By when, and for which persons, must personal data be added to the Commercial Register of the Slovak Republic?

You have surely noticed another obligation for entrepreneurs: adding identification data to the Commercial Register (ORSR). New symbols have appeared in the ORSR, and if you look up your company, you will see whether you have ✗ – and therefore have not added all the data – or ✓ – and everything is in order.

Companies registered in the Commercial Register of the Slovak Republic are obliged, by 30 September 2022 at the latest, to add identification data on:

• shareholders or partners, or the sole shareholder of a joint-stock company,
• statutory bodies or members of statutory bodies,
• heads of branches of enterprises,
• holders of commercial power of attorney (prokura),
• members of the supervisory body,
• liquidators,
• administrators carrying out forced administration and their deputies,
• heads of enterprises or of branches of enterprises of foreign legal entities,
• ultimate beneficial owners,
• persons conducting bankruptcy, restructuring or other similar proceedings in respect of a foreign person.

In many cases, this data was added directly by the Ministry of Justice of the Slovak Republic, which automatically added the identification data it had available from the register of natural persons. However, if you did not receive a notification in the company’s electronic mailbox by 31 May 2022 at the latest, this means that the ministry was unable to add the data to the Commercial Register automatically. In that case, the identification data must be added by the company’s statutory representative, who is responsible for meeting the obligation.

You can check whether your company has all its identification data registered through the online extract on the www.orsr.sk website, which will show you icons like these:

✗ – this means that not all the data required by law about this person is registered in the Commercial Register.

Conversely, if the following icon appears next to the registered persons in the Commercial Register

✓ – this means that all the data required by law about the person is registered in the Commercial Register, so you no longer need to add their personal data to the Commercial Register.

The obligation to add data applies to all forms of companies, including cooperatives, European economic interest groupings, European companies (SE), state enterprises, as well as enterprises / branches of enterprises of foreign persons.

WHICH IDENTIFICATION DATA MUST BE ENTERED IN THE COMMERCIAL REGISTER?

Under the current wording of Section 2(1)(e) of Act No. 530/2003 Coll. on the Commercial Register, the following data is registered for the natural persons listed above: “name, surname, place of residence, date of birth and birth number (rodné číslo) or other identification data if no birth number has been assigned”; for legal entities, their business name, registered office and identification number, if one has been assigned, are registered.