The Ministry of Justice of the Slovak Republic clarifies whether new documentation must be prepared when changing the details of an authorized entity in the RPVS. The statement explains the principle of interconnection between registers and the procedure for changing the business name or registered office of an authorized entity.
Pursuant to Section 4(2)(e)(2) and Section 4(3)(g) of the RPVS Act: “The following information regarding a natural person or legal entity that is a public sector partner shall be entered into the register: details of the authorized person, including the name or business name, registered office, and organization identification number, in the case of a legal entity.”
Is it necessary to re-prepare all documentation required for entry into the RPVS (in particular the agreement on the performance of the authorized person’s obligations, the verification document, and the authorized person’s declaration), specifying the new/amended details of the authorized person (e.g., new trade name)?
OPINION OF THE MINISTRY OF JUSTICE OF THE SLOVAK REPUBLIC:
In this case, just as with a change in the management or ownership structure of a public sector partner, there is no need to specifically change this information in the Register of Public Sector Partners. When the ZRPVS was adopted, it was assumed that a so-called interconnection of registers with a single reference register—the Register of Legal Entities—would be achieved, on the basis of which the transfer of updated data to other registers would occur automatically. If this interconnection has not been implemented, authorized persons cannot be required to fulfill this obligation, as it would constitute an obligation “beyond the scope of the law.” Technically, it is possible to make the changes via the “public sector partner change” electronic service; however, in such a case, it is neither appropriate nor necessary to attach newly created documents containing the updated data (i.e., a new agreement, declaration, or verification document).
