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Notes on disqualifications from the exercise of trade: old tradition and recent developments

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Notes on disqualifications from the exercise of trade: old tradition and recent developments

“In the last month of 2023, something new appeared in the national legal system regarding disqualifications from the exercise of trade: the creation, by Decree-Law no. 114-C/2023, of 5 December, of the database of disqualifications and dismissals (BDID).

The legislative occasion is linked to the approval of Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019, which, amends Directive (EU) 2017/1132 concerning the use of digital tools and procedures in the field of company law, introduced rules on the disqualification of directors within the meaning of Directive (EU) 2017/1132.

Decree-Law 114-C/2023 transposes into national law the rule in Article 13-I of Directive (EU) 2017/1132, which was added to it by Directive (EU) 2019/1151;” (…)*

Legal article by João Espírito Santo

*Legal article published in the Commercial Law Magazine on 7th January 2024, available HERE

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