WHAT PROPERTY SYSTEMS EXIST?
Two Membership system.
- DRHP ( Real Right of Periodical Habitation );
- ORIS - the Club Alternative Membership System.
WHAT IS DRHP?
The system of Real Rights (DRHP) is regulated in Portugal and is a very complex system.
Even though the DRHP is a Real Right it carries no entitlement to the Real Estate Holder at the Club but only the right of occupation of the week (s).
In the DRHP System any transaction or any act related to a week (s) should be inscribed on the title and duly registered, after the signatures have been recognized by a lawyer or a notary.
This system is very bureaucratic and takes a lot of time and expense and whenever it is necessary to transfer this process to be completed each time.
WHAT IS ORIS?
This is a much more flexible system and offers the possibility to exchange and sell weeks without the current bureaucracy and with reduced costs.
Most importantly, Member's rights in relation to their occupancy remain guaranteed by using the alternative internal system, ORIS, with the ultimate guarantee being that the Members collectively own QDLCCL and QPS and therefore control its administration through the Directors they appoint annually.
WHAT ARE THE ADVANTAGES OF THE ORIS SYSTEM?
The alternative Occupancy Rights (internal system), ORIS, has many advantages, not only for Members of owners, but also the owners of the Club. This system is much more flexible and offers the possibility to exchange and sell weeks without the current bureaucracy and with reduced costs.
In ORIS the transfer of Titles will be easier by avoiding the heavy bureaucratic process and costs incurred under the current system. This is especially relevant to transfers to the death of a Member when, unlike the present system, a transfer is effected by nominating an heir to succeed to the weeks owned, without having to provide all the documentation, and incurring the costs.
All transfers, including upon the death of a Member, which result in the inheritance by the heir, will be made in accordance with the ORIS rules.
DO I HAVE THE SAME RIGHTS IN THE ORIS SYSTEM?
Yes, you have. The transfer of Titles is achieved by QPS signing a swap contract with the Member which confers the right of occupancy to his / her week (s) and continued Club Membership. Most importantly, Member's rights in relation to their occupancy remain guaranteed by using the alternative internal system, ORIS, with the ultimate guarantee being that the Members collectively own QDLCCL and QPS and therefore control its administration through the Directors they appoint annually.
WHO IS ELIGIBLE TO ORIS?
Members you are eligible except:
- Under Heritage process;
- One or more Holders is not alive and in the heritage process has been completed in Portugal;
- Management fees unpaid;
- Membership suspended;
HOW IS THE PROCESS OF TRANSFERRING DRHP TO ORIS?
- DRHP Titles will be swapped by a contract with QPS, SA
- Title deposited with QPS, SA
- QPS, SA Guarantees the same rights as QDLCC, Ltd.
- Weeks transferred to QPS, SA
- QDLCC Certificate will remain the same
- ORIS rights have the same duration as the DRHP Title
- No tax liability in residence country
- Original cost value of week (s) remain the same
WHAT DOCUMENTS DO I NEED?
- Original Title Deed (s)
- Membership Certificate (s)
- Copies of passport (s)
- Portuguese tax number (letter with authorization)
- Power of Attorney
- Letter of request to change to ORIS
WHAT ARE THE COSTS?
Registration Fees (€ 250 per week)
Lawyers' fees to certify signatures (€ 25 per signature)
Stamp Duty (0.8% of the original purchase price of the week)
Administrative Fees (€ 100 per process)
HOW TO TRANSFER THE OCCUPANCY RIGHTS FOLLOWING THE DEATH OF A MEMBER?
The transfer will be effected through the cancellation of the title in the name of the deceased, and the issue of a new certificate in the name of the new member or co-member if the occupancy right will be shared by more than one person.
The form of nomination should be completed by the Personal Representative and sent to the Club together with the Club Certificate, a certified copy of the will and Grant of Probate (for UK Members) or any other document which proves the powers of the representative, legitimacy to indicate the new Member and proof that the nominated new member is a beneficiary or heir.
WHAT DO I HAVE TO TRANSFER TO ORIS?
The first step is contact the Club - Ângela Sousa - Tel. 0351 289 352 364 email: firstname.lastname@example.org