Ústredný portál verejnej správy

Foreign statutory representative of the legal entity

Many legal entities are not established in Slovak republic or have foreign statutory representative/representatives. Due to slovak mandatory activation of electronic mailboxes for delivery, they have to be prepared for electronic communication from the government. You will find information about logging into the electronic mailbox or what software and equipment you need for a successful electronic communication with the authorities in this article.

According to the Act no. 305/2013 Coll. on e-Government, an owner of the electronic mailbox can log into the mailbox only with:

an identification card with an electronic chip (eID card) and personal security code (BOK),
residence card with an electronic chip and personal security code (BOK),
- alternative authenticator with an electronic chip and personal security code (BOK),
- means of electronic identification from another EU state (eIDAS)

For the purpose of logging into the electronic mailbox of legal entity foreign statutory representative can use these methods:

1. Empower other person – grant authorization to designated natural person WITH Slovak citizenship 

If the statutory representative of legal entity is a foreign citizen and does not have eID with electronic chip, he/she can´t log into an electronic mailbox. To do so, this person can empower other natural person (who is Slovak citizen and has eID with electronic chip or foreign citizen with residence card with electronic chip or alternative authenticator) for the access to the electronic mailbox of a legal entity. 

The application for authorization to access the electronic mailbox of legal entity needs to be send in paper form with an officially certified signature of the owner of the electronic mailbox of legal entity to the following address: 
Ministry of Investments, Regional Development and Informatization of the Slovak Republic, National Agency for Network and Electronic Services, Trnavská cesta 100/II, 821 01 Bratislava. 

It is necessary to check the Register and identifier of legal entity, entrepreneurs and public authorities to confirm that identification number or date of birth are correctly registered.

2. Empower other person - grant authorization to designated natural person WITHOUT Slovak citizenship 

Foreign statutory representative can grant authorization to access the electronic mailbox of its company also to foreign natural person with electronic identifier issued in EU member state (e.g. identification card with electronic chip (eID card). You can find the list of acclaimed means from other EU member states on the Central Government Portal.

How to:
Person, to whom authorization is granted, has to log into the electronic mailbox (as natural person) on the Central Government Portal and copy his/her unique identifier and provide it to the statutory representative or to the other person, who is granted with full access to the electronic mailbox of the company. The identifier has to be stated in the application for authorization to access the electronic mailbox in the field marked as an identification number or identifier of the person to whom is the authorization granted.

It is necessary to have correctly entered identification number or date of birth in Register and identifier of legal entity, entrepreneurs and public authorities.

The foreign person can find and copy his/hers identifier:

a) in the “Settings“ selection from the field “uri of mailbox owner“ – copy only what is marked in bold in our example:
    rc://cz/79d7d5a2-bdb6-4f4d-972a-076f19118cee_novak_vaclav,

b) in the eIDAS knot, during logging in, in the field “unique identifier“ – copy only what is marked in bold in our example:
    CZ/SK/79d7d5a2-bdb6-4f4d-972a-076f19118cee.

Granting authorization to access another electronic mailbox for the foreign person with the mean of electronic identification issued in EU member state is possible after the first successful logging into his/hers electronic mailbox (as a natural person).

3. Login with residence card with electronic chip

The issue of residence card with electronic chip is regulated by the Act no. 404/2011 Coll. on the residence of aliens. For access to the electronic mailbox of legal entity, foreign statutory representative has to send the application for establishment an electronic mailbox of foreign natural person with an officially certified signature of an applicant in paper form to the following address: 
Ministry of Investments, Regional Development and Informatization of the Slovak Republic, National Agency for Network and Electronic Services, Trnavská cesta 100/II, 821 01 Bratislava. 

It is necessary to have correctly entered identification number of a foreign statutory representative in the Register and identifier of legal entities, entrepreneurs and public authorities and the Register of natural persons. Without correct identification number, foreign statutory representativewill not be able to access the electronic mailbox of legal entity. You can request a relevant register for addition of correct form of identification number (mandatory identifier) in "statutory representative" section (name, surname, identification number).

4. Login with alternative authenticator

The alternative authenticator is a card with electronic chip issued for free and with 3 years long validity. 

The applicant can be a natural person without an official authenticator. Which means that the applicant can´t have an identification card with an electronic chip (eID card) or residence card with an electronic chip and at the same time he/she is also a statutory representative, a member of an statutory organ of a legal entity established in the Slovak Republic enlisted in Business register or the applicant is a head of its organizational unit. 

The applicant will apply for an issue of an alternative authenticator personally at the workplace of the Police Force. 

The application contains name, surname and date of birth of applicant, his/hers nationality, state and residence address, 6 digit code for personal security (BOK), company name and address of residence of the legal entity entered in the Business register and the signature of an applicant. The applicant has to prove all data with eID or passport.

If the data don´t correlate with data in the source register or they are not current, it is necessary to update them in the source register, so they correlate with data in the application for establishment of the electronic mailbox of the natural person. The card with an electronic chip will be sent to the address from the application.

If the foreign statutory representative with an alternative authenticator wants to access the electronic mailbox of a legal entity, it is necessary to send the application for establishment of an electronic mailbox of a natural person without Slovak nationality (in paper form) with an officially certified signature of the applicant to the following address:
Ministry of Investments, Regional Development and Informatization of the Slovak Republic, National Agency for Network and Electronic Services, Trnavská cesta 100/II, 821 01 Bratislava.  

The foreign statutory representative has to enter the correct form of the identification number in the Register and identifier of legal entity, entrepreneurs and public authorities and the Register of natural persons, or the access to the electronic mailbox of a legal entity will be denied (it is not technically granted). The foreign statutory representative can request a relevant register for addition of correct form of identification number (mandatory identifier) in "statutory representative" section (name, surname, identification number).

Ministry of Interior of the Slovak Republic will assign an identification number to the person without residence in the Slovak Republic upon request:            

Written request in Slovak language with the date of birth document; if the document is in a foreign language, an official translation
to the Slovak language is needed, the request has to contain a reason and the details (name, surname, identification number,
date of birth, place of birth, sex and nationality).

The application for providing notice of residence, certificate of identification number and assigning of identification number can
be sent to the following address:

 Ministry of Interior of the Slovak Republic
 Oddelenie správy registrov
 Register rodných čísel
 Nám, Ľ. Štúra 1 
 Banská Bystrica, 974 04 

You can find the procedure how to obtain the alternative authenticator in the following life situation:
How to apply for alternative authenticator

You can find more information about the alternative authenticator in the webpages of Ministry of Interior of the Slovak Republic 

WARNING

In case of official certification of the signature of the owner outside of the Slovak Republic, the application has to contain a superlegalization or apostille (if it is the state with Convention No. 213/2002 Coll. on the annulment of requirement of higher verification of foreign public instruments). Superlegalization and apostille aren´t required if the signature of the owner is officially certified in the territory of the states, with whose the Slovak Republic has two-sided agreements about legal help, which remove the requirement of higher verification of foreign public instruments.

Since the 16th of February 2019, the free movement of foreign public documents and their certified copies (including electronic documents) submitted by an authority of another Member EU State without apostille or superlegalization is applied within the REGULATION (EU) 2016/1191 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.

 

WARNING

National Agency for Network and Electronic Services disposes only with data values provided by the Register and identifier of legal entity, entrepreneurs and public authorities or the Register of natural persons. That means that if the identification data of statutory representative (name, surname, identification number) are different between these two reference registers, the access to the electronic mailbox of a legal entity is denied (it is not technically granted).

RECOMENDATION

Make sure which data you entered in Proposal for registration to Business register and in the attached documents. If the entered data are wrong, it is necessary to change them in Business register through the form Proposal to change the entered data through the Central Government Portal.

Last modified: 17. 2. 2021
Publication date: 18. 7. 2016