Pursuant to Section 6a(3) of the Act on the Prevention of Money Laundering and Terrorist Financing: “The ultimate beneficiary is also a natural person who does not meet the criteria under paragraph 1(a), (b) or (c) of the second and fourth points, but who, together with another person acting in concert or in concert with that person, meets at least some of these criteria.”
The term “acting in concert” is not used in any legal regulation.
OPINION OF THE MINISTRY OF JUSTICE OF THE SLOVAK REPUBLIC:
Acting in concert means acting in accordance with Section 66b of the Commercial Code. Acting in concert means the actions of persons who, although they do not individually meet the criteria for the ultimate beneficiary set out in Section 6a(1) of Act No. 297/2008 Coll. However, on the basis of, for example, an agreement or contract on joint action, these natural persons (entrepreneurs) are considered to be natural persons who meet the criteria for end users of benefits specified in Section 6a(1). Such joint action by two or more natural persons therefore has the same effect as if they were a single natural person who is the final beneficiary within the meaning of Section 6a(1) of Act No. 297/2008 Coll. This situation arises, for example, if six natural persons individually do not meet the criteria for the ultimate beneficiary, but, subject to an agreement on their joint action, exercise their voting rights in this legal entity in an agreed manner, where the total share of these six natural persons (the sum of all their direct or indirect shares) in the voting rights of the legal entity concerned is at least 25%. The legal entity in question shall therefore also enter these six natural persons in the register. The interpretation of joint action is again based on the opinion of the Public Procurement Office, taking into account the change in the legal regulation of jointly acting persons compared to the definition contained in the Public Procurement Act, which limited the number of jointly acting persons to ten. Section 6a(3) of Act No. 297/2008 Coll. does not limit the number of jointly acting persons.
