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ECONOMY/BUSINESS/INVESTMENTS
Angola's many natural
resources make it one of Africa's wealthiest nations.
ECONOMY
Oil: The Engine
of Angola's Economy
Producing
nearly 900,000 barrels a day, Angola is the second
largest oil producer in sub-Saharan Africa. Crude
oil accounts for 90 percent of total exports, more
than 80 percent of government revenues and 42 percent
of the country's GDP. Oil output is expected to reach
one million barrels per day by the year 2004. The
country's known recoverable reserves are currently
estimated to total almost 4 billion barrels, but continuing
exploration finds new reserves at the same rate oil
companies deplete old ones.
Approximately
15 foreign companies, including Chevron-Texaco, Exxon-Mobil,
BP-Amoco and Total have invested more than $8 billion
in Angola. Oil companies are attracted by Angola's
low operating costs, favourable geology and good business
terms. U.S. firms continue to invest more money in
Angola. Chevron, which has been operating in Angola
for over 40 years, announced it had discovered four
new offshore fields with 300 million barrels of recoverable
oil. It plans to invest $2.8 billion between 1994
and 1998 to develop deep-water oil fields off Angola's
coast. Texaco has been in Angola for more than 25
years and will invest $600 million to develop new
fields. Halliburton was recently awarded a $200 million
dollar contract to develop oil well services in Cabinda
province, which will benefit all oil companies operating
there.
Diamonds
Before
1975, Angola was the world's fourth largest producer
of diamonds. Economists estimate that Angola's alluvial
reserves total between 40 and 130 million carats.
In addition, there are untapped diamond reserves in
volcanic pipes called kimberlites. Angola's six known
kimberlite pipes, among the ten largest on earth,
hold an estimated 180 million carats worth several
billion dollars. Currently, official and unofficial
diamond production is estimated to be worth $700 million
per year. Angola recently announced changes to its
production program, which outlines its goal to produce
more than 6 million carats of diamonds annually.
Other
Minerals
With
substantial deposits of gold, iron ore, phosphates,
manganese, copper, lead, quartz, gypsum, marble, black
granite, beryl, zinc and numerous base and strategic
metals, Angola has been described as one of the world's
biggest and least developed mineral treasure troves.
The government has developed a policy framework to
encourage investment in the mining sector. It has
ended the state monopoly on geological studies and
mineral prospecting and will award concessions to
both foreign and national companies for prospecting
as well as production.
Agriculture
Angola was self-sufficient in most food crops and
a major exporter of coffee and sisal at independence.
The potential remains to redevelop the once very prosperous
agricultural sector. The United Nations estimates
the country has from 5 million to 8 million hectares
of prime agricultural land as well as areas suitable
for grazing. The country's different climatic zones
enable farmers to grow a wide variety of crops, including:
cassava, yams, maize, bananas, beans, cotton, manioc,
palm oil, potatoes, sunflowers, citrus and numerous
vegetables.
Prior to war, Angola was the world's 4th largest coffee
producer with outputs totalling 200,000 tons each
year. In 1995-96, Angola more than doubled its coffee
output thus demonstrating that this once rich export
sector is making a recovery. Coffee production during
the 1996-97 seasons is forecasted at 8,000 tons and
is projected to reach 120,000 by 1998-99. Angola recently
submitted a plan to the International Coffee Organization
that would overhaul the sector over the next two years.
Under its privatisation program, the government plans
to liquidate all 33 state-owned coffee companies and
to invite international investors to bid for the largest
plantations.
Timber
Angola
also has considerable timber resources. Valuable tree
species, including rosewood, ebony, and African sandalwood,
as well as mahogany, tola and mulberry can be found
in the northern forests that have been untapped since
independence. Nearly 150,000 hectares of eucalyptus,
cypress and pine plantations are waiting to be rehabilitated.
Fisheries
Angola's
1.600-kilometre coastline offers some of the richest
fishing grounds in Africa. The annual catch once averaged
300,000 tons a year. The government has deregulated
fish prices and, with World Bank assistance, set up
the Angolan Support Fund for Fisheries Development
to support the development of the industry. The U.S.
Trade and Development Agency recently commissioned
a feasibility study on this potentially lucrative
sector.
Electric
Power Generation
Angola
possesses enormous hydroelectric potential because
of the large and powerful rivers that cross the country.
Once completed, the 520-mw Capanda Hydroelectric Dam
on the Kwanza River will double Angola's generating
capacity and provide enough power to meet the country's
needs for the next four decades. Angola currently
generates more electricity than it needs and could
very well be a regional exporter of hydroelectric
energy. Angola is part of an international consortium
to develop power stations along its border with Namibia.
Manufacturing
Before
independence, Angola's manufacturing sector employed
200,000 people and produced $650 million worth of
goods. With the end of the war and an infusion of
capital, technology and training, food processing
and light industry should recover quickly. Angola
previously produced beer, sugar, wheat flour, cooking
oil and soft drinks as well as textiles, soap, paint,
plastic and glues. Heavy industry, including cement
and steel tube production, oil refining, vehicle assembly
and tire production, account for about 15 percent
of the country's manufacturing output.
BUSINESS
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Angola
is, potentially, one of the richest countries in Africa,
due to its oil and other mineral reserves, to its
hydroelectric resources, and to the great extensions
of cultivable terrain, of which only a small part
is being used. Before independence Angola was self-sufficient
in foodstuffs. The country used to export bananas,
coffee and sisal, of which production is now almost
nonexistent. Due to the civil war agricultural production
was drastically reduced. The country has dependent
on international help and on foods imports since the
middle 1980's. Cattle breeding is another important
resource.
Traditionally Angola was self-sufficient in agricultural
products but nowadays it deals a wide range of products
that under the right circumstances it could easily
produce itself. Angola has abundant forest resources,
especially in North Kwanza and Cabinda, with potential
for wood production and transformation. The sea in
Angola is very rich in fishing resources. The mining
sector (petroleum, diamonds and other minerals) reveals
strong growth perspectives that will certainly stimulate
the advent of both upstream and downstream industries.
Areas for the establishment of industrial and agro-industrial
development poles are identified in Luanda, Benguela,
Huíla, Cabinda and Huambo. The Republic of
Angola has a managerial class owner of a considerable
patrimony, in sub-use conditions, in need of partnerships,
especially the ones with easily assimilated technology.
There is a significant public managerial sector in
the bank branches, transportation, energy and water
that might be privatised.
The year 2002 opened new perspectives, since a political-military
stability has been registered, the macroeconomic atmosphere
has become stable and re-configured with the liberalization
of the trade of exchange value, the application of
the new customs list, the reduction of airport fees,
the beginning of the rehabilitation of the productive
and social infrastructures program, among others.
The following programs were also planned for the year
2003: the replacement and consolidation of the administration
of the State, the continuation of humanitarian assistance
to the population, the continuity of the application
of measures according to the state of the market,
previously adjusted with the International Monetary
Fund and World Bank, the start of the Integrated Program
of Productive Re-launch, in order to consolidate the
macroeconomic stability of the country, reduce the
population's difficulties and decrease significantly
the unemployment indexes.
Angola was identified in 1999 as the first recipient
country of direct foreign investment, according to
UNCTAD-"WORLD INVESTMENT REPORT", unfortunately
mostly in the oil sector.
The main goals of the government
policy are:
1. The core key
lines for commerce and investment areas aimed at building
a favorable environment promoting the following priority
actions.
a) Re-establishment
of the macroeconomics goals
b) Creation of
a legal framework consistent with the market economy
system
c) Institutional
reform and conclusion of the State property restructuration
and privatization process
d) Credit
and financial system reforms
e) Investment incentives
2. A greater interdependence
between the productive sectors, namely agriculture
, livestock, fisheries and manufacturing in order
to secure the increase of the net value added as well
as the promotion and diversification of exports.
Advantages
of Investing in Angola:
· A multiparty system
· A strong compromise in the application of
economic and political reforms, towards a market economy
· Respect for private property and constitutional
guarantees to the investor
· Economic legislation that is increasingly
flexible
· Entering into force a "ONE STOP SHOP"
· Abundance of cheap workforce and skilled
labor force
· Banking and financial institutions and independent
institutes that support business activity
· Availability of raw materials, energy resources,
traditional and alternatives, such as natural gas
· Several business associations
· Strategic placement of external markets,
particularly in the austral region
· A population that is young, dynamic, endeavoring
and knowledge seeking
Area of Priority for Foreign
Investment:
Foreign Investment should, as a priority is channeled
towards the promotion of exports and import substitution,
in particular in the following areas:
a) Reconstruction
of the infrastructure
b) Agricultural,
livestock production and food industry
c) Mining sector
d) Fishing and
fish processing industry
e) Light industry,
especially the production of goods widely consumed,
in particular for agriculture support
f) Building materials
industry, allowing the construction of houses of social
type aiming at improving the standard of living of
the population
g) Communications
h) Transportation
At the moment, we are looking for investors for the
Benguela railway, as well as, for the Kassinga iron-mining
project among others.
Incentives for Investment:
The government has been seeking to adjust incentives,
in force since pre-independence, as well as creating
other incentives to make Angola a more competitive
country. By law all kinds of raw materials, equipment
and spare parts purchased and destined for the productive
sector, such a manufacturing are exempt from duties/taxes.
Some of the following types of incentives are used:
1) Financial incentives:
concession of warranties, credit to the small and
medium size companies
2) Substructure
incentives: Set up of companies
3) Fiscal incentives
4) Customs incentives
5) Exporting incentives
6) Labor force
incentive
In addition to these incentives, prices control systems
are gradually being taken out of government control.
Guarantees to Investors:
Businesses constituted under the foreign investment
regime have, for legal purposes, the standing of businesses
under Angolan law. Therefore, common national laws
are applicable to them.
The guarantees are:
1) Transfer of
dividends
2) Indemnification
right
3) Internal and
external credit
Investment Opportunities:
Prior to the period of independence, with a total
population not exceeding 10 million, the Angolan manufacturing
sector featured 4, 000 manufacturing companies. Before
and during the sixties up until 1974, the rapid development
led to an average annual GDP increase in order of
7% in real terms. At current prices the average annual
GDP growth was around 15%. In the year 2002 the US
direct investment in Angola in the non-oil sector
was in the sum of $240 million. This is a great improvement
compared to 1990-2001 which was a mere $75,000. This
is a great improvement and shows the confidence the
US investors are beginning to have on the Angolan
economy.
Agribusiness
Angola is potentially one of Africa's breadbaskets.
Once one of the world's largest Coffee producer, Angola
needs to revitalize its' agriculture sector. The country
is blessed with large expanse of land and diverse
ecological zones, deep-water ports, and a transportation
infrastructure that can be re-constructed in the near
term. ANIP has targeted opportunities in this sector
including:
· Traditional crops; cassava, beans, corn,
sugarcane, tobacco, fruits;
· Animal husbandry, poultry farms, Corn, wheat
and sugar mills, food processing, marketing, and expertise;
· Infrastructure, irrigation, water management,
engineering, mechanization;
· Fishing industry, processing, vessels, dry
dock, and cold-chain development.
· Cotton farming for the textile industry
a) Transportation sector:
The finished war caused severe deterioration of the
existing road, ports, and rail and airport facilities
that all must be repaired or renovated. This is an
opportunity for investors including:
· Road building, maintenance equipment and
engineering, quarrying and bitumen extraction;
· Truck , Bus and car assembly . Machine shops
and truck repair facilities;
· Vessel building facilities for fiberglass,
wood or metal fishing and inter-costals shipping industry,
dry dock, and shipyard services to fishing, oil field
services and freighters.
b) Housing & Water:
Twenty years of war has caused massive internal movement
of people into internal refugees. Resettlement of
millions of Angolans to their ancestral home territory
needs to be accomplished to ensure distribution of
workers throughout the Country as well as relieving
the over-crowding of Luanda. Low-cost housing using
innovative building materials along with the development
of a mortgage banking system in Angola is necessary,
to encourage home ownership and provide capital liquidity
features to an individual's mortgage. The housing
situation calls for immediate attention, quick construction
and transfer of technology.
Potable water is critical especially as the internal
refugee movement to the countryside or small towns
evolves. Again, new technology that is available,
low-cost and sized for smaller communities is the
answer to clean water for these communities. Larger
urban water systems must also be considered as a remedy
for the larger cities of Angola.
c) Tourism:
d) Communication:
All forms of telecommunications need to be expanded
and made more egalitarian so that the greatest number
of Angolans employs the usage of these technologies.
Besides cellular phones, landlines, Internet, and
other voice communication, data transmission and other
technologies that track, monitor and complement infrastructure
and productive sectors with low cost alternatives
are essential
e) Energy:
Internal consumption of energy must increase dramatically
throughout Angola. This provides opportunity for electric
generation and distribution, gasoline for cars and
trucks, and alternative energy resource development.
The oil sector is continuing to show that it is the
premier industry in Angola. It is Government's intent
to provide opportunity for Angolans to partner with
foreign firms in this industry. Many possibilities
are apparent in this sector including, oil field services,
marine package services, maintenance, bunkering, fire
fighting school.
f) Education:
Angola views its future through its' young people.
Hence, education is a priority to develop the nation.
Technical skills, business skills, and maintenance
of cultural identity are important to the very well
being of the nation.
· English language schools and curriculums
throughout the nation that emphasizes English.
· Technical training academies, apprenticeship,
and the development of standards and degrees in all
technical disciplines, as well as construction of
High Schools and Colleges.
g) Banking:
h) Mining:
Angola's mineral wealth includes diamonds, iron, ore,
phosphates, copper, feldspar, marble, granite, gold,
bauxite, and uranium. The mining society of Angola
is trying to mobilize $1.4 billion to revive the Cassinga
project to exploit gold and other minerals in a 2,681
sq. km. area in southern Angola. Cassinga could produce
10 million tons of minerals worth $320 Million per
year.
INVESTMENTS
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THE NATIONAL AGENCY FOR
FOREIGN INVESTMENT
Objectives and
main activities:
Law No. 15/94, of 23 and September 1994, changed
the regulating legislation of foreign investment,
brought a greater importance to the promotional activity
of the foreign investment policy, without disregarding,
however, the licensing flow of the present economic
situation of Angola.
In this context, the Government considered establishing
a personalized public service, to be the privileged
intermediary of the foreign investor, to mediate with
other departments and public services, and to strengthen
the negotiating capacity of the nation.
In keeping with institutional policies included in
the social and economic programme, the Government
decided to change the denomination of the then Foreign
Investment Office to the of the Foreign Investment
Institute.
Role of the National Agency
for Foreign Investment:
· To promote the Government's policy of foreign
investment, and agreements for technology imports,
and to perform any activities that are assigned of
them by the Government in this matter
· To coordinate, guide and supervise foreign
investment in Angola
· To support the execution of contracts or
agreements of technology imports
· To promote the participation of the country
in international organizations at meetings about foreign
investment and technology transfer issues
· To undertake, either in Angola or abroad,
promotional actions to attract foreign investments
that are most beneficial to the country's economy
· To analyse foreign investment proposals and/or
technology import agreements, and to grant the necessary
legal authorizations
· To intervene in evaluating, negotiating and
following up phases of the foreign investment agreements
· To advise and guide investors in the installation
phase, particularly when in contact with other local
entities
· To keep a register of national companies
with foreign capital, foreign investment operations,
and of the capital operations of foreigners in national
companies
· To organize, and keep updated, all statistic
data and other relevant information about foreign
investment and technology agreements
· To give ideas on the adoption of legislative
measures, both economic and administrative, or about
international agreements in which Angola takes part,
and those that are necessary or convenient to the
active promotions and the selective attraction of
foreign investments in Angola
· To perform all other activities law or Government
orientation includes those.
Legal
framework for foreign investment
The
Government established a legal regime for foreign
investment in Law No. 15/94 of 23 September 1994,
which has since been improved. It reflects the recognition
of foreign investment as a factor in achieving political-economic
development objectives and above all, is intended
to make Angola a centre for investment in the competitive
market within the southern African region. Broadening
the framework for incentives, simplifying, speeding
up and de-bureaucratising the administrative process
for authorization will achieve it.
The Law permits the realization of investments on
the part of suitably recognized foreign entities with
a technical and financial capacity without discrimination
of any kind, as long as the project is compatible
with the pursuit of economic development for the country
and all for the well being for the population.
Investment to be made, in activities related to petroleum
research and exploration, diamonds, and financial
institutions are subject to specific legislation which
may be applicable to some of those activities on a
basis subsidiary to the investment law.
Types of foreign investment
The following acts and contracts, among
others, constitute foreign investment activities,
even if not directly associated with capital importing
operations:
· Establishing and expanding of branches or
other forms of corporate representation of foreign
firms, creating new companies belonging exclusively
to the investor.
· Participation or acquisition of interest
in the equity of companies or grouping of businesses
(new or existing), whatever forms this may take.
· Signing or altering of contracts for consortiums
or third party associations.
· Taking total or partial control of commercial
or industrial establishments through the acquisition
of shares or through concession contracts for operations.
· Acquisition of property located in Angola
when such property is part of foreign investment project.
· Operation of building and tourist complexes.
Investment operation less than U$D 250,000 are not
considered foreign investment operations and do not
enjoy the status and protection of this regime. These
operations are in effect subject to commercial and
exchange legislation.
Ways of investing
Foreign investment in Angola can be undertaken
singularly or cumulatively in the following ways:
· Transfer of funds outside Angola.
· Use of funds foreign currency Angolan bank
accounts held by non-residents.
· Use of credits and other assets held by the
investor, which are eligible for transfer to the exterior
under the terms of exchange regulations.
· Importation of equipment, accessories, and
materials.
· Incorporation of technology.
Procedure
for investing
Foreign
investment projects may be undertaken by adopting
one of the following regimes:
Prior
declaration regime: Investments between U$D 250,000
and U$D 5000,000 are subject to this regime. The foreign
investment institute (FII), after evaluation by a
consultative with responsibility for activities covering
investment questions, will issue a statement-certifying
acceptance of the proposal. The action permits the
applicant to undertake the investment within the precise
terms of the proposal submitted. FII has 45 days to
approve the investment, after which date the project
may be consider approved.
Prior approval regime: This regime encompasses investments
between U$D 5-50 million. After evaluation of the
proposal by the FII, and obtaining an opinion from
the Evaluation Commission (consultative body) the
proposal will be submitted to the Prime Minister for
a decision. The Prime Minister may authorize projects
up to U$D 15 million. The Council of Ministers must
approve all others.
Contractual regime: Investments subject to this regime
include those equal to or greater than U$D 50 million.
Also included are those investments, regardless of
value, that involve areas of economic activity whose
operation and management can only be carried out legally
via concession or are considered to be of special
interest to the national economy, either because of
structural purposes or because of the contribution
to the development and internationalisation of the
Angolan economy. This procedural regime is complemented
by the Sectorial Delimitation Law No. 13/94 of September
1994.
Public
sector areas
Areas
reserved for the public sector
· Production, distribution, and commercialisation
of war material
· Banking activities involving central bank
and issuing bank functions
· Administration of ports and airports.
Telecommunications infrastructure related to the basic
national network and fundamental services.
Advantage of investing in
Angola
Angola offers several benefits to the investor:
· A multiparty system.
· A strong compromise in the application of
economic and political reforms, with the tendency
for a market economy.
· Respect for private property, and constitutional
guarantees to the investor.
· Economic legislation that is increasingly
flexible.
· Abundance of cheap workforce and skilled
young people.
· Baking and financial institutions, and independent
institutes that support business activity.
· Availability of raw materials and energy
resources, traditional and alternative, such as natural
gas.
· Several business associations.
· Strategic placement of external markets,
particularly in the Austral region.
· A population that is young, dynamic, endeavouring
and knowledge seeking.
Incentives
for investment
The
government has been seeking to adjust incentives,
in force since the colonial period, as well as creating
other incentives to make Angola a more competitive
country.
Fiscal
incentives
· Tax exemption from profits, within a 5 to
10 years period, to new investments directed to the
interior of the country and areas declared as development
centres
· Tax exemption from dividends, within a 5
to 10 years period, for new investments directed to
the interior of the country and areas declared as
attractive centres or of priority for any other reason
· Industrial contribution or tax exemption
owed to the State, for the acquisition of land destined
to industry
· Industrial contribution exemption within
a period of up to 2 years, for those investments that
use national input of no less than 60%
Customs
incentives
· Exemption or reduction, of up to 50%, of
taxes owed to the importing of equipment goods and
to raw materials within a regime of automatic lists
· Total exemption of products in the automatic
lists, as long as the investments go to the priority
centre zones of development, or for a period 3 years
for the interior zones of the country
Exporting
incentives
· Exemption from custom taxes for certain exported
products, within a regime of automatic
· Reduction in the industrial contribution,
calculated according to the share in the profit applicable
to the exploiting activity for companies exporting
more than 59% of their production, valued or factor
costs
Guarantees to investors
Businesses constituted under the foreign investment
regime have, for legal purposes, the standing of businesses
under Angolan Law. Therefore, common national laws
are applicable to them.
Transfer of dividends: After finalizing the capital
transaction, the State guarantees the annual transfer
abroad of dividends and profits, in accordance with
the generally accepted accounting criteria contained
in the business plan. This may take place after deducting
legal reserves and withholdings and payment of taxes
owed, bearing in mind the magnitude of the investment
of the non-resident entities and any relevant existing
contractual limitations.
The annual repatriation of dividends and profits may,
in exceptional cases, be rescheduled under regulating
conditions set by the Ministry of Finance if the quantity
might be capable of significantly aggravating difficulties
related to the balance of payments.
Indemnifications right: The right of fair, rapid,
and effective indemnification is foreseen in the case
of expropriation or nationalization of assets of the
foreign investments undertaken for reasons of great
public interest. The sum would be determined in accordance
with common rules and practices of international law.
Internal and external credit: The foreign promoter
has the right to seek internal and external credit
for the financing of his investments. The conditions
for recourse to external credit, however, depend upon
licensing and authorization of the Ministry of Finance
and the Central Bank. Concerning internal credit,
the above authorization is dispensed with requiring
only the fulfilment of relevant regulation in effect.
Additional benefits are awarded to investors who develop
relevant activities of a social character or promote
training programmes for local labour.
Investment
procedures
Submission
of proposals
Investment
proposal (prepared on a form for the purpose) should
be submitted to the Foreign Investment Institute in
duplicate in cases of investments subject to prior
approval or contractual regime. They must be accompanied
by the following documentation:
· A power of attorney signature conveying authority
for the submission of a proposal when the signatory
is not the actual applicant.
· Authenticated copies of legal indentation
and residency documents for the applicant, in the
case of individual persons.
· Documentation proving the legal existence
of applicants, in the case of collective parties.
In
the case of corporations
· Draft statues of the future company.
· Certification of corporate category issued
by a competent body within the last 30 days.
· Draft contract or association contract.
In
the case of acquisition of interest in an existing
company
· Authenticated copies of the statutes and
the commercial registry of the company involved, minutes
of the company's corporate body approving the participation
and the last audit recognized by the Ministry of Finance.
In
the case of supplementary loans of capital, advances
and member loans
· A copy of the draft contract may also be
request when the activity involves the signing or
altering of contracts of a consortium or a corporation,
the acquisition of shares or the signing of operating
concessions, lease contracts or any agreement implying
the exercise of ownership and operation on the part
of the investor, or the acquisition of property. In
the last situation a certificate of building registration
issued within the last 30 days is necessary.
When
participation by national investors is involved, the
proposal should be accompanied by authenticated copies
of legal identification and residency documents, in
the case of individual persons, or authenticated copies
of legal documents pertaining to the formation and
commercial registry, in the case of collective parties.
Registration
of the investment
Upon
settlement of capital transactions and if applicable,
upon award of deeds and corresponding commercial registrations
(establishment or alteration of corporation), the
investment must be registered with the Foreign Investment
Institute and the National Institute of Statistics
within a period of 120 days.
Types of partnership
The
Angolan legislation includes the following types of
associations and partnerships:
Sociedades
comerciais (commercial associations): The Commercial
Act of 1888 establishes commercial associations (in
collective name, anonymous, coma dative or cooperative).
The
law of partnership by quota from 11 April 1901 creates
the association by quota, and Law No. 9/91 of April
20 changes the number of partners to the constitution
of an anonymous partnership.
All
social agreement must be include the names of firms
and the addresses of partner; the firm, headquarters,
establishments and branches of the partnership; the
object of the partnership.
Sociedades
em nome colectivo (group partnerships): In this kind
of social, the responsibility of the partners is of
a joint and unlimited character. Apart from the issue
common to all partnerships, the constitutive title
must contain: the amount of capital of each partner
in cash, credit or other assets; the proportion at
which wins and losses must be shared.
Sociedades
anónimas (anonymous partnerships) The capital
of anonymous partnerships is collected in cash or
in assets that are represented and shared in actions.
Subscription can be public or private. The main prerequisites
are: a minimum of five partners, or in case the number
is reduced to two; integral subscription of the social
capital; the subscribers must pay 10% of the capital
subscribed by them, in cash; to adopt a social denomination
that is not identical to that of any other. These
partnerships have a General Assembly, an administrative
Council and a Supervising Counsel, organs through
which it performs its activities.
Sociedades em comandita (partnerships in "comandita"):
These are partnerships of mixed responsibility: joint
and unlimited as to the joint partners, and limited
and non-cooperative for the "comandita"
partners. They can exist in two frameworks, either
in comandita in the form of shares, or in simple comandita,
depending on the way that the capital is represented.
Sociedade por quotas (partnerships through quota):
The minimum number of partners is two, and its social
capital is divided in quotas. For its constitution,
each partner must pay 50% of the profits to be made
either in cash or other assets. The titles must contain,
apart from the other requisites, the quota of capital
of each partner in cash, credit or other assets, as
well as the payment periods.
This
type of partnerships also includes a General Assembly,
an Administration Council and a Fiscal Council.
Sociedade cooperativas (cooperative partnerships):
These partnerships can adopts any of the previous
forms, with the responsibility of partners changing
according to the adopted type. Depending on the pursued
means, the activities of such partnerships can be
about consuming goods, construction, production and
credit. Their main attribute is the variability of
the social capital, and the unlimited number of partners,
although a minimum of ten members is required.
Dissolução das sociedades (dissolving
partnerships) the common causes for dissolving partnerships
can be, among others: the extinction by surrender
of the partnership object; bankruptcy of the partnership;
by the agreement of the parties; the fusion with other
partnerships.
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