If you are a public sector partner, you may be asked, in the course of business dealings or in proceedings before public authorities, to provide confirmation that you are registered in the Public Sector Partners Register, confirmation of the entry of data in the Public Sector Partners Register (hereinafter also referred to as “RPVS”), or an extract of data from the RPVS itself, for various purposes, such as public procurement or to demonstrate compliance with the legal obligation to register in the RPVS. Many partners in such a situation are caught off guard and do not know how to proceed, or they turn to an authorized person with a request to issue a confirmation or an extract from the RPVS.
If you have become a public sector partner, one of your obligations is to register with the RPVS and, therefore, to enter your details and the details of the ultimate beneficiaries into the RPVS. However, as a partner, do you also have an obligation, after fulfilling this requirement, to prove that you are indeed a public sector partner that has fulfilled the registration requirement in the RPVS?
The RPVS is governed by Act No. 315/2016 Coll. on the Register of Public Sector Partners and on Amendments to Certain Acts (hereinafter the “RPVS Act”).
The Register of Public Sector Partners in the RPVS Act
The RPVS Act, among other things, enshrines the principle of substantive publicity. What does the principle of material publicity mean? Material publicity is based on the fact that registered data (of any kind) is effective against third parties from the date of its publication. The recorded facts are considered generally known, and it is not possible to claim ignorance of them. In other words, once your data as a public sector partner is entered into the RPVS, third parties are automatically bound by this data and can access it.
Section 3(2) of the RPVS Act provides that: “Data recorded in the register need not be proven before public authorities or in commercial transactions.” Therefore, as a public sector partner, you are not required to prove that you are registered in the RPVS, nor do you need to prove the registered data regarding the ultimate beneficiaries. Information regarding your registration, as well as the data recorded in the RPVS, is publicly available on the registry’s website at https://rpvs.gov.sk/rpvs; consequently, the public sector has full and unrestricted access to it.
Since the RPVS is accessible to the public, the principle applies that “the state does not require the submission of information already in the possession of its authorities.” This principle is based on Act No. 305/2013 Coll. on the Electronic Form of the Exercise of Powers by Public Authorities and on Amendments to Certain Acts (the 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 binding force than an extract from the Commercial Register of the Slovak Republic (ORSR) published on the website www.orsr.sk. Specifically, the extract from the ORSR published on the website is for informational 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, so it is necessary to obtain an extract from the ORSR through 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 card reader, you can obtain an extract from the Commercial Register quickly and free of charge. Otherwise, you will need to contact a notary or use postal services, though you will have to pay for the extract in those cases.
If any entity requests a confirmation or extract from the RPVS from you, simply refer them to the website https://rpvs.gov.sk/rpvs. The legal framework governing the RPVS is designed to minimize the burden on you as a private-law entity, thereby facilitating your operations and business dealings with the public sector.
