The ultimate beneficial owner is any person who actually controls or supervises a legal entity, natural person – entrepreneur or association of assets (collectively referred to as "entities" or "entity") and any natural person for whose benefit these entities carry out their activities or business. The ultimate beneficial owner within the meaning of the legal definition is any natural person who controls the entity or whose activities are carried out for their benefit. The company is required to keep records of its ultimate beneficial owner necessary for its proper identification to third parties.
Information about the ultimate beneficial owner must be updated whenever there is a change, and records of their identification must be kept for 5 years after the end of the status of the ultimate beneficial owner of a particular natural person. The purpose is to enable everyone to identify who the beneficial owner is in a particular company, without relying solely on the information available in the registers.
The beneficial owner (hereinafter referred to as "BO") is defined in Section 6a of Act No. 297/2008 Coll. on the protection against the legalization of proceeds from criminal activity and on the protection against the financing of terrorism and on amendments to certain acts, as amended (hereinafter referred to as the "AML Act"). The AML Act defines KUV differently for legal entities, natural persons who are entrepreneurs, and associations of assets. KUV is therefore 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 on whose behalf these entities carry out their activities or business.
In a legal entity, a UBO is a natural person who:
In the case of an asset association, the KUV is the natural person who:
If it is not possible to identify a KUV person according to the above criteria, members of senior management will be considered as such. A member of senior management is considered to be a statutory body, a member of a statutory body, a proxy, and a senior employee under the direct management of a statutory body. A KUV is also a natural person who does not meet the above criteria on their own, but together with another person acting in concert or in concert with them, meets at least some of the above criteria. The following data are entered in the registers: name, surname, birth number, and if not assigned, date of birth, permanent residence or other residence address, nationality, and type and number of KUV identity document. Data on the basis of which this natural person has the status of KUV in a legal entity must also be entered. Obligated persons are required by law to cooperate with the authorities if the register does not contain data on KUVs under a special law or if there are doubts about the accuracy or completeness of the data entered in the register.
The law firm Hronček & Partners, s. r. o. provides its clients with comprehensive legal services in the area of identifying and registering KUVs in the commercial or other relevant register. In addition to identifying KUVs, we prepare a Protocol on the Identification of the Ultimate Beneficial Owner for our clients in accordance with the provisions of the AML Act on record keeping for these purposes. We also provide our clients with instructions on how to keep records. Leave this legal obligation to us and avoid the lengthy process of identifying KUV and the associated administration. By entrusting your obligation to a law firm, you will ensure the correct identification of KUV and avoid the risk of being fined by the relevant authorities. Contact us for a non-binding price quote.
Hronček & Partners, s. r. o. is also actively developing initiatives in the area of crowdfunding regulation ("crowdfunding service"). In connection with Regulation (EU) 2020/1503 of the European Parliament and of the Council (EU) 2020/1503 of 7 October 2020 on European crowdfunding service providers for business and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937, available here (English version available at link), which will enter into force on October 10, 2021, and which lays down uniform requirements for the provision of crowdfunding services, the organization of crowdfunding service providers, the authorization and supervision of such providers, the operation of crowdfunding platforms, as well as transparency and marketing communications, our law firm is ready to provide you with comprehensive legal advice on obtaining a license to perform crowdfunding services.
Our law firm provides comprehensive legal services for operators of online stores (e-shops). The basis for your e-shop is the correct processing of the General Terms and Conditions (GTC), which we prepare exclusively for the client according to their requirements. Another necessity is the preparation of complaint procedures and the setting up of contracts. In this area, we provide:
Close cooperation with Top privacy s.r.o., a company specializing in personal data protection, guarantees first-class legal services, also with regard to the GDPR and related obligations.
When it comes to tax issues, our law firm has been working closely with knowledgeable professionals in this field for many years, through whom we can provide you with top-level tax advice, including the assessment and preparation of transfer documentation. Expert legal services combined with professional tax advice confirm the comprehensiveness of our services. An open approach and collective work of several professionals on individual projects is a great advantage for the client.
In connection with transfer pricing and the preparation of transfer documentation, we will provide you with:
Another of the many areas in which we provide our legal services is insurance law, in which we work closely with leading experts and insurance specialists from the www.poistenie.sk portal. The team of experts from our law firm, with many years of rich experience and cooperation with the renowned portal, guarantees the provision of first-class legal services and expert advice in this field. In the field of insurance law, we offer comprehensive services, including communication with insurance companies, preparation of legal submissions, assessment of your claims, representation in court proceedings, and much more.
In the field of insurance law, we focus primarily on:
During our many years of practice in the field of insurance law, we have been able to reverse many insurance claims that were settled by insurance companies, and through legal assistance, we have ensured our clients' success in asserting their claims. We have also been successful in litigation and in resolving disputes out of court.
We also deal with specific issues related to customs law. We provide expert consultations and represent clients in cases involving infringements of their rights and legally protected interests in public proceedings at customs offices, the Financial Directorate of the Slovak Republic, and in courts. We prepare legal opinions and analyses, as well as electronic communications with the financial administration.
Unfair competition is conduct in economic competition that is contrary to good competitive practices and is likely to cause harm to other competitors or consumers. Unfair competition is prohibited.
We provide our clients with expert legal advice in disputes arising from unfair competition, whether in the position of plaintiff or defendant. Our successful appeal to the Supreme Court is proof of our success in unfair competition disputes. In unfair competition disputes, we defend the interests of our clients, and in addition to eliminating the unlawful situation and refraining from unfair competition, we also strive to achieve satisfaction for our clients, especially in the form of financial compensation, whether in the form of damages or the surrender of unjust enrichment.
In unfair competition disputes, we focus on developing the right strategy for each specific case, as every unfair competition practice is unique and requires a unique approach. We provide our clients with comprehensive legal advice from the identification of unfair competition, through the sending of pre-action letters requesting the cessation of unfair competition, to the subsequent legally binding conclusion of any court proceedings.
We also assess our clients' conduct with regard to the possibility of exposing themselves to unfair competition, while striving to eliminate and minimize the possibility of a potential dispute as much as possible.
For more information, see the section T | R | C.