News Details

Public benefit status - NGOPD - Associations of persons with disabilities

Updated : 16/06/2021

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It was published on Official Gazette, on June 14, the Framework Law of Public Utility (Law 36/2021), which generally enters into force on 1 July 2021.

According to this Law, legal persons who have already been granted the status of public utility (as is the case with non-governmental organizations of persons with disabilities registered with the INR, I.P.), if they have an interest in its maintenance, must communicate this interest to the General Secretariat of the Presidency of the Council of Ministers.

Such communication shall comply with the timetable set out in Article 3 of the Act and shall be made through the portal ePortugal.gov.pton pain of forfeiture of that status.

The public benefit status of organisations making such a communication shall be granted for a period of ten years from the date of such communication.

In the case of NGOPD already registered with INR, I.P. (as with the other entities listed in Annex I to the Act), the public benefit status recognised by this new Act is a full legal status, meaning that they are covered by the rights, benefits and duties contained in Chapter III of the Act and subject to the monitoring and sanctioning regime provided for in that Act.

As for associations of persons with disabilities not registered with the INR, I.P. (provided for in Annex III, among other entities), these associations are granted a partial status of public utility, which allows them to enjoy the rights and benefits provided for in Article 11 of the Law, although they do not have the right to use the term ‘legal person of public utility’ or ‘EUP’.

In the case of new organisations of persons with disabilities wishing to obtain the status of public utility, registration with the INR, I.P. no longer confers the right to that status, and the administrative procedure provided for in Article 17 of this new Framework Law must be followed. However, registration with the INR, I.P. remains indispensable for access to financial support for operations and projects by the INR, I.P.