Redução
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 247 |
Page 247
s.f. (lat. reductione).
s.c.: acto ou efeito de reduzir; conversão de uma quantidade noutra equivalente; acto de fazer voltar ao seu lugar ossos desconjuntados ou fracturados.
A sociedade que pretenda obter autorização judicial para reduzir o seu capital instruirá a petição com a acta da respectiva assembleia geral, a convocatória correspondente e os documentos comprovativos da observância do disposto na lei sobre o novo capital.
Verificada a regularidade da petição, o juiz ordena que a deliberação da assembleia geral seja publicada.
Nos 30 dias seguintes à publicação, pode qualquer sócio ou credor dissidente deduzir oposição à redução.
Admitida alguma oposição, é suspensa a deliberação e notificada a sociedade para responder.
Quando a redução do capital for apenas destinada à cobertura de perdas, e algum credor social pretender obstar à distribuição de reservas disponíveis ou de lucros do exercício, instruirá a petição com certidão do registo e publicação da deliberação de redução, fazendo prova da existência do seu crédito.
A sociedade é citada para contestar ou satisfazer o crédito do requerente, se já for exigível, ou garanti-lo adequadamente.
O depoimento de parte é sempre reduzido a escrito, mesmo que tenha sido gravado, na parte em que houver confissão do depoente ou em que este narre factos ou circunstâncias que impliquem indivisibilidade da declaração confessória.
A redacção incumbe ao juiz, podendo as partes ou seus...
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Os assinantes podem ver as versões revisadas da legislação com emendas
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