To establish a church in Portugal, particularly in Madeira, involves a structured legal process; therefore, understanding the registration process and legal requirements is essential.
1. Understanding the Legal Framework
Religious Freedom in Portugal is protected under the Portuguese Constitution and Law No. 16/2001, of June 22, which governs religious organisations. Churches and religious communities can obtain legal recognition as Religious Collective Persons (Pessoas Coletivas Religiosas, PCR) through the National Registry of Religious Collective Persons (RNPC). For official registration, entities must comply with Decree-Law No. 134/2003 of June 28, which outlines the procedures for acquiring legal status.
2. Key Steps to Form a Church in Portugal
Step 1: Choose a Church Name and Obtain a Certificate of Admissibility
Before registering, you must apply for a Certificate of Admissibility to ensure that the church’s name is unique and legally acceptable. This certificate is issued by the RNPC (Registo Nacional de Pessoas Coletivas) and is valid for a limited time.
Step 2: Draft the Church’s Statutes
The church’s statutes should outline:
- The mission and purpose of the church.
- Organisational structure (e.g., leadership roles, governing bodies).
- Internal rules and decision-making processes.
These statutes must be signed by the church representatives and notarised.
Step 3: Hold a Founding Assembly
A General Assembly Meeting must be conducted, where members formally approve the statutes and appoint church representatives. This meeting must be documented in an official Minutes of Assembly (Ata de Assembleia Geral).
Step 4: Prepare the Required Documentation
To complete the registration, submit the following documents:
- Notarised Copy of the Church’s Statutes – including the founding assembly minutes.
- List of Members Present at the Founding Assembly – with their names and identification details.
- Declaration of Faith – outlining the church’s religious beliefs and principles.
- Description of Religious Practices and Worship Services.
- Proof of Church Activities in Portugal – demonstrating a stable and organised religious presence.
- List of Church Leaders and Their Identification Details (ID & Tax Number – NIF).
- Declaration on Church Assets – stating whether the church owns any property.
- Publication of Statutes in the Official Gazette (Diário da República) (if applicable).
Step 5: Submit the Application and Pay the Registration Fees
The application must be filed using Model 5 of the RNPC Form, with a fee of, currently, €60. An additional €20 fee is required for registration in the Central File of Collective Persons (Ficheiro Central de Pessoas Coletivas, FCPC).
Once submitted, the RNPC reviews the application, and if all documents meet legal requirements, the registration is typically completed within 10 days.
3. Types of Religious Recognition in Portugal
A. Basic Registration as a Religious Collective Person
This is the first step for any church or religious community in Portugal. It grants the church legal status, allowing it to operate freely and conduct religious activities.
B. Becoming a “Radicated” Church in Portugal
Churches that have maintained an organised religious presence in Portugal for at least 30 years (or were established abroad over 60 years ago) can apply for “Radicated” (Radicada no País) status. This status provides additional benefits, such as:
- The ability to conduct legally recognised marriages.
- Religious education rights in public schools.
- Potential partnerships with the government for hospital and prison chaplaincies.
4. Challenges and Considerations for Expats in Madeira
Language and Bureaucracy
Most legal procedures are in Portuguese, so hiring a local lawyer or consultant can help navigate the bureaucracy.
Community Engagement
For a church to be recognised, it must show ongoing religious activities and a stable congregation. Expats should actively engage with the local community.
Financial and Legal Responsibilities
Once registered, the church must comply with Portuguese tax laws and annual reporting requirements to maintain its legal status.
5. Frequently Asked Questions (FAQs)
1. Can foreigners start a church in Portugal?
Yes. Expats can establish a church in Portugal, following the legal registration process.
2. How long does the registration process take?
If all documents are correctly submitted, registration usually takes about 10 days. However, achieving “Radicated” status can take decades.
3. Can a church own property in Portugal?
Yes. Once registered, a church can legally own land and buildings.
4. Is a physical location required to register a church?
While not mandatory for initial registration, having a consistent place of worship strengthens the church’s credibility.
5. Do small religious groups need to register?
Religious groups are not required to register, but doing so grants them legal protections and additional rights.
Conclusion
One can successfully establish a church in Portugal that is a legally recognised religious community by following the steps outlined in this guide and ensuring all necessary documents are submitted, notwithstanding consulting with a Portuguese legal expert to help streamline the process.
The founding of Madeira Corporate Services dates back to 1996. MCS started as a corporate service provider in the Madeira International Business Center and rapidly became a leading management company… Read more
