A new law designated by the public sector partner came into force in February 2017. Under the provisions of § 2 of Law 315/2016 Coll. They can be both natural and legal persons who are not public officials. Persons who are not partners of the public sector may also be logged in the Register of public sector partners at their sole discretion.
Who exactly is a public sector partner?
Provision of § 2 of Law No 315/2016 Coll. Describes the public sector partner as follows:
(1) For the purposes of this law,
(a) Public sector partners, unless otherwise provided in paragraphs 2 to 4, a natural or legal person who is not an entity of public works 1);
- Receiving funds from the state budget, the budget of the National Fund, the budget of the public institution, the budget of the municipality, the budget of the Higher Territorial Unit, the European structural and investment funds, the legal person Established by law, from a legal person who is wholly or largely financed by a state, a municipality, a higher territorial total or a legal person set up by law, which is controlled by a state, a municipality, a higher territorial total or a legal person Established by law or in which state, municipality, higher territorial unit or legal person established by law, appoint or elect more than half of the members of its managing authority or control body, from the health insurance undertaking or receives state aid; Investment aid,
- which accepts a transaction which is subject to property, property rights or other property rights of a State, a public body, a municipality, a higher territorial unit, a legal person established by law or a legal person who is wholly or for the most part Financed by a state, a municipality, a higher territorial total or a legal person established by law, which is controlled by a state, a municipality, a higher territorial total or a legal person established by law or in which state, community, higher territorial unit or legal The person established by law appoints or elects more than half of the members of its managing authority or inspection body or from the health insurance Undertaking,
- Which concludes a contract, framework agreement or concession contract under specific Regulation (
- Which is a healthcare provider who has a health care contract with the health Insurance Service, 3)
- Which is obligatory in the Register under special Regulation (') '
- To which it has been referred or otherwise has acquired a claim against the state, the National Fund, a public body, a municipality, a higher territorial unit or a legal person established by law or
- Which, directly or through other persons, supplies to persons under the first to fifth points of the goods or services or acquires property, rights to property or other property rights, and at the same time knows or is to know that the transactions provided by it or acquired Property, property rights or other property rights are related to the contract referred to in (d))
(b) An authorised person, lawyer, notary, bank, Foreign bank branch, auditor, tax adviser who has a place of business or head office in the territory of the Slovak Republic and who, by written agreement, undertook to fulfil the obligations of the beneficiary for Public sector partner,
(c) The end-user benefits of a natural person under special Regulation (5)
(d) A contract or other legal act whereby a public sector partner receives funds under point (a) of the first point or acquires property, property rights or other property rights under point (a) of the second point, except for a contract or other Legal act of which the debt and liquidity Management Agency is a participant if, on behalf of the Ministry of Finance of the Slovak Republic or the Treasury, carries out its scope under the Special Regulation, 5a) or whose participant the National Bank is Slovakia, if it is represented by the Slovak Republic in international institutions or in international financial markets, if it does business in the financial market or with the Slovak Republic or if it carries out the scope in the foreign exchange area, 5b) and contracts relating to the Stock trades by special regulation. 5c)
(2) Public sector partners pursuant to paragraph 1 (b). (a) The first, third, fourth, sixth and seventh points shall not be the one to whom the funds are to be granted in a lump sum not exceeding EUR 100 000 or in aggregate not exceeding EUR 250 000 in the calendar year in respect of recurring transactions; This does not apply if the amount of state aid or investment aid cannot be determined at the time of entry in the register.
(3) Public sector partners pursuant to paragraph 1 (b). (a) The second and sixth points are not the one who has a lump-sum asset, rights to property or other property rights, the general value of which is not more than EUR 100 000.
(4) Public sector partners are neither
(a) a person who is predominantly active in the non-profit sector; This does not apply if it supplies goods or services under a contract, framework agreement or concession contract according to a specific predpisu2) with a view to obtaining profit or acquisition of property, rights to property or other property rights, the general value of which exceeds the amount Pursuant to paragraph 3,
(b) The Bank and branch of the foreign bank, if it receives funds from the state budget, from the budget of the State fund, from the budget of the public institution, from the budget of the municipality, from the budget of the Higher territorial unit, from the legal entity established by law, A legal person who is wholly or largely financed by the state, the municipality, the higher territorial total or legal person established by law, which is controlled by the state, the municipality, the higher territorial total or legal person established by law or Which state, municipality, higher territorial unit or legal person established by law appoints or elects more than half of the members of its managing authority or control body or from the health insurance undertaking for the purpose of fulfilling the loan or loan obligation,
(c) A person who receives a performance from the representative Office of the Slovak Republic abroad for the supply of goods, the execution of works or the provision of a service or performance in the framework of development cooperation or international humanitarian aid;
(d) Another state and its bodies;
(e) An international organisation established under public international law and its authorities.
The law mentioned is also referred to as a counter-mailbox. It is the partner of the sector in question to have the obligation to be registered in the course of the contractual relationship. The registration is therefore obligatory and necessary before the conclusion of the contract. The legal entity shall state the ownership and management structure of the company.
However, the provision of § 13 provides for sanctions that threaten to provide false or incomplete data on the end user of benefits or public officials. In those cases, the person who is the statutory authority may impose a fine of up to EUR 100 000.
In the Register of public sector partners it is very important to identify the company's final user.
Who is referred to as the end user benefits?
The end user defines law No. 297/2008 such as any natural person who actually controls or controls a legal person, a natural person – an entrepreneur or an association of assets, and any natural person in favour of whom those entities carry out their activities or trade.
Why Choose our company?
A number of information is entered in the register, depending on whether it is FO or PO. However, it is important to note that entry in the register of public sector partners can only be made by a person entitled. Our law firm will ensure that you register in the register of public sector partners promptly and reliably. The service provided by us is also an annual update of the company's data, which is required to be 31. December of the calendar year.
What to do?
Just contact us by phone or via email.
We consider the fact that we can register your company without a personal meeting. After you have provided the necessary documents about your company, we will prepare all the necessary documents, which can then be sent to us by signed mail and we'll handle everything else for you.