Service

Public Sector Partner, Whistleblowing, AML

We keep a sustained focus on and specialise in providing legal services to partners of the public sector under the Act no. 315/2016 Coll. on the Register of Public Sector Partners and on Amendments and Supplements to Certain Acts (hereinafter referred to as the "Act on Register of Public Sector Partners") and legal consultancy concerning the obligations of natural and legal persons under the Act no. 297/2008 Coll. on the Prevention of Legalisation of Proceeds of Criminal Activity and Terrorist Financing and on Amendments and Supplements to Certain Acts (hereinafter referred to as the "AML Act"). The Slovak legislation in this area reflects the legislation adopted at the European level applicable to all Member States. The most important source of law in this area is the Directive of the European Parliament and of the Council (EU) 2015/849 of 20 May 2015 known as the 4th AML Directive, and this area is also governed by the Regulation of the European Parliament and of the Council (EU) 2015/847 dated 20 May 2015 on information accompanying transfers of funds and Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing the 4th AML Directive by identifying high-risk third countries with strategic deficiencies. In the Slovak Republic, the sources of law for preventing money laundering include mainly the aforementioned AML Act, the Act on Register of Public Sector Partners, and currently the Act no. 52/2018 Coll. amending and supplementing the AML Act and amending and supplementing certain acts. Among other things, the linking aspect in this area of law that is related to the two above-mentioned laws, which can be referred simply as combating legalisation of proceeds from crime and financing of terrorism, is a proper identification of the beneficial owner of the relevant entity. The law firm provides its clients with a full range of legal services in Slovak and English language at a high level of quality, and with many years of experience. For partners of the public sector, we provide legal services consisting mainly in assessing the legal obligation to register with the register of public sector partners, performing activities of authorised person, monitoring legislative changes in relation to the register of public sector partners, submission of applications for registration, modification or objection in the case of refusal of registration of public sector partners and regular verification of beneficial owners of a public sector partner, including verification beyond the scope of the legislation relating to the register of public sector partners. The law firm started to provide legal services to public sector partners as one of the first authorised entities in the Slovak Republic.  The expertise and reliability of the law firm's legal services  in this field is evidenced by more than 500 clients – public sector partners registered with the register of public sector partners to date, for whom the law firm also performs the activities of an authorised person and legal advice under the Act on the Register of Public Sector Partners. The law firm is also experienced in proceedings initiated by the registration court on the basis of a qualified submission, in which decisions were made in favour of the client. In provision of other legal services in the above areas, the law firm specialises in particular in the development of Activity Programme aimed at preventing legalisation of proceeds from crime and financing of terrorism (hereinafter referred to as "Activity Programme") for each individual client with the necessary attachments to comply with the rationale and purpose of the Act. In drawing up an Activity Programme, the law firm respects the AML Act and the methodological guidelines and recommendations of the Ministry of Interior of the Slovak Republic and the relevant supervisory authorities. We create the Activity Programmes tailored to the clients' requirements, to accommodate precisely a list of unusual transactions, which can occur given the scope of the client's business activities and areas of operation. In addition to developing all client documentation, the law office also keeps the client informed of the related obligations, such as record keeping and employee training. We follow amendments to legislation, providing clients with high quality and knowledgeable services based on years of professional experience in the field. Full documentation prepared by our law firm ensures that the Activity Programme is accurate, legally perfect and developed by professionals in accordance with legal requirements. The competent control authorities may impose sanctions in accordance with law for failure to prepare the Activity Programme or for preparing it improperly.

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