Pursuant to Section 19(c) of the RPVS Act: "An authorized person may not perform acts under this Act if they have any relationship with a public sector partner or a member of its bodies that could call into question their impartiality, in particular if they are personally or financially linked to a public sector partner." According to the above, the "lawyer-client" relationship should not be an obstacle to the authorized person providing services to clients to whom the lawyer also provides legal services.
OPINION OF THE MINISTRY OF JUSTICE OF THE SLOVAK REPUBLIC:
An explanation of this issue can be found in the FAQ section of the ministry's website. In our opinion, the "lawyer-client" relationship does not prevent an authorized person from acting as a public sector partner for that client. Given the specific status of authorized persons and their activities as lawyers, notaries, etc., where they are subject to special regulations (e.g., the Act on Advocacy), we do not consider this "professional relationship" is not considered a reason for excluding an authorized person from performing activities for their existing clients, even on the basis that they have more knowledge about the ownership or management structure of the public sector partner, which may ultimately contribute to a more accurate and simpler determination of the ultimate beneficiary. Of course, it is up to the public sector partner to choose whether to select a person who provides certain legal services to them or, conversely, a person who does not know them at all. Therefore, if a lawyer or authorized person is not connected in terms of personnel or assets, nor has any other relationship that could compromise their impartiality in performing the activities of an authorized person, that person may perform the aforementioned activities for their clients.
