The most fundamental obligation of a public sector partner wishing to start drawing on, or continue to access, public funds is to be entered in the Register of Public Sector Partners (RPVS). This register took over the functions of the register previously kept by the Public Procurement Office and is administered by the District Court in Žilina. Entry in the RPVS is preceded by a verification process, which may only be carried out by an authorised person (a lawyer, notary, auditor, bank or tax adviser). Our law firm is one such authorised person and can arrange both the verification and the subsequent entry in the RPVS for you.
What obligations does a public sector partner have towards the authorised person?
An entry in the RPVS cannot be made without an authorised person. As a public sector partner, you therefore have certain obligations towards the authorised person, as follows:
1. Cooperation
As a public sector partner, you are obliged to give the authorised person your full cooperation in verifying the identity of the beneficial owner. If you fail to do so, the authorised person may end the relationship and have themselves removed from the register. If they are removed at the authorised person’s request, you must arrange for a new authorised person to be registered within 30 days at the latest. This new authorised person must then carry out the identification of the beneficial owner.
2. Duty to report changes without delay
If there is a change of beneficial owner, you as the public sector partner must inform your authorised person without delay. The authorised person must then report the change within 60 days of it occurring and submit it, together with a verification document, as part of the application to register the change.
3. Responsibility for the accuracy of the data entered in the RPVS
The public sector partner and the authorised person entered in the register are jointly responsible for the accuracy of the registered data, the identification of the beneficial owner and the verification of the beneficial owner’s identity. A breach of this obligation may result in penalties such as a fine, removal from the register, disqualification of the statutory bodies, or even criminal liability.
4. Credible proof that the beneficial owner data are true and complete
In proceedings under Section 12 of Act No. 315/2016 Coll. on the Register of Public Sector Partners and on amendments to certain acts, the public sector partner must credibly demonstrate that the beneficial owner data entered in the RPVS are true and complete. The burden of proof therefore lies with the public sector partner, and failure to discharge it may even lead to removal from the RPVS.