The Ministry of Justice of the Slovak Republic explains the requirement to submit a verification document when verifying the identity of the ultimate beneficial owner in the RPVS, even in cases where the information regarding the ultimate beneficial owner has not changed. The opinion clarifies the scope of the data to be recorded pursuant to Sections 4 and 11 of the RPVS Act.
Pursuant to Section 11(1) of the RPVS Act: “The public sector partner and the authorized person entered in the register are responsible for the accuracy of the data entered in the register, the identification of the ultimate beneficial owner, and the verification of the identification of the ultimate beneficial owner,” whereas pursuant to Section 4(2) and (3), the data to be recorded are: in the case of a natural person, the first and last name, place of residence or place of business, organization identification number if assigned, otherwise the date of birth, a list of ultimate beneficial owners, information on the authorized person, and in the case of a legal entity, the name or business name, registered office, legal form, and organization identification number, if assigned, a list of beneficial owners, a list of public officials holding office in the Slovak Republic who are part of the ownership structure or management structure of the public sector partner, and information on the authorized person. Furthermore, pursuant to Section 11(5) of the Act on the Public Sector Partner: “The identification of the beneficial owner and the verification of the identification of the beneficial owner shall be evidenced by a verification document in which the authorized person:
a) justifies, based on what information, the identification of the ultimate beneficial owner or the verification of the identification of the ultimate beneficial owner in accordance with the procedure under paragraph 4,
b) specifies the ownership structure and management structure of the public sector partner, if it is a legal entity,
c) provides the information specified in Section 4(3)(f), if they have or could have had knowledge of it, including the designation of the public office,
d) in the case of a public sector partner pursuant to Section 4(4), demonstrate that the conditions for the registration of senior management in the register are met,
e) declare that the facts stated in the verification document correspond to the actual situation as determined by it.”
OPINION OF THE MINISTRY OF JUSTICE OF THE SLOVAK REPUBLIC:
The purpose of the ZRPVS is to provide complete and accurate information about the ultimate beneficial owner. Unless the information regarding the ultimate beneficial owner changes, the verification document must be attached in accordance with the ZRPVS.
