Public sector partner

Definition

Natural person or legal entity:

1. which receives financial resources from the state budget, from the budget of a state special-purpose fund, from the budget of a public institution, from the budget of a municipality, from the budget of a higher territorial unit, from European funds with the exception of the European Agricultural Guarantee Fund, from a legal entity established by law with the exception of a chamber established by law, from a public enterprise, from a health insurance company, or receives state aid,

2. which receives performance whose subject matter is property, rights to property or other property rights of the state, a public institution, a municipality, a higher territorial unit, a legal entity established by law, with the exception of a chamber established by law, or from a public enterprise or a health insurance company,

3.which concludes a contract, framework agreement or concession contract under a special regulation,

4. which is a healthcare provider that has concluded a contract with a health insurance company for the provision of healthcare,

5. which is required to be entered in a register under a special regulation,

6. to which a claim has been assigned or which is otherwise entitled to the fulfillment of a claim against the state, a state fund, a public institution, a municipality, a higher territorial unit or a legal entity established by law, with the exception of a chamber established by law, or

7. which directly or through other persons supplies persons referred to in points 1 to 4 with goods or services or acquires property, rights to property or other property rights from them and at the same time knows or should know, taking into account all circumstances, that the performance provided by it or the property acquired, rights to property or other property rights are related to a contract

Legal regulation

Section 2(1)(a) of Act No. 315/2016 Coll. on the Register of Public Sector Partners and on Amendments to Certain Acts

Public enterprise

Definition

a legal entity in which the state, municipality, higher territorial unit or legal entity established by law, with the exception of a chamber established by law, has an exclusive direct or indirect participation, either independently or jointly.

Legal regulation

Section 2(1)(b) of Act No. 315/2016 Coll. on the Register of Public Sector Partners and on Amendments to Certain Acts.

Authorized person

Definition

1. a lawyer, notary, bank, auditor or tax advisor who has their place of business or registered office in the Slovak Republic and who, on the basis of a written agreement, has undertaken to perform the duties of an authorized person for a public sector partner,

2. a foreign person authorized to perform the same activities as an authorized person under the first point in the territory of the Slovak Republic, who has its place of business or organizational unit in the territory of the Slovak Republic and who has undertaken, on the basis of a written agreement, to fulfill the obligations of an authorized person for a public sector partner.

Legal regulation

Section 2(1)(c) of Act No. 315/2016 Coll. on the Register of Public Sector Partners and on Amendments to Certain Acts

Register of Public Sector Partners

Definition

The register is a public administration information system containing data pursuant to Section 4 of Act No. 315/2016 Coll. on the register of public sector partners and on amendments to certain acts, administered and operated by the Ministry of Justice of the Slovak Republic.

Legal regulation

Section 3(1) of Act No. 315/2016 Coll. on the Register of Public Sector Partners and on Amendments to Certain Acts

Acting with professional care

Definition

proceedings with care appropriate to the function or position of the authorized person, taking into account and independently evaluating all available information that has been obtained or could have been obtained and that relates to or may affect their proceedings.

Legal

Section 11(5) of Act No. 315/2016 Coll. on the Register of Public Sector Partners and on Amendments to Certain Acts

Ultimate beneficiary

Definition

(1) The final beneficiary is any natural person who actually controls or supervises a legal entity, a natural person who is an entrepreneur, or an association of assets, and any natural person for whose benefit these entities carry out their activities or business; final beneficiaries include, in particular

a) in the case of a legal entity that is not an association of assets or an issuer of securities admitted to trading on a regulated market subject to disclosure requirements under a special regulation,37) equivalent legislation of a Member State of the European Union or another state that is a party to the Agreement on the European Economic Area (hereinafter referred to as a “Member State”) or equivalent international standards, a natural person who

1. has a direct or indirect share or a total of at least 25% of the voting rights in a legal entity or its registered capital, including bearer shares,

2. has the right to appoint, otherwise establish or dismiss the statutory body, management body, supervisory body or control body of a legal entity or any of its members,

3. controls a legal entity in a manner other than that specified in points 1 and 2,

4. has the right to economic benefits of at least 25% from the business of the legal entity or from its other activities,

b) in the case of a natural person who is an entrepreneur, a natural person who has the right to economic benefits of at least 25% from the business of the natural person who is an entrepreneur or from its other activities,

c) in the case of an association of assets, a natural person who

1. is the founder or establisher of the association of assets; if the founder or establisher is a legal entity, a natural person under point a),

2. has the right to appoint, otherwise designate or dismiss the statutory body, management body, supervisory body or control body of the property association or a member thereof, or is a member of a body that has the right to appoint, otherwise designate or dismiss these bodies or their members,

3. is a statutory body, management body, supervisory body, control body or member of these bodies,

4. is the recipient of at least 25% of the funds provided by the asset association, if the future recipients of these funds have been determined; if the future recipients of the asset association's funds have not been determined, the group of persons who have a significant benefit from the establishment or operation of the asset association shall be considered the ultimate beneficiaries.

Legal regulation

Section 6a of Act No. 297/2008 Coll. on the protection against the legalisation of proceeds from criminal activity and on the protection against terrorist financing and on amendments to certain acts