As of 1 August 2016, the Slovak Republic instituted the
mandatory use of electronic mailboxes (accounts) (hereinafter the
"emails") for legal entities. The obligation was
introduced by Act No. 305/2013 Coll., on e-Government as amended
(hereinafter the "Act on e-Government"), whereby the
respective state authority was obliged to activate the emails by 1
Even if the office of the Deputy Prime Minister for Investments
and Informatization issued the instruction concerning the
activation process providing some temporary comfort (hereinafter
the "Instruction"), there would be no legal force in the
Instruction and it would not have to be followed by the respective
authorities. Therefore, it is highly recommended that the
activation be initiated as soon as possible as clarified below.
The general aim of mandatory emails is to replace traditional
written communication with public authorities and stands as an
alternative to the filings being delivered in paper form. It also
facilitates the official delivery of documents of any kind to/from
public authorities, substituting postal delivery. On the one hand,
this form can speed up communication (and ideally, later, one
application could initiate/replace an administrative process that
formerly involved several authorities). On the other hand, the
entity is obliged regularly and conscientiously to check its emails
in order not to miss any deadline.
The email is established by virtue of law and is free of charge.
The email is mandatorily established and activated for all legal
entities (including the branch offices of foreign entities)
registered in the Commercial Register of the Slovak Republic.
Natural persons (even if entrepreneurs) may activate the emails
According to the Instruction, during the transitional period
between 1 August 2016 and 1 January 2017, public authorities may
deliver documentation electronically to the emails solely after the
time of first access to the email by the person entitled thereto on
behalf of the entity. However, this additional transitional period
is not envisaged in law and therefore, delivery (even to the
inactivated email) could be deemed legally effective.
Access to the emails is automatically enabled for the statutory
bodies of the legal entity. Certain open issues are still pending
in this respect, e.g. how it will be set up if two persons are
obliged to act jointly on behalf of the legal entity or if the
legal entity is represented by a third person (e.g. trustee in case
of the bankruptcy proceeding) etc.
At the moment, the emails can be accessed only by Slovak
citizens holding a personal identification card (ID) with an
electronic chip and a personal security code (the so called BOK
In case of foreign nationals (acting as statutory bodies for
legal entities), the emails can be accessed by any holder of a
residence card with an electronic chip and the BOK code. Any other
foreign nationals are forced to authorise a third person, as the
accessibility of emails is connected only with the possession of an
ID or a residence card and the chip and the BOK code; in this case
the written authorisation (there is a special form for this) must
be filed with the Government Office of the Slovak Republic. It is
expected that the alternative authenticator will exist in future
for foreign nationals, but no laws have been adopted in this
respect so far.
Do I have to use my email?
The Act on e-Government neither imposes an obligation on any
subject to use its email, nor provides any specific sanctions.
However, if a public authority delivers its official decision via
email and the delivery is not subject to any active action (e.g.
confirmation of reception), the delivery will be considered
effective regardless of whether the entity was aware of the
delivery or not – missing an important deadline shall be a
punishment as such for not using the email. It is also recommended
that the certified signature together with the BOK code be
obtained, as it is also free of charge and can take the place of
the filings when the "real" signature is otherwise
How does it work?
The email can be accessed on www.slovensko.sk. Apart from the ID
or the residence card, a mechanical card reader (obtained from the
police free of charge) and the
appropriate software (easily downloadable for free on www.slovensko.sk/sk/nastiahnutie) are necessary
to log in successfully.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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