Despacho normativo n.º 370/79, de 17 de Dezembro de 1979
Despacho Normativo n.º 370/79 1 - O conselho de gestão do Banco Espírito Santo e Comercial de Lisboa coloca o problema de saber se o n.º 1 do artigo 1.º do Decreto-Lei n.º 322/79, de 23 de Agosto, se aplica apenas à aquisição de primeiras participações por entidades do sector público no capital de sociedades, ou se as novas participações aí mencionadas abrangem qualquer forma de aumentar a carteira de participações, mesmo que se trate do aumento (em termos absolutos) ou da manutenção (em termos percentuais) de participações já detidas por entidades do sector público.
O problema tem alcance geral e deve ser resolvido.
2 - Parece claro que a economia do Decreto-Lei n.º 322/79, de 23 de Agosto, pretende estabelecer um sistema global de contrôle das participações do sector público, tanto relativamente à sua aquisição como em relação à respectiva oneração ou alienação.
Por outro lado, a noção de nova participação é independente da existência de participações anteriores da mesma entidade participante na mesma sociedade participada. Nova participação não é primeira participação; é qualquer participação que acresce às existentes ou se lhes adiciona.
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