If you are a public sector partner, you may be required to provide confirmation that you are registered in the public sector partner register, confirmation of your registration in the public sector partner register (hereinafter also referred to as “RPVS”) or an extract from the RPVS itself for various purposes, such as public procurement or to prove compliance with the legal obligation to register in the RPVS. Many partners in such a situation are taken aback and do not know how to proceed, or they turn to an authorized person with a request to issue a confirmation or extract from the RPVS.
If you have become a public sector partner, one of your obligations is to register with the RPVS and thus enter your details and the details of the end users of the benefits into the RPVS. However, once you have fulfilled this obligation, do you, as a partner, also have an obligation to prove that you are indeed a public sector partner who has fulfilled the obligation to register with the RPVS?
The RPVS is regulated by 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”).
Register of Public Sector Partners in the RPVS Act
Among other things, the RPVS Act enshrines the principle of material publicity. What does the principle of material publicity mean? Material publicity is based on the fact that the data entered (any data) are effective against third parties from the date of their publication. The recorded facts are considered to be generally known and it is not possible to invoke ignorance of them. In other words, once your data as a public sector partner has been recorded in the RPVS, third parties are automatically bound by this data and can access it.
Section 3(2) of the RPVS Act stipulates that: “Data recorded in the register does not need to be proven to public authorities or in business dealings.” Therefore, as a public sector partner, you are not required to prove that you are registered in the RPVS, nor are you required to prove the registered data on the final beneficiaries. Information about your registration and the data entered in the RPVS are publicly available on the register's website at https://rpvs.gov.sk/rpvsand are therefore fully and freely accessible to the public sector.
As the RPVS is accessible to the public, the principle that “the state does not require the submission of information already available to its authorities” applies. This principle is based on Act No. 305/2013 Coll. on the electronic form of the exercise of public authority and on amendments to certain acts (e-Government Act).
Extract from the RPVS
An extract from the RPVS published on the website https://rpvs.gov.sk/rpvs has a different legal validity than an extract from the Commercial Register of the Slovak Republic (ORSR) published on the website www.orsr.sk. The extract from the ORSR published on the website is for information purposes only and is not published in a legally binding form. Unlike the RPVS, the extract on the OR SR website cannot be used for legal purposes, and it is therefore necessary to obtain an extract from the ORSR by other means for legal purposes.
The easiest way is to obtain it through the slovensko.sk portal. If you have an ID card with a chip and a chip card reader, you can obtain an extract from the OR SR quickly and free of charge. Otherwise, you will have to contact a notary or the postal service, where you will have to pay for the extract.
If any entity requests confirmation or an extract from the RPVS, simply refer them to the website https://rpvs.gov.sk/rpvs. The legal regulation in the area of RPVS is designed to relieve you, as a private law entity, as much as possible and thus facilitate your activities and dealings with the public sector.
