The Slovak Act on Public Procurement no. 343/2015 Coll. as
amended was recently changed by the Act no. 315/2016
("Act on Register for Partners of the Public
Sector", the "Act"). Accordingly, a new
register for partners of the public sector
("Register") will be established by the
Slovak Ministry of Justice until 1 February 2017.
The new Register shall replace the current register of ultimate
beneficial owners managed by the Office for Public Procurement
New register for partners of the public sector
The new Act aims to increase the transparency level in the use
of public funds.
Pursuant to the Act, "partners of the public
sector" shall be registered in the new Register. The
registration entails the disclosure of the ultimate beneficial
owners ("UBO") of the partner of the
Application to be filed by the "authorized person"
Partners of the public sector may only file an application for
an entry in the new Register via an "authorized
person". The new Act defines authorized persons
especially as attorneys at law, notaries, tax advisors or banks
with a seat in the Slovak Republic.
The authorized person shall prove the UBO with regard to the
first registration as well as any consequent changes (e.g.
conclusion of a new contract, subsequent changes of an existing
contract) and always regularly as of 31 December of each year.
Partners of the public sector should pay great attention to the
new Register since severe sanctions may apply for the partner of
the public sector, for the management board as well as the
authorized person, e.g.:
Seizure of the economic profit made
with the public sector;
Penalty between EUR 10.000 and EUR 1
Denial of EU funds;
Right of the public contracting
authority to withdraw from the (concession) contract, resp.
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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