A public sector partner (hereinafter referred to as “PSP”) may initiate its own removal from the register of public sector partners on its own initiative, i.e. this is a voluntary removal. In practice, this means that only an authorized PVS person submits a request for deletion from this register to the public sector partner register. (e.g., because the PVS no longer receives funds from public sources and therefore requests its voluntary deletion from the public sector partner register). However, a PVS may also be deleted without a request if incorrect, incomplete, or false information about the ultimate beneficiary is provided, as stipulated in Section 12 of Act No. 315/2016 Coll. on the register of public sector partners and on amendments to certain acts (hereinafter referred to as the “RPVS Act”).
Section 12 of the RPVS Act establishes the institution of verification of the accuracy and completeness of data on the ultimate beneficiary of benefits entered in the register of public sector partners (hereinafter referred to as the “RPVS”) by the registering authority – the District Court in Žilina, proceedings on qualified complaints and sanctions for breach of the obligation to ensure the accuracy and completeness of data on the final beneficiary entered in the RPVS.
Paragraph 1 of the aforementioned provision specifies that the registering authority may carry out the aforementioned control activity either on its own initiative (ex officio) or on the basis of a so-called qualified complaint. The amendment to the RPVS Act by Act No. 241/2019 Coll., effective from 1 September 2019, added a provision clearly specifying the moment from which the registering authority assesses the facts in proceedings on a qualified complaint. For reasons of legal certainty, this has been formally expressed in such a way that the court bases its decision on the facts at the time of the initiation of proceedings on a qualified complaint, and therefore the subsequent removal of violations or the addition of information no longer prevents the imposition of sanctions and the discontinuation of proceedings, as was the case in the past before the aforementioned amendment.
An essential part of this type of deletion of PVS from RPVS is also a decision on exclusion within the meaning of Section 13a of Act No. 513/1991 Coll. Commercial Code (hereinafter referred to as the “Commercial Code”), which contains the conditions and consequences of a decision on exclusion.
The above-mentioned deletion of PVS from RPVS also establishes the state's right to withdraw from the contract, the possibility of not fulfilling the contract without the state being in default.
Pursuant to Section 13a of the RPVS Act, if the registering authority deletes a PVS in proceedings on a qualified complaint or after a fine has been imposed on it pursuant to Section 13a(2) of the RPVS Act, it may not be entered in the RPVS within two years of its deletion. 2 of the RPVS Act, it may not be entered in the RPVS for a period of two years from its deletion. This also applies if the PVS is not entered in the RPVS on the date of the decision becoming final within the meaning of Section 12(8) of the RPVS Act, i.e. if, during the proceedings to verify the accuracy and completeness of the data on the final beneficiary of benefits entered in the PRVS, the PVS is deleted. 8 of the RPVS Act, i.e. if, during the proceedings to verify the accuracy and completeness of the data on the final beneficiary of benefits entered in the PRVS, the PVS is deleted at the request of an authorized person, the registering authority shall complete the proceedings and take a decision based on the findings.
As mentioned above, voluntary deletion may also occur during proceedings on a qualified complaint, but such deletion does not constitute an obstacle to the completion of proceedings on a qualified complaint or to the imposition of liability and sanctions for violation of the law.
In addition to the deletion of the PVS from the RPVS, the RPVS Act also provides for the deletion of the authorized person from the RPVS.
The Act allows a registered authorized person to be deleted from the RPVS (e.g., due to the termination of cooperation with a public sector partner). Subsequently, a proposal for the deletion of the authorized person from the RPVS will be submitted. If the proposal for deletion is submitted by the authorized person themselves, the registering authority will notify the PVS, which must ensure the registration of a new authorized person and, at the same time, a new verification of the identity of the final beneficiary within 30 days.
The RPVS Act also gives the PVS the right to change the registered authorized person for another authorized person. Even in such cases, the PVS cannot submit a proposal for registration of the change, because here too, only authorized persons are entities capable of communicating with the registering authority. The proposal for registration of the change is therefore submitted by the new authorized person.
