PORTUGAL Law and Practice Contributed by: Miguel Santos Almeida, Maria Novo Baptista and João Saúde, Sérvulo & Associados
• take the measures necessary to ensure the safety of the sports venue and the adjacent space (safety rings); • apply sanctioning measures to associates involved in public order disturbances, preventing their access or requiring their expulsion from the sports venue; • designate a security manager and a supporter liaison officer; and • ensure the presence of a security manager and private security personnel at qualified high-risk sports events. It is an administrative offence if the promoter fails to comply with its obligations; the promoter may incur a fine of up to EUR200,000, with an ancillary penalty requiring sporting events to be held behind closed doors or a ban imposed with special conditions of access and restrictions on supporters of the relevant sports venue for up to 12 fixtures. In addition, the administrative procedure may be initi - ated ex officio by the competent authority, the Author - ity for the Prevention and Combating of Violence in Sport. Liability cannot be excluded. Athletes may be liable to spectators for ay negligent or intentional conduct. Law No 39/2009 imposes obligations of co-operation on the spectator with regard to the safety conditions of the sports venue and sports event – namely obliga - tions to: • not enter the stadium if they are under the influ - ence of drugs or have a blood alcohol level higher than 1.2g/l; • not carry objects that may generate acts of vio - lence; • not display racist or xenophobic messages nor to chant content of this kind; • not throw objects; and • comply with the regulations adopted by the organ - iser and the promoter.
If the spectators fail to comply with their obligations, this is an administrative offence punishable with a fine of up to EUR10,000, with an ancillary penalty of restricted access to sports venues. Law No 39/2009 also provides for a criminal regime applicable to spectators, penalising: • damage to facilities, equipment or any other assets; • participation in riots during travel to or from sports events; • throwing of liquid products; • invasion of sports event areas; and • rioting. According to Law No 5/2007 of January 16th (the Basic Law of Physical Activity and Sports), Portu - guese sports clubs are constituted as non-profit pri - vate associations with the purpose of directly promot - ing and practising sports. Sports clubs that intend to participate in professional sports competitions must incorporate sports compa - nies, which are currently governed by Law No 39/2023 of August 4th. 4. Corporate Structures 4.1 Legal Forms of Sporting Bodies Sports companies may adopt the legal form of pub - lic limited sports companies (SAD), single-member private limited liability companies (SDUQ) and sports private limited company (SDQ). They are subject to the general rules applicable to these types of companies established by the Portuguese Companies Code and to the specific rules set out in Law No 39/2023. Sports companies choose a specific corporate struc - ture based on their objectives, regulatory obligations, financial strategy and level of professionalisation. SADs are typically chosen by clubs seeking access to capital markets, external investment and broader financing options, given their share capital structure and enhanced governance requirements. SDUQs allow clubs to retain full control over the professional activity while benefiting from the limited liability and
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