Authors: Štěpán Štarha, Patrícia Jamrišková, Natália Tomčíková
Following a legislative change[1], the statutory bodies of companies as well as liquidators of companies in liquidation registered in the Commercial Register of the Slovak Republic (the “CR SR”) are obliged to register precisely specified additional identification data in the CR SR. The specific data to be registered are set out in the table below. The deadline for complying with this obligation is set to be no later than 30 September 2022.
| What person? | What data must be registered? |
| For natural persons in the capacity of, e.g. statutory body (executive director, member of the board of directors), member of the supervisory board, proxy holder, liquidator, head of the branch of the business of a foreign legal person, head of the business of a foreign legal person, statutory body of the founder of the branch of the business of a foreign legal person | Other identification data, if a birth identification number in Slovakia has not been assigned to the person, the passport or ID card number will also be considered as such other identification data |
| For natural persons in the capacity of a shareholder or sole shareholder in case of a joint stock company or simple company for shares | Date of birth Birth identification number or other identification data, if a birth identification number has not been assigned to the person in Slovakia, the passport or ID card number will also be considered as such other identification data |
| For legal persons in the capacity of a shareholder, a sole shareholder (in case of a joint stock company or simple company for shares) or the statutory body of the founder of the branch of the business of a foreign legal person | Identification number, if assigned to the person |
It is possible to register the missing identification data to the necessary extent either (i) with the next application to register a change of the registered data in the CR SR in another matter or (ii) with a separate application to register a change of the registered data in the CR SR, the subject matter of which will be exclusively the registration of the missing identification data.
The application for registration must be supported with official documents containing the additional data to be registered or with an affidavit with an officially certified signature. In the case of registering additional identification data only, no court fee is paid.
Failure to comply with this obligation within the set deadline may result in a penalty in the form of a fine. In such a case, the registry court may impose a fine of up to EUR 3,310 on the statutory body of the company, as well as on the liquidator of the company in liquidation, who fails to register or ensure the registration of additional identification data.
If you are interested, our team is ready to assist you in complying with this obligation.
[1] Act No. 390/2019 Coll., amending Act No. 513/1991 Coll., the Commercial Code, as amended, and amending certain acts.
