What should be done if the information provided in the verification document changes but the registered information remains unchanged (e.g. change in the management or ownership structure of the public sector partner)?
Pursuant to Section 11(1) of the RPVS Act: “The public sector partner and the authorized person entered in the register are responsible for the accuracy of the data entered in the register, the identification of the ultimate beneficiary, and the verification of the identification of the ultimate beneficiary.” Pursuant to Section 4(2) and (3), the data to be entered are: in the case of a natural person, the first name and surname, place of residence or place of business, organization identification number, if applicable, and in the case of a legal person, the name of the legal entity, the name of the authorized representative, the organization identification number, if applicable, and the registered office. § 4(2) and (3), the data entered shall be: in the case of a natural person, the first name and surname, place of residence or place of business, organization identification number, if assigned, otherwise date of birth, list of final beneficiaries, data on the authorized person, and in the case of a legal person, the name or business name, registered office, legal form, organization identification number, if assigned, list of ultimate beneficiaries, list of public officials performing functions in the Slovak Republic who are part of the ownership structure or management structure of the public sector partner, data on the authorized person. Furthermore, pursuant to Section 11(5) of the RPVS Act: "The identification of the ultimate beneficiary and the verification of the identification of the ultimate beneficiary shall be demonstrated by a verification document in which the authorized person:
a) justifies, on the basis of what information, in accordance with the procedure under paragraph 4, it identified the ultimate beneficiary or verified the identification of the ultimate beneficiary,
b) specifies the ownership structure and management structure of the public sector partner, if it is a legal entity,
c) provides the information referred to in Section 4(3)(f), if it has or could have had knowledge of it, including the designation of the public function,
d) in the case of a public sector partner referred to in Section 4(4), proves that the conditions for the entry of senior management in the register are met,
e) declare that the facts stated in the verification document correspond to the facts actually ascertained by it."
OPINION OF THE MINISTRY OF JUSTICE OF THE SLOVAK REPUBLIC:
The purpose of the ZRPVS is to provide complete and accurate information about the ultimate beneficiary. If the information about the ultimate beneficiary does not change, the verification document must be attached in accordance with the ZRPVS.
