Asset Management | Private Clients

Investment portfolio | Structuring family investments | Succession planning | Visas and residence permits | Non-Habitual Residents

We advise clients from a double legal and tax perspective, for the structuring and management of investment portfolios in different sectors, namely in the support of real estate transactions, in the financial market, in the contracting, among others, of complex financial products, such as unit-linked insurance, Notes, ETFs and derivatives.

With regard to family assets, resulting from investments made over the years, it is urgent to reevaluate the existing structure, with a view to increasing its organization, maximizing its efficiency and even the relevance of carrying out succession planning while still alive.

Another aspect of asset monetization comes from obtaining residence permits through the Golden Visa, which allows applicants a wide variety of investment options, and which can be converted into a permanent residence permit in Portugal or Portuguese citizenship after 5 years, as long as the respective requirements are met.

We identify the most appropriate visa for each specific case, we monitor the respective application and its subsequent phases, particularly for residence permits and nationality applications.

To carry out good asset management it is necessary to understand:

• the legal framework related to inheritances.
• have knowledge of taxation at the IRS level related to securities and real estate investments.
• know the different investment alternatives, risks and returns.
• learn to organize information in a systematic way based on accounting principles.
• develop the ability to analyze the financial situation and report.

Agri-food

The agri-food sector includes all activities related to the transformation of raw materials into food and beverages such as agriculture, forestry, the food and beverage industry and, finally, their distribution.

Above all, in the last decade, it has allowed this sector to adapt products to the diverse tastes of increasingly demanding consumers and, at the same time, to process them in a healthier way, therefore presenting more innovative and more competitive characteristics for the markets.

In Portugal, the agri-food industry represents an important engine for the country's economy, not only because it contributes to the increase in exports and direct and indirect jobs, but also because it creates genuine, fresh and 100% national products, characteristics that are highly appreciated. by consumers, which increases the degree of trust in products.

Multidisciplinary legal solutions are needed, in areas as varied as Public and Regulatory Law, Real Estate Law, Corporate Law, Tax Law, Urban Planning, Labor and Financial Law.

Salary Disparity | Paygap

Access to paid work is crucial not only for society and families as a whole, but also for the autonomy and professional and personal well-being of women and men.

The wage gap between women and men accumulated throughout life results in an even greater disparity in pensions, with older women being more exposed to the risk of poverty than men.

The elimination of the Gender Pay Gap has been a political priority in Portugal, with Law No. 60/2018 of August 21 having been published, which approved measures to promote equal pay between women and men for equal work or work of equal value in Portugal and introduced:

• A transparent remuneration policy based on the evaluation of job components based on objective criteria common to women and men;

• Greater rigor in the collection and dissemination of information, with the GEP-MTSSS now publishing the Salary Equality Barometer.

Authority for Working Conditions intervenes when verifying the existence of asymmetries, ordering companies to present an assessment plan for such salary differences.

Also, any worker may request the Commission for Equality in Labor and Employment to issue a binding opinion regarding the existence of pay discrimination based on sex, unduly justified differences being presumed to be discriminatory.

Infringement of this regulatory framework leads to the practice of administrative offenses and the payment of fines, sometimes large, with the possible application of additional sanctions of deprivation of the right to participate in auctions, public tenders and inevitable reputational damage to non-compliant companies, which is why it becomes permanent a legal consultancy with multidisciplinary teams, specialized in the areas of labor, tax, corporate governance and regulatory law, possessing all the analytical and resolving capacity for the multiple difficulties of corporate governance.

Our actions ensure:

• Risk assessment,
• Inclusive language,
• Preparation and review of remuneration policies,
• Advice at general assemblies and meetings of the management body to discuss remuneration matters,
• Preparation and review of short, medium and long-term remuneration plans for administrators and workers,
• Preparation and review of employment contracts,
• Drafting and application of malus and claw-back clauses.
• Follow-up.

Reporting irregularities

On December 20th, Law No. 93/2021 was published, which establishes the general regime for the protection of whistleblowers of infractions (RGPDI), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council, of 23 December. October 2019, on the protection of people who report violations of Union law, creating the obligation to implement internal reporting channels and procedures to ensure compliance with the principles underlying this new legal framework, with obligations imposed on Whistleblowing transversal to all economic sectors.

For this purpose, the following may be considered whistleblowers:

• Workers in the private, social or public sector;
• Service providers, contractors, subcontractors and suppliers, as well as any people acting under their supervision and direction;
• Holders of social shares and people belonging to administrative or management bodies or to fiscal or supervisory bodies of legal entities, including non-executive members;
• Volunteers and interns, paid or unpaid.

The whistleblower protection regime concerns reports of the following infractions:

1. Public procurement;
2. Financial services, products and markets and prevention of money laundering and terrorist financing;
3. Product safety and compliance;
4. Transport safety;
5. Environmental protection;
6. Radiation protection and nuclear safety;
7. Food and feed safety , animal health and animal welfare;
8. Public health;
9. Consumer protection;
10. Protection of privacy and personal data and security of network and information systems;
11. The act or omission contrary to and harmful to the financial interests of the European Union to which it refers Article 325 of the Treaty on the Functioning of the European Union (TFEU), as specified in the applicable European Union measures or internal market rules referred to in Article 26(2) of the TFEU, including competition and state aid rules, as well as corporate taxation rules, or even if it contradicts the purpose of the aforementioned rules or standards;
12. Violent, especially violent and highly organised crime, as well as the crimes provided for in Article 1(1) of Law no. 5/2002, of 11 January, which establishes measures to combat organised and economic-financial crime.

The denunciation or public disclosure may be aimed at infractions that have been committed, are being committed or whose occurrence can be reasonably predicted, as well as attempts to conceal such infractions.

The reporting or public disclosure of an infraction, made in accordance with the requirements imposed by Law no. 93/2021, of December 20, does not, in itself, constitute a basis for disciplinary, civil, administrative or criminal liability of the complainant;

The requirements of this new legal framework vary depending on the size of the companies and the nature of the risks to which they are subject, and as such, we provide legal advice to all economic sectors to respond effectively to the specific demands of each of our Clients. , namely:

• In establishing a system and internal policies for reporting irregularities.
• In handling and monitoring complaints and investigations.
• In adapting internal policies, particularly risk management and compliance.
• In training employees and preparing good practice manuals.

Immigration | Temporary Work | Remote work

When an employee is working remotely, this means that they can perform their work from any location, anywhere in the world, and their employer does not necessarily have to know or approve where they are.

Remote work normally presupposes that the worker works wherever he wants, or always in different spaces, without anyone having to know about his employment relationships.

The great attractiveness of Portugal has led to a significant increase in requests for mobility to our country, which determines the need for legal support on the subject of Immigration, Relocation and Remote Work, advising companies that wish to ensure the mobility of workers to Portugal , or individual clients, where we monitor the process for entry and establishment in Portugal, namely in obtaining visas and/or residence permits, all their tax and Social Security framework for companies and expatriate workers, in regrouping family, in the acquisition of nationality, as well as in the constitution/international transfer of company headquarters.

Fintech

We advise clients in different sectors of economic and social activity and have the knowledge and experience necessary to support the activities of the most important players, including banks, insurance companies, technology companies, startups, investment funds and venture capital companies, with blockchain technology involved. , ethereum, bitcoin and other cryptocurrencies, smart contracts, initial coin offerings (ICOs), crowdfunding, new payment systems, e-commerce, robotics and automation.

We operate in the following branches of law:

• Banking and Financial Law,
• Capital Markets,
• Cryptoasset Regulation,
• Payment Services,
• KYC & AML,
• ESG,
• Crowdfunding,
• Data Protection Law,
• Intellectual Property Law,
• TMT Cybersecurity