Public Utility Foundations and Entities
The Secretariat-General of the Presidency of the Council of Ministers (SGPCM) is the entity charged with initiating the processes of granting, renewing, or terminating the status of public utility. It also receives the mandatory legal communication and records any changes to the legal representatives and communication of interest in maintaining public utility status.
In the scope of the Foundations, it initiates the requests for recognition, statutory amendments, permission to sell assets, and termination It also receives the mandatory legal communication and records any changes to the legal representatives.
New Framework Law on Public Utility Status
On 1 July 2021, Law 36/2021 of 14 June came into force, which approves the Framework Law on Public Utility Status.
This bill consolidates in one single legislative act the legal scheme applicable to public utility legal persons, contributing to two goals: the end of the prior legislative dispersal and the revocation of several legislative acts.
This framework law does not hinder the legal persons who benefit from public utility status via the law, rather distinguishes them from those who fall under a specific type of legal person.
Public utility status is now granted as a rule for a ten-year period. However, in exceptional cases, and according to a prior and duly justified request by the applicant, the status can be granted for up to 15 or 20 years.
This framework sets up a transitory scheme during which the legal persons who have been granted public utility status, or the status of administrative public utility via administrative act must inform the SGPCM – through the website ePortugal, of their interest in maintaining this status.
This information must be communicated in accordance with the schedule below:
| Date by when the communication is to be made | Entities encompassed |
|---|---|
|
By 31 December de 2023 |
Private legal persons to whom the status was granted before 31 December 1980; |
|
By 31 December 2024 |
Private legal persons to whom the status was granted between 1 January 1981 and 31 December 1990; |
|
By 31 December 2025 |
Private legal persons to whom the status was granted between 1 January 1991 and 31 December 2000; |
|
By 31 December 2026 |
Private legal persons to whom the status was granted between 1 January 2001 and 31 December 2010; |
|
By 31 December 2027 |
Private legal persons to whom the status was granted between 1 January 2011 and the date on which this law enters into force. |
The status of public utility for legal persons who inform as above has a duration of ten years as of this communication under the law.
This scheme clarifies and identifies requirements, as well as simplifying and dematerialising administrative procedures that follow, generally, the Code of Administrative Procedure, approved as an attachment to Decree-Law 4/2015 of 7 January, in its current wording.
On legal persons with public utility status, a scheme on monitoring the activity and overseeing that the duties are met and respective fines for non-compliance with the obligations is also implemented.
The Framework Law on Public Utility Status regulated by Ordinance 138-A/2021 of 30 June, which came into force on 1 July 2021.
Supporting Documents:
For a better understanding of the amendments made by the new Framework Law on Public Utility Status, the SGPCM makes the following supporting documents available:
Answers to questions on:
- Framework;
- Requirements for granting Public Utility Status;
- Foreign legal persons;
- Rights and duties inherent in the Public Utility Status;
- Oversight;
- Special schemes.
Please download the document:
Consult (in Portuguese)
Consult
File size
(575.7 KB)
Answers to questions on:
- Granting, renewing, and terminating public utility status;
- Declaration of interest in maintaining public utility status.
Please download the document:
Consult (in Portuguese)
Consult
File size
(556.4 KB)
Consult (in Portuguese)
Consult
File size
(313.7 KB)
Consult (in Portuguese)
Consult
File size
(407.4 KB)
Foundations and Public Utility Website
There is a new website containing a range of services ensured by the Secretariat-General of the Presidency of the Council of Ministers for the foundations, as well as the public utility status.
You can access the new platform via the ePortugal website.
Assistance/Contacts
The SGPCM has a small presentation on the new website for the Foundations and Legal Persons of Public Utility, where the services available are indicated, as well as how to access them. The presentation can be viewed here.
There is also a direct helpline for services for the Foundations, as well as for non-profit legal persons that intend to obtain public utility status.
You can contact this service through the following channels:
- By telephone – Available daily at these times: from 10:30 am to 12:00 pm and from 2:30 pm to 4:30 pm:
(+351) 21 392 77 34 *
(+351) 21 392 77 20 *
* (call to a landline) - By email, for matters pertaining to the Foundations:
- By email, for matters pertaining to Public Utility:
Last update: 12 de December, 2023