Acórdão nº 9530135 de Court of Appeal of Porto (Portugal), 09 de Abril de 1996
Data | 09 Abril 1996 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART85 N4 ART5 ART61 N1.
Sumário: I - O disposto no n.4 do artigo 85 do Código das Sociedades Comerciais é inaplicável à transformação de sociedade; para esta, deve a respectiva escritura ser outorgada pelos membros do orgão administrativo da mesma sociedade ou por alguém investido dos poderes respectivos em representação da sociedade e da sua administração. II - Da transformação de uma sociedade não resulta a extinção e sua dissolução se tal não for deliberado, devendo entender-se que o novo tipo de sociedade só existe a partir do registo de transformação, mantendo-se até então a estrutura orgânica anterior à escritura. III - Do disposto no artigo 61 n.1 do...
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