Is it sufficient for the authorized person to verify that there has been no change in the data entered in the register and, if there has been no change, to confirm this with a solemn declaration by the public sector partner? In such a case, we believe that it is not necessary to require additional documents to verify the identity of the ultimate beneficiary (i.e., to request the current version of the articles of association or the memorandum of association, provided that no changes have been made to the articles of association or the memorandum of association).
OPINION OF THE MINISTRY OF JUSTICE OF THE SLOVAK REPUBLIC:
The procedure for verifying the identity of the ultimate beneficiary is a matter for the authorized person. However, in our opinion, it is not sufficient, particularly in view of the obligation to act with professional care, for the authorized person to request only a simple declaration of honor from the public sector partner to prove that the data on the registered ultimate beneficiary have not changed. In other words, if verification events occur pursuant to Section 11(2) of the ZRPVS, the authorized person must act with the same degree of professional care when verifying the identification as when initially registering the public sector partner. Otherwise, it may happen that, in proceedings on a qualified complaint, the burden of proof of professional care will not be met.
