Can anyone help me?

Dear All

In one of the tests last week (Simulacro 04 Exame 6) I was one of the few to incorrectly answer question 13 regarding IMT in the autonomous regions, The Azores and Madeira. It still worries me as the look of surprise on Daniel's face that anyone should have missed this as it was on one of the handouts we were given the week before??

I have looked through all my papers and don't appear to have anything that relates to this subject. I do have something relating to IVA, but this must be something different.

So, I seem to be missing a handout from our last session before the exam simulations. If this is the case, please can anyone let me have a copy?

Yours desparately

JENNY

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Good for you.

Can anyone help Jenny? I am in Lisbon at present.

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Jenny, I can't find the table in the info Daniel gave. If you get the News mag from APEMIP for March you will find it on page 11.

Até € 104.375 ..............0

104.375 to 143.500 ......2%

143.500 to 195.625........5%

195.625 to 326.125........7%

326.125 to 652.125........8%

Over 652.125.................6%

Prédios rústicos 5%. Outras 6,5%

Hope this helps. David

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The webste is as follows:

http://www.cgd.pt/habitacao/guia_transmissao.htm

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Dear David

Many thanks for this. At least now I have the figures as I don't receive the news mag from APEMIP. I wonder if there is anything else in the handout we shoulkd know about.

Jenny

Dever de Conservação

Does DL 555/99 mean that all buildings have to have conservation work done at least every 8 years?

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From what context did you retrieve this info from?If you consulted the law itself, please state which articles.

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ts Artigo 89º, which you posted Urbanismo

Dispensa de Licenciamento

Obras de restauro/ reparação are not subject to a municipal licence. (DL 445/91) but on another page alteração/ reparação is subject to licencing. Which is correct?

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Obras de alteração ou de ampliação que obriguem a alterações estruturais, da fachada e portanto estéticas do edifício, como ainda funcionais nas áreas comuns ou públicas do prédio - as 3 situações obrigam a licenciamento camarário.

In plain English, if you alter or enlargen a building where those changes are of one of 3 kinds:

• structural
• fachade or the stetics of the building
• funcional in regard to common or public areas of the property (That affect 3rd parties)

Then licencing by town hall is mandatory.

Habilitações

I am confused about the Portguese education system (question 19, simulacro exame 1).

Is escolaridade mínimo obrigatório not equivalent to 9th year? If not what is the terminology for this equivalence?

David

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A escolaridade mínima obrigatória (Notice gender is compliant here) is equivalent to 9th Grade in the Portuguese Ed. System.

Ensino secundário completo is equivalent to 12th. Grade.

Daniel

Understanding IMI

Can anyone tell me the meaning of the following word which appears regularly from pages 8 - 13 of the module on Fiscalidade no Imobiliario?

'afectação'

I know Daniel hasn't given out definitive copies of this module yet, but it does appear here on the campus.

Many thanks.

Jenny

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Better late than never, right?

I believe you now know the meaning of "Afectação".

It means attachment; Relating an object to something, very much like a a toy such as a teddy bear gains meaning and life - hence, affection - in a young child's eyes.

It is used the this context to relate property to the use it is give: Commerce, Housing, Industry, etc.

This coeficient is then joined by the others to help achieve and diferentiate properties, making VPT a more realistic and balanced value to assist in the calculation of both IMI and IMT.

Module 2: tests

Do you have the answers to module 2 teste 1 & 2 ?

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Correcção do Teste I

A Ética da mediação imobiliária:

Empresa e angariador imobiliários

1. A empresa de mediação é obrigada a certificar-se no momento da celebração do contrato de mediação:

b) Da correspondência entre as características do imóvel objecto do contrato e as fornecidas pelos interessados contratantes e se sobre ele recaem quaisquer ónus ou encargos.

2. As empresas são obrigadas a:

b) Organizar e conservar actualizado um registo e um arquivo de todos os contratos de mediação celebrados no exercício da respectiva actividade.

3 - A remuneração só é devida com a conclusão e perfeição do negócio visado pelo exercício da mediação exceptuando-se dois casos:

a) Haja um contrato de mediação celebrado em regime de exclusividade ou um contrato-promessa e ainda acordo entre as partes.

4- É expressamente vedado ao angariador imobiliário:

b) Efectuar atendimento do público em estabelecimento próprio.

5- Os angariadores imobiliários são obrigados a:

b) Comunicar ao IMOPPI a cessação da respectiva actividade.

6- As empresas e os angariadores imobiliários são obrigados a:

b) A conservar durante os cinco anos civis subsequentes ao da respectiva celebração os contratos por si celebrados e arquivados.

7- A inscrição dos angariadores imobiliários e os respectivos cartões de identificação são válidos:

a) Por um período de três anos e revalidados por idênticos períodos.

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Correcção do Teste II

A Ética da mediação imobiliária:

Empresa e angariador imobiliários

1. A empresa XPTO, mediação imobiliária, Lda celebrou contrato de mediação imobiliária com o Sr. Virgílio para promover a venda do seu apartamento. Na prospecção feita pela empresa, esta encontrou a D. Isabel com quem firmou contrato de mediação imobiliária. Dos imóveis que lhe foram apresentados pela empresa, ela ficou interessada na compra do imóvel do Sr. Virgílio. Após a assinatura do contrato de promessa de compra e venda, a empresa quis receber da comissão respectiva. Qual deve ser a proposta correcta da empresa?

c) Após ter sido celebrado contrato-promessa relativo ao negócio visado pelo contrato de mediação com Sr. Virgílio, e as partes terem previsto e dado a sua anuência, este último realizou o pagamento da remuneração à empresa.

2. Durante a transacção acima referida, aconteceu uma infelicidade à D. Isabel, tendo esta sido hospitalizada, com gravidade, logo após terem assinado o contrato de promessa. Por isso, o Paulo – filho único dessa Senhora – decidiu abordar o Sr. Virgílio sem comunicar à empresa a sua intenção. E juntos celebraram uma escritura pública de compra e venda em nome dele. Foi então que a empresa soube e exigiu o cumprimento do contrato de mediação imobiliária. Mas o Sr. Virgílio não quis pagar a remuneração devida. Quem tem razão?

b) A Empresa, porque a alteração subjectiva numa das partes do negócio visado, por exercício do direito legal de preferência, não afasta o direito à remuneração da empresa de mediação.

3 - Como era a primeira vez que o Paulo comprava casa, e não recorreu ao crédito bancário, não reparou que o Sr. Virgílio não pagou o distrato da hipoteca que tinha sobre o imóvel, nem o IMI do ano anterior. Mas uns amigos alertaram-no, o Sr. Virgílio não quis pagar de maneira nenhuma e ele teve de pagar coisas que não queria. Irritado, abordou a empresa e exigiu que esta restituísse os prejuízos que, a seu ver, aquela tinha causado.

c) A empresa de mediação imobiliária não é responsável pela falta de pagamento de quaisquer quantias por parte de quem com ela tenha celebrado contrato de mediação imobiliária.

DL 211/04 – Art. 22 e 23 (Pág 15) refrente a art. 16 alíneas 1 e 2, nas págs. 12 e 13

Regime Jurídico

What is the difference between gestão and administração?

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It depends on context.

For all purposes, administração is understood better as a group of persons who manage and gestão as the activity they render. But at the same time, they are synonimous and one and the same thing.

Please elaborate context.

Manutencao needed?

As angariador it is said that...A inscricao na actividade de angariacao imobiliares e sua manutencao dependem do preenchimento cumulativo.....what if yoo are unable to give them all info necessary to subscribe as an angariador?? can you then still work or be active as an angariador...or do you have to comply with the rules and wait untill you have given them all necessary information.

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I'm sorry to say that formally it is a black or white situation.

If you do not have all the requisites available to send to them, my best advise is to send what you have.

It is written in the 211 law that they give you then a set numbers of days ( I believe it's 20) to get the missing requirements to them.

If you establish a rapport with them, they will not stop you sending those last elements later than those 20 days span. The way to do it is to either send a registered letter or a fax to them, at the time, informing them of your difficulties in attaining such elements...

But you canot officially be active, no.

falta de comunicar ao IMOPPI

What are the (moral) consequences of not communicating with IMOPPI (within the set period by IMOPPI) about current changes in the underlined business or business situation of an angariador and can we get away with not being able to speak or read Portugues that well..............

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IMOPPI defined with the 211 law a set of fees (taxa) and fines (Coima) to cover and disencourage such actions.

This means that the later you fulfill your obligations the higher the fee, until one reaches the end of the period and then has to start over again.

On the otherhand, if you decide not to "make yourself visible (known)", you can face great problems for yourself and the company you work for.

The third way can be working as a management or marketing consultant, but again the risks can be great.

The language issue is, at present, a brick wall one cannot overcome. Portuguese is mandatory. Thsi is an issue that can and should be looked at in a serious and effective manner in the near future by those professionals that wish to have a proactive contact with the Institute.

The moral, or better still ethical issue is that professionalism requires one to be legal. It's a simple as that. Thus the path of set in the direction of learning Portuguese and taking the exam, passing and the concluding requirements so as to enrol or get a license at IMOPPI.

Translating Module 2

Please explain the meaning of paragraph's J and L on page 4/20 of Module 2 - Introducao A Deontologia Imposta Pelo IMOPPI

Thank you

Jenny Dackombe
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First Use one of the translators on the web, such as Altavista:

http://babelfish.altavista.com/tr

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What you get is: as follows (mumbo jumbo, for the most part):

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;

Training versus Getting Credits

One of the problems I am regularly faced with, among real estate activities in Portugal, is the confusion that many make by considering it worth the while to endure a couple of hours of lecturing in order to attain a credit ... As against to the ever-present need imposed by the market itself for development of the lister and the mediator.

Today's generation of professionals, better without a doubt than the previous one to which I belong, still has to wake up to the painful truth that each minute spent in such initiatives will set them back in the war of international marketing.

Accredited training, in my opinion, as a professional of the real estate activity, should always be a means of enrichment with knowledge and practices; Useful and applicable to the activities themselves.

A lot has been achieved, since the time at the real estate association we dined among friends, back in the eighties... But we are still far away from understanding that if we do not grasp useful tools for our day-to-day activitries from such events, we spent 5 hours in a course or seminar which will only serve to give give us a piece of paper and at the end six credits for the renewal.

O barato sai caro (Cheap is expensive), in this case. We put aside training and rejoice in bureaucracy...

- "Para Inglês ver."

Bancos: Dinheiro disponível mais rápido

Bancos: Dinheiro disponível mais rápido
15-03-2007 10:10:00

A partir de hoje, os Bancos vão ter de pagar cheques de outros Bancos em dois dias. Os cheques da mesma instituição ficam disponíveis de imediato.

"É uma prática abusiva e lesiva dos bancos em relação aos consumidores", disse à agência Lusa o secretário de Estado do Comércio, Serviços e da Defesa do Consumidor, na véspera do Dia Mundial dos Direitos do Consumidor.

Sobre o decreto-lei que obriga os bancos a disponibilizar mais rapidamente o dinheiro depositado (em numerário ou em cheque), Fernando Serrasqueiro disse à Lusa que "é injustificável que os bancos não pudessem dar uma resposta".

"O sistema financeiro em Portugal é dos mais evoluídos tecnologicamente, por isso seria incompreensível não o fazer", adiantou.

Segundo o diploma, o dinheiro tem de ficar disponível de imediato quando é depositado ao balcão do banco.

Isto aplica-se tanto aos cheques normalizados pertencentes ao próprio banco ou aos cheques de outro banco mas que sejam visados.

Além disso, tem de ter data-valor do próprio dia (quando fica disponível para ser movimentado pelo beneficiário e se inicia a eventual contagem dos juros), quando é depositado em numerário em terminais automáticos que tenham possibilidade de conferir as notas, desde que o depósito seja feito num dia útil.

O dinheiro fica disponível no dia útil seguinte quando o depósito for feito em terminais automáticos num sábado, domingo ou feriado.

Já no caso dos depósitos de cheques em terminais automáticos ou de cheques normalizados depositados ao balcão mas para serem descontados num banco distinto, o dinheiro fica disponível no segundo dia útil após o depósito.

O decreto proíbe ainda "o débito de juros ou de qualquer despesa correspondente, pela movimentação a débito dos fundos disponibilizados" nos termos descritos.

O Banco de Portugal deverá fazer uma avaliação do impacto da medida dando-a a conhecer num relatório decorrido um ano sua entrada em vigor.

Esta medida é a terceira iniciativa do secretário de Estado do sector, para a defesa do consumidor e a regulamentação da actividade bancária.

Assim, além da disponibilidade dos depósitos, entrará em vigor no próximo dia 7 de Abril a lei sobre a amortização de empréstimos à habitação, que poderá ser feita em qualquer momento e no montante que o cliente quiser, pagando uma comissão máxima fixada por lei e sem quaisquer outros encargos.

Esta nova lei aplica-se tanto em amortizações parciais, como totais antecipadas e também quando se pretende transferir o empréstimo para outro banco, sendo aplicável para contratos que venham a ser celebrados como para aqueles que se encontram em execução.

Ainda neste caminho legislativo, foi aprovado do dia 22 de Dezembro do ano passado outro decreto-lei que obriga a arredondar à milésima os juros do crédito à habitação.

Segundo esta lei, o arredondamento deve incidir "apenas sobre a taxa de juro", ou seja antes da adição da margem aplicada pela instituição de crédito.

Fonte: http://www.observatoriodoalgarve.com/cna/noticias_ver.asp?site_lang=pt&noticia=11962

Equivalence: What is happening to Schools and how you should act.

- Because this information is pertinent to your successful licencing or enrolment at IMOPPI, as the exam pass certificate only is valid for 1 year.

THE PRESENT SITUATION

What is happening within the Ministry of Education and its relationship with the schools - in regards to issuing equivalence certificates - has obliged me to write this down so all can read, understand, and take the right course of action.

Schools are being "bombarded" with requests for foreign equivalence and are now having to face the consequence of accepting lightly the orders come from Lisbon through DL 227 and its Portarias.

Like everything else in Portugal, these have proven insufficient to respond in full to such requests of equivalence and so there is in motion a change in the whole process (of adaptation) so as to make 2 things possible:

A) The schools clerks and administration are trying to get to grips with the equivalence of things which the simple tables in the portarias do not have in them; Hence all foreign equivalences are going up to Lisbon;
B) The consulates and translators are in need of understanding themselves what is at stake (which I explain early on in my courses), and so people can come to terms with the requirements and make sure whoever translates and authenticates your documents knows what they are doing.

What I have been trying to do is the following:

- I have established a line of action through the Faro School of João de Deus, which enables some broadmindedness and the possibility to have a say in favour of such requests;
- At the same time, I have re-established ties with the "Sector de Equivalência" in the Ministry of Education in Lisbon

These 2 actions combined allow for a working line of communication to smoothen acceptance of your qualifications; It will also allow to act in combined force with translators and consulates/embassies in the near future - To inform and educate them on what is required.

This does not mean that the whole process can be magically made by some sort of prince to fall upon a timeframe which does not respect the reality entailed.

It means that the procedure will be far more realistic and adapted to the different credentials presented form all the different nationalities, especially in the light of IMOPPI requirements.

New Complaint Book - From 1st January, 2006

Licensed real estate companies must have a "livro de reclamações", exclusively for each office open to the public.

imobiliária têm um novo modelo.

Since 1st January, 2006, new copies can be bought through the shopes of Imprensa Nacional Casa da Moeda, S.A.
If you have one prior to 31/12/2005, it will not be necessary to buy a new one. Only when it ceases its function.

Sic IMOPPI

The credit system has arrived!

When we said good-bye to 2005 and joyfully faced the incoming year, not many of us had the mind or heart to dwell on IMOPPI's system of credits as defined by the now famous portaria 1326.

Brokers and listers alike have been drawn into the vast framework of the training world - seeded in the Bologne process: A period of 3 years where some sort of insurance must be ascertained by IMOPPI that those in the real estate business undergo training and retraining to better their professional abilities.

In essence, the real estate professionals have now become officially obliged to attain six "training" credits every three years - which is the lifespan of a licence or enrolment, depending on whether you are a broker or a lister.

What IMOPPI doesn't realise, among many others, is that this in turn takes us into the sphere of re-interpretating such activities and their training, understood until now as merely intuitive and - as the Portuguese have said in the past, "para inglês ver" (For the English to see).

Training has been cast under the rug over the last 20 years, since Portugal joined the EU, and like so many other countries has treated professional training as some sort of escape goat.

It's time real estate training be taken seriously and looked in the eyes.

The pertinence of IMOPPI's credit system is in augmenting the need for training solutions not yet fully developed which can permit all that has been said herein happen.

It is up to trainers, training schools, associations and the universities to offer the professionals credible, reliable solutions that can incorporate the spirit of real estate practice in Portugal.

Is selling not life?!?

It is often thought that certain people are "born salespersons". We forget that it rarely is the case.

Even taking into consideration that such a factor X can exist, whether of genetical value or simply a gift, if we look closely we find that everyone has this salesperson's quality.

It may be deep inside, but sure enough, one finds that selling is to know how to live: It may be just trying to survive, but more often than not it's all about discovering the quality life has and that is at our arms reach. If only we learn to sell...

So when one talks about training in sales and other relevant subjects, that envelop the real estate activities, one should not take it lightly: Selling or buying real estate demands understanding the full scope of the responsabilities they entail; The right approach should be made in training to allow the professional to follow the most appropriate knowledge and skills that can really elevate him or her into true "salepersonship", and thus become the "good salesperson" the market wants.

One should keep in perspective that real estate activities are by and large dependent on one thing and one thing alone: The human factor

The past 20 years of real estate in Portugal

Over recent years, public concern has grown in Portugal on how real estate transactions are handled by brokers. In tune with Europe, Portuguese legislation has made an effort, not only to make such transactions more transparent, but also to develop human resources in these companies.
By coupling the commercial and managerial side of the business with training courses, "Sociedades de Mediação Imobiliária" (real estate brokers in Portugal) ensure an overall better service and reinforce their position in the market.
Over the years, since the 80's, and despite initial efforts by CMOPPI, followed by IMOPPI, there has never been a real link between real estate practice, professional training and the subsequent laws.
IMOPPI's efforts do deserve credit, but fail to hit the target.
This can be seen in the way most training companies lack the capacity to overcome the difficulties of reaching out into the field and joining theory with practice.
Nevertheless, real estate brokers have begun to realise the necessity for adequate treatment in producing active curriculae.
This portal also allows certified real estate brokers and listers to use the "Multiple Listing System" (MLS), with specialised directories, placed all over Europe and North America.
Slowly, but surely, this reflects on the market...

It's time for Open Source

Real estate practice is closely connected to the way people interact with society, proving that no single model can be applied in a universe manner.

Not only does this apply stricktly to the Portuguese market, it also proves itself worldwide.

So the time has come for those you may read this blog to take upon themsleves the challenge to say how each and everyone one of you see it; How such a practice happens in your country, region or town.

Feel free to contribute with your thoughts.