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November 03, 2023 | News November 2023 | Notary as a Registrar of Data in the Commercial Register

On June 20, 2023, the National Council of the Slovak Republic adopted an amendment to the Commercial Register Act, introducing the term “registrar”, which, according to the amendment, is any notary. Registrars will now be allowed to register data in the Commercial Register. According to the approved legislation, registration by a notary will take place on the basis of a registration application by an authorized person.

A positive effect of the amendment should be a fundamental increase in the number of registration places, which will enable a more efficient distribution of the burden on the registration system, especially in the cases of extensive registration needs.

As regards the introduction of notaries as registrars, the amendment became effective on November 1, 2023.

When representing a petitioner on the basis of a power of attorney, only a power of attorney granted to an attorney-at-law, a notary public, or a natural person who is an employee of the petitioner or an employee of a legal entity that is financially or personally related (affiliated) to the petitioner, will be accepted.

The details of registration by the registrar and the scope of registration of data in the Commercial Register by a registrar are regulated by Decree of Ministry of Justice of the Slovak Republic No. 389/2023 Coll. on Registration of Data in the Commercial Register by Registrars.

The acts of a registrar include entering data in the Commercial Register, registering changes to the entered data, and deleting the entered data.

The scope of registration by a registrar is defined in such a way that the registrar will be permitted to register a limited liability company in the Commercial Register (except for registration as a result of a conversion, cross-border conversion or change of legal form) with effect from November 1, 2023. However, as of January 1, 2025, the Decree allows for a registrar to register all entries, amendments to and deletions of data about registered persons in the Commercial Register.

In the case of using the services of a notary as a registrar, a flat fee of EUR 38 is added to the court fee. As of January 1, 2025, the amount of EUR 263 will be added to the court fee for the registration of a joint stock company.