Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 308 /XII
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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Proposal for Law No 308 /XII
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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.
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Proposal for Law No 308 /XII
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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
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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.
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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.
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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.
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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.
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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%