VADIVM.

Type of refusal

Frozen funds with a counterparty in Portugal

When funds are frozen with a Portuguese counterparty, the party actually holding the money is usually a licensed or unlicensed platform entity, not the individual who onboarded you. What can be established immediately is the entity's legal form, its registry status, and where a future judgment would have to travel. The procedure for placing a claim in Portugal is determined case by case and is not set out here. Related cases are indexed under the frozen funds overview.

Who is actually on the other side

The entity you are dealing with in Portugal is rarely the person who sold you the investment. It may be a payment institution, a fund manager, or an unregulated intermediary registered as an ordinary limited company. The Portuguese registry entry shows the entity's legal form, its registered address, and whether it holds any regulatory authorisation. That is the starting point for establishing who can actually be pursued and where. A freeze is sometimes justified by reference to an open criminal file rather than a civil dispute between you and the platform. Whether that reference is genuine or a delaying tactic is a separate question, addressed in this note on frozen crypto accounts and criminal claims.

What to secure before the counterparty reacts

Before the counterparty adjusts its position, gather everything that fixes the state of the account at the time of the freeze: balance statements, the terms in force when you invested, and any written reason given for withholding the funds. Platforms sometimes amend their terms of service after a dispute starts. A dated copy of the version you actually accepted matters, and this pattern is discussed in this piece on the changed-terms defence. Keep correspondence in its original format, not a summary. If the asset sits inside a platform structure rather than a bank account, the relevant considerations are set out under platform and frozen account matters.

Where a judgment would have to be enforced

Portugal is an EU member state, so a judgment from another EU court can generally be recognised without a separate exequatur procedure [N143]. Where an arbitral award is involved, the Hague 2019 Convention now applies as well, since the EU's accession took effect for Portugal on 01.09.2023 [N153]. Foreign documents used in Portugal generally require an apostille under the 1961 Convention, in force since 4 February 1969, though Portugal has filed a reservation affecting one category of authority [N408]. Which authority would handle enforcement depends on the applicable procedural rules and is not named here. How enforcement into Portugal works, and how a Portuguese outcome travels on to the UK, are covered under enforcement into Portugal and enforcement from Portugal to the UK. This firm does not work on a success-fee-only basis, and its registration can be checked using this guide to verifying a law firm.

Layla Nasr