Register of public sector partners and activity of authorised person
The register of public sector partners is an information system containing data on public sector partners, beneficiaries and beneficial owners.
In the article you will read about the legislation governing the Register, who is the authorised person and who is the beneficial owner.
- Who is the partner of the Public Sector Register?
- What does the Register of Public Sector Partners contain and who must be included in it?
- What is the relationship between the beneficiary and the Public Sector Partner Register?
- What are the penalties for non-compliance?
- Who is the Final User of Benefits?
Čo v článku nájdete:
- Register of public sector partners
- Who is and must be registered in the Register of Public Sector Partners
- How is it entered in the Register of Public Sector Partners?
- What is the relationship between the beneficiary and the Public Sector Partner Register?
- Final beneficiary
- What are the penalties for non-compliance?
Register of public sector partners
The Register of Public Sector Partners is a public information system containing data on public sector partners and their beneficial owners. The administrator and the operator of the register shall be Ministry of Justice of the Slovak Republic. The objective of the register is to increase transparency and the fight against corruption in the public sector. The Register of Public Sector Partners was established by law of February 2017, No 315/2016 Z.z. on the Register of Public Sector Partners. It is practically a legally established list of data on public sector partners.
What the Register of Public Sector Partners contains
The register of public sector partners shall contain the data entered in that register, information on the procedures for their registration, information on how to proceed in the case of an alert, change or deletion and penalties for breach of obligations. All details of the partners, their beneficial owners and the authorised persons who make the entry are entered in the Register.
Who is and must be registered in the Register of Public Sector Partners
Public sector partner natural or legal personwhich receives funds or assets from public sources or enters into contracts in the framework of public procurement. Simply put, they are natural persons, firms and organisations that operate in the public sector, namely any natural or legal person:
- receiving funds from the State; or from municipality
- which Accepts property, property rights or other property rights of the Statea public body, municipalities (municipalities, higher territorial unit) or health insurance;
- concluding a contract, framework agreement or concession contract Special Regulation (Law No. ANNEX on public procurement) e.g. a natural person concluding a sales contract with the public sector,
- which is Health care providerswhich has a healthcare contract with the health insurance undertaking;
- which is required to be registered under a special regulation (e.g. Act No 581/2004 Coll. on health insurance companies, Health Care Supervision, Thus Health Insurance),
- to which it was Advanced claim or by any other title the claim is due to the Statea state fund, a public institution, a municipality, a higher territorial unit,
- supplied directly or through other persons to persons referred to in point 1. 4. goods or services or acquires property from them, rights to property or other property rights, and at the same time knows or ought to know, having regard to all the circumstances that the services provided by it or the assets acquired by it, rights to property or other property rights relate to a contract under which a public-sector partner receives funds or acquires assets, e.g. a subcontractor supplying excavation works for the construction of motorways.
Important? As regards entities, predominantly active in the non-profit sector (e.g. civil associations, foundations or church organisations) are not public sector partnersThey are therefore not required to be entered in the APRS. However, this is not the case when such an entity supplies goods or services under a contract, framework agreement or concession contract, as defined in Public Procurement Act in order to obtain profit or acquire assets, rights to property or other property rights the general value of which exceeds the value of a consideration of EUR 100 000 (one-off) or EUR 250 000 (in several instalments). This means that in such cases, for example, a non-profit organisation is considered a public sector partner and has to be entered in the Register.
How is it entered in the Register of Public Sector Partners?
Entry authorised person. That’s a lawyer, notary, bank, auditor, or Tax advisor. These persons shall be responsible for the verification and correctness of the data entered in the register. We will be happy to advise you on this.
What is the relationship between the beneficiary and the Public Sector Partner Register?
The eligible person and the Register of Public Sector Partners are closely linked. The authorised person is a lawyer, notary, bank, auditor or tax advisor, registered in the APRS, acting on behalf of a public sector partner and fulfilling his obligations towards the register. A public-sector partner shall have an authorised person and shall be responsible for the accuracy and completeness of the data in the register.
? Online Register of Public Sector Partners available here. Data entered in the Register of Public Sector Partners (APVS) shall be made available in the form of an extract from the register and structured data enabling the search and further automatic processing of such data. In such a statement you will find the name of the partner, the beneficiary, the beneficial owners, the notification of their verification, the fines granted or the qualified initiative.
Final beneficiary
It is an important concept related to the Register of Public Sector Partners. The beneficial owner of a public sector partner is a natural person who effectively controls or controls a given partner or for whom the partner carries out its activities and benefits. It is a person who benefits really from a partner’s activities towards the public sector. The term is treated in two laws. The first is Law No 297/2008 Coll. on the Protection against Criminal Legalisation and the second is Law No 315/2016 Z. z., which focuses on the register of public sector partners.
What are the penalties for non-compliance?
If the application for registration indicate false or incomplete data on the beneficial owner or public officials § 4 (4) (a) (f), the obligation to submit an application for registration of a change in the registered data concerning the beneficial owner is not fulfilled within the time limit specified by the Paragraph 9 (1) or the prohibition under § 19, the registrant shall impose sanctions on:
- a fine to the public sector partner for the economic benefit that the public sector partner has received; if the economic benefit cannot be ascertained, the registrant authority shall impose a fine of between EUR 10 000 and EUR 1 000 000;
- a person who is a statutory body or a member of a statutory body of a public sector partner at the time of breach of obligations under the introductory phrase, a fine of between EUR 10 000 and EUR 100 000, the members of the statutory body shall be liable for payment of the fine under the previous sentence jointly and severally.
The register of the public partner, the authorised person and the beneficial owner are legislative rather difficult terms. The penalties for non-compliance are also relatively high. Avoid unnecessary problems, we will be happy to advise you. Sources:
- Act No 315/2016 Coll. on the Register of Public Sector Partners and amending certain laws
- Decree No 328/2016 of the Ministry of Justice of the Slovak Republic establishing templates for submissions to the register of public sector partners
- https://www.slov-lex.sk/empires/legal-regulations/EN/ZZ/2008/297/
