Since introduction of new legislative basis on May 28, 2023, existing assets and investments management firms are required to adapt their business-activities. Approved new legal basis established uniform standards for venture capitals, funds management for capital-holders and specialized investments. Below we’ll look at the current framework and regulative standards where government grants asset management license in Portugal.

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Overview of asset management license in Portugal: regulative framework and privileges

In continuation of above-mentioned, it should be mentioned that Governmental body, guided by law analysis in question, expressed its intention to introduce harmonized, consistent and uniform regulative mechanisms for organizations holding such permission. Such mechanisms were aimed at progressing efficiency of supervision and competitiveness, making appropriate schemes according to EU-legislation. It’s particularly essential given the increasing competition of market-operators in integration to internal EU market-space.

To meet norms of economical background and oversimplification of legislative basis, internal legislature seeks to unify and systematize general rules governing business-activities of collective management-structures. Legislative standards are aimed at creating a favorable business-environment stimulating investments, firm capitalization and industry consolidation. According to new provisions, holders of such permits possess rights to control funds from next-mentioned groups.

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Collective investments

Collective organizations are establishments engaged in joint investments of funds raised from capital-holders according to predetermined strategies. OICs are defined as establishments raising funds from capital-holders for subsequent investmenting according to special policies, bearing in mind principles of risk diversification established. OICVM firms possess next-mentioned characteristics:

• their goal is to jointly funds raised from securities or other sources according to Legislative Regime and its prescribed limitations;

• shares in them may be redeemed at owners’ requests. Refusal of such queries might occur if cooperation interests traded on controlled and supervised market-platforms or their cost doesn’t differ essentially from net values.

As part of new regulations, holders of such permission might control and direct funds of such firms for next-mentioned goals:

• to real estate;

• venture capital;

• loans;

• securities or other funds, incl. those permitted ones.

New legislative regime reduces variety of categories of investments recognized in previous law-provisions, reducing to 3 key categories: estate, venture capital and loans. It should be noted that Legative Regime establishes next-mentioned: real estate is recognized for goals of investment-activities determined above, plus to interests and shares in OIA.

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To get asset management license in Portugal: start of management activities

According to current legislative basis, initiation of operation of management firms based on getting permission from local Commission. New law-regime provides for 2 modes of access to business-activities, determined by the purpose and size of enterprise.

First of them is a simplified basis of access and implementation of business-activities for small firms. In accordance with Legislative Regime, such firms have 2 categories – large and small – based on total value of funds under supervision, above or below certain amounts.

To get asset management license in Portugal, enterprises need to meet several normative points and standards, incl. having officially-registered local offices, having competent persons with relevant expertise, and having technical, human and organizational resources. Interested entrepreneurs may buy Portugal licensed asset management company. Our lawyers help you with the transfer of business-project.

Professional expertise and consulting on the way to obtain asset management license in Portugal

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• development of a business-plan;

• provision of documentation for persons included in firms’ structure;

• description of soft and internal mechanisms, AML/Compliance.

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