How long does it take to register a data change in the business register?
The legal deadline for registration is 2 working days from the assignment of the case in court to a higher judicial official. In practice, it is usually 5 working days after receiving the signed documents from the client. The president of the court can extend the deadline by another 10 days for operational reasons. In practice, the deadline for registration is not respected, especially by the Municipal Court Bratislava III, where the registration procedure often takes several weeks.
Is the price for recording data changes in business register final?
The price includes legal services in connection with registration in the business register and a court fee of EUR 33. In the case of expanding the subject of the mentioned activity, it includes obtaining a certificate of trade authorization for an unlimited number of free trades. Tied trades and craft trades are possible for an additional payment of EUR 31.50 including VAT/pc. Obtaining authorization to perform activities according to special regulations (e.g. taxi service, freight road transport, temporary employment agency, etc.) is possible for an additional fee. Notary fees for verification of signatures on the client's side are not included.
Do I need an ID card with a chip?
No. It is sufficient if you sign the relevant documents yourself. In the case of selected documents, an official verification of the authenticity of the signature by a notary or at the registry office is required.
What is the deadline for submitting a proposal to enter data changes in the business register?
The law stipulates that if there are changes in the company (e.g. the general meeting decides to introduce changes in the company), the statutory body (executive) is obliged to submit a proposal to record the change of data within 30 days.
Since when are the changes in the company effective?
Change of business name, change of registered office, increase of share capital, decrease of share capital and appointment of a procurator are only effective upon entry in the business register, which has constitutive effect. The appointment and dismissal of the manager as well as the transfer of the business share are effective already by the decision of the competent body of the company (or by the entry into force of the contract on the transfer of the business share). The extension of the subject of activity to a trade is effective by qualified notification of new trades at the trade office, and the subsequent registration of new trades in the business register has only a declaratory effect.
How to appropriately change the subject of activity of the older company?
The designation of trades has changed quite often in the past. Therefore, it is not appropriate to expand activities based on activities that are registered in the commercial register of other (older) companies. We recommend choosing free trades according to the current list of recommended designations of the most frequently used free trades, which is frequently published by the Ministry of the Interior of the Slovak Republic. Binding and craft trades are exhaustively defined in Annex no. 1 and 2 to Act No. 455/1991 Coll. on trade entrepreneurship (Trade Act) as amended. You can also find the current
guide to choosing an activity subject in our consulting room.
What is the relationship of a partner, manager and procurator in a llc.?
A partner is a person who is the owner of a business share in the company. It decides what the business name of the company will be, what will be the subject of its activity, how the achieved economic result of the company will be dealt with and especially who will be the company's executive. The executive is a statutory body, i.e. a person through whom the company acts externally. The manager can be dismissed at any time by the decision of a single shareholder or the company's general meeting, if the company has several shareholders. Thus, the partner decides who will be the executive of the company, but the partner cannot act on behalf of the company until he is appointed to the position of executive. A procurator has a similar position as an executive, who is generally authorized to perform all actions on behalf of the company, except for the alienation and encumbrance of real estate, unless this is explicitly stated in the grant of the procurator. The procurator is appointed by the partner (or the general meeting). The law allows a partner to be an executive or proxy of the company at the same time.
What conditions must be met by the new manager, procurator and partner of the llc.?
Eligibility of persons in a limited liability company:
|
executive manager of the llc. |
procurator of the llc. |
partner in the llc. |
| tax debt |
it is not judged |
it is not judged |
must not be in the list of tax debtors |
| social security debt |
it is not judged |
it is not judged |
must not be in the list of debtors of the Social Insurance Company |
| health insurance debt |
it is not judged |
it is not judged |
it is not judged |
| execution in the Slovak Republic |
may not have
any execution |
it is not judged |
may not have
any execution |
| criminal integrity |
is examined when declaring a business (unexpired convictions in connection with business) |
is examined when declaring a business (unexpired convictions in connection with business) |
it is not judged |
| legal subjectivity |
a natural person who is an EU / OECD citizen or has a residence permit in the Slovak Republic |
a natural person who is an EU / OECD citizen or has a residence permit in the Slovak Republic |
natural or legal person, domestic or foreign without limitation |
