, of

liquidation of offices, operation of the Guarantee Fund and autonomization

of the specialty of enforcement agents, eliminating the imposition on the requirements of

application agent enrollment to be previously solicitor or lawyer.

In respect of enforcement officers, dignifying the profession in question, the chapter

in the Statute dedicated to it, principality with its definition. In effect, the standard

definitory in appreciation establishes that the enforcement agent is the auxiliary of the justice who, in the

pursuit of the public interest, exercises powers of public authority in the

compliance with the representations that it carries out in the implementation processes, in the notifications,

in citations, apprehensions, sales and publications in the context of proceedings

judicial, or in acts of a similar nature that, even if they do not have a judicial nature, the

these can be equated with or be from the same instructories.

Matters evidencing the statutory precept that enshrines the incompatibility of the exercise

of the functions of enforcement officer with the exercise of the judicial mandate, as well as

with the exercise of the activity of judicial administrator.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

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In fact, the special mission of enforcement officers in our legal order obliges-

the, in addition to the duties of associates, to diligently practise the procedural acts of

that they are tasked, to render to the court, to the parties and to third parties the information

determined under the law, to account for the activity carried out, delivering

promptly the amounts, the objects or the documents of which they are holders by

cause of their performance as enforcement agents, and to neither exercise nor allow the

exercise, in your office or society, of non-forensic activities or that are

incompatible with the execution agent activity.

As for the remunerative scheme, the enforcement officer is obliged to apply the tariffs

approved by portaria of the member of the Government responsible for the area of justice. The

fees in appreciation may understand a fixed part, established for certain

types of procedural activity, and a variable part, dependent on the consummation of the

effects or of the intended results with the performance of the executing agent.

On the other hand, it should be noted that enforcement officers who receive annually more than 1

000 processes, or that have outstanding more than 2000 processes, must provide a

collateral in cash, through deposit in favour of CAAJ, which guarantees payment of the

expenses arising from the liquidation of the proceedings to his office, or of the society that

integrate, when they cease temporary functions or definitely or are extinguished the

society, depending on the number of proceedings. The surety guarantees still payment

of the expenses arising from the management and maintenance of the file when the agent of

execution, or the professional society, do not have the conditions to maintain it or not

have transferred the responsibility of the same to another executing agent or

society.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

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For its part, the Statute densifies the regime reaching the box of compensations,

by determining that the said box is intended, specifically, to compensate for the

displacements effected by execution agent, within the comarch itself or to

any place, in the cases of officiating designation, when your costs exceed the value

defined by the porterie of the member of the Government responsible for the area of justice, to be supported

the training actions of the executing agents or of the candidates for this activity

professional, to support the development and maintenance of computer applications

necessary for the exercise, monitoring and surveillance of the activity of agent of

execution and to pay inspection and surveillance services promoted by the Order of the

Solicitors and the Enforcement Agents, as well as financing the activity of CAAJ and the

guarantee fund of the executing agents.

The revenue from the compensation box consists of a permilage of the values

received within the scope of the functions of enforcement agent, to be defined by portaria of the

member of the Government responsible for the area of justice, and may vary depending on the

characteristics of the processes that are entrusted to them.

It should be noted, as to this matter, that, to finance the agents ' guarantee fund

of execution, is captivated 15% of the annual revenue from the compensation box. Deducted

the guarantee fund, is captivated one-third of the revenue from the compensation box for

fund the CAAJ.

The collection of the values due to the compensation box is effected by the Order of the

Autoresponders and Execution Agents automatically, with the payment of the

value over which the permilage is calculated or in advance to the move of the

process.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 308 /XII

18

It is frise that the guarantee fund of the enforcement officers, which is managed by CAAJ, is the

autonomous heritage, jointly and severally responsible for the obligations of the agent of

execution in the face of certain entities, resulting from the exercise of their activity if

there is a lack of provision in any of its accounts-customers or wrongdoing in the

respects moving, accounting for up to the maximum value of 100000 euros per

execution agent.

On the other hand, taking into consideration their intervention in the executive actions, and without

damage to the inspection power committed to the Order of the Solicitors and Agents of

Execution, the enforcement officers are audited by CAAJ.

Please note that it constitutes disciplinary infraction of the executing agent and the societies of

agents of enforcement the violation, by action or omission, of the respects duties (general and

specific).

Regarding disciplinary responsibility, please underscore that, while solicitors

only are subject to the power of the organs of the Order of Solicitors and Agents of

Enforcement, enforcement officers are also subject to surveillance by the CAAJ.

5. To mention that, in the Statute, disciplinary matter is widely regulated, consecrring-

if the great enformative principles that have been pauper the application of sanctions. Ora, in the

which concerne the sanctions, are consecrated as such the warning, the reprimand registered,

the fine, the suspension of the exercise of the professional activity up to a maximum of 10 years and

the definitive interdiction of the exercise of professional activity.

Finally, by implementing themselves in the Order of the Solicitors and the Enforcement Agents o

principle of digitization, it enshrines the one-stop shop, establishing that all the

requests, communications and notifications between the Order of Solicitors and Agents of

Execution and the professionals, professional societies or other organizations

associative associates of professionals, with the exception of those concerning disciplinary procedures,

are carried out by electrolytic means.

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In addition, the Order of Solicitors and Enforcement Agents shall make available

to the general public, through its electronic site on the Internet, reach information,

notably, to the regime of access and exercise of the profession, to the principles and rules

deontological and to the technical standards applicable to its associates, as well as to the

complaint submission procedure or complaints.

Thus:

In accordance with Article 53 (5) of Law No 2/2013 of January 10 and of the d ) from the

n Article 197 (1) of the Constitution, the Government presents to the Assembly of the Republic a

the following proposed law:

Article 1.

Object

The present law transforms the House of Solicitors in Order of the Solicitors and the

Enforcement officers, and approve the respective Statute, in accordance with the Act

n ° 2/2013 of January 10 establishing the legal regime for creation, organisation and

operation of the professional public associations.

Article 2.

Approval of the Status of the Order of Solicitors and Enforcement Agents

It is hereby approved, in annex to this Act and that it forms an integral part, the Statute of the Order

of the Solicitors and the Enforcement Agents.

Article 3.

Transitional provisions

1-Within 180 days of the publication of this Law, the Speaker of the Chamber of

Solicitors, heard the general counsel, promotes the holding of elections for a

mandate that ends in December 2017 of the following bodies:

a) Representative assembly;

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b) Representational assemblies of the colleges;

c) Professional advice of solicitors;

d) Regional Council of Coimbra;

e) Distrital delegations;

f) Delegates concelhios.

2-The organs referred to in the preceding paragraph shall be sworn in within 60 days after the

elections, ceasing functions those that eventually by them are replaced,

notably, the deontological regional sections, the regional delegations of the college

of specialty of enforcement officers and the delegates of circle or comarch.

3-Maintain themselves in office by the end of the term provided for in paragraph 1 and assume the duties

committed to the equiparable organs:

a) The table of the assemblage-german;

b) The Speaker of the House who assumes the functions of bastonate;

c) The general council;

d) The top council;

e) The board of the college of specialty of enforcement officers;

f) The regional councils of Porto and Lisbon.

4-Being necessary to replace some of the members of the organs referred to in the number

previous or increase your number follow the cooptation rules provided for in the

Status of the House of Solicitors, approved by the Decree-Law No. 88/2003, of 26 of

april, amended by the Laws No 49/2004 of August 24, and 14/2006, of April 26, and by the

Decree-Law No. 226/2008 of November 20.

5-For the purposes of the provisions of paragraph 3, they shall remain in office all members of those

organs, even though a smaller number of elements in the new organs are predicted.

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6-A general assembly shall proceed to the approval of all the regulations provided for in the

Status of the Order of Solicitors and Enforcement Agents, approved in annex to the

present law, within two years of the taking of possession.

7-Until its replacement, the regulations approved under the Statute of the House of

Solicitors, approved by the Decree-Law No. 88/2003, of April 26, remain in

vigour, with the necessary adaptations, competing for the general counsel supply eventual

loopholes, unless we are willing to the contrary to the provisions of the Statute of the Order of the

Solicitors and Enforcement Officers, approved in annex to this Law, in case at

that only the provisions that comply with this apply.

8-The general council, within 60 days of the publication of this Law, shall

constitute and regulate a commission installer of the regional council of Coimbra,

which promotes the installation of the organ respects.

9-To the solicitors regularly enrolled in the House of Solicitors, on the date of entry

in force of this Law, full professional quality is recognized to be

enrolled in the college of solicitors.

10-To enforcement officers regularly registered in the House of Solicitors on the date

of entry into force of this Law is recognized the full professional quality for

are enrolled in the college of enforcement officers.

11-You can register in the colleges ' colleges the candidates for solicitors or agents of

execution that have completed with harnessing the respected stage commenced to the

shelter of the Statute of the House of Solicitors, approved by the Decree-Law

n ° 88/2003 of April 26, provided that they do so within five or three years,

respects, as for solicitors and enforcement agents, counted from the

entry into force of the Statute of the Order of Solicitors and Enforcement Agents,

approved in annex to this Law.

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12-The solicitors or enforcement officers regularly enrolled or registered in the Chamber

of the Solicitors, regarding which to check incompatibilities as a result

of the amendments made by the Statute of the Order of Solicitors and Agents of

Implementation, approved in annex to this Law, shall terminate such situations of

incompatibility until December 31, 2017.

13-Executing agents integrating societies have the deadline of one year to opt for the

integration of the processes for which they have been designated as implementing agents in the

society, with full delegation of its processes in that, upon value that

acorders, by ceding the quota or exoneration of the society or to appoint colleague

substitute under Article 174 of the Statute of the Order of the Solicitors and of the

Enforcement officers, approved in annex to this Law.

14-After the elections referred to in paragraph 1, the disciplinary proceedings pending in the sections

deontological regional, which result from the activity of the professional while solicitor,

are transferred to the top council.

15-All references to the House of Solicitors in laws, regulations and other acts

must pass to be understood as referring to the Order of the Solicitors and the

Implementing agents, unless the exercise of the tasks of the Commission is concerned

for the Monitoring of Auxiliaries of Justice (CAAJ), in which case they must be

construed as referring to this one.

16-The value in debt by the executing agents to the box of compensations in proceedings

commenced before March 31, 2009 that has not yet been declared by the

own until the date of entry into force of the Statute of the Order of the Solicitors and of the

Implementing agents, approved in annex to this Law, or which comes to be detached

at supervisory headquarters, is for 60% to the guarantee fund and 40% to the

box of compensations.

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17-The regulation of the accounts-customers of the implementing agents, provided for in Article 171 of the

Status of the Order of Solicitors and Enforcement Agents, approved in annex to the

present law, you can set the deadlines and conditions for the conciliation of the old accounts-

customers, as well as the destination of balances that cannot be reconciled.

18-The solicitor companies and those of enforcement agents constituted before the entry

in force of this Law shall adopt the rules laid down in the Statute of the Order

of the Solicitors and Enforcement Officers, approved in annex to this Law, in the

period of 180 days from the date of its entry into force, under penalty of being able to be

required its dissolution.

19-Execution officers or companies that have to provide the security provided for in the

Article 174 of the Statute of the Order of Solicitors and Enforcement Agents,

approved in annex to this Act, shall deliver half of the established value to 31 of

december 2016, the month following that of its clearance, owing to the other

half jointly with the value ascertained on December 31, 2017.

20-Until the entry into force of all the standards of the Statute of the Order of the Solicitors and

of the Enforcement Agents, approved in annex to this Law, shall remain in force the

Status of the House of Solicitors, approved by the Decree-Law No. 88/2003, of 26 of

april.

Article 4.

Abrogation standard

The Decree-Law No. 88/2003 of April 26, which approved the Statute of the Chamber, is repealed

of the Solicitors, as amended by the Laws n. ºs 49/2004, of August 24, and 14/2006, of 26 of

april, and by the Decree-Law No. 226/2008 of November 20.

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Article 5.

Final provisions

1-In the framework of ongoing disciplinary proceedings, and by deliberation of the Commission of

Discipline of CAAJ, can the processes in charge of the auxiliaries of justice be

apprehended by the same.

2-A reasoned resolution of statement of the public interest of the seizure measure

of processes competes with the CAAJ's governing body.

3-For the purposes of the provisions of Article 36 (2) of Law No 77/2013 of November 21,

consider themselves to be collaborators, at the date of the takeover of the members of the organ of

management of CAAJ:

a) The members of the Management Group of the Commission for the Effectiveness of Executions

who found themselves in a regime of exclusivity of functions, with the exception of the

president;

b) The Executive Secretary provided for in Article 14 of Law No 32/2004 of July 22;

c) The staff carrying out administrative support functions in the Commission for Effectiveness

of the Executions.

4-The collaborators referred to in the preceding paragraph transition to the CAAJ in regime of

contract of work, with career insertion corresponding to the content of the functions

previously exercised, keeping up with the remuneration before self-earned.

Article 6.

Entry into force and production of effects

1-Without prejudice to the provisions of the following number, this Law shall come into force 30 days after

your publication.

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2-The standards of the Statute of the Order of Solicitors and Enforcement Agents,

approved in annex to this Law, which are not necessary for the realization of the acts

election referred to in Article 3, only produce effects 180 days after the entry into

vigour of this Act or on the date of taking possession of the new elected bodies, if this

be earlier.

Seen and approved in Council of Ministers of March 12, 2014

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs

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ANNEX

(referred to in Article 2)

STATUS OF THE ORDER OF SOLICITORS AND AGENTS OF

EXECUTION

From the Order of the Solicitors and the Enforcement Agents

CHAPTER I

General provisions

Article 1.

Denomination, nature and headquarters

1-A Order of the Solicitors and the Enforcement Agents, hereinafter referred to

abbreviately by Order, is the representative professional public association of the

solicitors and the enforcement officers.

2-A Order is a collective person of public law, who in the exercise of his or her powers

public practise the administrative acts necessary for the performance of their duties and

approves the regulations provided for in the Act and in this Statute, independently

of the organs of the State, enjoying legal personality, administrative autonomy,

financial, scientific, disciplinary and regulatory, within the limits imposed by law.

3-Ressalved the cases provided for in the law, the acts and regulations of the Order are not

subject to governmental approval.

4-A Order has its registered office in Lisbon.

Article 2.

Stamp and insignia of the Order

1-A The Order is entitled to the use of seal and insignia of its own.

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2-A insignia consists of the flat figuration of the armilar sphere with the shield of arms

national, having overlaid the scales of justice and intertwined a ribbon with the caption

" Labor Improbus Omnia Vincit ".

Article 3.

Purposes and attributions

1-A Order has as its purposes the control of the access and exercise of the professional activity of the

solicitors and enforcement officers, elaborating, in the terms of the law, the standards

ethical techniques and deontology and exercising the disciplinary power over who exercises

these professional activities, without prejudice to the attributions specifically committed to the

Commission for the Monitoring of Auxiliaries of Justice (CAAJ), contributing

still for the progress of the professional activity of their associates, stimulating the

efforts of its associates in the scientific, professional and social fields, and for the

compliance with ethical rules and professional deontology.

2-Are attributions of the Order:

a) Collaborate in the administration of justice by proposing the legislative measures that

consider appropriate to their proper functioning;

b) To regulate the access and exercise of the solicitor and agent professions of

execution;

c) Assign the professional titles of solicitor and execution agent, issuing the

respects professional ballots;

d) To elaborate and update the professional registration of associates;

e) To elaborate and approve the internal regulations of an associative and professional nature;

f) Issue opinion on the projects of normative acts related to your

attributions;

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g) Defend the general interests of the recipients of the services provided by their

associates;

h) To ensure the social function, dignity and prestige of the profession by promoting the

initial and continuous training of their associates and respect for values and

deontological principles;

i) Defend the rights and interests of their associates;

j) Exercising the disciplinary power over your associates, when you do not find yourself

legally assigned to other entities;

k) Contribute to the relationship with the Order of Lawyers, with others

public and private associations in Portugal and abroad, and may join

unions and international federations;

l) To promote the further professional enhancement of their associates;

m) To foster the development of the teaching of relevant subjects for the financial year

of the professions;

n) Develop or promote the development of informatics platforms and

services that confirm greater transparency, simplify the exercise of the

occupations and operationalize professional activities of the associates;

o) Protect professional titles by promoting the necessary and appropriate measures

to your defence against anyone who uses them illegally;

p) To promote cooperation and solidarity among their associates;

q) To provide, within the framework of their duties, the technical and scientific collaboration requested

by any entities, public or private, when this proves necessary;

r) Participate in the official processes of accreditation and evaluation of the courses giving

access to the occupations of solicitor and enforcement agent;

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s) Recognizing the professional qualifications obtained outside Portugal, under the terms of

law, the law of the European Union or international convention;

t) Exercise the remaining assignments that result from the provisions of this Statute and

of the law.

Article 4.

Tutela

1-A tutelage of legality on the Order of the Solicitors and the Enforcement Agents, nos

terms of the law, it is incumbent upon the member of the Government responsible for the area of justice.

2-Within the framework of the tutelage of legality, the regulations that versem on the stages, the

evidence of access to the profession and professional activities only produce effects after

homologation of the member of the Government responsible for the area of Justice, which if

considers given if there is no decision to the contrary in the 90 days following that of your

prescription, pursuant to Law No. 2/2013, of January 10.

Article 5.

Social security

The social security of the associates is carried out by the Lawyers ' Welfare Box and

Solicitors, pursuant to the applicable legal and regulatory provisions.

Article 6.

Correspondence and official requisition of documents

In the exercise of your legal assignments may the organs of the Order correspond with

any public entities, judicial and police authorities, as well as organs of

criminal police, and may requisition, with exemption from payment of expenses, documents,

copies, certificates, information and clarifications, including the shipment of processes in

trust, owing such requisition to be met in the terms in which the official bodies

must satisfy the requisitions of the judicial courts.

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Article 7.

Duty of collaboration

1-The public entities, judicial and police authorities, as well as the police bodies

criminal, must, under the law, collaborate with the Order, in the exercise of their

functions.

2-Private individuals, whether natural persons or collectives, have the duty of collaboration with

the Order in the exercise of its assignments.

CHAPTER II

Organisation, organic structure, composition of organs and competences

SECTION I

General provisions

Article 8.

Territory

The Order covers the continent and the autonomous regions.

Article 9.

Organization

1-A Order is organized in the function of the territory and the professional activities of the

solicitors and the enforcement officers.

2-In the territorial plan the Order is organized on three levels:

a) National;

b) Regional;

c) Location.

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3-In the plan of the professional activities the Order is made up of the following colleges

professionals:

a) College of solicitors;

b) College of enforcement officers.

4-The associates of the Order may belong simultaneously to one or more colleges

professionals, without prejudice to the incompatibilities and impediments of activity, in the

legal terms.

Article 10.

Division in regions

1-Without prejudice to the provisions of the following numbers, the regional division of the Order coincides

in number and territory with the areas of competence of the courts of Relation.

2-As long as the disaggregation referred to in the following number, the region of Lisbon

covers the areas of jurisdiction of the courts of the Relation of Lisbon and of Évora, and the

region of Porto, the areas of competence of the courts of the Relation of Porto and of

Guimarães.

3-By deliberation of the general assembly, taken by a simple majority of its members,

can the regions of Lisbon and Porto be disaggregated, in the case of the number of

associates of the area of competence of the court of the Relation of respect shall be greater than 10%

of the associated.

4-Should it be found that the number of associates of the competency area of the court of

Respectable relation is less than 10% of the associates, the general assembly may deliberate the

aggregation of that region to the limitrofe region that has lower number of associates.

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5-It is up to the general council to nominate the respective installed commissions and define the means and

the deadlines to carry out aggregation or breakdown, depending on the provisions of the

previous figures, and may such a deliberation be amended by the representative assembly,

within 90 days.

6-The headquarters of the regional councils are in Lisbon, Porto and Coimbra.

Article 11.

Division in distrital delegations

1-A The local division of the Order coincides in number and territory with the districts

administrative.

2-Without prejudice to the provisions of the preceding paragraph, in the administrative districts in which the

number of effector associates is less than 25, the district delegations are aggregated to the

district delegation confining with lower representativeness.

3-Each of the autonomous regions corresponds to a district delegation, not to

other distrital delegations may be aggregated.

4-It is up to the general council to decide aggregation or disaggregation as a function of the provisions of the

n. 2, may such a deliberation be amended by the general assembly within 90 days.

5-By deliberation of the general assembly can the district delegations be aggregated or

disaggregated in such a way as to make them coincide with the judicial map approved by the Law of

Organization of the Judicial System.

6-In the case of a district delegation occupying the area of competence of more than one

court of Relation, the general counsel shall determine to which region and district delegation

become affections the associates of each of the respective county respects, and may this

deliberation to be amended, by general assembly, if the same is required by the deadline of 90

days.

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Article 12.

Determination of the number of associates

1-For effect of the provisions of the preceding Articles, in the determination of the number of

associates are considered those enrolled on December 31 of the previous year.

2-A regional and local distribution is ascertained having on the basis of professional domicile

declared by the associate until December 31 of the previous year.

Article 13.

Organs of the Order

1-Are national bodies of the Order:

a) The congress;

b) The assemblage-geral;

c) The representative assembly;

d) The bastonary;

e) The top council;

f) The general council;

g) The tax council;

h) The representative assemblies of the professional colleges;

i) The professional advice.

2-Are regional bodies of the Order:

a) The regional assemblies;

b) The regional councils.

3-Are local bodies of the Order:

a) The dystrital assemblies;

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b) The distrital delegations;

c) The concelhios delegates.

4-A protocolar hierarchy of the holders of the organs of the Order is as follows:

a) Bastonary;

b) President of the top council;

c) President of the assemblage table-geral;

d) Provider;

e) Chairman of the tax council;

f) Presidents of professional boards;

g) Chairs of the regional councils;

h) Chair of the table of the representative assembly;

i) Chairpersons of the tables of the representative assemblies of the professional colleges;

j) Chairpersons of the desks of the regional assemblies;

k) Presidents of district delegations;

l) Delegates concelhios.

5-In all collegial bodies in which you are designated a President, this, or your

substitute, have quality voting in the event of a tie in the votes.

6-In the event that the replacement of members of the collegial bodies is called for

the alternates by the ordinance of the respective lists presented.

Article 14.

Competencies

1-The competences of the national bodies of the Order shall be exercised in a manner

guarantee:

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a) The national character of the Order as a representative public association of those

who exercise in Portugal the professional activities foreseen in the present

Statute;

b) The need to foster the unity of their associates;

c) The respect for the characteristics and interests of the professional colleges themselves;

d) The respect for individuality and autonomy of the regions;

e) The need to integrate regional actions by inserting them into national plans.

2-The national bodies of the Order exercise their skills in matters of character

national, specifically:

a) The defence and improvement of the conditions for the exercise of the professions provided for in the

this Statute, specifically by the participation in the drafting of provisions

legislative and regulatory;

b) The intervention with the organs of the central administration or other entities of

national scope;

c) The development of international relations of the Order;

d) The monitoring of teaching in the licentials in soliciting advice and law;

e) The appreciation of the levels of training, competence and experience required for the

admission of associates;

f) The assessment of the requirements necessary for the allocation of the securities of

specialization;

g) The identification of national problems with incidence in the area of justice;

h) The assessment of the needs for valorization of the activity of their associates,

specifically in the scientific and technical plans as well as its intervention

social;

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i) The preparation of national plans, coordinating, in the medium and long term, the whole

of the activities to be developed by the professional colleges, the regions and the

delegations;

j) The development of cultural initiatives, specifically those related to

library and the editorial activity;

k) All those that are not exclusively assigned to regional or local bodies

and those that this Statute provides for or which will be granted to them or

delegated.

3-Compete each organ to approve the regiment respect applying, in the absence of this one, with

the necessary adaptations, the regiment of the general assembly.

4-Without prejudice to the meetings determined by this Statute, it shall compete with each organ

define the periodicity of their meetings.

Article 15.

Proportionality in the application lists

1-The lists of candidates for national collegial executive bodies should ensure the

application of associates coming from all regions.

2-The lists of candidates for regional executive bodies should ensure the application

of associates coming from more than half of the respective district delegations.

3-The lists of applications must ensure that any of the professional colleges have in the

minimum a share of a third of candidates.

4-A candidate who belongs to more than one college can fill the quota of

any college.

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Article 16.

Choice of cargo

1-With the limits set out in paragraph 3 of the following article and in Article 69, an associate may

be a candidate for more than one body of the Order, but may only take possession in a

only organ, without prejudice to the posts that are occupied by inherence.

2-Applicants who integrate an executive body from another public association

professional can only take possession in a body of the Order after they waive the

functions in the other public association.

Article 17.

Incompatibilities in the exercise of functions

1-The exercise of executive, disciplinary and supervisory functions in organs of the Order is

incompatible with each other.

2-The post of holder of organ of the Order is incompatible with the exercise of any

leadership roles in the civil service and with any other function with which to

check out a manifest conflict of interest.

3-The provisions of the preceding paragraph shall not apply:

a) To the provider;

b) To employees in public roles provided for by solicitors

expressly provided for in the organic frameworks of the corresponding services and

to the contractors for the same effect;

c) To those elected to the representative assemblies, district delegations and delegates

concelhios.

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Article 18.

General rule of convocation

1-The meetings of the collegiate bodies of the Order are convened by the respected President

or, in the cases provided for in this Statute, by the bastonary, preferentially by way of

electro.

2-A The first meeting of the collegial bodies that do not have yet president is convened

by the first member of the most voted list, to whom it is incumbent to direct the work up to the

election of the table.

SECTION II

National bodies

SUBSECTION I

Bastonary

Article 19.

Bastonary

1-The bastonary is the president of the Order.

2-Unless in respect of the higher board and the tax board, the bastonary is entitled

attending meetings of the collegiate bodies of the Order, on the respectful table, if there is,

having the right to intervene and to propose freely, even if you are not entitled to

vote.

Article 20.

Competencies

1-Compete to the bastonary:

a) Represent the Order in judgment and outside of it, specifically in the face of the organs of

sovereignty;

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b) Ensure compliance with the legislation concerning the Order and the respects

regulations, as well as to ensure that they carry out their assignments;

c) Chairing the general council and the congress;

d) Promoting the implementation of the deliberations of the general assembly, of the assembly

representative, of the top council and of the general council;

e) Proceed, on its own initiative or upon request from other organs, to the

constitution of the Order as an assistant in criminal proceedings, to the promotion of actions

judicial, or to the defence of the Order in action in which this is demanded;

f) Submit to any organ of the Order or to the respects associated with the elaboration of

opinions on matters that are of interest to the tasks of the Order;

g) Preside over any commissions or indicate an associate of the Order for such

functions;

h) Decide on applications for dispensation of professional secrecy and authorize

public interventions on outstanding professional issues;

i) Please appeal to the top council of the deliberations of all the organs of the

Order, including from the general council, which judges contrary to the laws and the

regulations;

j) Exercise in urgent cases the competences of the general council;

k) Convene the representative assembly;

l) Convene, excecionally, the meeting of any collegiate body of the Order or

even the joint meeting of one or more bodies under the terms of paragraph 1 of the

article 18;

m) Exercise any other powers or functions delegated to you by the

general counsel or by the representative assembly;

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n) Designate a Secretary-General who, in addition to the powers delegated to it,

attends the meetings of the general council and the representative assemblies, save

deliberation of these in a contrary sense, and may issue certificates of the deliberations

of the organs of the Order;

o) Exercise the remaining functions that the laws and regulations ascribe to you.

2-A competence referred to in paragraph and ) from the previous number confers to the bastonary, by

deliberation of the general counsel and heard the organ concerned, decide to react or not, on the whole

or in part, in respect of disputes in which the Order is demanded.

3-The bastonary can delegate any of its competences in the members of the

general counsel, individually considered or brought together in committees, or still in

working groups by these directed.

4-The bastonary may delegate to the Secretary-General the skills identified in the d)

of paragraph 1.

Article 21.

Competences of the Vice-Presidents

It is incumbent on Vice-Presidents:

a) Coating the bastonary in its functions, replacing it in its absences or

impediments;

b) Carry out the competences delegated to them by the bastonary or that

result from this Statute.

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SUBSECTION II

General assemblage

Article 22.

Composition and competence

1-A The general assembly consists of all associated with enrollment in force.

2-Compete to the general assemblage:

a) Electing the bastonary, the table of the general assembly, the top council, the board

general and the representative assembly;

b) Impeding the organs that compete you to elect, determining the convocation of

elections;

c) Approve your regiment;

d) Approve proposed amendments to this Statute;

e) Approve the call for referendum after issuance of assent on the

legality of the same by the top council;

f) Discuss and vote on the activities plan, the budget, the report and the accounts of the

general advice;

g) Approve the deontological code;

h) Approve the election regulations;

i) Set the value of fees and quotas, taking into consideration the maximum limits

provided for in this Statute;

j) Deliberating on the creation of specializations and outoring the respective titles;

k) Assign the provider and the official reviewer of accounts;

l) Ascribe the quality of honorary associate of the Order.

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3-Unless otherwise stipulated, it is also incumbent upon the general assembly to approve the

regulations of the Order, on a proposal from the general council, on the terms and with the exceptions

following:

a) The proposals for disciplinary regulation are presented by the top council,

being compulsorily listened to the general counsel, the chairs of the councils

professionals and the CAAJ, whose opinion is binding on the standards that

respect to enforcement officers;

b) In the proposals for regulation that concern financial and management matters

internal of the Order are heard the upper board and the tax council;

c) In the proposals for a regulation that concern matters that affect

exclusively determined professional activity, is always heard the advice

professional respect, and may this submit the proposals to the assessment of the

representative assembly of the college, being similarly heard from CAAJ when

relate to enforcement officers;

d) The general assembly can delegate to the representative assemblies of the colleges

professionals the approval of regulations that exclusively affect

certain professional activity, and the delegation of competences shall define

the object, the sense, the extent, the limits and the duration of the delegation.

4-The competences provided for in points f ) a m ) of paragraph 2 and in paragraph 3 may be delegated to the

representative assembly, in whole or in part.

Article 23.

Table

1-A table of the general assembly consists of the President and the first and second

secretaries.

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2-In the event of a lack or hindrance, the President shall be replaced by the Prime Secretary and,

in the absence of this one, by the second-secretary.

3-In the absence, in whole or in part, of the members referred to in the previous figures to the assembly-

general chooses from among the associates present those who should constitute or supplement the

table.

4-Compete to the president of the table:

a) Coordinate with the presidents of other election desks the dates of the achievements

of assemblies that should not overlap, by prevailing national meetings

on the remaining ones;

b) Convene the assembly;

c) Check the number of presences;

d) Drive the proceedings, listening to the table, without prejudice to the appeal to the House;

e) Initiating and signing the atas;

f) Give possession to the new organs in the 30 days following your election.

5-Compete to the remaining members of the assembly table coadjug the president in the

respect decisions and ensure the drafting of the minutes, the scrutiny and the registration of

presences.

6-Compete at the table constitute in electoral commission, in the general election assemblies and

in the referendums, announcing in advance the distribution of the number of representatives

by district delegations, coordinating and directing the voting process and ensuring

the equality of applications, or options, under the electoral regulation.

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Article 24.

Convocation, documents, representation and quorum

1-A general assembly is summoned by expedited postal notice with minimum advance notice

of 10 days, for the institutional mail of the associates, being simultaneously disclosed

on the site of the Order and in advertisement published in daily newspaper.

2-In the non-election general assemblies the postal notices referred to in the preceding paragraph are

replaced by communication effected via electro mail to the address

institutional of the associate.

3-The documents to be adopted, specifically the proposals for regulations or

deliberations necessary for the debate of the agenda items, shall be

made available through the institutional electronic mail of the associates.

4-An associate may be represented at the meetings of the general assemblies on the other,

provided that the mandatary does not represent more than five associates.

5-A approval of proposals for amendments to this Statute, call for a referendum,

or removal of national organs, require the presence, or representation of a minimum

of 10% of the registered associates and favorable voting of two-thirds of these.

6-Not being present, at the appointed time in the convocation, half of the members who

constitute the general assembly, this gathers 15 later, being, without prejudice to the

previous number, valid the deliberations taken with any number of presences.

Article 25.

Meetings

1-A The general assembly meets:

a) In December each year, to discuss and vote on the plan of activities and the

budget of the general council for the following year;

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b) In March of each year, to discuss and vote on the report and the council's bills

general relating to the previous financial year;

c) For the realization of the elections provided for in this Statute and for the realization of

referendums;

d) The application of the bastonary, the tax council or at least one tenth

of those associated with enrollment in force;

e) By the decision of the table itself to discuss and vote the regiment.

2-From the application mentioned in the letter d ) of the previous number is stated in the order of

work.

3-A The general assembly normally meets in Lisbon.

4-A The application of the bastonary, the general assembly can gather outside of Lisbon, in the case

of its realization coinciding with the congress or representative assembly.

5-The president of the bureau shall convene the assembly within 10 days, to gather in the

20 days after the receipt of the application mentioned in the paragraph d ) of paragraph 1.

6-In the deliberative assemblies the chair of the table can aggregate points of the order of

work in a same assembly.

7-Not being possible to complete the order of works on the announced day, the table elaborates minutes

and summon the associates present to meet in new day and time, within 15

days, with the aim of completing the discussion and voting of the missing points,

promoting the dissemination of the continuation of the general assembly together of the remaining

associated with the site of the Order and through electro mail.

8-For the purpose of validity of the deliberations of the general assembly, they are only considered

essential the formalities of the convocation referred to in paragraph 1 of the preceding article.

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SUBSECTION III

Representative assembly

Article 26.

Composition

The representative assembly is composed of 51 associates elected by universal suffrage,

direct, secret and periodic.

Article 27.

Meeting

1-A representative assembly convene on the initiative:

a) From the bastonary;

b) Of the general council;

c) Of at least one third of its members;

d) Of the tax council;

e) By deliberation of the representative assemblies of any of the colleges

professionals or the regional assemblies, approved by qualified majority of

two thirds of its members.

2-A representative assembly shall be convened with a minimum of eight days of

advance notice.

3-The representative assemblies referred to in the and ) of paragraph 1 shall be convened in the

30 days subsequent to the recetion of the call for convocation, which must come accompanied

of the items in the order of intended work and of the proposals to be submitted to the assessment

of the assembly.

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4-The fact that the representative assembly has been convened in the terms of the figures

previous does not preclude inclusion in the convening of other points in the order of

work, by deliberation of the table or the application of the bastonary or the board

general.

5-The quorum for operation of the representative assembly is:

a) More than half of its members, without prejudice to being able to deliberate, in second

convocation, with the presence of at least one third of its members;

b) More than half of its members, in the case of deliberation on proposal of

amendment of this Statute.

6-The subjects submitted to the vote shall be approved by an absolute majority of the votes

validly expressed, excluding abstentions, save in the case of the approval of tender

of amendment to this Statute, to which it lacks an absolute majority of all the

representatives.

7-At the first meeting of the representative assembly, in each term, it is elected, among the

its members, a table composed of a president and two secretaries, to whom

is incumbent on the conduct of the works

8-A The table of the assembly referred to in the preceding paragraph may be freely replaced by the

representative assembly, provided that this has been convened with that matter in the

order of works.

9-It Is Incumbent on the Assembly to represent the one-off replacement of members of the table, in

case of absence or hindrance of any of the members who for the same hajam were

assigned.

10-The general council makes itself compulsorily represented in the sessions of the assembly

representative and in their commissions through the bastonary or substitute that this

designe, without the right to vote.

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11-Too many members of the general council may intervene in the debates, upon request

of the representative assembly or with the annuence of the bastonarium, on a table of its own and without

right to vote.

12-A The presence at the meetings of the representative assembly is mandatory, and the absence may

be justified in the face of the top council in the 10 days following the holding of the meeting.

13-A representative assembly of representatives meets preferentially at the headquarters of the

Order, and may gather in another locality by decision of the bastonary.

Article 28.

Competence

It is incumbent on the representative assembly:

a) Elect and impeach the respected table;

b) Electing commissions to deal with specific subjects;

c) Deliberating on the subjects of the competence of the general assembly, or of the council

general, which are delegated to you or submitted for consideration.

SUBSECTION IV

General advice

Article 29.

Composition

1-Compose the general advice:

a) The bastonary;

b) Three vice-presidents;

c) Two secretaries;

d) The treasurer;

e) Five vowels.

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2-Integrate still the general advice, by inherence:

a) The chairs of the professional councils;

b) The presidents of the regional councils.

Article 30.

Meetings

1-The general council is chaired by the bastonary or, in the event of an absence or

impediment, by the first vice president and, in the event of an absence or hindrance

of both, by the second vice-president.

2-deliberations are taken by a simple majority, and may be taken through

written deliberation obtained by computer means.

3-Members act on individual basis and not as representatives of the remaining bodies

that they can integrate, save when they have been expressly requested to mandate

to the effect.

4-The general council cannot meet without the presence of the majority of its members and the

bastonary or one of its substitutes.

5-The bastonary may invite third parties to participate in the meetings, by staying this

possibility always subject to approval by the majority of the members, in the case of the

participant not be associated with the Order.

6-Without prejudice to the provisions of the preceding paragraph, only the members of the general council

have a right to vote, not be allowed to represent themselves.

7-The minutes of the meetings and the certificates of the deliberations are signed by the bastonary and by

one of the secretaries, and shall contain the result of the votes and the possible declarations

of voting, as well as to classify, substantiating, the deliberations that have character

reserved.

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Article 31.

Competence

1-Compete to the general council:

a) Elaborate the budget and activity plan proposals, to be submitted

to the assemblage-geral;

b) Homologation of the general lines of the action programmes of the professional colleges and

of the regional councils, with the aim of checking their articulation with the plan

of activities;

c) Propose to the general assembly the regulation of specializations, listened to the respects

professional colleges and those interested;

d) Submit to the general assembly requests for opinion or deliberation on subjects

of particular relevance to the Order;

e) To propose to the general assembly amendments to this Statute and the realization of

referendums;

f) To propose to the general assembly the designation of honorary associate;

g) To develop the international relations of the Order;

h) To promote the collection of the revenue of the Order and to authorize the realization of expenditure;

i) Exercising the competences defined in the law in respect of nationals of States-

Members of the European Union and of the European Economic Area wishing to

exercise duties in Portugal as a solicitor;

j) Enroll associates and intern associates, as well as deliberate any

issues concerning the enrolment of associates;

k) To ensure the good conservation, upgrading and operationality of the general register of the

inscriptions of associates and professional associates of associates;

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l) To ensure the electoral commission the means necessary for the organization of elections and

referendums;

m) Deliberating on the purposeful, the defense, the transaction, the confession and the desistance of

judicial actions;

n) Divesting or burdening goods, borrowing and accepting donations, inheritances and

legacies;

o) Fix the emoluments due by the issuance of documents or practices of acts

in the scope of services of the Order;

p) Issue binding opinions on omissions or loopholes of this Statute and

of the regulations, after being heard the professional advice when you treat yourself

of matter concerning the professional activities;

q) Elaborate and approve the remaining regulations not provided for in this Statute,

specifically the regiments of possible institutes and commissions, as well as

relating to the operation of information systems in charge of the Order;

r) Participate in the official processes of accreditation and evaluation of the courses giving

access to the occupations of solicitors and enforcement agent, obtaining opinion from the

respects professional colleges;

s) Managing the goods and services of the Order, respecting the needs of colleges

professionals and regional structures, from them by presenting accounts to the assembly-

general;

t) Elaborate and approve the internal regulation of the Services of the Order, including the

concerning the assignments and competences of its staff and those relating to contracting

and dismissal of the staff of the Order;

u) Admit and fire the employees of the administrative services and to effect

service contracts;

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v) Mandate any effective associates of the Order for the exercise of roles

specific;

w) Approve the social pacts of professional societies integrated by solicitors

or enforcement officers provided for in this Statute;

x) To approve the standards of operation of the Services of the Order;

m) Exercise all skills other than the exclusive competence of others

organs.

2-The general council may delegate any of its competences in the bastonary, in

any others of its members and in commissions by these constituted.

3-The general council may delegate to the Secretary-General the skills referred to in the

points h), j) k), l) and s) of paragraph 1.

SUBSECTION V

Top board

Article 32.

Composition

1-The top council is the supervisory body of the Order, composed of 11 members

elected by universal, direct, secret and periodic suffrage, having the president vote of

quality.

2-The top council is independent in the exercise of its duties and the respect

composition can include up to a third of elements that are not associated.

3-The council elects, from among its vowels, a vice-president and a secretary.

Article 33.

Competence

1-Compete to the top council, in the framework of supervision:

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a) Ensure compliance with this Statute and the other legal provisions and

regulations applicable by the other organs of the Order, without prejudice to the

specific skills of the tax council;

b) Receive the communications of irregularities over the operation of others

organs of the Order and order the opening of surveys or syndications, designating

the instructor-led respects;

c) Resolve conflicts of competence among the other organs of the Order;

d) Effector participation of irregularities to the bastonary and, when justifying, to the

administrative tutelage entities or the criminal investigation authorities

competent;

e) Issue opinion on the text of the proposed referendum and on its compliance

with the law and this Statute;

f) Deliberating the resources of the decisions of the electoral commission that are

presented;

g) Deliberate on the resources that are presented to you as to the refusal to

enrollment as an associate of the Order, to the refusal of approval of social pacts of

societies or the refusal of the respected records.

2-Compete to the top council, in the disciplinary scope:

a) Exercising the disciplinary power over the associates of the Order, without prejudice to power

discipline committed to CAAJ;

b) Exercising the disciplinary power over enforcement officers when they are in

causes violating conducts of the duties towards the Order and towards the

associates provided for in points a ), and ) a h ) and k ) of Article 124 (2), in the

article 125 and in Article 130;

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c) Draw up proposal for a disciplinary regulation to be submitted for the approval of the

general assembly, ears the general council, the chairmen of the councils of the

professional colleges and CAAJ, with regard to the activity of the agents of

execution, being, in the latter case, its binding opinion;

d) Pronounce on the proposals for regulations that versem on ethics,

deontology, surveillance and application of sanctions in development of the present

Statute;

e) To ensure compliance with the standards of professional deontology, and may,

specifically, conduct inquiries and convene associates to provide

statements;

f) Carry out inspections and audits through its members, of associates, of

workers or external entities contracted for the purpose, giving

knowledge to CAAJ, of inspections and audits respecting agents of

execution;

g) Communicating to the general council the disciplinary decisions that are not liable to

resource, as well as those of a cautionary nature, in order to proceed to its registration and

possible disclosure;

h) Communicating to CAAJ the disciplinary decisions that are not actionable,

as well as those of a cautionary nature, when they respect them to associates who

are also found to be enrolled as enforcement agents, for the purpose of

finding of disciplinary responsibility in this capacity;

i) Deliberating on resources that are directed to you regarding decisions on

requests for the dispensation of professional secrecy;

j) Exercising the remaining skills assigned to it by law or by

regulation.

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3-The disciplinary power of the top council concerning enforcement officers observes the

following assumptions:

a) They consider themselves specifically from the competence of the higher board the

disciplinary proceedings that result from the failure to perform constant duties

of the points a ), and ) a h ) and k ) of Article 124 (2), in Article 125 and in Article 130;

b) The introduction of disciplinary proceedings against enforcement agent, the prosecution

deducted by the higher board and the final decision are communicated to CAAJ;

c) CAAJ may avocate the process in question whenever it considers it relevant,

specifically by virtue of the existence of other disciplinary processes

pending or for considering that the facts set out in the prosecution are susceptible

of lesar third-party non-associates.

4-Compete still to the top board check the existence of incompatibilities,

escuses, impediments and suspicions, as well as the inidoneity of the professionals.

5-The higher council, for the exercise of the competence set out in paragraph a) of paragraph 1, may

request the competent body copy of deliberations, minutes of meetings and contracts

celebrated.

Article 34.

Health

1-For the regular performance of its functions, the higher board creates sections,

comprised of a minimum of three of its members, with relative competence to each

one of the professional activities, designating the members who preside them and

secrete.

2-The top council may still set up special commissions of regional, local or

intended for the liquidation of offices or of societies, the latter being always presided over

by a member of the top council.

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3-Without prejudice to the provisions of paragraph 3 of the preceding Article, the decision of the proceedings

disciplining and the appreciation of incompatibilities, impediments, escuses and suspicions,

compete for the section of the respect professional activity, and the practice of the remaining acts may

and formalities to be delegated to third party habilitated or one of the committees

referred to in the preceding paragraph.

4-Of the decisions of the sections rests with the plenary of the top council.

5-Are exclusive competencies of the top council plenary:

a) The supervision referred to in paragraph 1 of the previous article;

b) The judgment of disciplinary proceedings, in the first instance, instituted

against the bastonary, the members of the general council, the members of the councils

professionals or the members of the upper board, when it is not in question the

exercise of duties as an enforcement agent;

c) The resources of the decisions taken by the sections in disciplinary matters;

d) The resources of decisions in relation to incompatibilities, impediments,

escuses and suspicions, as well as inidoneity for the exercise of the profession;

e) The cancellation of the enrolment of associate by inidoneity ascertained in the framework of the

professional exercise in one of the specialties.

6-The decisions of suspension and definitive interdiction of the exercise of professional activity

of the associates referred to in b) of the preceding paragraph, when it is not in question the

exercise of duties as an enforcement agent, and the incidental penalties of loss of the

mandate or inhibition of electoral capacity of those associates have to be

deliberated by the upper council plenary by a qualified majority of two thirds

of its members.

7-Decisions handed down by the top council are challenging together with the courts

administrative, in the terms of the laws of the administrative procedure.

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SUBSECTION VI

Tax advice

Article 35.

Composition

1-The tax council is composed of a president and a secretary.

2-Integrates still the tax board an official reviewer of accounts, which can be a person

singular or collective.

Article 36.

Competencies

1-Compete to the tax council:

a) Examine the accounts;

b) Issue opinion on the activity reports and the accounts of each exercise,

presented by the general council, as well as on the draft proposals for

activities and budget;

c) Present to the general council suggestions on the economic-financial management of the

Order;

d) Apply for the convening of the general assembly, when you consider that there are flaws

serious in the economic-financial management of the Order.

2-The application referred to in para. d) of the previous number must be approved by all

the members of the tax council.

3-Without prejudice to the performance of the other members of the tax council, it is incumbent upon the reviewer

officer of accounts proceed to review and legal certification of accounts, owing

all examinations and checks required for the purpose.

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4-The tax council may ask the competent body for the copy of the deliberations, of the minutes

of meetings and contracts that it considers to be relevant.

SUBSECTION VII

Congress

Article 37.

Composition

1-The congress represents all effective associates, honorariums and correspondents of the

Order, as well as the trainees.

2-Can be invited, as observers, the representatives of other associations

public professionals or national and foreign public and private entities.

3-The congress is composed of the members of the national and regional bodies, by the

members of the professional boards and by delegates elected by each district delegation

second a proportional system, according to the highest average method of

Hondt.

4-Members who are not elected delegates, as well as the providers in territory

national of professional services controlled by the Order in regime of free provision

of services may participate in the congress by the title of observers, and may intervene

without the right to vote.

Article 38.

Realization

1-The congress is held, ordinarily, every four years and,

extraordinarily, by decision of the bastonary, by deliberation taken by majority

qualified three-quarters of the members of the general council present or by

deliberation, taken by an absolute majority of the gifts, of the general assembly.

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2-Decisions or deliberations on the extraordinary achievement of the congress shall

mention the order of work.

3-The congress is summoned by the bastonary, with the minimum advance of:

a) Six months, if it meets ordinarily;

b) One month, if it meets extraordinarily.

4-The congress is organized by a commission constituted for the purpose, appointed by the

general advice.

5-A The organizing committee designates the commission of honour and the secretariat.

6-The secretariat submits to the approval of the organizing committee the programme and the

regiment of the congress, ensuring its execution.

Article 39.

Competencies

It is incumbent upon the congress to pronounce on the exercise of professional activities

exerted by the associates of the Order and on the issues of the legal order and its

consequences on the rights, freedoms and guarantees of citizens.

SUBSECTION VIII

Representational assemblies of the professional colleges

Article 40.

Composition

1-Each vocational college has a representative assembly that is composed of 21

members.

2-The professional council participates in the representative assembly of the vocational college

at a table of their own, without a right to vote.

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Article 41.

Meetings

1-Representative assemblies of each of the professional colleges meet:

a) Until the October 15, for approval of the activities plan and proposal of

budget to be considered in the activities plan and in the budget of the

Order for the following year, upon proposal by the professional council

respect;

b) Until March 31, to issue opinion on the respect of the report of

activities and accounts of the previous year;

c) By decision or deliberation of the professional council, the chairman of the board

professional, bastonary, general council or by application subscribed, by the

less, by a third of the elected representatives.

2-Applying to the representative assemblies of the professional colleges the willing as to the

organization and operation of the representative assembly, with the necessary

adaptations.

3-The meetings of the representative assembly of the professional colleges take place

preferentially at the headquarters of the Order.

Article 42.

Competence

It is incumbent on the representative assemblies of the professional colleges:

a) Elect your desk;

b) Approve proposals for regulation of exercise of respect for activities

professionals to be subject to the representative assembly;

c) To propose to the general assembly the creation of specialisations;

d) Approve the plan of activities presented by the professional council;

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e) Approve the report of activities of the professional council;

f) Approve the convening of representative assembly;

g) Approve the convening of early elections for the professional council.

SUBSECTION IX

Professional advice

Article 43.

Composition

Each college has a professional board made up of a president, a vice-

president and three vowels.

Article 44.

Meetings

1-Each professional council meets ordinarily every two months, and may

gather extraordinarily upon convocation of your president.

2-The operation of each of the councils is supported by the administrative departments,

on the terms to be set out between the professional council and the general council.

Article 45.

Competence

It is incumbent on each professional council:

a) Represent the professional colleges;

b) Discuss and propose measures relating to professional issues within the framework of

professional activity, specifically, as for admission, qualification,

updating and specialization of the associated respects;

c) To analyze and prepare the processes of enrolment of associates in the vocational college;

d) Issue opinion on subjects of professional activity;

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e) Issue opinion on the accreditation and evaluation processes of the courses giving

access to the profession;

f) Issue opinion on the good practices of professional activity;

g) Issue lauds on fees, when such is requested by the associates, by the

courts or other stakeholders;

h) Constitute arbitral tribunals and appoint their presidents for resolution of

conflicts, particularly referring to delegations for the practice of acts,

fees or calculation of the value of social shareholdings, among colleagues who

exercise the same professional activity or between partners of the same society

professional;

i) Support the general counsel in the matters concerning the respect of respect for professional activity;

j) Participate in the coordination of the overall activity of the Order, notably through the

your president;

k) To develop supervisory and inspection actions of the associates enrolled in the

vocational college, participating in any occurrences to the disciplinary bodies

competent;

l) Nominate representatives to, from the regions or district delegations, in

articulation with the organs ' respective respects, provide assistance in the framework of proceedings

of inscription;

m) Submit the plan of activities and budget proposal to integrate the plan of

activities and the budget of the Order for the following year, as well as the reports

of activities and accounts to the approval of the representative assembly of the college

professional respect;

n) Present to the general council, until the October 15 of each year, proposal of

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plan of activities and budget to be considered in the activities plan and

in the budget of the Order for the following year.

SECTION III

Regional bodies

SUBSECTION I

Regional assemblies

Article 46.

Composition

The regional assemblies consist of all associates with enrollment in force

in the respects regions.

Article 47.

Competence

It is incumbent on regional assemblies:

a) Elect the table;

b) Appreciate the acts of management of the regional bodies ' respective respects;

c) Approve the activities plan and the budget proposal to be considered in the

activity plan and in the budget of the Order for the following year;

d) Issue advice on the reports of activities and accounts, which are to them

submitted by the regional councils;

e) Appreciate matters which, within the framework of this Statute, are submitted to them;

f) Deliberating on the convening of the representative assembly;

g) Approve the convening of early elections of the regional council;

h) Exercise the remaining powers provided for in this Statute.

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Article 48.

Meetings of the regional assemblies

1-Regional assemblies meet in the months of March and September, to exercise the

competencies provided for in ( c) and d ) of the previous article.

2-The regional assemblies meet:

a) Where the respective regional councils consider it to be necessary by

deliberation taken by an absolute majority of its members;

b) By application subscribed to at least by 10% of its members.

3-The deliberations of the regional assemblies do not bind the national bodies of the Order.

4-In the regional assemblies apply, with the necessary adaptations, the provisions

intended for the general assembly as to its convening and operation.

SUBSECTION II

Regional councils

Article 49.

Composition

The regional councils are constituted by a president, a secretary and three vowels.

Article 50.

Competencies

It is incumbent on regional councils:

a) Represent the Order in the regions;

b) To collaborate with the other organs of the Order in the exercise of their competences;

c) Manage the activities of the respective regions, under the terms of this Statute and the

regulations;

d) Administer the goods entrusted to them;

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e) Require the convening of regional assemblies;

f) Submit the proposal for activities and budget plan to be integrated into the plan and

budget of the Order for the following year, as well as the respected reports of

activities and accounts for the approval of the regional assembly;

g) Present to the general council, until the October 15 of each year, proposal of

activity and budget plan to integrate the activities plan and the budget

of the Order for the following year;

h) Collaborate in the operation of the internships, in the terms of the respects

regulations and powers delegated by the general council;

i) Collaborate in the realization of the electoral acts and referendums, according to the

determinations of the responsible bodies;

j) Collaborate on the receiving and instruction of applications for enrollment, in the terms to be defined

by the professional councils;

k) Coordinate the activities of the district delegations;

l) To propose to the general council the admission or dismissal of workers

administrative of the services of regional and local scope, without prejudice to the

skills that are delegated to them in this matter;

m) To publish and carry out material acts necessary for the implementation of decisions

spoken in the disciplinary proceedings in which they are convicted associated with

professional domicile in the respect of region;

n) Organizing and directing the respective administrative services.

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SECTION IV

Local bodies

SUBSECTION I

Dystrital assemblies

Article 51.

Composition

The district assemblies consist of all associates with enrollment in force

on the territory's respected territory.

Article 52.

Competence

It is incumbent upon the district assemblies:

a) Appreciate the acts of management of the local bodies ' respective respects;

b) Approve the proposals for activities and budget plans to integrate the

budget of the Order for the following year, as well as the opinions on the

respects reports of activities and accounts that are submitted to them by the

dystrital delegations;

c) Appreciate matters which, within the framework of this Statute, are submitted to them;

d) Deliberating on the convening of the regional assembly;

e) Approve the convening of early elections of the district delegations;

f) Elect the delegates to the congress;

g) Exercise the remaining powers provided for in this Statute.

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Article 53.

Meetings

1-Distrital assemblies meet ordinarily for approval of the respects

activity and account reports until March 31 of each year and until September 30

for approval of the proposal for activities and budget plan to integrate the

budget of the Order relative to the following year.

2-Distrital assemblies meet extraordinarily whenever the respects

district delegations deliberating it by a simple majority, applying to their

operating, with the necessary adaptations, the standards provided for by the assembly-

general.

3-The deliberations of the district assemblies do not bind the national or regional bodies

of the Order.

SUBSECTION II

Distrital delegations

Article 54.

Composition

1-Distrital delegations consist of three members:

a) A delegate, who presides;

b) Two secretaries.

2-The delegate accumulates his duties with that of a member of the representative assembly.

3-Without prejudice to the provisions of Article 11 (5), the seat of the delegation shall be in the capital of

district.

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Article 55.

Competencies

It is incumbent on the district delegations:

a) Represent the Order in the districts ' respective respects;

b) To collaborate with the other organs of the Order in the exercise of their competences;

c) Manage the activities of the Order in the area of the district under the present Statute and

of the regulations;

d) Administer the goods entrusted to them;

e) Require the convening of local assemblies;

f) Submit the proposal for plan of activities and budget to integrate the budget

of the Order for the following year, as well as the respects reports of activities and

accounts for the approval of the regional assembly;

g) Present to the regional council, until the September 30 of each year, proposal

of activity plan and budget to integrate the Order's budget for the

the following year;

h) Collaborate in the organization and operation of the internships, in the terms of the

respects regulations and competencies delegated by the general council or the

regional council;

i) Collaborate in the realization of the electoral acts and the referendums, according to the

determinations of the electoral commission;

j) Chairing the local assemblies;

k) Coordinating the concelhial delegates, in which you can delegate your skills;

l) Convening enlightenment and debate meetings on the topics to be submitted to

referendum and before the electoral acts;

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m) Receive the new associates of the Order;

n) Organize and direct the possible administrative services.

SUBSECTION III

Concelhias delegations

Article 56.

Composition and competences

1-In all the county with at least five associates who are not home to

district delegation is elected a delegate.

2-In the county with less than five associates or when the election is not possible, the

regional council may, on a proposal from the district delegation, designate the delegate of

between the associates of the county or, in their impediment, from among those of concelho

limitrofe.

3-The delegate, under coordination of the district delegation, assumes the competences of the

district delegation in the concelho.

SECTION V

Provider

Article 57.

Designation, exercise of office and skills

1-The provider is designated by reasoned proposal of the general council and approved in

general assembly, for a term coinciding with the one provided for by the general council.

2-If the provider is associated with the Order, it has to suspend its enrollment during the

mandate.

3-The provider may not be impeached, save in the event of a serious shortage in the

exercise of its functions, by deliberation of the general council.

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4-Compete to provider:

a) Analyze the complaints made by the recipients of the services provided by the

associated with the Order or practitioners referred to in Article 139, aiming at clarifying-

them in their rights;

b) Mediate conflicts between the recipients of the services provided by the associates or

professionals referred to in Article 139, without prejudice to the possible participation of the

competent disciplinary bodies;

c) Make recommendations to the associates and the organs of the Order in view of the

resolution of the complaints referred to in the previous paragraphs or the further improvement of the

performance of the association;

d) Present an annual report to the bastonary and the general assembly.

CHAPTER III

Elections, mandates, referendums and exercise of the posts

SECTION I

General provisions

Article 58.

Right to vote

1-Without prejudice to the provisions of paragraph 3, they shall have the right to vote the effective associates with

enrollment in force in the Order.

2-Effective associates who find themselves enrolled in more than one college

professional, may exercise your right to vote pertaining to matter for each other

vocational college.

3-The companies of professionals provided for in this Statute shall not have the right to vote.

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Article 59.

Eligibility requirements

1-They may only be elected to organs of the Order associated in the full exercise of their

associative rights that are not professional societies.

2-At least 85% of the members of each of the collegiate bodies of the Order with

executive or disciplinary competencies must be effective associates with enrollment

in force and in the full exercise of their rights that have exercised their respect

profession for a minimum of five years.

3-In the event that the number of members of the collegiate executive body is less than seven, it may

be always included in the list a candidate who has not exercised the respect profession

over a minimum period of five years.

4-A sign-up time count is done by reference to the deadline date for presentation

of applications.

Article 60.

Members of the representative assembly

1-A The election of the members of the representative assembly is held by universal suffrage,

direct, secret and periodical in each of the district delegations provided for in Article 11,

simultaneous with the elections to the general council.

2-Each district delegation elects a number of members proportional to the total number of

enrolled in the Order, ascertained in accordance with Article 11, rounded up to the number

entire lower.

3-If as a result of the rounding are not assigned all the places in the

representative assembly, the vacant seats are rebroken by the district delegations,

starting at least representative.

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4-All delegations have to be represented, being reduced progressive and

successively the number of representatives in those with greater number of associates

inscribed so that the least represented elect at least one representative.

5-Members of the representative assembly are elected by method of Hondt , among the

candidate lists for district delegations.

6-Members of the representative assembly may simultaneously integrate the assembly

representative of any of the professional colleges in which they are enrolled.

Article 61.

Bastonary

1-The bastonary is the first candidate of the elected list for the general counsel.

2-Can only be elected to bastonary an effective associate with the enrollment in force and in the

full exercise of their rights that have exercised their respective profession during, by the

less, 10 years.

Article 62.

Members of the general council

1-It is elected to the general council the list that gets more than half of the votes validly

expressed, not considering itself as such the blank votes.

2-If none of the competing lists the bastonary and the general counsel get the number

of votes provided in the preceding paragraph, the second election shall be held, to which they shall

run only the two most voted lists that haven't given up on your

application.

Article 63.

Members of the top council

The members of the top council are elected on an autonomous list, by universal suffrage,

direct, secret and periodic, simultaneously with the elections of the general council.

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Article 64.

Members of the tax council

1-The members of the tax council are elected on an autonomous list submitted to suffrage à

assemblygeneral.

2-The official reviewer of accounts is chosen autonomously by the general assembly, in the face of

proposal of the remaining members of the tax council, drawn up with respect to the

public procurement standards, with the necessary adaptations.

Article 65.

Members of the representative assemblies of the professional colleges

1-Members of the representative assemblies of the professional colleges are elected from

between members of the high school respects by the effective associates with the professional title

respect in force.

2-Members of the representative assemblies of the professional colleges are elected in the

the terms provided for the election of the members of the representative assembly.

Article 66.

Members of the professional councils

The members of the professional councils are elected on an autonomous list, by suffrage

universal, direct, secretive and periodic, in simultaneous with the general council elections.

Article 67.

Members of the regional councils

The members of the regional councils are elected in each of the regions.

Article 68.

Members of the distrital delegations

1-The first candidate of the most voted list for the representative assembly in each

district delegation takes over the duties of delegated.

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2-The delegate designates, as secretaries, two associates enrolled in the respective delegation

district for the coadjuvate in the management of the delegation.

3-In the choice must be satisfied the proportionality between the professional colleges, in the

terms of Article 15.

Article 69.

Common rules

1-The candidate lists for collegial bodies should contain as many members as the number

maximum eligible applicants, plus half of alternates, rounded up to the

unit immediately superior.

2-In the same election period, candidates can only submit application to a

maximum two different organs.

3-Unless addressing the representative assemblies, being elected for more than one

organ, the candidates must indicate in which they intend to take possession.

4-Dealing with mid-term elections, the application of an associate to an organ

presupposes the prior resignation to the office that it eventually occupiers, save if it is to be

election to the organ that already integrates.

5-Representative assemblies elect their desks at the first meeting of the mandate.

6-The district assemblies are presided over by the delegate of the district delegation or

by whom this indicates from among the associates there enrolled.

Article 70.

Electoral regulation

It is incumbent upon the general assembly to approve the electoral regulation, which shall provide for:

a) The designation of the electoral commission when its constitution does not result from the

provided for in this Statute;

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b) The participation in the meetings of the electoral commission of the representatives of the lists of

candidates or trends in referendums proceedings;

c) The possibility of the creation of regional and local voting tables;

d) The possibility of proceeding to the vote by means of an electro-electronic means;

e) The form and deadlines for the submission of applications;

f) The designation of mandators by each of the candidate lists;

g) The form and means of dissemination of the electoral programmes of each application;

h) The possibility of holding discussions between the candidates;

i) The rules to be observed in the event of a referendum.

SECTION II

Mandates

Article 71.

Duration of term of office

1-The term of office of the holders of the organs of the Order shall have the duration of four years, save

delay in the realization of the electoral act or occurrence of mid-term elections, and cesses with the

possession of the new elected members, and may be renewed for one time.

2-The impediment of renewal of the mandate to which the previous number is reported not to be

applies to the mandate that it has had a duration of less than one year.

3-The holders of any organ of the Order can only be elected to the same organ

elapsed from the period of a full term after the termination of duties at the organ in

cause.

4-Elected bodies in mid-term elections ensure the mandate until the realization of

new elections.

5-It is not impediment to the application:

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a) The bastonary, the fact that the candidate has belonged in previous terms of

general advice;

b) To a particular organ, the fact that the candidate has been a member of this in

previous mandates by inherency of functions.

Article 72.

Mid-term and early elections

1-There is place for the realization of mid-term elections when:

a) If you check the waiver or the definitive impediment of more than half of the

elected members of the organ, after the call of the alternates;

b) By deliberation of the general assembly, of the representative assembly of colleges

professionals and the regional assemblies, to dissolve, respectively, the

general counsel, of the upper council, of the tax council, of the councils

professionals or the regional councils;

c) By deliberation of the district assembly, for dissolution of the delegation's respective.

2-There is room for early elections for all bodies when, regarding the council

general, the deliberation or verification of the assumptions of holding elections occurs

during the last year of the term.

3-The deliberations referred to in paragraph b ) of paragraph 1 are taken by a qualified majority of

two thirds of the members of the organ, at extraordinary meeting expressly convened

to that effect, at the minimum 15 days ' notice.

4-The desks of the deliberative assemblies can be replaced in meetings

expressly convened for this purpose.

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Article 73.

Exercise of the post

1-The exercise of positions in the organs of the Order may be remunerated, in the terms to be defined

in regulation approved by the general assembly.

2-The holders of the posts of the Order are entitled to the payment of any expenses

arising from representation or displacement in the service of the Order, in cases and in the

terms set out in regulation.

3-A remuneration which, pursuant to paragraph 1, shall be set for the performance of the post of

provider may not be diminished in the course of the term of office.

Article 74.

Escusa and resignation from the exercise of the mandate

1-Can ask for the upper council escuses from the post for the members to be elected

make it impossible for you to carry out your normal exercise, particularly on the grounds of

illness or by virtue of the change from the professional domicile to locality more

distant from the headquarters of the organ.

2-The holders of the organs of the Order may waive their respective post, upon

application filed with the top council and communicated to the remaining

national bodies.

3-A escuses that are not motivated by fact impediment to the immediate exercise of functions and

the resignation produces effects 30 days after the submission of the required applications

in the previous numbers, if the replacement is not earlier.

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Article 75.

Replacement by impediment or renunciation of the bastonary

1-Verified the resignation or the definitive impediment of the bastonary, competes with the board

general designate, by majority of two thirds of the whole of its members, from among the

vice-presidents, the new bastonary.

2-Not by checking for the majority predicted in the preceding paragraph within 30 days counted

of the date on which the resignation or the definitive impediment of the bastonary was recognized, the

first vice president interinely takes over the functions of bastonary, starting from

immediate the trames necessary to the constitution of the electoral commission for organization

of the elections for the general council.

Article 76.

Replacement by impediment or renunciation of the remaining organs

1-In the situations provided for in Article 74, the members of the other organs are replaced

by the alternates, by the order they appear on the list.

2-Havening place to the recomposition of an organ by virtue of the application of the preceding paragraph,

the members in office may opt, by consensus, for the redistribution of the 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 organs of the Order, without which

is foreseen in the form of its replacement, the organ to which the prevented is deliberated

on the situations of hindrance and the need for temporary replacement, to be effecting

by co-opting from among eligible members.

2-The regime of impediments provided for in the Code of Procedure shall apply

Administrative in all that does not contravene the present Statute.

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3-A The temporary replacement of the district delegation delegates is deliberated by the

respects regional councils.

Article 78.

Loss of mandate

1-Members of the organs of the Order lose their mandate:

a) When it is suspended or cancelled its enrolment;

b) When they fail, unjustifiably, to more than three meetings followed or to five

interpolated meetings, during the mandate of the respected organ;

c) By the decision of convening early elections.

2-A The unwarranted nature of the lack is appreciated by the respected organ at the beginning of the meeting

next.

3-A loss of the mandate in the cases referred to in paragraph b) of paragraph 1 is recognized by the

organ, upon deliberation taken by three-quarters of the votes of the respects

members.

4-A loss of the delegate's mandate in the cases referred to in paragraph b) of paragraph 1 is recognized

by the respected regional council, by deliberation taken by three-quarters of the votes of the

its members.

Article 79.

Honorific titles and right to the use of insignia

1-The associate who has been a member of organ of the Order retains honorarily a

designation corresponding to the highest office that there is occupied.

2-Associates who are or have been members of organs of the Order, when

appear in acts of great solemnity, can use about the professional attire

silver insignia of the Order, being of gilded silver those of the ancient bastonaries.

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SECTION III

Referendums

Article 80.

Referendums

1-The referendums have national scope, and may be aimed at the vote:

a) Of proposals for amendments to this Statute;

b) Of proposals for a deontological code, or of their amendments;

c) Of proposals relating to the dissolution of the Order;

d) From proposals on subjects that have particular relevance to the Order.

2-A referendum holding depends on deliberation of the general assembly, and it should be

preceded by advice from the top council on compliance with the law.

3-The referendum is mandatory in the situation provided for in the paragraph c) of paragraph 1.

4-A The fixing of the date, the organisation of the referendum and the dissemination of the results fit the

general assembly table, in the terms of the respect of the regulations.

Article 81.

Effects and regulation of the referendum

1-The results of the referendums can only be considered as binding if in them

vote, at least, 40% of the effective associates.

2-If more than half of the votes validly cast are in a positive sense,

considers itself to be approved the issue subject to referendum.

3-When dealing with referendums relating to the dissolution of the Order, the approval lacks the

validly expressed vote of more than half of the effective associates.

4-Compete to the general assembly to approve the regulation of the referendum, under proposal of the

general advice.

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CHAPTER IV

Financial regime

Article 82.

Recipes of the Order

1-Constitutions revenue of the Order:

a) The liberalities, appropriations and subsidies;

b) The amounts arising from inscriptions, quotas, payment of services, fines,

fees and any other revenue assigned to it by law and that not if

find legally affection to other entities;

c) The income of the goods of the Order;

d) The product of the disposal of any goods;

e) The importances regarding the rate of justice.

2-The recipes are intended to meet the charges of the Order in the achievement of the objectives

statutaries.

Article 83.

Quotas

1-Associates with enrollment in force are required to contribute to the Order through

of a monthly quota, fixed in the following terms, based on the value of the consideration

minimum monthly guaranteed in force on the December 31 of the previous year:

a) 5%, by the title of general quota;

b) 1%, for each professional activity in which the associate is enrolled.

2-A collection of the quotas compete with the general council, without prejudice to the delegation of

skills in regional or local bodies.

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3-A quota collection is done on a monthly basis, and yet another may be determined

periodicity by the general council.

4-Are entitled to the reduction or exemption of the value of the quotas, in terms of the regulation by the

assemblygeneral:

a) The new associates, in the first three years subsequent to enrollment;

b) Retired associates, as long as they have proven not to have earned it, by any

medium, in the previous year, monthly income equal to or higher than the minimum consideration

guaranteed monthly;

c) The associates who proceed in advance to the annual payment;

d) The associates who make payment via direct debit into account.

5-The associate whose enrollment is cancelled is not entitled to the restitution of the quotas

liquidated to the date on which it is notified of the cancellation.

6-A The collection of the quotas and too much revenue of the Order is the object of regulation to be

approved by the general assemblage.

7-The corresponding associates pay quotas with the value corresponding to two

twelfth of the quotas expected annually, unless deliberate dispensation by the council

general.

8-The non-payment of the quotas, by a term of more than 12 months, shall be communicated to the

competent disciplinary organ, for the purposes of establishing disciplinary proceedings.

Article 84.

Collection of fees and other amounts

1-Compete to the Order to proceed to the liquidation and collection of its revenue, through the

competent bodies for the purpose, including quotas and fees, as well as fines and

other mandatory recipes.

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2-In case of non-payment within the time limits due is issued notice for payment

within 15 days.

3-The coercive collection of fees or other amounts due to the order apply the rules

of the Code of Civil Procedure.

4-It is considered executive title quite the certificate of debt passed by the general council

of the Order with regard to quotas, and the fees due to the compensation box.

5-A lack of payment of fees, as well as fines and other mandatory prescriptions may

have as a consequence the suspension of the provision of services by the Order on the terms

of the respected regulations.

Article 85.

Fee for documentary security booster services

1-Constitui, still, revenue of the Order, the value of the fees paid by the associates and by the

professionals referred to in Article 139, who are due by the security services

documentary of the documents emitting in the exercise of their professional activity.

2-A The revenue referred to in the preceding paragraph is intended to cope with the charges with the

development, file and the management of the mechanisms for enhancing the safety of those

documents.

3-For the purposes of the provisions of the preceding paragraphs, the associated or the intended professional

in Article 139 delivery to the Order the corresponding value to 0.2% of a unit of

procedural account, whenever it practiced each of the following acts:

a) Citations and notifications in the form of citation;

b) Avulous or similar notifications, with equal effect;

c) Certifications, authentications and recognitions;

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d) Requirements on paper support, which are presented before any

public or administrative authority, relating to the first intervention in proceedings

or procedure.

4-In the papers on paper support, the predicted value in the previous number is paid in the

time of the acquisition, together with the services of the Order, of the authentication stamps that

are to be affixed to the document issued by the associate with the aim of strengthening the

security of the same, specifically hindering its falsification.

5-The seal of authentication is the identiative sign of the associates and practitioners referred to in the

article 139, whose characteristics are defined by regulation to be approved by the

assemblygeneral.

6-In the dematerialized documents, the value provided for in paragraph 3, which may be reduced to

half by deliberation of the general assembly, it is charged through current account,

as per regulation approved by the general assembly, which defines the procedures

required to guarantee the date and time of generation of the document and the identity of who the

produced.

7-The values referred to in paragraphs 3 and 6 can be increased by up to 0.5% of a unit of

procedural account, by deliberation of the general assemblage.

Article 86.

Purpose of revenue

The revenues of the Order are intended for the pursuit of its statutory purposes.

Article 87.

Budget and treasury

1-A Order has a single budget, drawn up by the general council and approved by the

meeting-general, taking the basis of revenue and expenditure forecasts for the year

next and the proposals for the affectation of monies from each of the organs.

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2-The regional councils and professional colleges refer until October 15, to the

general advice, your budget affection proposals, including here under heading

own, the proposals of the district delegations.

3-A The financial management of the Order competes with the general counsel, which has a unique treasury,

to whom it is incumbent to effecting payments and receipts and issuing debt certificates,

may delegate, in whole or in part, this competence in the regional and local bodies.

Article 88.

Budgetary allocations

1-Each of the organs referred to in points c), d) and g) of paragraph 1, in para. b) of paragraph 2 and in the

point ( b) of Article 13 (3) has an annual minimum budgetary allocation secured,

may this be punctually amended by deliberation of the general assembly, as per

results from the Annex to this Statute and that it is an integral part of it.

2-A allocation of the endowment referred to each of the professional colleges is calculated by having

on the basis of the value charged for quota to the associates enrolled in each college.

3-A expense permit on the basis of the appropriations referred to in paragraph 1 may stay

dependent on the effective fundraising of the revenue that substantiates the endowment, so as

prevent the occurrence of treasury problems.

From professional activities

CHAPTER I

General provisions

Article 89.

Professional titles of solicitor and enforcement agent

The assignment of the professional title of solicitor or of the executing agent and the exercise

professional of these activities depends on enrollment as an effective associate in the college

professional respect of the Order.

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Article 90.

Associates

1-There are the following categories of associates of the Order:

a) Effective;

b) Trainee;

c) Honorarium;

d) Correspondent.

2-Without prejudice to the provisions of Article 58 (3), only effective associates may vote,

be elected and participate in the assemblies.

3-A Order may assign, within each professional college, the title of expert, in the

terms of regulation in which they define themselves:

a) The areas of specific professional practice to which the title corresponds;

b) The knowledge and professional experience required for the assignment of the title;

c) The necessary requirements for the maintenance of that title, specifically in terms of

of infrastructure affects the exercise of the area of expertise and training

continuous.

4-Associates regularly enrolled in a vocational college do not lack the

assignment of the title of expert to be able to exercise the activity

professional.

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Article 91.

Effective associate

1-A admission as an effective associate depends on the entitlement of the academic degree of

licensed in solicitor or law and to have been approved in the professional stages

of access to the occupations of solicitor or performing agent in the respects examinations

endings, depending on the college or professional colleges in which the candidate intends to

sign up.

2-It is permissible to enroll in both professional colleges.

Article 92.

Associate trainee

1-It has the category of associate trainee the candidate who, not being subscribed to

definitely in any of the professional colleges, has been admitted to the

internship achievement in one of the colleges.

2-The associate permanently enrolled in a vocational college who intends to register

in another vocational college as an effective associate is considered, in relation to this

vocational college and up to the achievement of the intended professional title, associate

trainee.

Article 93.

Honorary associate

The general assembly may assign the quality of honorary associate of the Order to

individualities, institutions or collectivities that, by exerting or having exerted activity

of recognized public interest, or having contributed to the dignified and prestige of

profession subject to the control of the Order, are considered to be worthy of such

distinction, upon reasoned proposal of the general council.

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Article 94.

Associated associate

1-Are corresponding associates:

a) The professionals who, being regularly enrolled, require the suspension of the

your professional activity and declare to intend to maintain your enrollment as

correspondents;

b) The natural or collective persons to whom, by virtue of the eventual connection of the

activity developed with the attributions of the Order, the general counsel consider

convenient to assign this category, for a period of four years;

c) The associative organizations referred to in Article 96.

2-The corresponding associates are entitled to receive the magazine and the communications

public of the Order.

3-The associations referred to in para. c) of paragraph 1 have still the right to be supported in the

provision of professional services by the Order, without prejudice to the payment of fees

that are defined in regulation.

Article 95.

Societies of professionals

1-The solicitors and enforcement officers established on national territory may

exercise their respective professions, constituting or joining in societies

practitioners of solicitors and enforcement officers, and may a same society

have both social objects, under the terms of this Statute.

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2-The professional societies referred to in the preceding paragraph shall enjoy the rights and are

subject to the duties applicable to the effective Associate professionals of the Order who are

compatible with their nature, being in particular subject to the principles and rules

deontological constants set out in this Statute, as well as to the disciplinary power of the

competent entity.

3-The members of the executive body of the societies referred to in paragraph 1 shall comply with the

principles and deontological rules, technical and scientific autonomy and guarantees

conferred on solicitors and enforcement officers by the law and by this Statute.

4-The members of the administration bodies of solicitor companies and or

enforcement officers must be professionals enrolled in the respect of the Order.

5-Without prejudice to the provisions of paragraph 1, no companies shall be admissible

multidisciplinarywhich integrate solicitors or enforcement agents.

6-Without prejudice to the standards set out in this Statute, to the constitution and

operation of the solicitor companies and or implementing agents apply the

legal regime of the constitution and operation of the societies of professionals who

are subject to professional public associations.

7-Societies must opt, at the time of their constitution, by one of the two types

following, depending on the regime of liability for social debts to be adopted, owing

the firm contain the mention of the adopted regime:

a) Unbounded liability companies, RI;

b) Limited liability companies, RL.

8-A liability for social debts includes those generated by stock or omissions

imputed to associates, associates and trainees, in the exercise of the profession.

9-In the societies of unlimited liability, the partners answer personal, unlimited and

jointly and severally by the social debts, without prejudice to the provisions of the following number.

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10-Unlimited liability company creditors can only require the partners to

payment of social debts after the preview excuses from the goods of the society.

11-In societies of limited liability, only society accounts for debts

social, up to the limit of compulsory civil liability insurance.

12-The companies of professionals provided for in paragraph 1 shall apply to the tax regime provided for

the companies constituted in the commercial form.

Article 96.

Associative organizations of professionals from other Member States of the Union

European and the European Economic Area

1-The associative organizations of professionals who are equated with solicitors constituted

in another Member State of the European Union and of the European Economic Area whose

capital and voting rights fall exclusively to those professionals, may enroll

the respected permanent representations in Portugal, such as professional societies,

as long as there is a system of reciprocity in the country's respect.

2-The entities referred to in the preceding paragraph are as such as such equated to societies

practitioners of solicitors for the purposes of this Law, and applies to them, with due

adaptations, the provisions of paragraph 4 of the preceding Article.

3-The capital requirements referred to in paragraph 1 shall not apply in case, according to

legal form adopted by the associative organization concerned, this one does not possess

social capital, applying, in its place, the requirement for the allocation of voting rights

to the professionals there referred to.

4-The provisions of the previous figures do not apply to associative organizations

constituted in another Member State of the European Union or the Economic Area

European who assemble professionals who are equipped with enforcement officers.

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Article 97.

Professional domicile

1-Each inscribed in the Order indicates the professional Household Respect.

2-The provisions of the preceding paragraph shall not preclude the existence of secondary offices.

3-A all effective associates, as well as trainees, is assigned an address of

electro mail and a digital certificate of signature and authentication, in the terms and in the

conditions determined in regulation approved by the general assembly.

Article 98.

Communications of the Order to your associates

1-The communications and notifications of decisions or deliberations of organs of the Order to

their associates are made, preferably, by way of electro, in the terms to be defined in

regulation approved by the general assemblage.

2-Communications and notifications, when remitted on paper support, are

addressed to the professional domicile and, when remitted in an electro support,

to the electro mail address provided by the Order.

Article 99.

Continuous training

1-Associates with enrollment in force must periodically attend shares of

continuing education, with a view to ensuring the permanent monitoring of developments

theoretical and practical of the exercise of the activity, in the terms to be defined in regulation

approved by the general assembly, on a proposal from each of the professional colleges.

2-The regulation referred to in the preceding paragraph may impose the achievement of evidence

periodicals for the maintenance of the exercise of the professional activity of agent of

execution or for the use of expert title.

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Article 100.

Public lists of associates and providers in free provision of services

1-A Order must keep up-to-date public lists, accessible on its website,

designed to make you aware of all interested information concerning professionals

and companies apt to exercise the functions of solicitor and executing agent in

national territory.

2-The lists compulsorily contain the following information:

a) Professional identification of the effective associates and trainees, with indication of the

professional activity exercised and recognized specializations, domicile

professional, eventual secondary offices, number of professional ballot,

tax number, compulsory electro mailing address, telephone contact,

enrollment dates as an effective associate and associate of the colleges and number

of professional insurance policy or warranty or equivalent instrument, when

required;

b) As far as professionals are concerned, still the posts assumed in the

Order;

c) As far as specifically corporate societies are concerned, still their

registration numbers, of identification of collective person, professional partners,

associates, managers or administrators and social capital;

d) Identification of providers, equated to solicitors, in free regime

provision of services on national territory, with indication of domiciles

professionals referred to in Article 139 (3) and 4, the public association

professional of origin and associative organization of professionals to which

belong in that same Member State;

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e) Identification of the associates whose inscription has been cancelled, or suspended by

disciplinary grounds, with the indication of the name or professional firm, ballot,

number of tax identification, last professional domicile, as well as

identification of the associate responsible for the possible liquidation of the office or

society;

f) Registration of extinguished companies, or in liquidation, with the indication of the number of

identification of collective person, of the last headquarters and of the last managers,

administrators or liquidators;

g) Identification of the associates in respect of which it was enacted to

suspension of designation for new processes, provided for in Article 167.

3-Compete to the general council to regulate the insertion of additional information, as well as

the definition of the rules of rectification, correction or updating of the constant data of the

list and the form of identification of collaborators or related services with the activities

professionals.

Article 101.

Associated and Order document files

1-When they have not been passed on to another society or associate, the Order shall

promote the maintenance on file of the authentic, authenticated documents, or of

similar importance, deposited in exclusive with solicitors or agents of

execution or of professional societies which, depending on the applicable cases, have

deceased, being unable to exercise the profession, required the termination of the duties in the

vocational college, been permanently interned from the exercise of the activity

professional or suspended for a period of more than two years.

2-Considered included in the documents referred to in the preceding paragraph:

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a) The existing documents in the documentary acquis of solicitors, whose

maintenance on file is imposed by law, specifically the documents

authenticated private individuals and the documents submitted electronically in acts of

register whose original is not in public file;

b) As far as enforcement agents are concerned, the executive titles whose original is not

be in public file, the titles of transmission of goods and the documents of

citation or notification avulsa subscribed by the citands, notifiers or by

third parties.

3-Compete to the general assembly regulate the organization and transmission of the archive, of the

associates and of the Order, defining:

a) The documents that must be kept in physical support and simultaneously

on digital support and those that can appear exclusively on digital support;

b) The minimum file deadline of physical supports;

c) The form of transmission of the file in favour of solicitors, enforcement officers or

of the respective societies;

d) The form and guarantees necessary for the possible contracting of entities that

ensure the maintenance of these archives;

e) The cautionary measures to adopt to arrange the file of any associate who

be at risk of loss or deterioration.

4-Compete still at the general assembly set the fees due for the provision of the following

services, to support by whom they benefit:

a) File of the documents of the associates that are not included in paragraph 1 and

intend to use these services;

b) Evaluation of the documentary mass and file of the documents;

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c) Issuance of certificates and copies of documents filed on physical support or

digital.

5-Decorrids the mandatory file maintenance deadlines in the present

article, the Order should promote the destruction of the documents whose filing if

pointless revele, without prejudice to the eventual delivery on deposit or file of the

responsibility of the state.

CHAPTER II

Incompatibilities, impediments and enrollment

SECTION I

Incompatibilities and impediments

Article 102.

Generic incompatibilities

1-In addition to the specific incompatibilities for each professional activity, they are

incompatible with the exercise of any of the professional activities regulated in the

this Statute the following posts, functions and activities:

a) Holder or member of the sovereignty organ, the representatives of the Republic for the

autonomous regions, the members of the Regional Government of the autonomous regions, the

municipal mayors and councillors who earn any kind of

remuneration or allowance and, as well, the adjoining respects, aides,

secretaries, workers with a public employment bond or other contractors

of the organs, offices or services, without prejudice to the provisions of the paragraph a )

of the following number;

b) Member of the Constitutional Court and adherent adjoining, workers with

linkage of public employment or contractors;

c) Member of the Court of Auditors and the adjoining respects, workers with

linkage of public employment or contractors;

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d) Provider of justice and the adjoining respects, workers with bond of

public employment or contractors of the respected service;

e) Magistrate, even if not integrated into organ or jurisdictional function;

f) Assessor, administrator, worker with public-employment bond

hired from any court;

g) Notary or conservative of records and the workers or contractors of the

respects service;

h) Public manager;

i) Worker with a public employment bond or contract of any services

or entities that possess public nature or pursue purposes of interest

public, of a central, regional or local nature;

j) Member of the board of directors, executive or director with powers of

organic representation of the entities indicated in the preceding paragraph;

k) Member of the Armed Forces or militarized;

l) Official reviewer of accounts or official technician of accounts and workers or contractors

of the respected service;

m) Judicial administrator or judicial liquidator or person who exercises identical

functions;

n) Real estate mediator and the workers or contractors of the respected service.

2-The incompatibilities referred to in the preceding paragraph check out any that is the

title, designation, nature and species of pavement, mode of remuneration and, in general,

whatever the legal regime of the respected post, function or activity, with

exception of the following situations:

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a) Of the members of the Assembly of the Republic, as well as of the adjoining respects,

advisors, secretaries, workers with a public employment bond or other

contractors of the respective offices or services;

b) Of those who are retired, retired, in a situation of inactivity, with

unlimited leave or on reservation;

c) Of employees in public functions provided for a solicitor,

expressly provided for in the organic frameworks of the corresponding service and of the

contracted for the same effect, without prejudice to the impediments that they build

of this Statute;

d) Of the lecturers;

e) Of those who are engaged in a service provision.

3-The exercise of the activity of soliciting the persons indicated in the points is allowed i ) and

j ) of paragraph 1, when this is provided in a regime of subordination and in exclusivity, to the

service of any of the entities provided for in the said points.

4-It is still permitted the exercise of the activity of soliciting the persons indicated in the

points i ) and j ) of paragraph 1 when providedin positions of entities or structures with character

temporary, without prejudice to the provisions of the status of the official staff of the services and

bodies of the central, regional and local government of the state.

Article 103.

Impediments

1-The impediments diminish the breadth of the exercise of the profession and, as to the

solicitor, constitute relative incompatibilities of the forensic mandate and the consultation

legal, having in view determined relationship with the client, with the subjects concerned

or by irreconcilable availability for the profession.

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2-In addition to the impediments specifically foreseen for each of the activities

professionals, the associate is barred from:

a) Exercise roles for a diverse person of the entity with which it has bond, in the

cases provided for in paragraph c ) of paragraph 2 of the preceding Article;

b) Exercise your professional activity for entities to which you pay, or have

provided, in the last three years, services of justice of the peace judge, judicial administrator,

mediator, auctioneer, official reviewer of accounts or official technical account technician;

c) Practise professional acts and move any influence together from entities, public

or toilets, where to perform or have performed functions whose exercise

can raise, in concrete, a mismatch, if those acts or influences

conflict with the deontological rules contained in this Statute.

3-The associates who are members of the representative assemblies of local authorities,

as well as the adjoining respects, aides, secretaries, workers with bond of

public employment or other contractors of the respected offices or services, are

prevented, at any venue, from sponsoring, directly or through the

Society of which they are partners, actions against the local authorities, as well as

of intervening in any activity of the assembly to which they belong on matters in which

have a professional interest directly or through society to which

belong.

4-The associates referred to in point a ) of paragraph 2 of the preceding Article are prevented, in

any venue, from sponsoring pecuniary actions against the state.

5-The associates to perform councillor functions are prevented, at any venue, from

sponsor pecuniary actions against the autarky respect.

6-Havendo doubt about the existence of any impediment, that there is no logo

taken over by the associate, it is incumbent on the college to decide.

SECTION II

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Inscription

Article 104.

Professional ballot

1-To the enrolled associate is handed a professional ballot by each college in which if

find inscribed, which serves as proof of the inscription in the Order and the right to the use of the

professional title of solicitor or execution agent.

2-Professional ballots are issued by the general council.

3-Compete to the general assembly regulate the format and content of the said ballots

in the previous numbers.

4-In the event that the associate integrates a professional society or equiped entity, of the

professional ballot referred to in paragraph 2 appears the identification of that.

Article 105.

Requirements for enrolment in the Order

1-Are requirements for the enrollment of professionals in the Order, in addition to the approval at the internship

and respect final exam:

a) The entitlement of the degree of licentiate in soliciting or in law or from a

top foreign academic degree in the field of solicitor or law to

which has been conferred equivalence to one of those degrees;

b) Do not find yourself in any situation of incompatibility for the exercise of the

profession;

c) Do not find yourself judicially interdict of the exercise of professional activity nor,

being a natural person, judicially interdict or declared inability-made;

d) Not to be considered inidocyous for the exercise of professional activity, in the

terms of the following article.

2-A enrollment in the professional college of solicitors, by professionals whose

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qualifications have been obtained in Portugal further presupposes:

a) Favorable internship information provided by the patron or by the centres of

stage;

b) Application for application for registration in the college up to five years after the

completion of the stage with harnessing.

3-Are, still, requirements for enrolment at the college of enforcement officers:

a) Have Portuguese nationality;

b) Not to have been, in the last 10 years, entered into public list of debtors

legally regulated;

c) Have completed, with harnessing, the stage of execution agent;

d) Apply for enrollment in the college up to three years after the completion of the internship with

take advantage;

e) Having been an enforcement officer for more than three years, submitting to the exam

provided for in Article 115 (3) and obtain assent from the CAAJ.

4-A enrollment of professionals from the European Union or the Economic Area

European at the college of the solicitors takes effect under the terms of Law No. 9/2009, 4 of

The March, amended by the Laws 41/2012, of August 28, and 25/2014, of May 2.

5-A enrollment of professional solicitor companies, and associative organizations

of the solicitors referred to in Article 96 follows the terms prescribed in the legal regime of the

constitution and operation of the societies of professionals who are subject to

professional public associations.

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Article 106.

Restrictions on the right to enrolment

1-Without prejudice to the provisions of the following number, the inscription is refused to anyone who does not

fulfils the requirements set out in the previous article.

2-A enrollment may be refused or cancelled to the associated considered inidoneo for the

exercise of professional activity, without prejudice to the other susceptible situations of

motivate the suspension or cancellation of the inscription provided for in this Statute.

3-Without prejudice to the provisions of paragraph 5, it shall be deemed to be iniduous for the exercise of the activity

professional who, inter alia, has been:

a) Convicted, by national or foreign decision carried forward on trial, by the

dishonorable crime practice for the exercise of the profession;

b) Declared, less than 15 years ago, by national or foreign decision transitioned

on trial, insolvent or responsible for insolvency of company per se

dominated or from whose organs of administration or surveillance has been

member;

c) Subject to disciplinary penalty above the penalty of a fine in the performance of the duties of

worker in public or equiped roles, lawyer or associate of

different vocational college or professional public association.

4-For the purposes of the provisions of the a) from the previous number, consider themselves to be crimes

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disgraced for the exercise of the profession, specifically, the crimes of theft, theft,

burla, burla informatics and in the communications, extortion, abuse of trust, fearful,

infidelity, falsification, false statements, doleful insolvency, frustration of credits,

negligent insolvency, favorability of creditors, issuance of cheques without provision,

warranty or credit card abuse, illegitimate ownership of goods from the sector

public or cooperative, danish administration in public sector economic unity

or co-operative, usury, bribery, corruption, influence peddling, embezzling, prescription not

authorised of deposits or other refundable funds, unlawful practice of acts or

operations inherent in the insurer activity or pension funds, tax fraud or

other tax crime, money laundering or crime provided for in the Code of

Commercial Corporations or the Securities Code, as well as those provided for

in the paragraph i) of Article 55 of the Code of Public Procurement.

5-A The verification of one of the situations provided for in paragraph 3 does not affect the suitability of all

those who have been rehabilitated, nor does it prevent the competent organ from considering, from

justified form, which are gathered the conditions of suitability for the exercise of the

professional activity, taking into account, in particular, the time elapsed since the

practice of facts.

6-The process for finding inidoneity for the exercise of the profession is

instituted on the same terms in which the are the disciplinary processes, following the

its trames, with the necessary adaptations.

7-A refusal or the cancellation of enrollment for lack of idoneity requires a vote

by a qualified majority of two thirds of the votes of the members of the competent body.

8-Where the competent body considers to exist a situation of inidoneity for the

exercise of the professional activity, must substantiate in a reasoned manner the reasons for

fact and law in which it bases its judgment of inidoneity, communicating its decision

to the general counsel, for the purpose of updating the registration of the list of associates.

9-Of the final deliberation rests on appeal, in the terms provided for in the decisions in matter

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discipline.

Article 107.

Formalities of the application for enrolment

1-The application for enrolment is instructed and presented to the respected professional council, the

which can delegate this function to regional or local bodies.

2-Compete to the professional council to issue opinion on the enrollment, fit to the board

general the decision and the respect register.

3-From the decision of refusal to enrolment rests with the upper board.

4-Compete to the general assembly to approve the registration regulation and the levies,

and the same shall provide for the documents to be submitted.

compulsorily by the candidate, including written statement, in which attest that he has

of the aptitude required for the exercise of professional activity and which is not in

none of the situations referred to in paragraph 2 of the preceding article.

Article 108.

Enrollment and start of execution agent roles

1-The executing agent established on national territory can only start functions after:

a) Having the minimum computer structures and means, defined by regulation

approved by the assemblage-geral;

b) The provision of solemn oath before the President of the Court of Relation and the

representative of the professional council of enforcement officers, in which you assume the

commitment to comply with the functions of enforcement agent under the law and the

present Statute.

2-A The minutes of the oath-taking self shall be subscribed by the sworn and sworn sworn in.

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3-It may be allowed to open secondary offices, in the terms to be established in

assemblygeneral regulation.

4-A The existence of secondary offices of the executing agents and the respective

companies shall be subject to the payment of an annual fee, of value corresponding to a

procedural unit of account, which constitutes revenue from CAAJ.

Article 109.

Issuance of the diploma and the professional ballot

Made the enrolment, are issued, by the general council, the diploma and the professional ballot, being

that subscribed by the bastonary and by the president of the professional council where the

associated was inscribed.

SECTION III

Suspension of enrollment

Article 110.

Causes of suspension of enrollment

1-A enrollment in the Order is suspended when the associate:

a) Be punished with disciplinary sanction of suspension;

b) It is suspended preventively in disciplinary proceedings;

c) Failure to comply, within the prescribed time limit, to the decision of the disciplinary procedure, in the

terms defined in the disciplinary regulation;

d) Do not pay your quotas to the Order, for a period of more than 12 months and if

ascertaining, in disciplinary proceedings, that the default is culpable;

e) Require the suspension;

f) Be declared judicially intersaid or inability-made.

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2-A suspension provided for in points a) and b) of the previous number, applied to the associate

enrolled in more than a vocational college, is communicated to the President of the

professional council of the other vocational college, as well as the disciplinary body

competent, for the purpose of afferition of the maintenance of professional idoneity for the

exercise of this other professional activity.

Article 111.

Cases of cessation of suspension

The suspension of the enrollment cesses when:

a) In the cases provided for in paragraph a) of paragraph 1 of the previous article, find fulfilled

the disciplinary sanction of suspension;

b) In the cases provided for in paragraph b) of paragraph 1 of the previous article, the associate is

acquitted or convicted in disciplinary sanction that does not imply the cancellation

or the suspension of enrollment;

c) In the cases provided for in points c) and d) of paragraph 1 of the preceding Article, shall be complied with

decision or the payment;

d) In the cases provided for in paragraph e) from paragraph 1 of the previous article, the

formalities laid down for the cessation of suspension on their own initiative,

provided for in Article 116;

e) In the cases provided for in paragraph f ) of paragraph 1 of the preceding Article, shall be judicially

declared the end of the interdiction or inabilitation.

Article 112.

Suspension on own initiative

1-The associate may apply for, with a reasoned reason, the suspension of his or her enrolment,

in each of the professional colleges in which you are enrolled and in the terms and conditions

provided for in this Statute.

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2-The associate must apply for the suspension of his / her enrolment, in each of the colleges

professionals in which it is registered and in the terms and conditions provided for in the present

Statute, as soon as it cedes to fulfill any of the enrollment requirements

provided for in Article 105.

3-If, as a result of the request for suspension, the associate cede to be registered with

any of the colleges, enrollment in the Order is automatically suspended and advertised

in the list referred to in Article 100.

4-Incumbent on the associate who requires your suspension to ensure the transmission of your

file, of the third-party values deposited on accounts-customers, of the goods of which it is

depositary and of the processes that are up to another colleague's favour, or society

that manifests its acceptance.

5-In the event that the transmission is not effected, and without prejudice to the liability

discipline that to the case kayba, the associate is subject to the payment of the fees

compensation to the Order for the cost of transfer services.

6-A The general assembly regulates the form of transmission referred to in paragraph 4 and the rates to be settled.

Article 113.

Inhibition of the exercise of the profession for associates with suspended enrollment

Suspension of enrollment in professional colleges inhibits the exercise of activity

professional respect.

Article 114.

Cancellation of the inscription

The inscription is cancelled:

a) By demise of the associate or, when it is a collective person or

equate, its extinction;

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b) When applied for the disciplinary sanction of definitive interdiction of the exercise of

professional activity;

c) When the associate is considered to be inidopous for the exercise of the activity

professional;

d) The application of the person concerned.

Article 115.

New inscription

1-Without prejudice to the provisions of the following number, anyone who requires new enrollment stays

obligated to comply with the requirements required for access to the activity at the date of the new

application, provided for in Article 105 (1) and (3).

2-Are not covered by the previous number the associates who:

a) Have your enrolment suspended less than 10 years ago;

b) Have been considered apt in stage carried out less than 10 years ago,

although they are not enrolled.

3-The one who intends to re-enrol must submit to an evaluation examination on the

upgrading of your knowledge and skills, not being required to carry out the

stage, when, in the temporal period preceding the assessment of the application for

re-enrollment, has not exercised its activity for an uninterrupted period higher than:

a) Five years in the case of solicitor;

b) Three years in the case of execution agent.

4-The exams referred to in the preceding paragraph are regulated by the general assembly,

heard the professional advice.

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Article 116.

Cessation of suspension on own initiative

1-Without prejudice to the provisions of the preceding article, the suspension of the inscription cesses to

application of the person concerned, of which the express statement is stated that not if

finds in a situation of incompatibility.

2-A The statement provided for in the preceding paragraph shall be without prejudice to the achievement, by the

Order, of other information or supplementary documents required for

substantiate the declared.

3-The request for the cessation of the suspension of the inscription on its own initiative is directed at the

bastonary.

4-With the application is paid for the fee.

Article 117.

Apprehension of the ballot and professional stamps

The provident Order to be seized of the ballot and professional stamps to the

associate who has been suspended or to whom the inscription has been cancelled, notifying-

o to proceed to its delivery within 15 days, under penalty of, without prejudice to the

proper judicial procedure, give publicity by the convenient means and together

of the courts and other departments of the State or of any public entities or

private, of which the associate did not carry out the delivery of those documents and the facts that

motivated the need for such apprehension.

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CHAPTER III

Professional rights and duties

SECTION I

General principles

Article 118.

Of the guarantees in general

1-The magistrates, the organs of criminal police and the workers in public functions

shall ensure to the solicitors and enforcement officers, when in the exercise of the

occupation, treatment compatible with the dignity and the appropriate conditions to the cabal

performance of its functions.

2-The solicitors and enforcement officers, in the exercise of the profession, have preference in the

service and right of admission to judicial secretaries and other public services,

in the terms of the law.

Article 119.

Independence

The associates, in the performance of their duties, always maintain and in any

circumstances their independence, and they must act free of any pressure, especially

to which it results from its own interests or outside influences, refraining from

neglect professional deontology in the guise of pleasing your client, to his

colleagues, the court, the enforceable, the executed, their mandators or third parties.

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Article 120.

Imposition of stamps, arbearings and searches in offices

1-A the imposition of stamps, the paddle, the searches and other equivalent representations in the

office of solicitors or enforcement officers or in any other place where

keep file, as well as the intercetion and recording of conversations or

communications effected via telephone or electronical address, used by the

associated with the exercise of the profession, constants of the Registration of the Order, can only be

decreed and presided by the competent judge.

2-With the necessary advance, the judge shall convene for the representations referred to in the

previous number the associated with them subject and the chairman of the regional council, the

may delegate another member of the board.

3-The judge must convene for the seizure of prosecutions of enforcement officers to CAAJ.

4-In the lack of comparisons of the representative of the Order and the CAAJ or there is urgency

incompatible with the trumpings of the previous figures, the judge must appoint any

associate who can attend immediately, preferably from among those who hajam

made up part of the organs of the Order or, when it is not possible, whe indicated by the

associated with whom the facilities or file belong.

5-The representations referred to in paragraphs 2 and 3 are admitted as well, when they present or

the judge the convoque, the relatives or employees of the interested associate.

6-Until the comparency of the representative of the Order can be made the arrangements

indispensable so that if they do not misuse or disrouse any roles or

objects.

7-The auto of diligence makes express mention of the people present, as well as of

any overcoming occurrences in your course.

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Article 121.

Integrity

1-The solicitor and the executing agent are indispensable to the realization of tasks of

public interest and to the administration of justice and, as such, must have a behavior

public and professional appropriate to the dignity and responsibility associated with the functions

who exercise, by fulfilling punctual and scrupulously the duties enshrined in the

present Statute and all those that the other legal and regulatory provisions, the

uses, customs and professional traditions impose them.

2-Are general duties of professional conduct the compliance with the code of ethics and

deontology of professional conduct, specifically, honesty, probity, the

retirees, loyalty, courtesy, punctuality and sincerity.

3-The solicitor and the executing agent have an obligation to act with zeal and diligence

regarding all issues or processes that are entrusted to them and proceed with

urbanity towards with colleagues, magistrates, lawyers and any employees.

Article 122.

Accounts-customers

1-The amounts held by associate, or professional society of these, on account of their

customers or third parties, which are entrusted to you or intended for expenses, must be

deposited into account or open accounts at credit institution in your name or from the

professional society that integres and identified as accounts-customers.

2-The amounts deposited on accounts-clients do not constitute own heritage of the

associated, being the accounts-client-autonomous heritage.

3-Countdown-customers are open in any credit institution that effectues protocol

to that effect with the Order and by which it accepts to submit to the statutory standards and

regulatory on this matter.

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4-The conditions of movement of the accounts-client, the standards for recording movements

and of its settlement are regulated in general terms and by specialty by

assembly-general, owing to be differentiated in the case that the associate has more than one

specialty.

5-A account-client presupposes a strict record of the movements effected relatively

each customer, and each process, being made available such a customer record always

that this one requests it.

6-In the framework of disciplinary proceedings, the associate may be notified to present the

register of accounts-customers.

7-It is instituted disciplinary proceedings in the case of whether there is a lack of provision in any

of the accounts-customers or if there are hints of wrongdoing in the moving respect.

8-In the case provided for in the preceding paragraph, the competent disciplinary organ determines the

precautionary measures that it deems necessary, and may order the preventive suspension

of the associate and designating another associate who takes the responsibility of the management of the

respects accounts-customers.

Article 123.

Professional civil liability

1-The associate with enrollment in force must celebrate and maintain an insurance of

professional civil liability, taking into account the nature and scope of risks

inherent in its activity, by an upstream capital not less than it is fixed

by the general council, without prejudice to the scheme especially applicable to corporations and the

provisions of Article 38 of Law No 2/2013 of January 10.

2-Professional civil liability insurance has to cover the responsibilities

professionals by the following minimum values:

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a) From EUR 100,000 in the case of solicitors;

b) From EUR 100,000 when dealing with enforcement agents or the corresponding to

50% of the value of the invoicing of the previous year, if it is more than € 100000;

3-Professional societies with limited liability should celebrate and maintain a

professional civil liability insurance at the minimum value of € 200000, no

may be less than 50% of the value of the corporation's billing in the previous year, with a

maximum limit of € 5 to 000000.

4-The solicitor or execution agent that proves that it exercises its activity

professional exclusively within the framework of a professional society of

liability limited with the insurance in force, under the statutory terms, it is not

thank you to keep the insurance referred to in paragraph 1.

5-When the professional civil liability of the associate morphs into the mere guilt, the

amount of the indemnity has as a maximum limit the corresponding to the one fixed for the

insurance in paragraph 2.

6-By regulation approved by the general assembly, the costs of insurance referred to in the

this article may be supported, in whole or in part, by the Order, relatively

to associates who have no debts of any nature to the Order.

SECTION II

Relations with third parties

Article 124.

Duties to the community

1-The solicitor and the executing agent are obliged to pugnate for the good application of the

right, by the speedy administration of justice and the enhancement of the exercise of the

profession.

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2-In particular, they constitute general duties of the associate:

a) Use of urbanity and education in the relationship with colleagues, magistrates,

lawyers, workers and too many persons or entities with whom they have

professional contact;

b) Refuse the exercise of duties when seriously suspecting that the operation or

legal acting in question aims to obtain illicit results and that the person concerned

does not intend to abstain from such acting;

c) Refuse to receive and move funds that do not strictly match the

an issue that has been entrusted to you;

d) Being rigorous in the management of the values entrusted to you or who administers in the

exercise of their duties;

e) Diligeny in the sense of payment of the fees and too much amounts due

to colleagues who preceded him in the mandate or in the roles that were given to him

entrusted;

f) Do not advertise outside the limits provided for in this Statute;

g) Do not solicit or raise customers by you or by interposed person, without prejudice

of the provisions of Article 128;

h) Wear professional attire according to the respect of the regulation;

i) Do not refuse acceptance of the process so that it has been appointed officiously,

saved by reason of impediment or suspicion;

j) Have a professional domicile communicating immediately to the general council to your

change, and the Order should regulate its essential carateries in

function of the professional activity exercised;

k) Keep the forensic employees registered in the Order, pursuant to the regulation

approved by the assemblage-geral;

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l) Do not act against the right, not use illegal means or expedients or dilators, nor

promote useless or harmful representations for the correct application of law,

administration of justice and discovery of the truth;

m) Comply with the rules of attachment of fees, questioning the competent bodies

of the Order as to the application of them, whenever you have doubts about your

application;

n) Keep your knowledge up-to-date, specifically, through the

monitoring of legislative and regulatory changes.

Article 125.

Duties to the Order

They constitute duties of the associate to the Order:

a) Do not harm the ends and prestige of the Order and any of the activities

professionals regulated by the Order;

b) Scrupulously observe the provisions of the Code of deontology of the Order;

c) Collaborate in the pursuit of the tasks of the Order;

d) Exercise the posts so that you have been elected or appointed and perform the

mandates that are entrusted to you;

e) Declare in the act of enrollment, for incompatibility check effect,

any job or professional activity that exerts and that can substantiate

an incompatibility under the terms of this Statute;

f) Require, within 30 days, the suspension of enrollment in the Order when it occurs

supervenient incompatibility;

g) Inform the Order of the occurrence of any circumstances that indict the lack

of idoneity required for the performance of their duties;

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h) Pay punctually the quotas, the fees due for the provision of services by the

Order and other amounts, specifically, those arising from the application of penalties

financial pecuniary or ancillary sanctions, due to the Order, which are established in the

this Statute or in the other applicable legal and regulatory provisions;

i) Drive with commitment the internship of the trainee associates of which it is a patron.

Article 126.

Rights to the Order

The associate is entitled to:

a) Apply for the intervention of the organs of the Order in the defence of their rights and

professional interests;

b) Require the convening of the assemblies pursuant to this Statute and in them

intervene;

c) To elect the organs of the Order and to be elected to the said organs of the Order,

re-salvaged the inelegibilities established in the law and in this Statute, and be

appointed to commissions;

d) Submit proposals and formulate consultations at the study and debate conferences

on any matters that matter to the tasks of the Order;

e) Examine, at the time due, the accounts of the Order;

f) Complain, before the general council, professional advice, or advice

regional respect and still close to their district delegations, of aggrieved acts of the

your rights.

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Article 127.

Professional secret

1-Without prejudice to the specific standards of professional secrecy of each activity

professional, associates are obliged to keep booking on any subjects

that they are entrusted with them, specifically documents, facts or any other

issues of which they have knowledge in the framework of negotiations between the parties

involved.

2-The provisions of the preceding paragraph shall not apply to cases in which the service provided if

desine to substantiate or certify a certain de facto situation.

Article 128.

Information and advertising

1-A advertising of the associates is merely informative, and must have written support.

2-The associate can disclose his or her professional activity objectively, true and

worthy, in the strict respect of the deontological duties, professional secrecy and the

legal standards on advertising and competition.

3-Understand, inter alia, by objective information:

a) The personal, academic, curricular and professional identification of the associate or the

solicitors ' society and or from enforcement officers and the respected

collaborators;

b) The appellation, the logo or other distinctive sign of the office or of the society;

c) The indication of the professional activities that they exercise, from areas or subjects

legal exercise legal;

d) The posts exerted in the Order;

e) The time of service to the public;

f) The spoken or written languages;

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g) The indication of the official website on the Internet;

h) The placing, on the exterior of the office or of the society, of a plate or tabulet

identitive of its existence.

4-Are, inter alia, lawful acts of publicity:

a) The use of cards in which you subscribe to objective information;

b) The publication of advertisements in the written press and on telephone directories, faxes or

analogues;

c) The presentation of the services provided on the Internet site within the standards

applicable regulations;

d) The mention of the condition of solicitor or agent of execution in yearbooks

professionals, national or foreign;

e) The intervention in conferences or colloquia;

f) The publication of brochures or writings, circulars and periodical articles on

themes related to the profession in the press, and may sign with the

indication of your condition of associate, of the respect of professional activity and of the

professional organization that integres;

g) The mention of professional subjects that integrate the professional curriculum of the

associated and in which the latter has intervenor, no reference may be made to the

name of the customer, save when authorized by this;

h) The reference, direct or indirect, to any public office, private or relationship of

employment that you have exercised;

i) The mention of the composition and structure of the office or of the society that it integrates;

j) The inclusion of photographs, illustrations and adopted logos;

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k) The use of marks from the title of the Order, in the terms of regulation

approved by the assemblage-geral;

l) The indication of the quality of judicial administrator or secretary of society;

m) An indication of the acts for whose practice it has competence;

n) The mention of insurance of professional liability and respect amount

maximum coverage.

5-Are illicit acts of advertising:

a) The placement of persuasive, ideological, self-aggrandizing and de-grained content

comparison;

b) The promise or inducement of the production of results;

c) The provision of erroneous or misleading information;

d) The mention of an academic title or the course that is not certified.

6-The provisions set out in the preceding paragraphs shall apply to the exercise of

any of the professional activities, regardless of whether they are exercised in title

individual or in society, by having the general assembly come to fruition, by regulation, the

standards of advertising provided for in this Statute.

Article 129.

Acceptance of the provision of services and competence

1-The associate cannot accept the provision of any professional services if for such

has not been freely requested or mandated by the customer or by representative

of this or if it has not been designated for the purpose by legally competent entity.

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2-The associate must not accept the provision of any services if he / she knows or duty to know

which does not have the competence, availability or means necessary to occupy

promptly of the subject matter or process concerned, and to monitor it in an effective manner, the

less than atue in society with necessary competence, availability and means

to the effect.

Article 130.

Reciprocal duties of associates

1-A Professional solidarity imposes a relationship of trust and cooperation between the

associates for the benefit of customers, under the law, and in such a way as to avoid disputes

useless, reconciling, as far as possible, the interests of the profession with those of justice

or of those who seek it.

2-Constituts duties of the associates, in their reciprocal relations:

a) Proceed with the utmost correctness and urbanity, abstaining from any attack

personal, depressing allusion or disexquisite criticism, background or form;

b) To respond, within a reasonable time, to oral or written requests;

c) Do not publicly issue opinion on issue that knows to be entrusted to another

associated, save in the presence of this or with your prior agreement;

d) Acting with the utmost loyalty, seeking not to gain illegitimate advantages or

undue for your client;

e) Do not sign professional writings that are not of their authorship or in which they do not

has collaborated;

f) Communicating in a timely manner the impossibility of attending any due diligence

to the other associates who in it should intervene.

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3-The associate to whom one intends to commit subject previously entrusted to another

associate should not start his acting without first diligenating in the sense of this being

paid the fees and too much amounts that are due to him, and shall expose to the colleague,

orally or in writing, the reasons for the acceptance of the service, as well as give you account of the

efforts that it has developed for that effect.

Article 131.

Public discussion of professional issues

1-The associate should not publicly pronounce on professional issues

pending, unless prior authorization of the bastonary, to which it may be required whenever

the exercise of that right of reply if it is justified in such a way as to prevent or remedy

offense to the dignity, rights or legitimate interests of the customer, the parties or the

own.

2-The application for permission shall be justified with an indication of the questions that

intend to address, and should be decided within three working days under penalty of whether

consider tacitly dewounded.

3-In the event of manifest urgency the associate may exercise this right in a restricted manner and

contained, informing the bastonary of the respective motivation within five working days.

SECTION III

General rules on the internship

Article 132.

Organization

1-The internships are organised by the general council which shall constitute commissions of

internship coordination for each of the specialties in which they integrate

representatives of the respected professional advice.

2-Compete to the general assembly to approve the internship regulations.

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3-The internship regulations:

a) They predict the rules of selection, hiring, assignment and replacement of patrons

as well as define the possible remuneration that is due to them;

b) They define the form of registration and the formal terms which must rewear the agreements

that the trainees will celebrate with other associates, to complement the

respects traineeship training;

c) They may determine the dispensation of the frequency of the internship or the carrying out of the examination

of internship to legal professionals of recognized merit who have already provided

public evidence in the exercise of other functions, by examination examinations,

notably, of the deontological and regulatory knowledge.

4-Stage regulations are subject to governmental approval under the terms of

Law No. 2/2013 of January 10.

Article 133.

Rights and duties of coordinating patrons and patrons

1-The coordinator patron accompanies the entire period of the internship, being the main

responsible for the orientation and direction of the trainee's professional exercise.

2-Coordinating patrons are selected by the Order, in the terms provided for in the

point ( a ) of paragraph 3 of the previous article.

3-The coordinator patron has the following rights:

a) Be compensated for the expenses effecting when the Order asks you to

presence in meetings or training actions related to the internship;

b) Be informed by the Services of the Order on the content of the benefits of your

trainee, as long as it is not in question the breaking of no rule of

confidentiality.

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4-The patron shall be bound by the fulfillment of the following duties:

a) To advise, guide and inform the trainee throughout his / her period of

stage;

b) Comply with the legal formalities inherent in the realization of the internship.

c) To allow the trainee solicitor access to their facilities and the use of these;

d) Allow the trainee solicitor to have access to acts and parts and to ensure that

this follow up both in the courts or in other public services.

5-Only can accept the direction of the internship, as a patron, the solicitor or agent of

run with a minimum of five years of valid enrolment in the vocational college

respect, without having suffered disciplinary sanction higher than the fine.

6-The patron may ask for escusa, provided that it is substantiated, upon written request

submitted within 10 days of the date on which it is communicated to

appointment.

Article 134. .

Rights and duties of the trainee

1-Are rights of the trainee associates:

a) Practise the acts of your competence under the guidance of the patron;

b) Attend acts and procedures and consult with respect processes.

2-Are duties of the trainee associates:

a) Guarding respect and loyalty to the patron, preserving your relationships

professionals not raising customers for themselves or for third parties;

b) To ensure confidentiality on working methods, with respect to

hierarchical structure of the office or society;

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c) Scrupulously observe the rules of use of the patron's premises or of

other facilities where the internship acts are due;

d) Submit to the internship plans that come to be defined by the patron or by the

professional society in which this one enters;

e) Collaborate with the patron and with the remaining associates of the professional society in

that this one enters, as well as effecters the work that is determined to it,

as long as it revels compatible with the activity of the internship;

f) Collaborate with commitment, zeal and competence in all activities, work and

training actions that will come to attend in the scope of internship programmes;

g) Do not assume during the period of internship functions that by law or regulation

applicable, be it exclusive to solicitors or enforcement agents;

h) Communicate to the coordinating structure of internship any fact that may

condition or limit the full compliance with the statutory standards and

requirements inherent in the internship;

i) Comply in fullness all too many legal, deontological obligations and

regulatory in the exercise of professional activity.

3-The trainee associates are still bound by the booking and secret duties

professional, on the same terms applicable to your patrons.

4-A Order assures trainees whose internship is imparted by patron patron

access to procedural parts as well as conditions conditionning for your analysis.

Article 135.

Insurance of the trainee

At the time of enrolment, the trainee must submit proof of subscription to the

group insurance policy made available by the Order, or contracted by you, relative to:

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a) Personal accident insurance that covers the risks that may occur during and

because of the internship;

b) Professional civil liability insurance that covers, during the realization of the

stage and while the respect enrollment holds active, the risks inherent in the

performance of tasks that as a trainee solicitor are assigned to you,

as set out in the respective policy, renewing it whenever necessary

until its completion.

Article 136.

Professional internship promoted by the public employment service

1-The professional stage of the Order does not confuse with the professional internship

promoted by the public employment service.

2-Without prejudice to the provisions of the preceding paragraph, the Order may decide forms of

recognition or equiparation of the stages promoted by the public service of

employment.

CHAPTER IV

Of the solicitors

SECTION I

Exercise of the activity of solicitor

Article 137.

Exclusivity of the exercise of the solicitor

1-In addition to lawyers, only solicitors with enrollment in force in the Order and the

professional riding for solicitors in free provision of services,

may, throughout the national territory and in the face of any jurisdiction, instance, authority

or public or private entity, practice own acts of the profession, specifically

exercise the judicial mandate, under the law, in a liberal profession

remunerated.

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2-They are considered to be acts of their own as defined in Law No. 49/2004 of August 24.

Article 138.

Requirements for enrolment of nationals of other States

1-Professional titles are awarded to nationals of Member States of the Union

European or the European Economic Area or third countries whose qualifications

were obtained outside Portugal with the recognition of those qualifications, nos

terms of this Statute, of Law No. 2/2013, of January 10, and of Law No. 9/2009, of

March 4, amended by Laws No 41/2012 of August 28, and 25/2014, of May 2.

2-The professional who intends to register in the Order under the preceding paragraph and

who pay services, in a subordinate or autonomous manner or in the quality of a partner or

which act as a manager or administrator in the Member State of origin, in the framework of

associative organization of professionals, must identify the organization concerned in the

application filed pursuant to Article 47 of Law No 9/2009 of March 4, amended

by the Laws n. ºs 41/2012, of August 28, and 25/2014, of May 2.

3-In case the fact to be communicated in the terms of the preceding paragraph occurs after the submission of the

application for recognition of qualifications, must the associative organization in question be

identified before the Order within 60 days.

Article 139.

Free provision of services

1-The legally established professionals in another Member State of the European Union

or of the European Economic Area that will develop functions comparable to those of

solicitor may exercise them, in an occasional and sporadic manner, on national territory,

in regime of free provision of services pursuant to Law No. 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2.

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2-The professional who pays services, in a subordinate or autonomous manner or in quality

of a partner or who atue as a manager or administrator in the Member State of origin, in the

scope of associative organization of professionals and intend to exercise their activity

professional in national territory in that capacity, in regime of free provision of

services, must identify before the Order the associative organization, on account of which

provides services, in the declaration referred to in Article 5 of Law No 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2.

3-Without prejudice to the provisions of Article 3 (2) of Law No 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2, the

professionals referred to in the previous figures become subject, as far as the

exercise of the profession on national territory:

a) To the rules on advertising and clientele angling;

b) To incompatibilities, impediments and norms on conflict of interest and

suspicions;

c) To the rules of professional secrecy;

d) To the deontological rules in general;

e) To the rules of procedure and procedure that are applicable to them, including the

provisions of Article 84;

f) To the obligation to indicate a domicile, own or another professional, in

national territory, for the receiving of citations and notifications, save in the processes in

that they accept citation and notification by fax or electronic system of

information;

g) To the rules referred to in articles 149 to 154.

4-The professionals referred to in the previous figures are equated with solicitors for

all legal effects, except where the contrary result from the provisions in question.

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Article 140.

Electro trade

The legally established professionals in the Member State of the European Union or of the

European Economic Area that there develop functions comparable to those of solicitors

may exercise them, through electronic commerce, with a destination to the national territory,

observed that it is the provisions of the Decree-Law No. 7/2004 of January 7, as amended by the

Decree-Law No 62/2009 of March 10 and by Law No. 46/2012 of August 29 and with

subjecting to the rules of procedure and procedure that are applicable to them, including the

provisions of Article 84.

Article 141.

Contract of work

The contract of employment concluded with the solicitor may not affect your duties

deontology and its exemption and technical autonomy in the face of the employer.

Article 142.

Professional secret of the solicitor

1-Without prejudice to the provisions of Article 127, dealing with a solicitor, the secret

professional covers yet:

a) The facts of which he has been aware of the virtue of office played in the

Order;

b) The facts regarding professional matters communicated by colleague with whom

be associated or to which you pay collaboration.

2-A The obligation of professional secrecy remains still that the service requested or

committed to the associate involves judicial or extrajudicial representation, whether or not

remunerated or has not come to be accepted.

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3-The willing in the preceding paragraph covers all associates who, direct or

indirectly, have any intervention in the service.

4-Professional secrecy covers still documents or other things that relate,

directly or indirectly, with the facts subject to secrecy.

5-Professional secrecy shall comprise the prohibition of public discussion or realisation of

comments on any pending proceedings.

6-The associate may reveal facts covered by the professional secret, as long as this is

absolutely necessary for the defence of dignity, rights and interests

legitimate from the associate himself or the client or his or her representatives, upon preview

authorization of the bastonary, of which it is up to the upper board.

7-The acts practiced by the associate in violation of professional secrecy cannot do

proof in judgement.

8-Even if it is waived, in accordance with the provisions of paragraph 6, the associate may hold the

professional secret.

9-The duty to guard secrecy is extensive to all people who collaborate with the associate

in the exercise of their professional activity, with the comination provided for in paragraph 7.

10-The associate must demand from the persons referred to in the preceding paragraph the fulfilment of the

duty there foreseen at the time prior to the start of the mentioned collaboration.

Article 143.

Seizure of documents

1-Cannot be apprehended the correspondence, whatever the support used, which

respect the exercise of the profession.

2-A The ban extends to the correspondence exchanged between the solicitor and the one who

have committed or intended to commit tenure or have requested it to appear, even

that this has not been yet given or been refused its provision.

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3-Understand in the correspondence the written instructions and information about the

subject of the appointment or mandate or the opinion requested.

4-It is the case that the correspondence respects the criminal fact, concerning the

which the solicitor has been constituted arguable.

Article 144.

Conflict of interest

1-The solicitor shall refuse the provision of services in an issue where he / she already has

intervening in any other quality or is related to another in which they represent, or

has represented, the opposing party.

2-The solicitor shall refuse the provision of services against whom, in the other cause pending,

pay services.

3-The solicitor may not advise, represent or act on account of two or more

customers, in the same subject or in a conjoined matter, if there is a conflict of interest between

these customers.

4-If a conflict of interest arises between two or more customers, as well as if it occurs

risk of violation of professional secrecy or diminishing its independence, the

solicitor must cease to act on account of all clients, in the framework of that conflict.

5-The solicitor must refrain from accepting a new client if such a puser at risk the

compliance with the duty to guard professional secrecy regarding the affairs of a

previous client or if knowledge of these subjects resulted in illegitimate advantages

or unjustified for the new client.

6-Whenever the solicitor exercises his / her activity in association, in the form of society

or other, the conflict of interest is extensive and analyzed also in the function of the

associates.

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Article 145.

Other duties in the relationship with customers

1-In relations with the customer, they are still duties of the solicitor:

a) Give your conscientious opinion about the meritness of the customer's claim,

as well as to provide, where this is requested, information on the

progress of the issues entrusted to it, on the criteria it uses in the

fixation of your fees, indicating, where possible, your total amount

approximate, and still about, the possibility and the way to obtain judicial support;

b) To study carefully and treat with zeal the issue that it is entrusted,

using for the purpose all the resources of your experience, know and activity;

c) Advising all composition that you find fair and equitable;

d) Do not celebrate, in their own advantage, contracts on the object of the issues that

are entrusted;

e) Do not cease, without a justified reason, the provision of services in the matters that

are committed.

2-Even if there is justified reason for the cessation of the provision of services, the

solicitor should not do so in such a way as to imenable the customer to obtain, in good time, the

assistance from another solicitor.

Article 146.

Customer values and documents

1-The solicitor shall give the application due to values, objects and documents which

have been entrusted, as well as to account to the customer of all the values of this

that you have received, whatever your provenance, and present note of

fees and expenses as soon as this is requested.

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2-When to cesse the representation, the solicitor must refund to the customer the values, objects

or documents of this one that find themselves in their power.

3-The solicitor, presented the note of fees and expenses, enjoys the right of retention

about the values, objects or documents referred to in the preceding number, for warranty of the

payment of the fees and the reimbursement of the expenses owed to it by the

client, unless the values, objects, or documents in question are required to

proof of the right of the customer or that its retention causes this irreparable damage.

4-It must, however, the solicitor restitute such values and objects, regardless of the

payment to which you are entitled, if the customer has provided collateral arbitrated by the

professional council.

5-Can the professional council, prior to payment and the application of the solicitor or

of the customer, send in to this any objects and values when those who

remain in power of the solicitor are manifestly sufficient to guarantee the

payment of credit.

Article 147.

Accounts-client of solicitors

1-The register of movements of the accounts-solicitor client is effected by the

standards of the respecting regulation may be effected by using informatic support

made available by the Order through protocol that the associate subscribed to.

2-The solicitor may not use the amounts that have been delivered to him by customers or by

third parties for payment of your fees, unless you have written instructions in that

meaning.

Article 148.

Settlement of the accounts-client

1-Proceed to the settlement of the solicitor's account-client when:

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a) Have passed away or been declared unable or interspoken;

b) Has been suspended for period longer than six months, interdict definitely

or cancelled the enrollment by disciplinary decision;

c) Has required the suspension or cancellation of duties in the college

professional.

2-Proceed to the settlement of the accounts-customers of the societies when they have been

dissolved for any reason.

3-A The settlement consists in the clearance of the values due to the customers or third parties that the

they are entitled, through information from these and the cotejo of the documents

existing, respecting the principles of the adversarial.

4-A settlement is effected by solicitor or professional society that is selected from

list of candidates by the professional council.

5-The designated liquidator receives all the collaboration of the credit institutions and the

solicitor prevented or from his heirs or legal representatives, sending him delivered

the records of the accounts-customers to be liquidated.

6-Finda the settlement, the established values are paid by the banking institution, to whom the

these have a right, upon certificate subscribed by the liquidator and the bastonary.

7-If after the settlement is ascertained that there are missing values, they are withdrawn for

disciplinary and criminal effects and the payments to whom you are entitled by

prorogation proportional to the value of the credits.

8-The cost of settlement is incumbent on the associate who gave it cause.

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Article 149.

Provisions

1-The solicitor may apply to the customer for the delivery of provisions on account of the fees

or for payment of expenses, and no such provisions shall exceed an estimate

reasonable of the probate and likely expenses.

2-Not being delivered the requested provision, the solicitor may waive the occupation of the

subject or refuse to accept it.

3-The solicitor can only be held responsible for the payment of justice fees,

expenses or any other charges that have been provisioned for such an effect

by the customer and is not obliged to dispose of the provisions he has received for honorariums,

provided that the affectation of these to the fees has been authorized under the terms of paragraph 2 of the

article 147.

Article 150.

Fees

1-The solicitor's fees must correspond to an economic compensation

suitable for the services effectively provided, and must be paid in cash,

may take the form of fixed retribution.

2-In the lack of prior written reduced convention, the solicitor presents to the customer the

respects honorariums with discrimination of the services provided.

3-In the fixation of the fees must the solicitor meet the importance of the services

provided for the client, the difficulty and urgency of the subject matter, the degree of creativity

intellectual from its provision, to the result obtained, to the time spent, to the

responsibilities for it assumed and the costs in which it has to incur for the

provision of the requested service, as well as the remaining professional uses.

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4-Funded acts in professional uses can be mirrored in table of honorariums.

SECTION II

Rights and duties of the solicitor

Article 151.

Rights of the solicitor

1-solicitors may, in the exercise of their profession, apply for, in writing or

orally, in any court or public service, the examination of processes, books or

documents that do not have reserved or secret character, as well as the passage of

certificates, with no need to display power of attorney.

2-A refusal of the examination or certificate to which the preceding paragraph is concerned shall be justified

immediately and in writing.

3-The solicitors have the right to communicate, personally and privately, with their

customers, even when these find themselves detained or arrested.

Article 152.

Trial hearings

In the trial hearings, the solicitors dispose of benches.

Article 153.

Specific duties of the solicitor

Without prejudice to the remaining duties enshrined in this Statute, in the rest

legal and regulatory provisions, and in the uses and customs of the profession, to solicitors

fulfils:

a) Check the identity of the customer and the representatives of the same, as well as the

powers of representation conferred on the latter;

b) Refuse the mandate or the officious appointment for cause that is related to another

where they represent or have represented the opposing party;

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c) Do not contact or maintain relationships with the opposing party or with against-

interested, when represented by solicitor or lawyer, save if by

these are previously authorized;

d) Provide the information that is requested to them by the party, relating to the state of the

representations that have been committed to them, and to communicate them promptly to their

fulfillment or the frustration, with an indication of its causes;

e) Wear the professional attire when pleated orally;

f) Use the seal of authentication in the signature recognitions, in the translations, in the

certification of translations, in the certification of photocopies and in authentication of

documents.

SECTION III

Disciplinary infractions

Article 154.

Disciplinary infractions of the solicitor

1-Constitute disciplinary infraction of the solicitor the violation, by action or omission, of the duties

specific to the solicitor, the duties provided for in the general part, relating to the associates

of the Order, as well as of the remaining applicable legal and regulatory provisions.

2-Professional practitioners who exercise soliciting in national territory under free

provision of services under the provisions of Article 139, the societies of

solicitors, solicitor companies and enforcement officers and organizations

associatives of solicitors referred to in Article 96 are also liable to

disciplinary accountability, to the extent that the duties referred to in the number

previous are applicable to them.

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SECTION IV

Solicitor guarantee fund

Article 155.

Solicitor guarantee fund

1-A-General assembly may, by joint proposal of the general council and the college of

solicitors, affect part of the revenues resulting from the respect activity to the creation of a

guarantee fund, intended to be responsive to the obligations assumed in the management of the

request-solicitor clients and in the management of files of solicitors that cease

unwittingly his duties.

2-A The regulation of the fund referred to in the preceding paragraph shall compete with the general assembly,

listened to the professional advice of solicitors.

SECTION V

Stage for solicitor

Article 156.

Stage

1-The internship aims to provide the solicitor trainee with the knowledge of the

acts and more usual terms of the forensic practice and the rights and duties of the solicitors.

2-A The duration of the internship is 12 a to 18 months from the date of the application for enrolment

including the training and evaluation phases and starts once a year, on date to be fixed

by the general counsel.

3-The internship is aimed at the deepening of technical-professional knowledge and

deontological necessary for the exercise of the profession and the use of these in the

relationship between the services of justice and administration and their represented.

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4-In the second period of internship the trainee solicitor, in the exercise of knowledge

acquired, it passes on to be able to exercise the skills set out in the present

Status under the supervision of your patron or associate who has assumed such

liability under the provisions of the paragraph b ) of Article 132 (3).

Article 157.

Internship services

1-A internship coordination committee can create, in the regional councils or in the

district delegations, internship centres and internship services, in which you can delegate the

instruction and the plotting of the enrolment processes of the trainee solicitors.

2-The internship centres and internship services consist of solicitors,

may still be integrated by other professionals appointed by the commission of

internship coordination.

Article 158.

Registration at the stage

1-Can apply for enrollment at the internship:

a) The holders of one of the habilitations referred to in point (s) a ) of the Article 1 (1)

105. who do not find themselves enrolled in another professional order;

b) The nationals of another Member State of the European Union or of Space

European Economic holders who are holders of the legally required qualifications

for the access to the internship with a view to the exercise of the profession equated in the

respects state of origin.

2-The trainee must make himself / herself with an identifiable card of that quality, issued

second rules and model defined in the internship regulation.

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3-Can still carry out internship, in special arrangements, the professionals coming from another

Member state which here if they want to establish, as a compensation measure, in the

terms of Article 11 of Law No. 9/2009 of March 4, as amended by Law No 41/2012,

of August 28, and 25/2014, of May 2.

Article 159.

First stage period

The internship regulation may determine the requirement for the trainee solicitors of

elaboration of work and reports on the topics developed in the first period

of internship, which prove the acquired knowledge, which must be taken into

account in your assessment, as integral elements of the final exam.

Article 160.

Second period of internship

In the second period of internship, the candidate may exercise all the functions permitted by

law to forensic employees, promote citations under the guidance of their patron, effecting

support services to the office or to the society in which it exercises its activity and follow up

the patron in all representations in the courts or other services of the State.

Article 161.

Suspension and cessation regime of the internship

1-The internship can be suspended through reasoned application directed at the

bastonary.

2-The internship is, obligatorily, restarted in the immediately following stage period,

resuming at the same stage in which it was suspended.

3-If the internship referred to in the preceding paragraph, other standards are to be applicable for

admission and frequency, the trainee can only restart it if it ensures its compliance

on the terms that come to be determined by deliberation of the general counsel.

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4-The probationary period already carried out loses any validity if the request for a restart is not

checked out for the following stage.

CHAPTER V

Of the executing agents

SECTION I

Exercise of activity and internship

Article 162.

Definition and exercise of the activity of enforcement agent

1-The enforcement officer is the auxiliary of justice that, in the pursuit of the public interest,

exercises powers of public authority in the fulfillment of the representations it carries out in the

implementing processes, in the notifications, in the citations, seizures, sales and the

publications in the framework of legal proceedings, or in acts of a similar nature that, still

that do not have a judicial nature, to these can be equated with or be of the same

instructors.

2-The specific competencies of enforcement agent and the remaining functions that are to you

assigned are exercised under the terms of this Statute and the law.

3-The executing agent, even if appointed by one of the procedural parties, is not

representative of this nor represents it.

Article 163.

Execution agent stage

1-The internship is aimed to provide the trainee with the trainee agent the

knowledge of the acts and more usual terms of the practice of own acts of agent of

execution, as well as of their rights and duties.

2-A duration of the stage of execution agent is 18 months from the date of the application

of enrollment, including the stages of training and evaluation.

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3-The internship takes effect under the provisions of this Statute and the regulation of

stage.

4-Can apply for enrollment at the stage the degree holders in law or in

soliciting.

5-The trainee must make himself / herself with an identifiable card of that quality, issued

second rules and model defined in the internship regulation.

6-A periodicity and the number of vacancies for access to the execution agent stage are

determined by the general counsel, taking into account the effective need for agents of

execution for the efficient functioning of the justice system, ears the council

professional and the CAAJ.

7-The final exam of internship for execution agent versa on the executive process and

on the specific competence acts of the executing agent, the drafting of the

examination, the definition of the evaluation criteria, and the evaluation itself carried out by

external entity and independent of the Order, selected by a jury constituted by a

representative appointed by the bastonary, by a representative appointed by the board

professional of enforcement officers and by a representative of CAAJ.

8-Compete to the Order ensure payment of the services of the external entity referred to in the

previous number through the collection of an enrolment fee in the examination and which is fixed

in each examination by the jury.

9-During the practical part of the internship and under the guidance of the patron, the executing agent

trainee can practice the acts of executive nature in processes of lower value than

stretch of the court courts of first instance, as well as those who are

expressly delegated by the patron.

10-Exclusively for the purpose of evaluation of the trainee may the entity referred to in paragraph 7

access the data of the executive processes in which the trainee agent has had

intervention, being obliged to the same secrecy duties as the enforcement agent.

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11-A external and independent entity referred to in paragraph 7 may not:

a) Be designated for more than three consecutive internship periods;

b) Provide courses or join the organisation of preparation courses for the

final examination, during the period in which it is designated under paragraph 7.

12-At the stage of enforcement agent applies the suspension and cessation regime of the internship

provided for 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 fulfillment of the following duties:

a) Entrust the trainee enforcement agent with the practice of acts of an executive nature,

up to the value of the winged of the first instance, so that this tramite under its

orientation, as well as the promotion of citations in nature processes

declarative of the responsibility of that, always under its remit and direction;

b) Allow the trainee enforcement agent to have access to forensic acts and parts

of the authorship of the patron and who assist with representations relating to the functions of

execution agent;

c) Consent to the affixing of the signature of the trainee of the trainee agent together

with that of the patron, in all the works by that accomplished.

2-The trainee enforcement officer has a duty to record all the acts he practices, in the

scope of legal proceedings, in the informatics system of supporting the activity of the agents

of execution.

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SECTION II

Incompatibilities, impediments and assignment limits

Article 165.

Incompatibilities

1-In addition to the provisions of Article 102, it is incompatible with the exercise of the functions of

execution agent:

a) The exercise of the judicial mandate;

b) The exercise of the activity of judicial administrator;

c) The development of any other activities that may substantiate a

incompatibility under the terms of this Statute.

2-The own functions of enforcement agent may not be exercised in a regime of

contract of employment, except where the employer is:

a) An enforcement agent;

b) A professional society of enforcement officers.

3-In the situation provided for in the preceding paragraph the executing agent with contract of employment

cannot be assigned to processes, but is not prevented from practicing acts

specific determined by the employing entity.

4-The incompatibilities to which is subject to the executing agent extend to the

solicitors, lawyers and other collaborators with whom they share facilities or

have professional society.

5-The executing agent who carries out duties in contract employment shall

inform any persons or entities with whom to relish about identification

of its employing entity, to which it is corresponded by the practice of its acts.

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Article 166.

Impediments and suspicions

1-It shall apply to the executing agent, with the necessary adaptations, the established scheme

in the Code of Civil Procedure about the impediments and suspicions of the judges.

2-In addition to the provisions of Article 103, they are also impediments of the agent of

execution:

a) The exercise of the functions of enforcement officer when he participated in the

obtaining the title that serves as a basis for execution, unless this has been obtained

as an actual act of enforcement agent;

b) The judicial or extrajudicial representation of some of the parties occurring in the

last two years.

3-The impediments to which is subject to the executing agent extend to the respects

partners, enforcement officers and professionals who share the same structure, deriving

also of the activity of these.

4-The designated executing agent considers himself to be prevented regardless of the

hindrant circumstance if it checks in itself or any other person with whom

partiits facilities.

5-It can only exercise judicial mandate in representation of intervening party in proceedings

of execution in which it has assumed the functions of executing agent who has

cessation of such functions at least three years ago.

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Article 167.

Assignment limits for new processes

1-A CAAJ may set, by June 15 of each year, the maximum number and species of

processes for which the enforcement officers or the societies that integrate may

be assigned to any title, after hearing the professional advice of the agents

of execution.

2-Executionofficers may apply, grounded, to the professional council

of the enforcement officers, the suspension of their designation for new processes, by

certain period, or the limitation of the monthly number of processes for which

are assigned to any title.

3-The application mentioned in the preceding paragraph is submitted to the council

professional by electro, which must decide, under penalty of tacit deferrous, in the

period of 30 days.

4-Decreed the suspension, is the same as entered in the list referred to in Article 100.

SECTION III

Duties of the executing agent

Article 168.

Duties of enforcement officers

1-In addition to the duties of associates, and without prejudice to the provisions of the following articles,

are duties of the executing agents:

a) Practice diligently the procedural acts of which they are tasked, in the terms

of the law and the applicable regulatory provisions;

b) Render to the court, the parties and third parties the information determined in the terms

of the law or of the applicable regulatory provisions;

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c) Render accounts of the activity carried out, promptly delivering the amounts, the

objects or the documents of which they are holders because of their acting

as enforcement agents;

d) Not to exercise or permit the exercise, in your office or society, of

non-forensic activities or that are incompatible with the activity of agent of

implementation, under the terms of this Statute;

e) Present the professional ballot in the exercise of your activity;

f) Regardless of annual revenue amounts, have organized accounting

pursuant to the tax law, without prejudice to the standards set out in the regulations of the

accounts-clientes;

g) Diligeny in the direction of promoting its replacement in processes for which

have been assigned when justifiable reason occurs that prevents the

normal driving of the same;

h) Do not accept the assignment for new processes, require the suspension of

designation or limitation of the monthly number of processes in which they are

assigned when they do not have the means necessary for their effective

follow up;

i) Keep updated the information regarding the state of each process in the system

informatics of support to the activity of enforcement officers;

j) Participate disciplinarily of the executing agent to whom they have delegated the

practice of determined acts when not carried out in a timely manner, proceeding

to their replacement after the course of the deadline for the practice of those;

k) Pay in a timely manner the fees and other amounts due to the Order and the CAAJ;

l) Pay the expenses corresponding to the settlement of the proceedings to your office;

m) Provide all necessary collaboration to the exercise of the tasks of CAAJ;

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n) To use the seal of authentication, in the context of the judicial process, in the issuance of

certificates, in the citations, in the avulous notifications and in the autos of penhora, with

exception of the emitted telematically.

2-It is still the duties of enforcement officers to comply with legal and regulatory standards

applicable, in particular, those relating to:

a) Registration of acts and financial and accounting movements;

b) Use of means of communication and electronic signature in relations with

other public and private entities, specifically with the courts;

c) Use of an electrolytic address;

d) Structures and IT means;

e) Registration, together with the Order, of the goods of which it is faithful depositary, pursuant to

portaria of the member of the Government responsible for the area of justice;

f) File of documents relating to the executions or other acts by you practiced;

g) Registration, by means of electronicity, to the Order, of the processes in which I intervene

as part.

3-The enforcement officer is not subject to the duty of professional secrecy as to the acts

procedurals effectively practiced, being at the same time barred from revealing:

a) Outside the exercise of their duties, the identification of the actors or the

procedural plotting;

b) The data to which you have access through the computer means that are

made available for purposes other than those provided for in the procedural law;

c) The content of negotiations aimed at intermediating agreement when expressed and

previously communicate to the confidentiality actors of these.

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4-A lack of presentation of the civil liability insurance voucher

professional to CAAJ implies the immediate suspension of designation of the enforcement agent

for new processes.

Article 169.

Duties of information

1-The executing agent and, when integrated into society, also this one, shall

make available to CAAJ, annually, and in any case, whenever it is requested,

documentation proving the regularity of the contributory situation before the

tax administration and social security, as well as the map of responsibilities of

credit issued by the Bank of Portugal.

2-The executing agent, or the society that integrates it, shall still send to CAAJ, up to 31

of May, by reference to the previous financial year, the annual accounts certified by technical

account officer or official reviewer of accounts, when there is, increased declaration

of this on the solvability of the executing agent and the ability to ensure the

payment of the values entrusted to it during the certified tax years.

3-When the report referred to in the preceding paragraph contains reservations, CAAJ may fix

a time limit for regularization of the indicated reserves.

4-Without prejudice to the disciplinary sanction to which there may be place, as well as the application of

other measures of a cautionary character, the inobservance deemed unwarranted of the duties

of information to which the previous figures refer, by a term of more than 30 days,

may determine the suspension of the designation for new processes until it is issued

affidavit of the CAAJ attesting to the compliance with the duty of violating information.

Article 170.

Continuous training

1-The enforcement officers shall comply with the mandatory continuing education plan,

defined by regulation to be approved by the general assemblage.

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2-The regulation referred to in the preceding paragraph shall provide for:

a) The allocation of credits for each training action;

b) The number of minimum credits that the enforcement agent must obtain in the period

of two years;

c) The realization of a qualifying examination of knowledge afferment when the

execution agent does not obtain the number of minimum credits, referred to in para.

previous;

d) The possibility of conducting new qualifying exam, volved six months after the

examination referred to in the preceding paragraph, there may be place the suspension of designation

for new processes in case the execution agent maintains an evaluation

negative;

e) The cancellation of the inscription by the Order, to be determined by the CAAJ, decorated two

years without a check of the approval in the examination referred to in the preceding paragraph.

3-Forensic employees and the remaining employees and contractors of enforcement agent

are also subject to the fulfillment of a training plan, initial and continuous,

mandatory, intended to check and guarantee the acquisition and permanent update of the

knowledge necessary for the exercise of its functions and the correct fulfilment of the

law.

4-The training plan referred to in the preceding paragraph shall be defined by regulation to

approve by the general assembly, and it shall be provided for it to be expected to cancel

of the register of the forensic employee with the Order when this demonstrator does not possess

the knowledge necessary for the exercise of its functions and the correct fulfilment

of the law.

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Article 171.

Accounts-Execute agent customers

1-The enforcement officers are subject to the applicable legal and regulatory provisions

relating to accounts-customers, particularly those provided for in Articles 147 and 148, with the

necessary adaptations and the specificities set out in the following numbers.

2-The executing agent must have at least two accounts-clients to his order, one with

the mention of the circumstance of dealing with an account-customers of the exequents and the other

with the mention of dealing with an account-clients of the executed, in which

obligatorily deposit:

a) In the accounts-customers of the exequents, all amounts intended for justice fees,

expenses and fees;

b) In the accounts-customers of the executed, all the amounts received and intended for the

payment of the amount exequale and the remaining charges with the process.

3-It is mandatory the informatic record of all the movements of the accounts-customers of the

execution agent operated in each process, and must be observed the remaining

standards and procedures defined in the regulatory terms as referred to in paragraph 1.

4-The informatic record of the movements of the accounts-customers of the executing agent

operated in each process is made available to the parties, preferably by way of

electro.

5-If interest is credited, resulting from the deposit of amounts on the accounts-customers of the

execution agent, these must be delivered, proportionally, to whom they have

right, provided that it superior to 1/20 of procedural account unit (UC), being the

remaining accrued value transferred annually to the agents ' guarantee fund

of execution.

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6-The documentary and computer supports of the accounts-customers are compulsorily

made available, by the credit institution and by the enforcement officers, to CAAJ.

7-Executing agent must keep accounts-differential clients for services that do not

derive from that their quality.

8-The debit movements of the accounts-customers are effectuated or authorized through

computer application approved by the general council.

9-The debit and credit movements are carried out in the terms defined in the portaria of the

member of the Government responsible for the area of justice.

10-When there is place for the liquidation of the autonomous patrimony constituted by the account-client,

the creditor balance that comes to be ascertained:

a) From the executed customer's account, it is intended to extend the amount made available by the

guarantee fund for payments of the values due by the executing agent;

b) From the account-client of exequents, in case there are no debts in the customer account of

performed, is intended for the executing agent or his heirs, after being

paid the expenses for settlement and the fees and taxes due.

11-Countdown-customers constituted before May 1, 2012, including, are

compulsorily reconciled in the terms of the regulation to be approved by the assembly-

general.

12-Understand by conciliation the association of all movements to credit and debit

that they should take place in the respective respects to the respective procedural movements.

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Article 172.

Lack of provision or irregularities in the accounts-customers

1-Constituting grounds for the prosecution of disciplinary procedure for the verification of lack of

provision in the accounts-customers, of existence of evidence of wrongdoing in the respect

move, as well as the lack of registration of the values received and paid in the accounts-

customers, in the terms of the applicable regulations.

2-Presume-if irregular the movement the debit ordered by the executing agent without that

comply with applicable legal or regulatory rules.

3-In the case provided for in the preceding paragraph, the CAAJ may determine the implementation of the measures

caucuses that it considers necessary, provided for in Article 205.

4-Havening place for the application of preventive suspension of duties, the CAAJ determines the

immediate blocking of access to the accounts-customers and assigns liquidator execution agent,

which ensures the liquidation of the processes and the deposit of the pawned goods, having in

a view to regulate the tramping of the processes by the substitute executing agent that is

designated by the exequent, or in its absence, by that commission.

5-The monies to be accredited in the accounts-customers after the blocking respect are not considered

for settlement purposes, being delivered to the substitute executing agent on the terms

of the paragraph b ) of Article 178 (10).

6-Still that there is no place for the application of preventive suspension of duties, CAAJ may

also designate a liquidator execution agent if it considers that there is a need

to proceed to the settlement of the proceedings for the purposes of instructional proceedings of the disciplinary procedure.

Article 173.

Fees

1-The enforcement officer is obliged to apply, in the remuneration of his services, the tariffs

approved by portaria of the member of the Government responsible for the area of justice, heard

the Order.

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2-The tariffs provided for in the preceding paragraph may understand a fixed part,

established for certain types of procedural activity, and a variable part,

dependent on the consumpation of the effects or of the intended results with the acting of the

execution agent.

3-The executing agent shall affix to his office or in his society the tariffs

applicable in the executions and the other types of processes or acts of which it is

legally entrusted and inform those interested, since soon, of the likely amount of the

your fees and expenses, and you should such information be recorded in the process.

4-The executing agent shall still inform those concerned, throughout the process, of the

fees and expenses effectively due, as well as of all the other costs

associated with the processes or acts that are entrusted to you.

5-Are borne by the executing agent the costs to which improperly der azo, of

manifest form, in the exercise of its activity.

Article 174.

Collateral

1-Executing agents who receive annually more than 1000 processes, or that

have outstanding more than 2000 lawsuits, must provide a cash collateral,

by deposit in favour of CAAJ, which guarantees the payment of the expenses arising

of the liquidation of the processes to their office, or of the society which integrate, when they cease

temporary functions or definitely or is extinguished the society, depending on the

number of processes.

2-Addressing a society of enforcement officers, this shall provide collateral when

the number of proceedings entered and pending, divided by the number of its partners, in the

end of each calendar year, be superior to any of the limits provided for in the preceding paragraph.

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3-The value of the surety is calculated by multiplying the number of processes that exceed

any of the limits referred to in paragraph 1 at the end of each calendar year by a factor fixed between

0.15 and 0.5 UC.

4-Compete to the CAAJ manage the funds deposited in the account referred to in paragraph 1.

5-The executing agent or the professional society may provide bank guarantee of

value equivalent to that of the deposit as long as this is actionable to the first request of the

CAAJ and ensure immediate liquidity.

6-A The determination of the factor referred to in paragraph 4, the mode of provision of the surety, the

limits on the management of the deposited funds and their reimbursement are defined by

regulation to be approved by the general assembly, on a proposal from the general council.

7-The executing agent who is not integrated into a professional society of agents of

execution must designate colleague who replaces it in case of temporary impediment and

that can ensure the plotting of the processes, the management of the office and the accounts-

customers, and should observe the following rules:

a) The designated execution agent has to express in writing the acceptance of the

designation;

b) To the designated executing agent they have to be granted the necessary powers

to perform the functions at any time, taking over the functions for all the

acts equivalent to the delegated execution agent;

c) When providing for a temporary impediment for a period of less than six months,

the enforcement officer shall inform the Order and the CAAJ of that fact;

d) In the case of temporary impediment greater than six months or disability does not

expected, compete with the CAAJ to determine the replacement of the enforcement agent and the

respect term of duration.

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8-Failure to comply with the provisions of this Article, for a period of more than 30 days,

constitutes disciplinary infraction and determines the suspension of the designation for new

processes until being provided the missing surety or indicated the executing agent

replacement.

9-The possible interest of the deposited surety is revenue from the guarantee fund.

10-Compete to CAAJ regulate the surety procedure and the replacement process

provided for in this article.

Article 175.

Box of compensations

1-A The compensation box is intended for:

a) Compensate for the displacements effected by execution agent, within the own

comarch or for any place, in the cases of officious designation, when your

costs exceed the value defined by porterie of the Government member

responsible for the area of justice;

b) Support the training actions of the enforcement officers or the candidates for this

professional activity;

c) Support the development and maintenance of the necessary informatics applications

to the exercise, the monitoring and surveillance of the activity of agent of

execution;

d) Pay for inspection and surveillance services promoted by the Order;

e) Financing the activity of CAAJ;

f) To finance the guarantee fund of the executing agents;

g) Support the costs of the settlement, maintenance and management of the file of the processes

of enforcement officers who cease functions, when they may not be

supported in accordance with Article 148 and are not covered by collateral;

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h) Support other expenses designed to simplify the stepping up of the processes

executives, to reduce procedural costs and to allow the regular exercise of the

activity of the executing agents.

2-The revenue from the compensation box consists of a permilage of the values

received within the scope of the functions of enforcement agent, to be defined by portaria of the

member of the Government responsible for the area of justice after reasoned proposal of the

Order, and may that vary depending on the carateries of the processes that are

trusted.

3-A The compensation box is managed by a professional specifically designated for the

effect, appointed by the general council, ears the professional council and the CAAJ.

4-To finance the guarantee fund of the executing agents, are captivated 15% of the

annual revenue from the compensation box.

5-Deduced the amount earmarked for the guarantee fund, are captivated 1/3 of the revenue of the

compensation box to fund CAAJ.

6-A The transfer of the captive referred to in the preceding paragraph to the CAAJ shall be up to the

term of the following month in which the collection occurs, without prejudice to, by protocol between

the Order and the said commission, other conditions may be agreed upon

transfer or use of the captive.

7-A The collection of the values due to the compensation box is effected by the Order of

automatic form, with the payment of the value over which the permilage is calculated, or

previously to the movement of the process.

8-A accounting for the values raised and expended with the obligations of the box of

compensations is the object of own registration, and the information should be provided to CAAJ.

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9-The remaining aspements regarding the collection and management of the monies to be affected to the box of

compensations are regulated by the general assembly, in the terms provided for in the article

22., included the mandatory automatic direct debit of the value due to the box of

compensation whenever this is indexed to the value of a given honorarium.

10-Whenever no direct debit has been carried out, the non-payment timely by the

agent of execution to the compensation box may determine, for the period in which

last the non-payment the unavailability:

a) From the informatics support services provided by the Order that may be

by means of their own means, namely, the consultations, the pentimes

electro-trophic that are not compulsorily carried out by such form and services

protocoled postcards;

b) From access to care in computer support;

c) From access to the training actions or conferences promoted by the Order of

free or subsidized character;

d) From the exclusive digital certificate of execution agent;

e) Of the professional civil liability insurance eventually made available by the

Order.

11-A Order notifies the executing agent to, in the seat of prior hearing, if

pronounce, in writing, within 10 days, on the application of the provisions of the number

previous.

12-After the prior hearing of the executing agent, the Order communicates to the agent of

implementation, at the minimum 10 days ' notice, the application of the provisions of paragraph 10.

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Article 176.

Guarantee fund of enforcement officers

1-The guarantee fund of the executing agents shall be the autonomous patrimony, jointly and severally

responsible for the obligations of the enforcement officer before certain entities,

resulting from the exercise of their activity if there is a lack of provision in any of the

your accounts-customers or irregularity in the moving respect, responding up to the

maximum value of € 100000 per execution agent.

2-Compete to the CAAJ to approve the regulation of the guarantee fund in which the

rules that determine the priority payment to certain beneficiaries of the fund

or the limitation of the categories of beneficiaries of the same.

3-The regulation referred to in the preceding paragraph shall at least ensure that it is given

priority to those executed and to other private entities that are neither enforceable nor

claimant creditors with respect to other stakeholders being, on equal basis

circumstances, benefitted from natural persons in the face of collective persons.

4-The actuation of the warranty fund is preceded by settlement promoted by CAAJ

of the office of the executing agent or the enforcement agent company.

5-The fund is managed by CAAJ.

6-The executing agent shall be liable to the fund for the value of its actuation and,

in the face of CAAJ, by the costs of settlement.

Article 177.

Delegation

1-The enforcement officer may delegate another implementing agent or in a society of

implementing agents the competence for the practice of all or certain acts in a

process, promptly communicating such a fact to the party that designated it.

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2-There is no need for delegation between enforcement officers who are partners of the same

professional society, being the informatic record of the act by whom enough effectuate

to ward off the presumption of responsibility of the executing agent initially

designated by society.

3-The executing agent who delights in another, with reservations, the competence for the practice

of specific acts is responsible for the compliance with the procedural deadlines, by the

verification of the regularity of acts practiced by the executing agent delegated and yet

by the payment of fees and expenses of this.

4-Out of the cases provided for in the preceding paragraph, the delegation of competences for the

practice of all acts in a process is communicated to the exequent, to other possible

procedural stakeholders and those executed, if cited, in the following terms:

a) With the communication of the intention of delegating and the identification of the delegate

proposed is remitted a provisional settlement note, and the enforceable, in the

period of 10 days, indicate another enforcement agent to effect the replacement;

b) In the event that no complaints are made or are these decided, the

delegating execution agent makes available to the substitute the physical process, the

values and the goods that it has deposited;

c) Cesses the responsibility of the delegator after the delivery of the process, values and goods to the

substitute execution agent.

5-The expenses resulting from the procedures relating to the total delegation are borne

in the terms of agreement entered into between delegator and delegate.

6-Delegations are also applied to the regulation of delegations, to be approved by the assembly-

general.

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Article 178.

Liquidator execution agent

1-In the case of death or definitive inability of the executing agent to carry out duties

in isolated practice, of dissolution, temporary or definite impediment of society

professional, as well as in the case of cessation of the functions of executing agent by

own initiative, suspension for period longer than 10 days or definitive interdiction of the

exercise of the activity, CAAJ assigns liquidator execution agent, which ensures the

settlement of the processes and the deposit of the pawned goods, with a view to regulating

tramping of the executive process by the substitute executing agent that comes into being

designated under the law.

2-The liquidator executing agent is appointed and compensated in the terms of regulation

to be approved by the general assemblage.

3-If the executing agent integrs society, the provisions of Article 222 (4) shall apply.

4-To the liquidator executing agent are compulsorily delivered:

a) The file of the pending executions;

b) The records and computer software of accounting, of the accounts-customers of the

execution agent and of the executions for which it has been designated;

c) The movable assets of which the executing agent in liquidation was faithful depositary

in that quality.

5-The liquidator executing agent shall:

a) Notify the actors in the process with a right to claim values that

consider due;

b) Draw up a report of the settlement that discriminates against the claimed values

notifying the interested procedural actors.

6-The final settlement report may be challenged in the general terms of law.

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7-The liquidator shall submit to the CAAJ a general report on the situation of the proceedings

the post of the executing agent in liquidation.

8-In cases of manifest urgency, the liquidator executing agent may apply for the

judge of the process authorization for the practice of strictly necessary procedural acts.

9-As soon as the settlement of each process is completed, the process is transferred to the

substitute execution agent, to be designated by the exequent, and may be the

liquidator, or, in the lack of designation by the one, by CAAJ, without prejudice to the later

transfer of the values that come to be ascertained.

10-It is officiously transferred to the substitute execution agent, upon

presentation of certificate issued by the competent entity:

a) The available value existing in the process prior to the blocking of the accounts-client of the

execution agent, after the overall settlement of the proceedings in charge of the agent of

execution;

b) The value available in the process that gave input after the blocking of the accounts-

client of the executing agent, after the liquidation of the respect process;

c) The quality of faithful depository of the goods delivered to the liquidator in the respect

process.

11-If the balance of the accounts-customers is insufficient to ensure compliance with the

obligations assumed by the executing agent, such a fact is communicated to CAAJ.

Article 179.

Surveillance

1-Without prejudice to the inspection power committed to the Order, the enforcement officers are

supervised by CAAJ.

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2-The bastonary, the top council, the general council and the professional council can

requesting the CAAJ to carry out certain surveillance, in which case it is referred to the

applicant body of the same the respect report.

3-Communication between the enforcement officer and the CAAJ applies the provisions of the

article 98.

SECTION IV

Disciplinary infractions

Article 180.

Disciplinary infractions of enforcement officers

1-Constitute disciplinary infraction of the executing agent the violation, by action or omission,

of their specific duties, of the duties provided for in the general part, concerning the

associates, as well as of the remaining applicable legal and regulatory provisions.

2-The societies of enforcement officers are also liable for accountability

discipline, to the extent that the duties referred to in the preceding paragraph are

applicable.

CHAPTER VI

Disciplinary power

SECTION I

General provisions

Article 181.

Disciplinary infraction

1-Consider disciplinary infraction all the action or omission of any associate who

violates the duties laid down in the law, in this Statute or in the regulations

applicable.

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2-The disciplinary infractions provided for in this Statute and too much legal provisions and

applicable regulations are punishable by title of dolo or negligence.

3-A attempt is punishable.

Article 182.

Disciplinary responsibility

1-The solicitors are subject to the disciplinary power of the organs of the Order, in the terms

provided for in this Statute and in the disciplinary regulation.

2-Without prejudice to the jurisdiction legally assigned to CAAJ, the enforcement officers

are still subject to the disciplinary power of the organs of the Order when it is in question to

violation, by action or omission, of the duties provided for in the subparagraphs a ), and ) a h ) and k ) of paragraph 2

of Article 124, in Article 125 and in Article 130, or is applied by CAAJ pena

discipline the executing agent who is the holder of organ of the Order, pursuant to the

this Statute and in the disciplinary regulation.

3-A suspension or cancellation of enrollment does not cease to cease liability

discipline for infractions previously practiced by the Order's associate while

such.

4-During the time of suspension of the inscription, the associate remains subject to power

discipline of the Order and the CAAJ.

5-A punishment with the sanction of definitive interdiction of the exercise of professional activity

does not make the associated disciplinary liability of the associated with respect to the infractions by

him committed before the definitive decision that applied that sanction.

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6-Professional practitioners who provide services on national territory in free

provision are equated with the members of the Order for disciplinary purposes, in the terms

of Article 4 (2) of Law No 9/2009 of March 4, as amended by the Laws 41/2012,

of August 28, and 25/2014, of May 2, with the specificities set out in paragraph 7 of the

article 190 and the disciplinary regulation.

7-Collective persons who are members of the Order are subject to disciplinary power

of the organs of the latter and of the CAAJ pursuant to this Statute and the law which

establishes the regime of the constitution and operation of the societies of professionals that

are subject to professional public associations.

Article 183.

Independence of disciplinary responsibility

1-A disciplinary responsibility is independent of civil or criminal liability

stemming from the same acts.

2-The disciplinary process is promoted independently of any other and in it if

resolves all matters that matter to the decision of the cause, without prejudice to its

appreciation, in the legal terms, for other effects.

3-When, on the grounds of the same facts, criminal proceedings have been instituted

against associates can be ordered to suspend the disciplinary process as to those

facts, by a given period of time, or without prejudice to the provisions of paragraph 7 of the following article,

until it is delivered final decision.

4-A The suspension of the disciplinary procedure, in the terms of the preceding paragraph, is communicated by the

Order or by the CAAJ, as the case may be, to the competent judicial authority, to which it shall

order the consignment to the Order and to CAAJ when it is de facto practiced by agent of

execution, of copy of the order of charge and, if there is any place, of the dispatch of

pronunciation.

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5-Elapsed the deadline set in accordance with paragraph 3 or paragraph 7 of the following article, without the

final decision proliation, the facts are ascertained in the disciplinary process.

6-Whenever, in criminal proceedings against associates, it is designated day for the hearing of

trial, the court must order the remittance to the Order and to CAAJ, when it deals with

fact practiced by execution agent, preferentially by means of electronical, of the

dispatch of prosecution, the dispatch of pronunciation and the contestation, if it has been

presented, as well as any other elements requested by the higher board,

by the bastonary, or by the discipline body of the CAAJ.

7-A disciplinary liability of the associates before the Order arising from the practice of

infractions is independent of possible disciplinary liability in the face of respect

employers, for infringing on the emerging duties of working relationships.

Article 184.

Prescription of the disciplinary procedure

1-The disciplinary procedure extinguishes, by the effect of prescription, as soon as on the

practice of the infraction has elapsed the term of five years, save the provisions of the number

next.

2-If the disciplinary infraction constitutes simultaneously criminal infraction for which the law

establish prescription subject to longer term, the disciplinary procedure only

prescribe after the course of this last term.

3-The limitation period of the disciplinary procedure runs from the day on which the fact is

has consummated.

4-The limitation period only runs:

a) In the instantaneous infractions, from the time of its practice;

b) In the continuing infractions, since the day of the practice of the last act;

c) In the permanent infractions, from the day on which to cease consummation.

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5-The disciplinary procedure also prescribes whether, since the knowledge or the

participation effected in accordance with the terms of paragraph 1 of the following article, not to start the

competent disciplinary procedure in a period of one year.

6-The limitation period of the disciplinary procedure shall interrupt with the notification to the

argued:

a) Of the establishment of the disciplinary procedure;

b) From the prosecution.

7-After each period of interruption begins to run new limitation period.

8-The limitation period of the disciplinary procedure suspending itself during the time when:

a) Disciplinary process is suspended, awaiting final decision in process

penal;

b) The final decision of the disciplinary procedure cannot be notified to the accused, by

reason that is attributable to him.

9-A suspension, when it results from the situations provided for in the preceding paragraph, may not

surpass the two-year deadline.

10-The statute of limitation returns to running from the day on which the cause of the

suspension.

SECTION II

From the exercise of disciplinary power

Article 185.

Participation

1-Have legitimacy to participate in the Order or the CAAJ, when it is de facto

practiced by enforcement agent, facts practiced by susceptible associates of

constitute disciplinary infraction:

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a) The bastonary;

b) The general council and regional councils;

c) The professional advice;

d) The provider;

e) The Public Prosecutor's Office, pursuant to paragraph 3;

f) Any person directly or indirectly affected by the participating facts.

2-Courts and any authorities shall give notice to the Order and to the CAAJ,

when it is de facto practiced by enforcement agent, from practice, by associates

of that, of facts susceptible to constituting disciplinary infraction.

3-Without prejudice to the provisions of the law of criminal procedure about the secret of justice, the

Prosecutor's Office and the criminal police bodies refer to the Order and the CAAJ, when

whether it is de facto practiced by enforcement agent, certificate of the complaints, shareholdings

or complaints filed against associates and which may substantiate facts

susceptible to constitute disciplinary infraction.

Article 186.

Desistance of participation

The dismissal of the disciplinary participation by the participant extinguishes the disciplinary procedure,

save if the imputed infraction affects the prestige of the Order or any of the activities

professionals exercised or the dignity of the associated associate and, in this case, this manifold

intention that the process will proceed.

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Article 187.

Introduction of the disciplinary procedure

1-Any organ of the Order or of the CAAJ, officiously or having on the basis of complaint,

complaint or participation filed by duly identified person, containing

facts susceptible to integrate disciplinary infraction of the associate, communicates, from

prompt, the facts to the competent body for the prosecution of the disciplinary procedure.

2-When it concludes that participation is unfounded, it becomes aware of the

associated visage and, the application of this, are issued the certificates that the same

understand necessary for the tutelage of your legitimate rights and interests.

3-The disciplinary proceedings against the bastonary or against any member of the board

superior in effectivity of duties can only be instituted by deliberation of the board

higher taken by a two-thirds majority of the members present.

Article 188.

Procedural legitimacy

Persons with a direct, personal and legitimate interest regarding the facts involved

may apply for, to the Order or to the CAAJ, when it is de facto practiced by agent of

implementation, its intervention in the process, requiring and claiming what they have for

convenient.

Article 189.

Subsidiary law

Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by

disciplinary regulation, being in a subsidiary to be applicable to the procedures

provided for in the General Labor Law in Public Functions, passed by Law No. 35/2014, of

June 20.

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SECTION III

From disciplinary sanctions

Article 190.

Application of disciplinary sanctions

1-The disciplinary sanctions are as follows:

a) Warning;

b) Repreension registered;

c) Fine of 5 UC to 2500 UC, or, in the case of collective or equipared persons, from 10

UC to 5000 UC;

d) Suspension of the exercise of professional activity up to a maximum of 10 years;

e) Definitive interdiction of the exercise of professional activity.

2-A The warning sanction is applicable to light infractions in the exercise of the profession of

associates and is for the purpose of avoiding the repetition of the slug conduct.

3-A The sanction of registered reprimand consists of a judgement of deprecation by the infraction

committed, being applicable to light infractions in the exercise of the profession of those associated with

which, in the reason of the defendant's guilt, does not fall mere warning.

4-A penalty of fine is set in the right amount, depending on the severity and the

consequences of the infraction committed, being applicable to serious infractions.

5-A suspension sanction consists of the total removal of the exercise of the profession during

the period of fulfillment of the penalty and shall apply when, taking into account the nature

of the profession, the disciplinary infraction is serious and has put into question the physical integrity

of persons or seriously lesive of the honour or of the alheios or of values

equivalents.

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6-A The sanction of definitive interdiction of the exercise of the professional activity consists of the

total removal from the exercise of the profession, without prejudice to rehabilitation, and is applicable to

very serious infractions that affect in such a way life, physical integrity, dignity

or the professional prestige, which will definitely make it impossible to exercise the activity

professional in question.

7-In the case of professionals in regime of free provision of services on national territory,

the penalties provided for in paragraphs 5 and 6 assume the form of temporary interdiction or

definitive of the exercise of the professional activity in this territory, depending on the cases,

applying, with due adaptations, the provisions of Article 106.

8-A attempt is punishable by the sanction applicable to the consummate infraction, especially

attenuated.

9-The product of the fines reverses to the Order or to the guarantee fund, depending on the

sanctions have been applied by the disciplinary body of the Order or the CAAJ,

respects.

10-Where the infraction results from the violation of a duty by omission, the compliance of the

applied sanctions not waiver from the performance of that, if this is still possible.

11-A The application of the sanction of definitive interdiction of the exercise of the professional activity by the

CAAJ determines the automatic cancellation of the inscription of the convict of the Order, in the

follow-up of the prescribing of the communication of the application of that sanction.

12-A The application of suspension sanction constitutes an indication of a lack of idoneity for the

exercise of another profession organized by the Order.

13-A The application of the sanction of suspension of the exercise of professional activity by CAAJ

determines the suspension of the enrollment of the accused in the professional vocational college, in the

follow-up of the prescribing of the communication of the application of that sanction.

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Article 191.

Graduation

1-In the application of the sanctions must be met with professional and disciplinary background

of the accused, the degree of guilt, the gravity and the consequences of the infraction, the situation

economic of the accused and to all the other aggravating or mitigating circumstances.

2-Are mitigating circumstances:

a) The effective exercise of the profession of solicitor or agent of execution by a

period of more than five years, followed or interpolated, without any penalty

discipline;

b) The spontaneous confession of the infraction or infractions;

c) The collaboration of the accused for the discovery of the truth;

d) The remediation of damage caused by the lesive conduct.

3-Are aggravating circumstances:

a) Premeditation in the practice of the infraction and the preparation thereof;

b) The collusion;

c) The recidivism, considering itself as such the practice of infraction before the

deadline of five years after the day on which the conviction for

previous infraction commitment;

d) The accumulation of infractions, whenever two or more infractions are committed

at the same time or when another is committed before it has been punished to

previous;

e) The fact that the infraction or infractions are committed during the performance of

disciplinary sanction or in the course of the period of suspension of disciplinary penalty;

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f) The production of considerable value damage, by understanding itself as such

damage exceeding the value of half of the wavement of the courts of the relationship.

Article 192.

Application of ancillary sanctions

1-Cumulatively with the application of the disciplinary sanctions, they can be applied, the

title of ancillary sanctions:

a) Mandatory frequency of supplementary training shares to the training shares

mandatory;

b) Restitution of amounts, documents or objects;

c) Loss, total or partial, in favour of the guarantee fund of fees or the cusp of

expenses;

d) Loss in favour of the benefit fund of the product of the benefit obtained by the accused;

e) Removal of office in the organs of the Order;

2-The requesters may still be applied to the ancillary sanction of exclusion from the list of

solicitors for the provision of officiating appointment services, definitely or by

a given period.

3-Implementing agents may still be applied for the following ancillary penalties:

a) Limitation of the monthly number of processes in which they can be assigned, by

a maximum period of two years;

b) Exclusion from the list of execution agents, for the purpose of designation for new

processes, for a definite period;

c) Conditioning of the movement of the accounts-customers to the prior authorization of a

performance agent manager of the respect account, designated by CAAJ, at the expense of the

argued.

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4-A ancillary sanction provided for in paragraph e) of paragraph 1 can only be applied by opinion

favorable of the higher board.

5-The ancillary sanctions can be cumulated with each other.

6-In the application of the ancillary sanctions shall meet the criteria laid down in paragraph 1 of the

previous article.

Article 193.

Unity and accumulation of infractions

Without prejudice to the application of the ancillary sanctions referred to in the preceding paragraph, it cannot

apply to the same associate more than a disciplinary sanction for each punishable fact.

Article 194.

Suspension of sanctions

1-Taking into consideration the degree of guilt, the behaviour of the accused and the

circumstances surrounding the practice of infraction, disciplinary sanctions lower than that of

definitive interdiction of the exercise of professional activity may be suspended by a

period between one and five years.

2-Cessa the suspension of the sanction whenever, in respect of the punished associate, be

prowound final decision of conviction in new disciplinary process.

Article 195.

Application of suspension sanctions over two years and definitive interdiction

of the exercise of professional activity

1-A application of the suspension penalties exceeding two years or of definitive interdiction of the

exercise of professional activity can only take place after public hearing, on the terms

provided for in the disciplinary regulation.

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2-The suspension penalties for period of more than two years or of permanent interdiction of the

exercise of the professional activity can only be applied by deliberation that meets the

a qualified majority of two thirds of the members of the disciplined body,

in cases in which this belongs to the Order.

Article 196.

Implementation of sanctions

1-Compete to the general counsel and to CAAJ, with the collaboration of that and the extent of the

required, give execution to decisions rendered at the headquarters of disciplinary proceedings,

specifically practicing the acts necessary to the effective suspension or cancellation

of the enrolment of the associates to whom the suspension and suspension sanctions are applied

definitive interdiction, respectively.

2-A application of sanction of suspension or definitive interdiction of the exercise of activity

professional implies the temporary or definitive prohibition, respectively, of the practice of

any professional act and the delivery of the professional ballot at the headquarters of the Order or in the

seat of the regional councils where the accused has his or her professional domicile, in the

applicable cases.

3-The disciplinary sanctions decided by the competent body, of which no kayba no longer

impugation, must be communicated, reciprocally, by the Order to CAAJ and the Order

of the Lawyers, when the associate is also an enforcement agent or lawyer.

Article 197.

Start of production of effects of disciplinary sanctions

1-The disciplinary sanctions initiate the production of its effects on the day after that in

that the decision becomes final.

2-If, on the date on which the decision becomes final, the inscription of the accused is suspended,

compliance with the disciplinary penalty of suspension commencement the day after that of the

lifting of the suspension.

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Article 198.

Deadline for payment of the fine

1-The fines imposed under the terms of the paragraph c) of Article 190 (1) shall be paid in the

period of 30 days from the start of production of effects of the sanction sanction.

2-To the associate who does not pay the fine within the period referred to in the preceding paragraph shall be suspended to

your enrolment, upon decision by the disciplinarily competent body, to which you are

communicated.

3-A suspension can only be lifted after proven payment of the importance in

debt.

Article 199.

Communication and advertising

1-A application of the sanctions referred to in points b) a e) of Article 190 (1) is

communicated by the general council or the CAAJ:

a) To the society of professionals or associative organization on account of which the

accused were providing services at the date of the facts and the date of the conviction by the practice of the

disciplinary infraction; and

b) To the competent authority in another Member State of the European Union or of the

European Economic Area for the control of the activity of the established defendant

in that same Member State.

2-When the imposed penalty is of effective suspension or definitive interdiction of the

exercise of the professional activity, it is given advertising:

a) On the official website of the Order by inserting the corresponding annotation into the lists

permanent associates of associates disclosed informatically;

b) On the official website of the CAAJ, when it is an enforcement agent;

c) On the Citius portal;

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d) In the bulletin of the Order;

e) In the courts and public services of the comarcas where the associate has domiciles

registered professionals and in places deemed to be elderly for the fulfillment of the

purposes of general prevention of the legal system.

3-If preventive suspension is ordered, the suspension or limitation for assignment to

new processes or applied sanction of suspension or definitive interdiction of the

exercise of the professional activity, the general council shall insert the corresponding

annotation in the permanent lists of associates disclosed by computer means.

4-A The publicity of disciplinary sanctions and ancillary sanctions is promoted by the body

disciplinarily competent, being effected at the expense of the accused.

Article 200.

Prescription of disciplinary sanctions

1-The disciplinary sanctions prescribe us on the following deadlines:

a) The warning and reprimand recorded, in one year;

b) The one of fine, in two years;

c) The one of suspension, in three years;

d) The definitive interdiction of the exercise of professional activity, in five years.

2-The limitation period runs from the day after the one in which the decision becomes

definitive.

Article 201.

Principle of enrollment in the Order

1-The individual process of the associates in the Order includes a enrollment, of which they are listed

disciplinary sanctions referred to in points b ) a e) of Article 190 (1) and the sanctions

accessory that have been applied to you.

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2-The enrollment is managed by the general council on the basis of the elements communicated by the

disciplinary bodies of the Order or the CAAJ.

3-A The conviction of an associate in criminal proceedings is communicated to the Order for effect

of averaging to the enrollment respect.

4-The sanctions referred to in points b) and c) of Article 190 (1) are removed from the

enrollment after the course of the five-year period following its compliance.

5-The associate is entitled to know all the elements of his enrollment.

6-A Order makes permanently available to CAAJ the enrollment of the associates who se

find enrolled in the college of enforcement officers.

SECTION IV

From the process

Article 202.

Compulsion

The application of a disciplinary sanction is always preceded by the finding of the facts and the

disciplinary liability in own process, in the terms provided for in the present

Status and the disciplinary regulation.

Article 203.

Forms of the process

1-A disciplinary action may behave in the following ways:

a) Process of inquiry;

b) Disciplinary process.

2-The inquiry process is applicable when it is not possible to clearly identify the

existence of a disciplinary infraction or the infringing respect, imposing itself on

of summary representations for the clarification or realization of the facts in question.

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3-Applies to the disciplinary process whenever there are indications that it is determined

associate of the Order practiced facts duly realized, susceptible to

constitute disciplinary infraction.

4-After ascertaining the identity of the offender, or, as soon as they show minimally

concretized or clarified the participating facts, being they susceptible to constitute

disciplinary infraction, is proposed the immediate conversion of the inquiry process into

disciplinary proceedings, upon appearing succinctly reasoned.

5-When participation is manifestly unviable or unfounded, it should the same be

liminally filed, giving fulfillment to the provisions of Article 187 (2).

6-Whether of the analysis of the conduct of an associate carried out in the context of the investigation process

result in sufficient proof of the practice of disciplinary infraction abstractly punishable with

sanction of warning or registered reprimand, the competent disciplinary body may

determine the provisional suspension of the proceedings by the imposition of the accused of

rules of conduct or payment of a certain amount, by way of surety,

where the following assumptions are checked:

a) Absence of previous application of provisional suspension of the process by the same

type of infraction;

b) Absence of a high degree of guilt.

7-In the case provided for in the preceding paragraph, the following measures shall apply to the following:

a) Payment, within 10 working days, of an amount between 1 and 5 UC, in the case of

natural persons, or, between 2 and 8 UC, in the case of collective persons or

equstops;

b) Implementation of a plan to restructure its activity, in the terms and

term that are set;

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c) Frequency of supplementary training actions to the mandatory training actions,

on the terms and deadline that are defined.

8-The default of the determined measures, referred to in the preceding paragraph, implies

the continuation of the disciplinary proceedings provisionally suspended pursuant to paragraphs 6 and

7.

9-If the accused complies with the determined measures, the case is filed and shall be

returned the paid amounts.

Article 204.

Disciplinary procedure

1-The disciplinary procedure shall be governed by this Statute and the disciplinary regulation.

2-The disciplinary process is composed of the following phases:

a) Instruction;

b) Defence of the accused;

c) Decision;

d) Execution.

3-At all stages of the disciplinary procedure, the defendants are assured of all the guarantees

of defence in the general terms of law.

Article 205.

Precautionary measures

1-Following the hearing of the accused, or if this, having been notified, does not appear to be

heard, can be ordered for your preventive suspension, upon deliberation taken

by qualified majority of two thirds of the members in effectivity of organ functions

competent of the Order or decision of the CAAJ discipline body, when it is

competent.

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2-A suspension referred to in the preceding paragraph shall only be enacted in cases where

there are indications of the practice of serious disciplinary infraction.

3-A preventive suspension may not exceed three months and is always discounted in duration

of the sanction of suspension, being that renewable term for equal periods, up to the decision

final, by means of reasoned act of the competent entity for the application of the

preventive suspension.

4-Can be applied to the accused who is an enforcement agent, in addition to the suspension

predictive of functions, the following precautionary measures that CAAJ considers

necessary, isolated or cumulatively, in accordance with the principle of

proportionality and suitability:

a) Blocking the debit of the accounts-clientes;

b) Suspension or limitation of the designation for new processes;

c) Conditioning of the movement of the accounts-customers to the prior authorization of a

performance agent manager of the respect account, designated by CAAJ, at the expense of the

targeted execution agent;

d) Conditioning of the continuation of the exercise of the activity to the presentation of a

plan for restructuring of the respected office or society.

Article 206.

Secret nature of the process

1-The process is of a secret nature until the dispatch of prosecution or archiving.

2-The rapporteur may, however, authorize the consultation of the case by the accused, by the participant,

by the Public Prosecutor's Office, by the criminal police bodies or by the interested parties, when

hence it does not result inconvenient for the instruction and under condition of not being disclosed the

that of him const.

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3-The accused or the person concerned, when associated, who does not respect the secret nature of the

process incurs disciplinary responsibility.

SECTION V

Of the guarantees

Article 207.

Recurrable decisions

1-Of decisions taken in disciplinary matters rests with the plenary of the council

higher when it is this the disciplined body.

2-Of the decisions taken in disciplinary matters of which it does not fall into appeal under the

previous number are up to litigation appeal to the administrative courts, in the terms

general of law.

3-The decisions of mere expedient or concerning the discipline of the works are not

actionable in the terms of the previous numbers.

4-The exercise of the right of appeal provided for in this Article shall be governed by the

applicable provisions of the disciplinary regulation.

Article 208.

Review

1-It is permissible to review the final decision delivered by the organs of the Order or of the

CAAJ, with disciplinary competence whenever:

a) A court ruling carried forward on trial to declare false any elements or

means of evidence that have been determinant for the decision to revidend;

b) A court ruling carried out on trial has given as a proven crime

committed by member or members of the organ that delivered the decision revidend and

related to the exercise of their duties in the process;

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c) The facts that have served as a basis for the sentencing decision are irreconcilable

with those that are given as proven nother definitive and opposition decision

result in serious doubts about the fairness of the conviction;

d) If they have discovered new facts or means of proof that by themselves combined

with those who have been appreciated in the process, whisper grave doubts about justice

of the sentencing decision delivered.

2-A simple allegation of illegality, formal or substantial, of the process and of the decision

disciplining does not constitute grounds for the review.

3-A review is admissible even if the process finds itself extinct or the sanction prescribed or

fulfilled.

4-The exercise of the right of review provided for in this Article shall be governed by the

applicable provisions of the disciplinary regulation.

Article 209.

Rehabilitation

1-In the case of sanction application of definitive interdiction of the exercise of the activity

professional, the associate can be rehabilitated, upon application properly

reasoned to the organ of the Order or the CAAJ, with disciplinary competence, and since

that cumulatively meet the following requirements:

a) They have elapsed more than 15 years since the decision that applied the penalty if

has made irrecurrable;

b) The rehabilitating has revealed good conduct, and may, in order to demonstrate it, use

any legally permissible means of proof.

2-Should the rehabilitation be dewound, the rehabilitated associate fully recovers his

rights and is given the publicity due, pursuant to Article 199 (2 a) to (199), with the

necessary adaptations.

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3-When it is in cause decision regarding rehabilitation of enforcement agent is this

subject to advice from the CAAJ's discipline body, which is binding in case the sanction

has been per se decreed.

4-Reenrolment of the rehabilitated shall apply to the provisions of Articles 104 and below.

5-A rehabilitation is governed by the applicable provisions of the disciplinary regulation.

CHAPTER VII

Resolution of disputes

Article 210.

Recourse to arbitration

The conflicts between associates of solicitor companies or of companies of agents of

execution, or between such associates and the respective societies, may be submitted to court

arbitral, in the terms of the law and regulation to be approved by the general assembly.

Article 211.

Attempt to conciliation

1-Previously to the appeal to arbitration or judicial tribunals, depending on the cases, the

interested parties in the resolution of the conflicts provided for in the previous article and, well,

relating to the interpretation or application of the rules of attachment of fees, they shall

promote an attempt at extrajudicial conciliation before a composite committee

by a representative of each of the parties and chaired by the president of the respective

professional advice or by associate that this indicates.

2-A attempt at conciliation is promoted upon submission of an application

directed to the Chair of the professional council, containing, in addition to the identification of the

parts, the indication of the object and the fundamentals of the applicant's claim.

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3-A attempt at extrajudicial conciliation to be held within 30 days, according

with the rules and trames provided for in regulation to be approved by the general assembly,

ending with the signing of an extrajudicial agreement between the parties or with the

notification of the statement, issued by the chairman of the committee of not having been possible to

conciliation on the expiry of that period.

4-The parties undertake not to use, as an argument or means of proof, in

arbitral or judicial process of any nature, the facts revealed, the assertions

made and the proposals made by the opposing party or by the chairman of the board

higher in the scope of the attempted extrajudicial conciliation, with a view to an eventual

solution of the dispute.

5-A The submission of the application provided for in paragraph 2 shall interrupt the limitation periods and

of applicable expiry, which resume its count on the day after the expiry of the

attempt at extrajudicial conciliation.

CHAPTER VIII

Professional societies of the associates

SECTION I

Societies of solicitors

Article 212.

Partners

1-Professional business associates can only exercise the professional activity of

solicitor in a single company, and may not exercise such activity outside of this, unless

the company contract dispens otherwise or is entered into written agreement in that

felt by all the partners.

2-In addition to solicitors and, or enforcement officers, may be partners of companies of

solicitors:

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a) Companies of solicitors previously constituted and entered in the Order;

b) Associative organizations of professionals who are equipped with solicitors constituted

in another Member State of the European Union whose capital and voting rights kayba

exclusively to the professionals concerned.

3-The capital requirement referred to in para. b ) of the previous number is not applicable in case this

does not have a social capital.

4-The equiparation judgment referred to in point (a) b ) of paragraph 2 is governed by:

a) As for nationals of Member States of the European Union, by the paragraph 4 of the

Article 1 of Law No 9/2009 of March 4, amended by Laws 41/2012, of 28

of August, and 25/2014, of May 2;

b) As for nationals of third countries whose qualifications have been obtained

out of Portugal, by the prevailing age regime.

Article 213.

Associates

1-In solicitor societies may exercise their professional activity solicitors

non-partners who take the assignment of associates.

2-The rights and duties of the associates must appear in the contract of society or stay

defined in the career plans and of them should be given knowledge to the associate, in the

moment of its integration into society.

Article 214.

Amendment of the contract

The changes to the contract of society depend on deliberation of the partners, approved by

majority of 75% of the votes cast.

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Article 215.

Correspondence and documents

1-A firm of the Society and the mention of the liability regime shall appear in the

correspondence and all the documents of the society and the professional writings of the

partners, associates or trainees.

2-Without prejudice to the provisions of the preceding paragraph, the use of denominations is permitted

abbreviated with recourse to the initials of the names that make up the firm of the society, well

as of logotypes, subject to approval under the previous article.

Article 216.

Social participations

The transmission of the equity participation of the partner does not imply the extinction of the respect

industry participation, unless unanimous deliberation to the contrary.

Article 217.

Votes

In general assembly, the partner may make himself represented in the exercise of the right to vote by

another partner, mandawed to the effect.

Article 218.

Administration of society

The exercise of the powers of administration must conform to the independence of the

partner as a solicitor, regarding the practice of the professional acts of professional acts.

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Article 219.

Immediate dissolution

The society dissolves in the cases provided for by law, in the contract of society and still:

a) When, within six months, the plurality of associates shall not be reconstituted;

b) By unanimous deliberation of the associates, save if amusingly convenor in the

contract of society;

SECTION II

Societies of enforcement agents

Article 220.

Applicable regime

Applies to companies of enforcement agents the willing as to the 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-The professional societies of enforcement officers have by object exclusive the exercise

of the specific skills of enforcement agent.

2-The social capital of professional corporate officers of enforcement agents, as well as the

voting rights in the respects social bodies should be exclusively held by

enforcement officers, fully fit with these to integrate the governing bodies

of the said societies.

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Article 222.

Assignment for process or procedure

1-The exercise of the functions of executing agent, in the context of a process or

procedure, can be entrusted to a society of enforcement agents, owing to

society to appoint a partner, enforcement officer, responsible for the process.

2-The societies of enforcement officers are integrated into the list of enforcement officers,

being appointed officiously depending on the number of enforcement officers that the

integrem.

3-Executes officers integrating professional societies cannot be

individually named for processes.

4-In the case of suspension or cancellation of the enrolment of the designated officer in the

terms of paragraph 1, the Society ensures the tramping of the execution process by designating

a new partner responsible for the process.

5-The professional societies of enforcement officers shall not have other societies

as partners.

6-Execution officers who are solicitors or lawyers may in these qualities,

participate in solicitor society and in the society of lawyers, respectively,

as long as the society and its associates declare to accept the incompatibilities and

impediments defined for enforcement officers.

SECTION III

Companies of solicitors and enforcement officers

Article 223.

Applicable regime

To the societies of solicitors and enforcement agents applies, with due adaptations,

the provisions of the previous sections.

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Title III

Supplementary and final provisions

Article 224.

Single counter and documents

1-All requests, communications and notifications provided for in this Law between the Order

and professionals, practitioners of professionals or other associative organizations of

professionals, with the exception of those relating to disciplinary procedures, are carried out

by electronic means, through the single electronic counter of the services, referred to in the

articles 5 and 6 of the Decree-Law No. 92/2010 of July 26, accessible through the site in

Internet of the Order.

2-A presentation of documents in simple form pursuant to the previous number

dispensing the consignment of the original, authentic, authenticated or certified documents,

without prejudice to the provisions of the paragraph a) of paragraph 3 and in Article 7 (4) and 5 of the Decree-

Law No. 92/2010 of July 26.

3-When it is not possible to comply with the provisions of paragraph 1, on grounds of

unavailability of the electrolytic platforms, as well as in cases where the

interested do not have means that will enable you to access them, the transmission

of the information under consideration may be made by delivery in the services of the Order, by

shipping by mail under registration, by fax or by electro mail, or by others

means that this makes available.

4-Are still applicable to the procedures referred to in this Article o

points d) and e) of Article 5 and in Article 7 (1) of the Decree-Law No. 92/2010 of 26 of

July.

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Article 225.

Information on the internet

Without prejudice to the provisions of Article 100, and in addition to the information referred to in the article

23. of Law No. 2/2013 of January 10, in Article 6 (3) of the Decree-Law No 92/2010,

of July 26, and in Article 19 (4) of the Directive No 2000 /31/CE of the Parliament

European and of the Council of June 8, 2000 on certain legal aspements of services

of the information society, in particular of the electronical trade, in the internal market, the

Order to be made available to the general public, through its electronic site on the Internet,

the following information:

a) Regime of access and exercise of the profession;

b) Principles and deontological rules and technical standards applicable to their associates;

c) Procedure for filing a complaint or complaints by the recipients

concerning the services provided by professionals in the context of their

activity;

d) Offers of employment in the Order.

Article 226.

Administrative cooperation

The Order provides and requests the administrative authorities of the other Member States and the

European Economic Area and the European Commission mutual assistance and take the measures

necessary to cooperate effectively, particularly through the Information System

of the Internal Market, in the context of the procedures for service providers already

established in another Member State pursuant to Chapter VI of the Decree-Law n.

92/2010, of July 26, of Article 51 (2) of Law No 9/2009 of March 4, amended

by the Laws 41/2012, of August 28, and 25/2014, of May 2, and of paragraphs 2 and 3 of the article

19. of Directive No 2000 /31/CE, of the European Parliament and of the Council of June 8 of

2000, concerning certain legal aspements of the services of the information society, in particular

of the electrolytic trade.

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Article 227.

Specializations

References to specializations and specialists do not report to specialty colleges

for the purposes of the provisions of Article 14 (2) of Law No 2/2013 of January 10,

the same object of internal regulation.

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ANNEX

(Table referred to in Article 88)

Body Quotization Addition of activity

professional

General Council 35% to 30%

Top board 5%-

Regional councils 50% to 10%

Professional advice 50%

Distrital delegations 10% to 10%