We have a cross-functional and interdisciplinary team, composed by lawyers from different departments of Morais Leitão, with consistent and differentiated experience in fit and proper processes in their several dimensions (integrity, qualification, independence, and availability), as well as in their different procedural and process-related aspects.

The lawyers from the fit and proper team work closely with all the relevant sectors (banking and finance, insurance, investment funds, and auditing) and before all the competent regulators (European Central Bank, Bank of Portugal, CMVM, and ASF). Our lawyers advice regulated entities (currently active or seeking to initiate operations in regulated markets) as well as individuals, including senior executives or key personnel, such as members of the management and supervisory bodies, and senior management responsible in some way for being subject to or involved in processes of this nature, which also apply to the qualifying shareholders of those entities.

Individual and institutional confidence.
Firm for tomorrow.

Institutional confidence.

Institutional confidence.

Morais Leitão’s legal support encompasses all perspectives and stages of fit and proper processes, whether in the prior aspect of authorization and initial registration of entities or candidates for positions in governing bodies, in the renewal of mandates, in the reassessment, or in litigation-related matters, particularly when linked with regulatory offences proceedings before the regulator and/or the courts, where the team represents some of the most prominent national institutions and their executives.

Our team also regularly provides advice to clients from various regulated sectors regarding their internal processes – initial, subsequent, or supervenient assessments –, including preventive assessment and screening of legal or regulatory risks.

For each specific fit and proper matter and process, lawyers from the team and associated departments (banking and finance, M&A, corporate, capital markets, criminal, regulatory offenses, compliance, administrative and public law, among others) are assigned based on the sector and regulatory scope to ensure the best and most efficient response to the client’s needs.

In parallel, within the scope of its ongoing monitoring of institutions subject to fit and proper processes at different stages, our team continuously monitors the advent of new regulatory requirements – both in terms of hard and soft law – as well as the development of new standards and market practices at the national and the international fields. This involves promoting direct communication and sharing of updated information and relevant materials to our clients in this regard.