Decreto-Lei n.º 171/89, de 26 de Maio de 1989
Decreto-Lei n.º 171/89 de 26 de Maio O artigo 331.º do Código das Sociedades Comerciais prevê, no seu n.º 1, que as acções nominativas ou ao portador possam, por diploma especial, ser sujeitas ao regime de registo ou de depósito. Em tal previsão, por força do artigo 5.º do Decreto-Lei n.º 262/86, de 2 de Setembro, que aprovou o referido Código, foi enquadrado o Decreto-Lei n.º 408/82, de 29 de Setembro, que estabelece o regime de registo ou de depósito das acções nominativas emitidas por sociedades anónimas ou em comandita por acções.
Nos termos dos artigos 7.º e 11.º deste último diploma, e salvas as excepções aí previstas, a assinatura do declarante para efeitos de registo e de cancelamento da inscrição de acções deve ser objecto de reconhecimento notarial por semelhança, sob pena de recusa do recebimento da declaração por parte das sociedades emitentes.
Todavia, com a entrada em vigor do Decreto-Lei n.º 21/87, de 12 de Janeiro, a exibição do bilhete de identidade do signatário de qualquer documento passou a ter o mesmo valor legal do reconhecimento por semelhança da respectiva assinatura.
Ora, o elevado grau de responsabilidade exigível as instituições de crédito intervenientes nos processos de registo e cancelamento, bem como a necessidade de simplificar os mesmos processos, torna conveniente a admissão da abonação bancária...
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