Public sector partner, public sector partner registry, authorized person, and others. In this article, we provide an overview of the basic terms related to the registration of public sector partners. You will also find the relevant legal provisions pertaining to each term in this article.

Public Sector Partner

Definition

a natural person or a legal entity:

1. that receives funds from the state budget, the budget of a state special-purpose fund, the budget of a public-law institution, the budget of a municipality, or 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 a performance whose subject matter is property, rights to property, or other property rights of the state, a public-law 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 from a health insurance company,
3. which enters into a contract , framework agreement, or concession agreement pursuant to 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 registered in accordance with a special regulation,
6. to which a claim has been assigned or which, on another basis, is to be paid a claim against the state, a state fund, a public-law 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 goods or services to persons referred to in points one through four or acquires property, property rights, or other property interests, and at the same time knows or ought to know, taking into account all circumstances, that the services provided or the property, property rights, or other property interests acquired are related to the contract

Legal Provisions

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, a municipality, a higher territorial unit, or a legal entity established by law—with the exception of a chamber established by law—holds, either separately or jointly, an exclusive direct or indirect interest

Legal Provisions

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

Eligible Person

Definition

1. a lawyer, notary, bank, auditor, or tax advisor who has a place of business or registered office in the territory of the Slovak Republic and who, on the basis of a written agreement, has undertaken to fulfill the obligations of an authorized person for a public sector partner,
2. a foreign entity authorized to carry out the same business activities within the territory of the Slovak Republic as an authorized person under the first point, which has its business or an organizational unit located within the territory of the Slovak Republic, and who, on the basis of a written agreement, has undertaken to fulfill the obligations of an authorized person on behalf of a public sector partner

Legal Framework

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, and which is administered and operated by the Ministry of Justice of the Slovak Republic.

Legal Basis

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

Acting with due care

Definition

conduct with a level of care appropriate to the function or position of the authorized person, taking into account and based on an independent professional assessment of all available information that the person has obtained or could have obtained and that relates to or may influence their conduct

Legal Provisions

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 ultimate beneficial owner is any natural person who actually controls or exercises control over a legal entity, a natural person—entrepreneur, or an asset pool, and any natural person for whose benefit these entities conduct their activities or business; beneficial owners include, in particular,

a) in the case of a legal entity that is neither an asset pool nor an issuer of securities admitted to trading on a regulated market subject to disclosure requirements under a special regulation,37) an equivalent legal regulation 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 “Member State”) or equivalent international standards, a natural person who
1. holds a direct or indirect interest, or a combination thereof, of at least 25% of the voting rights in a legal entity or of its share capital, including bearer shares,
2. has the right to appoint, otherwise designate, or dismiss the statutory body, management body, supervisory body, or audit body of the legal entity or any member thereof,
3. controls the legal entity in a manner other than that specified in the first and second points,
4. is entitled to at least 25% of the economic benefit from the business of the legal entity or from its other activities,

b) in the case of a natural person—entrepreneur, a natural person who is entitled to at least 25% of the economic benefit from the business of the natural person—entrepreneur or from any other activity thereof,

c) in the case of an asset association, a natural person who
1. is the founder or establisher of the asset association; if the founder or establisher is a legal entity, the natural person referred to in subparagraph a),
2. has the right to appoint, otherwise designate, or dismiss the statutory body, management body, supervisory body, or audit body of the asset pool or a member thereof, or is a member of a body that has the right to appoint, otherwise designate, or dismiss these bodies or a member thereof,
3. is a statutory body, management body, supervisory body, control body, or a member of such 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 designated; if future beneficiaries of the assets of the association have not been designated, the group of persons who derive significant benefit from the establishment or operation of the association shall be considered the ultimate beneficial owners.

Legal Framework

Section 6a of Act No. 297/2008 Coll. on the Prevention of Money Laundering and the Financing of Terrorism and on Amendments to Certain Acts