The formation of commercial companies is a particularly enlightening example of this evolution, since the implementation of the “Empresa na Hora” initiative (instant company registration) in 2005. This innovation made it possible to combine several formalities into a single service appointment, thereby accelerating and facilitating the process.
Before 2005, forming a company meant, in most cases, complying with a series of formalities before various entities. Among these were the selection and approval of the company name, the drafting of the articles of association, the formalization of the incorporation act, commercial registration, and the fulfillment of tax and social security obligations. All these acts entailed administrative division and waiting periods that were not aligned with a company's objective to enter the market swiftly to start its operations and achieve its goals.
The "Empresa na Hora” initiative, established by Decree-Law no. 111/2005 of July 8, enables the incorporation and registration of certain companies through simplified procedures, eliminating the need for interested parties to carry out various steps separately. However, the company remains subject to the rules guiding its formation, registration, and the fulfillment of tax and administrative obligations. The change lies in the manner of meeting these requirements.
Indeed, the specificity of company registration is one of the central aspects of the change in the incorporation system, considering that it fulfills a primary function of legal certainty, specifically, informing third parties about the existence of the company and certain relevant aspects of its legal situation.
With the creation of this resource, the legislator instituted an immediate incorporation model that centralizes, in a single response, the preparation of the articles of association and the execution of the commercial registration, while also coordinating the communication of the company's formation with other public entities. Thus, there has been a transition from a situation where the formalization of the memorandum of association and the promotion of its respective registration constituted separate and, in some cases, lengthy stages, to the simplification of the procedure necessary to achieve that result, thereby reducing administrative fragmentation and the time associated with company formation.
In short, instant company registration constitutes a paradigmatic example of the modernization of legal procedures in Portugal. The evolution of company formation in Portugal reflects a shift in the way legal requirements are met: from a dispersed procedure based on successive formalities to a progressively simplified, integrated, and digital system, transforming the way citizens access the service.