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It legislates?
It would carry n.. 1327/2004, of 19 of October
Published in D.R. n.. 246, s?e I-B, of 19 of October of 2004
SUMRIO:
It regulates the foreseen administrative procedures in Decree n.. 211/2004, of 20 of August, that regulates the regimen jur?co of the activities of measured? imobili?a and of would angaria? imobili?a
TEXT:
Decree n.. 211/2004, of 20 of August, that establishes the regimen jur?co of exerc?o of the activities of measured? imobili?a and of would angaria? imobili?a, determines, in the n.. 1 of article 36., that foreseen the administrative procedures in it, as well as excessively tending?oa execu? of exactly, est?sujeitos to the payment of destined taxes to cover the incubencies with gest?do system of ingression and perman?ia in the activities, as well as with its fiscalizes.
In accordance with the made use one in the n.. 2 of the same article, the administrative procedures above related s?fixados by would carry of the minister who guardianship the Institute of the Markets of Workmanships P?icas and Particulares and of the Imobili?o.
Thus:
Under the cover of the made use one in the n.. 2 of article 36.. of Decree n.. 211/2004, of 20 of August:
It orders the Government, for the Ministers of the Cities, Manages? Place, Inhabits? e Regional Development and of the Workmanships P?icas, Transportes and Comunica?s, the following one:
1..
Licensing
1 - The order of licensing for exerc?o of the activity of measured? imobili?a?ormulado in petition directed to the chairman of the board of manages? of the Institute of the Markets of Workmanships P?icas and Particulares and of Imobili?o (IMOPPI), of which it must consist:
) It identifies it? of the petitioner, with it indicates? of it calls? social, of n?ro of it identifies? of collective person, of the type, the headquarters, objecto social, n?ro of matr?la and conservat?a of the commercial register where the society if finds registada, as well as of the marks and used corporate names in exerc?o of the activity;
b) It identifies it? of the administrators, controlling or director or, being about society with effective headquarters noutro Been of the Uni?Europeia, of the mandat?os of the respective one represent? permanent in Portugal.
2 - The petition related in n?ro previous must be folloied of following documents:
) Cart?de identifies? of collective person;
b) Certid? emitted for competent conservat?a of the commercial register, matr?la and all inscri?s in vigor of the petitioner or, being about society with effective headquarters noutro Been of Uni? European, of creates? of the respective one she represents? permanent in Portugal, with all inscri?s in vigor;
c) Ticket of identity of the administrators, controlling or director or, being about society with effective headquarters noutro Been of the Uni?Europeia, of the mandat?os of the respective one represents? permanent in Portugal;
d) Certifyd of the criminal register of the administrators, controlling or director or, being about society with effective headquarters noutro Been of the Uni?Europeia, of the mandat?os of the respective one it represents? permanent in Portugal;
e) It declares? of all the administrators, controlling or directors in as n?se find in any of situa?s foreseen in the n.. 3 of article 6.. of Decree n.. 211/2004, of 20 of August, or, being about society with effective headquarters noutro Been of Uni? European, declares? of the mandat?os of the respective one she represents? permanent in Portugal;
f) In the cases foreseen in the n.. 3 of article 7.. of Decree n.. 211/2004, of 20 of August, ticket of identity of the t?ico that confers?mpresa professional capacity;
g) In the cases foreseen in the n.. 3 of article 7.. of Decree n.. 211/2004, of 20 of August, declare? of remunera?s, receipt of expiration or document of id?ica nature that proves the exist?ia of employment contract between the company and the t?ico that confer it professional capacity;
h) Comprovativos documents of habilita?s liter?as, demanded in the terms of the made use one in al?a d) of the n.. 1 of article 6.. e of n.os 1 and 3 of article 7.. of Decree n.. 211/2004, of 20 of August;
i) Ap?ce of the insurance the one that if relates article 23.. of Decree n.. 211/2004, of 20 of August;
j) Document, emitted for the competent, comprovativo entity of the regularity of the respective one points out? before seguran? social or, being about company constitu? h?enos of six months, comprovativo of respective inscri;
l) Document, emitted for I distributed? of finan? of?a of the headquarters of the petitioner, comprovativo of the regularity of the respective one points out? inspector or, being about company constitu? h?enos of six months, fotoc?a of declares? of inscri? in registo/in?o of activity, as it delivers in I distributed? of finan;
m) Being about entity constitu? in previous year?ele where?ormulado the order, comprovativo document of that the company possesss positive pr?ios capitals, subscript for the legal representatives that compel the company and for the respective official t?ico of accounts, making test of its quality;
n) Declara? I contend locates it? of the establishments where?fectuado the attendance of the p?ico.
3 - When the petitioner will be company constitu? h? less than six months, certid?a that al?a b) of the n. is mentioned. 2 can be substitu? for the partnership contract, folloied of fotoc?a of the register order, without preju? of being exig?l its presents? posterior.
4 - The document the one that if relates al?a i) of the n.. 2 can be presented in the stated period foreseen in the n.. 7 of the gift n?ro.
5 - The order of licensing?preciado in the stated period m?mo of 30 days to count of the date of its entrance in the IMOPPI.
6 - The stated period foreseen in n?ro previous is always suspended that the petitioner is informed to supply defici?ias, to give clarifications or to join other documents, for per?o that it will be fixed, which n?pode to exceed 30 days.
7 - Without preju? of the made use one in the n.. 4, a time proven all the requirements established in article 6.. of Decree n.. 211/2004, of 20 of August, the petitioner?otificada for, in the stated period of 15 days to count of emiss?da respective guide, to proceed to the payment from the tax aplic?l, as well as the o payment of the fines applied for decis?tornada definitive, whose payment n?haja been efectuado.
8 - Decis?que to fall again on the order? pronounced in the stated period m?mo of 15 days to count of the term of the stated periods foreseen in the previous n?ros.
9 - In the case of granting of the licensing order, the IMOPPI proceeds?miss?da respective licen?e from cart? of it identifies? of the administrators, controlling or directors, foreseen in n.os 1 and 2 of article 5.. of Decree n.. 211/2004, of 20 of August, in the stated period m?mo of 10 days.
2..
It revalidates? of licen?/b >
1 - The order of revalidates? of licen? formulated in petition of which dever?onstar it declares it? of that the entity re? the requirements foreseen in article 6.. of Decree n.. 211/2004, of 20 of August.
2 - The petition the one that if relates n?ro previous?companhado of following documents:
) Certifyd of the criminal register of the administrators, controlling or director or, being about society with effective headquarters noutro Been of the Uni?Europeia, of the mandat?os of the respective one it represents? permanent in Portugal;
b) Document, emitted for the competent, comprovativo entity of the regularity of the respective one points out? before seguran? social;
c) Document, emitted for I distributed? of finan? of?a of the headquarters of the petitioner, comprovativo of the regularity of the respective one points out? inspector;
d) Comprovativo document of that the company possesss positive pr?ios capitals, subscript for the legal representatives that compel the society and for the respective official t?ico of accounts, making test of its quality;
e) Comprovativo document of carries through? of form? cont?a.
3 - The order of revalidates? of licen? appreciated in the stated period m?mo of 30 days to count of the date of its entrance in the IMOPPI.
4 - The stated period foreseen in n?ro previous is always suspended that the petitioner is informed to supply defici?ias, to give clarifications or to join other documents, for per?o that it will be fixed, which to n?poder?xceder 20 days.
5 - When to verify manuten? of all the requirements established in article 6.. of Decree n.. 211/2004, of 20 of August, the petitioner?otificada for, in the stated period of 15 days to count of emiss? of the respective guide, to proceed to the payment from the tax aplic?l, as well as the o payment of the fines applied for decis?tornada definitive, of the taxes due for the registers of modifies? of headquarters, it modifies? of it calls? social and opening of establishments, whose payment n?haja been efectuado.
6 - Decis?que to fall again on the order of revalidates? of licen??roferida in the stated period m?mo of 10 days to count of the term of the stated periods foreseen in the previous n?ros.
7 - In the case of granting of the order, the IMOPPI proceeds?evalida? of licen?e of cart? of it identifies? of the administrators, controlling or director, in the terms of the n.. 3 of article 5.. of Decree n.. 211/2004, of 20 of August, in the stated period m?mo of 10 days.
3..
It renews? of insurance
At?o term of the validity of the liability insurance the one that if relates article 23.. of Decree n.. 211/2004, from 20 of August, the companies must proceed?enova? of exactly and sending to the IMOPPI the respective comprovativo document.
4..
Suspens?de licen?/b >
1 - The order of suspens?da licen? the one that if relates al?a) of the n.. 1 of article 11.. of Decree n.. 211/2004, of 20 of August?ormulado in petition, having being folloied of respective licen?e of cart? of it identifies? of the administrators, controlling or director.
2 - In the case of documents mentioned in n?ro previous to n?serem you deliver with the petition of suspens? they must be sent to the IMOPPI in the stated period of eight days to count of decis?de suspens? duly warned apreens?imediata for the competent authorities.
3 - Suspens?da licen?a that al?a) of the n. is mentioned. 1 of article 11.. of Decree n.. 211/2004, of 20 of August? raised the petition of the interested party, at?o term of per?o of suspens? being able the IMOPPI to request jun? of comprovativos documents of the requirements of ingression in the activity, duly warned denial and of cancellation of respective licen? in accordance with the made use one in the n.. 3 of article 11.. e in al?a b) of article 12. of that diploma.
4 - Suspens?da licen?a that al?a b) of the n. is mentioned. 1 of article 11.. of Decree n.. 211/2004, of 20 of August? raised ap?a it proves, at?o term of per?o of suspens? of the requirements of ingression in the activity, duly warned cancellation of respective licen? in accordance with the made use one in the n.. 3 of article 11.. e in al?a b) of article 12. of that diploma.
5..
Cancellation of licen?/b >
1 - The order of cancellation of licen? the one that if relates al?a) of article 12.. of Decree n.. 211/2004, of 20 of August?ormulado in petition, having being folloied of respective licen? of cart? of it identifies? of the administrators, controlling and director and of declare? of it modifies? or it ceases? of activity, as it delivers in the competent one I distributed? of finan.
2 - In the case of documents mentioned in n?ro previous to n?serem you deliver with the cancellation petition, must be sent to the IMOPPI in the stated period of eight days to count of decis?de cancellation, duly warned apreens?imediata for the competent authorities.
6..
Devolu? of cau?
The order of devolu? of cau, foreseen in article 55.. of Decree n.. 211/2004, of 20 of August, s?er?eferido one year ap?a entered in vigor of that diploma or, being hanging process of accionamento of cau, verified that it is its term.
7..
Establishment and book of reclama?s
1 - It communicates it? of opening, closing or modifies? of it locates? of the establishments, foreseen in n.os 2 and 3 of article 14.. of Decree n.. 211/2004, of 20 of August?fectuada for declare.
2 - The opening of new establishments still depends on the payment of the tax aplic?l, as well as of the exist?ia of respective books of reclama?s.
3 - The book of reclama?s?xclusivamente afecto to an establishment, with indicates? of the respective one it locates.
4 - In case of embezzlement or destrui? of the book of reclama?s, the company of measured? she must, in the immediate day?l, to communicate this fact to the IMOPPI by means of declares? e to acquire a new book, of which to consist? express?.segunda saw, with the refer?ia to the bedding of its emiss?
5 - Reclama?s efectuadas in the terms of article 20.. of Decree n.. 211/2004, of 20 of August, must be sent to the IMOPPI, in the stated period m?mo of five days to count of its ocorr?ia, folloied of the elements that the company understands adequate for effect of the respective one appreciates.
8..
Contract register
1 - The register the one that if relates al?a e) of the n.. 1 of article 21.. of Decree n.. 211/2004, of 20 of August, must contain following men?s:
) N?ro atribu? to the registado contract;
b) The date of celebrates? of the contract;
c) The stated period of hard? of the contract;
d) The regimen of contracts;
e) It identifies it? of the good im?l that it constitutes objecto material of the contract;
f) It identifies it? e value of neg?o aimed at by the contract;
g) It indicates it? of the sum or percentage of it remunerates? waked up;
h) The amount effectively gained t?lo of remunerates.
2 - Men?s the one that if relates n?ro previous must be enrolled in book soon ap?a celebrates? of the contract of it measured? imobili?a and completed with informs? relative?oncretiza, or n? of neg?o aimed at by the contract of it measured, in the following terms:
) Immediately ap?a materialize? of neg?o aimed at by the contract of it measured, if it will be the case;
b) Immediately ap?o term of the contract of measured, case neg?o for it aimed at n?se materialize.
3 - The book of registers must possess numbered leves and term of opening dated and signed for the company of measured.
9..
Inscri?
1 - The order of inscri? for exerc?o of the activity of it would angaria? imobili?a?ormulado in petition directed to the chairman of the board of manages? of the IMOPPI, which it must consist identifies it? of the petitioner, with it indicates? of the firm, of n?ro of contributor and domic?o, as well as of the marks and used corporate names in exerc?o of the activity.
2 - The petition related in n?ro previous must be folloied of following documents:
) Cart?de identifies? of empres?o in individual name;
b) Ticket of identity;
c) Certifyd of the criminal register;
d) It declares? of the petitioner in as n?se it finds in any of situa?s foreseen in the n.. 2 of article 25.. of Decree n.. 211/2004, of 20 of August;
e) Comprovativos documents of habilita?s liter?as and professional experi?ia, when demanded, foreseen in al?a c) of the n.. 1 of article 25.. e in n.os 1 and 3 of article 26.. of Decree n.. 211/2004, of 20 of August;
f) Document, emitted for the competent, comprovativo entity of the regularity of the respective one points out? before seguran? social or, having initiated the activity h?enos of six months, comprovativo of respective inscri;
g) Document, emitted for I distributed? of finan? of?a of domic?o of the petitioner, comprovativo of the regularity of the respective one points out? inspector or, having initiated the activity h?enos of six months, fotoc?a of declares? of inscri? in registo/in?o of activity, as he delivers in I distributed? of finan.
3 - The order of inscri? ?preciado in the stated period m?mo of 30 days to count of the date of its entrance in the IMOPPI.
4 - The stated period foreseen in n?ro previous is always suspended that the petitioner is notified to supply defici?ias, to give clarifications or to join other documents, for per?o that it will be fixed, which to n?poder?xceder 30 days.
5 - A time proven all the requirements established in article 25.. of Decree n.. 211/2004, of 20 of August, the petitioner?otificado for, in the stated period of 15 days to count of emiss?da respective guide, to proceed to the payment from the tax aplic?l, as well as the o payment of the fines applied for decis?tornada definitive, whose payment n?haja been efectuado.
6 - Decis?que to fall again on the order? pronounced in the stated period m?mo of 10 days to count of the term of the stated periods foreseen in the previous n?ros.
7 - In the case of granting of the order of inscri, the IMOPPI proceeds?miss?do respective cart?de identifies, foreseen in the n.. 2 of article 24.. of Decree n.. 211/2004, of 20 of August, in the stated period m?mo of 10 days.
10..
It revalidates? of inscri?
1 - The order of revalidates? of inscri? formulated in petition of which dever?onstar it declares it? of that the petitioner re? the requirements foreseen in article 25.. of Decree n.. 211/2004, of 20 of August.
2 - The petition the one that if relates n?ro previous must be folloied of following documents:
) Certifyd of the criminal register;
b) Document, emitted for the competent, comprovativo entity of the regularity of the respective one points out? before seguran? social;
c) Document, emitted for I distributed? of finan? of?a of domic?o of the petitioner, comprovativo of the regularity of the respective one points out? inspector;
d) Comprovativo document of carries through? of form? cont?a.
3 - The order of revalidates? of inscri? appreciated in the stated period m?mo of 30 days to count of the date of its entrance in the IMOPPI.
4 - The stated period foreseen in n?ro previous is always suspended that the petitioner is notified to supply defici?ias, to give clarifications or to join other documents, for per?o that it will be fixed, which to n?poder?xceder 20 days.
5 - When to verify manuten? of all the requirements established in article 25.. of Decree n.. 211/2004, of 20 of August, the petitioner?otificado for, in the stated period of 15 days to count of emiss? of the respective guide, to proceed to the payment from the tax aplic?l, as well as the o payment of the fines applied for decis?tornada definitive and of the taxes due for the registers of modifies? of firm and domic?o, whose payment n? he has been efectuado.
6 - Decis?que to fall again on the order of revalidates? of inscri? ?roferida in the stated period m?mo of 10 days to count of the term of the stated periods foreseen in the previous n?ros.
7 - In the case of granting of the order, the IMOPPI proceeds?evalida? of inscri? e of cart?de identifies, in the terms of the n.. 3 of article 24.. of Decree n.. 211/2004, of 20 of August, in the stated period m?mo of 10 days.
11..
Cancellation of inscri?
1 - The order of cancellation of inscri, the one that if relates al?a) of article 30.. of Decree n.. 211/2004, of 20 of August?ormulado in petition, having being folloied of respective cart?de it identifies? e of declares? of it modifies? or it ceases? of activity, as it has been delivers in I distributed? of finan.
2 - In the case of documents mentioned in n?ro previous to n?serem you deliver with the cancellation petition, must be sent to the IMOPPI in the stated period of eight days to count of decis?de cancellation, duly warned apreens?imediata for the competent authorities.
12..
It communicates? of altera?s
1 - Comunica?s foreseen in al?as) and the c) of the n.. 1 of article 21.. e in al?as) and the c) of article 35.. of Decree n.. 211/2004, of 20 of August, s?efectuadas for declare? e must be folloied of comprovativos documents of altera?s.
2 - Comunica?s foreseen in al?a b) of the n.. 1 of article 21.. e in al?a b) of article 35.. of Decree n.. 211/2004, of 20 of August, s?efectuadas for declare.
3 - Comunica?s foreseen in the previous n?ros s?apreciadas in the stated period m?mo of 20 days to count of the date of its entrance in the IMOPPI.
4 - The stated period foreseen in n?ro previous is always suspended that the petitioner is notified to supply defici?ias, to give clarifications or to join other documents, for per?o that it will be fixed, which to n?poder?xceder 10 days.
5 - Ap?a appreciates? e proves? of comunica?s efectuadas, the?otificado petitioner, when aplic?l, to proceed to the payment of the tax in the stated period of 15 days to count of emiss?da respective guide.
13..
Licen?/b >
The licen??itulada one for document, of which must consist:
) N?ro of licen?
b) It calls it? social and the headquarters;
c) Being about society with effective headquarters noutro Been of the Uni?Europeia, it calls it? of the respective one it represents? permanent;
d) N?ro of identifies? of collective person;
e) In?o and term of validity of licen?
14..
Cart? of it identifies? of administrators, controlling or director
Cart? of it identifies? the one that if relates the n.. 2 of article 5.. of Decree n.. 211/2004, of 20 of August, s?emitidos and supplied for the IMOPPI to the administrators, controlling and director of following the permitted companies and them must consist men?s:
) The name of the legal representative;
b) It calls it? social of the company;
c) N?ro of licen?e respective date of validity.
15..
Cart? of it identifies? of imobili?os angariadores
Cart? of it identifies? the one that if relates the n.. 2 of article 24.. of Decree n.. 211/2004, of 20 of August, s?emitidos and supplied for the IMOPPI to the imobili?os angariadores with inscri? in following vigor and of them they must consist men?s:
) The firm;
b) N?ro of inscri? respective e date of validity;
c) N?ro of identifies? inspector of empres?o in individual name;
d) Domic?o;
e) Photograph of the face of the petitioner, type pass, gotten h?enos of one year, the colors and deep smooth, with good condi?s of identifies? e measured adjusted to the model of cart?de identifies.
16..
Adapta? of objecto social
For effect of the made use one in the n.. 1 of article 53.. of Decree n.. 211/2004, of 20 of August, the permitted companies?ata of the entrance in vigor of the same diploma and that to exer? other activities, for al? of the activity of it measured? imobili?a and of manages? of im?is for account of they outrem, must prove that they had left of exerting them.
17..
Models
The petitions and declara?s foreseen in the present diploma s?efectuados in pr?io model and directed the chairman of the board of manage? of the IMOPPI.
18..
Entrance in vigor
The gift would carry produces effect?ata of the entrance in vigor of Decree n.. 211/2004, of 20 of August.
In 6 of October of 2004.
The Minister of the Cities, Manages? Place, Inhabits? e Regional Development, Jos?u?Fazenda Arnaut Duarte. - the Minister of the Workmanships P?icas, Transportes and Comunica?s, Ant?o Lu? War Nunes Mexia.
Now let's look at what is got for line j) and l)
j) Document, emitted by the competent body, proving the regularity of the respective situation before social security or, being about company that has been constituited in less than six months, (comprovativo) proof of respective inscription;
l) Document, (emitted) isssued (for) by (I distributed? of finan? of?) tax return office of area (the headquarters) of the petitioner, (comprovativo) proof of the regularity of the respective one (points out? inspector) fiscal situation or, being (about) a company created in the last (constitu? h?enos of) six months, fotoc?a photocopy of declaration of enrollment in (declares? of inscri? in registo/in?o of) activity, as (it delivers in I distributed? of finan) given in to Tax Return Office;
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