News

NEWSLETTER 1 / 2015

1. THE AMENDMENT OF COMMERCIAL CODE

Introduction of the institute a company in crisis

A Company will be in crisis if it is in insolvenceor insolvencethreatenswhen relation of own capital of the company and its obligations is less than 4 to 100 ( data set for the year 2016, in year 2017 relation will be  6 to 100,  since the year 2018 relation will be 8 to 100).Statutory bodies of the company are obliged to make a plan of appropriate and adequatemeasures, when the company is in the crisis.

2. NEW PUBLIC PROCUREMENTACT

The act brings these news:

  • European Unified Procurement Document as a document which replacescertificates proving that the conditions of participation determinedby the contracting authority.
  • Division of contractinto several parts. Order can be divided by contracting authority and a candidate can decide whether he will make an offer for every part.

3. ACT ON CRIMINAL LIABILITY OF CORPORATE ENTITIES

The Act exactly defines criminal acts that can be committed by a corporate entity. For example, it is a legalization of incomes from criminal activities, cutting of taxes and contributions, non-transfer of taxes and contributions, tax fraud. Moreover, it sets the ground for criminal liability, types of punishment, sentencing and criminal process against corporate entities.

4. THE AMENDMENT TO THE ACT ON THE VALUE ADDED TAX

Main changes:

  • the possibility of paying VAT after the receipt of the payment from the client for some group of VAT payers;
  • the cancellation of the reason for rejection of voluntary registration for VAT, if the entrepreneur does not deposit a guarantee. Newly, if the tax office set the obligation to deposit a guarantee and the entrepreneur does not pay it, the tax office will register the entrepreneur for VAT and the deposit will claim the guarantee as tax arrear.

5. NEW ACT ON ADMINISTRATORS OF APARTMENT BLOCKS

The new Act on the Administrators of apartment blocks was adopted with the reason to protect the owners of flats and non-residential premises and to improve the quality of administration of apartment blocks. The Act set the minimal requirements for providing of the administrator activities. Newly, the administrators shall fulfil the following conditions:

21
December

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NEWSLETTER 2 / 2014

1. NEW ACT ON SHORT-TERM RESIDENTIAL LEASE

The purpose of the newly adopted act governing the residential lease is to balance the rights and obligations of the lessor and the lessee in the so-called market residential lease. The act is in its nature a specific legal regulation to the Civil Code with the following changes:

  • shorter termination period can be agreed (1 month, 15 days in specific cases)

2. REVISION OF THE CIVIL CODE AND RELATED REGULATIONS

The adopted amendment is aimed against so called usury. The complex changes are introduced to practice mainly through the amendment of the Civil Code, but also of other acts, such as the Consumer Loans Act, Voluntary Auctions Act and the Consumer Protection Act. The most important changes are the following

3. REVISION OF THE ACT ON PROTECTION OF PERSONAL DATA

The amendment effective from 15 April 2014 after being vetoed by the president and repeatedly approved by the parliament introduces the several changes:

  • cancellation of the obligation to prepare safety directive for the providers of information systems connected to internet that do not contain the specific categories of personal data

4. NEW ACT ON THE CONSUMER PROTECTION IN SALE OF GOODS AT DISTANCE

This act introduces several changes, while it replaces the previous act on consumer protection in door-to-door and delivery sale, and it amends other related acts. It introduces mainly the following changes

5. REVISION OF THE LABOUR ACT

The aim of the revision is to eliminate the application problems that arise in connection with the agreements on works performed outside of work contract, and at the same time to eliminate the efforts directed at avoiding of insurance payments. This amendment sets out the maximum period for which the agreement on work performed outside of work contract can be concluded - 12 months

16
Marec

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NEWSLETTER 1 / 2014

1. NEW SHORT-TERM RESIDENTIAL LEASE ACT

The act regulates lease of residential apartments in private property and it is a specific legal regulation to the Civil Code. The act regulates lease relationship that last maximum of 6 years. Compared to the current regulation, the following changes are introduced

2. PROTECTION OF NATURAL PERSONS AGAINST USURY

The adopted amendment to the Civil Code plans to hinder usury practice. The following changes are adopted:

  • introduction of the usury definition in the Civil Code

3. REVISION OF THE DATA PROTECTION ACT

The amendment effective from 15 April 2014 and adopted after being vetoed by the president and introduces the following changes:

  • cancellation of the obligation to prepare safety directive for the providers of information systems connected to internet, which do not contain the so-called specific categories of personal data

4. AMENDMENT OF THE LABOUR CODE

The amendment shall eliminate problems concerning agreements on works performed outside of work contract, and efforts of avoiding social insurance payments.

16
Marec

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NEWSLETTER 4 / 2013

1. THE AMENDMENT TO THE NON-SMOKERS ACT

The Amendment to the Non-smokers Act effective from 1 July 2013 provides the following: Based on the changed definition of the facility of common boarding will be applied a smoking ban also in the facilities where meals are only served.

2. THE NEW DATA PROTECTION ACT

The new Data Protection Act No. 122/2013 Coll. as amended effective since 1 July 2013 provides these changes: The operator processing personal data of 20 and more entitled persons must delegate a personal data official, who will monitor compliance with legal provisions regarding personal data processing.

3. THE AMENDMENT TO THE FAMILY ACT

The Amendment t is effective from 15 June 2013. In the case of delay with the payment of the alimony under court´s decision, the legitimated person for alimony may ask for the interests from unpaid amount of alimony according to the civil law provisions.

20
September

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NEWSLETTER 3 / 2013

1. AMENDMENT OF THE CIVIL PROCEEDINGS CODE

The amendment introduces completely new definition of joint pleading consisting of at least 10 submissions delivered to the certain court by one participant on the same day. Each submission is subject to the court fee of EUR 1.

2. AMENDMENT OF THE FOREIGNERS ACT

Provisions regarding invitation were revised and the inviter shall be informed about obligations regarding the invitation of foreigner to the Slovak Republic. Should an application for the granting of temporary residence permit is not accepted by an embassy or a police body, these bodies shall provide applicant with the written information about the documents that shall be attached to the application.

3. THE NEW LANDOWNERS´ COMMUNITIES ACT

The new Act does not enable creation of communities without legal personality. Existing landowners’ communities without legal personality shall be transformed to communities being legal personalities. Transformation applications shall be filed to the register until 30 September 2013.

4. PUBLIC PROCUREMENT ACT AMENDMENT

In March 2013, the Amendment to the Procurement Act was adopted. We would like to point out the following provisions: Internet profile of contracting authority shall be free of charge and publicly accessible, whereby the course of the tender will be published therein. Potential suppliers shall be automatically notified about notified tenders.

20
September

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NEWSLETTER 2 / 2013

1. AMENDMENT TO THE PUBLIC PROCUREMENT ACT

Since Monday 18 February 2013 the amendment on the Public Procurement Act is effective and was adopted in accelerated procedure. The amendment has provided the following changes to public procurement:

2. PROPOSAL OF THE  NEW DATA PROTECTION ACT

The Ministry of Justice cooperated with The Office for Personal Data Protection are preparing new Data Protection Act that shall replace the current Act No. 428/2002 Coll.  as amended.

20
September

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NEWSLETTER 1 / 2013

1. THE AMENDMENT TO THE COMMERCIAL CODE

The amendment to the Commercial Code will be effective since 1 February 2013 and introduces the following changes:

2. CHANGE OF THE LATE PAYMENT INTERESTS

Interest for late payment in civil relationships shall be (for obligations that arose since 1 February 2013) 5 percentage points higher than basic interest rate of the European Central Bank as of the first day of late payment.

3. LONGER PERIODS FOR THE TAX AUTHORITY APPROVAL WITH COMPANY ESTABLISHMENT

The approval of the Tax Authority with the registration with the Commercial Register will be issued within 5 business days period from filling the application.

4. LIMITATION OF CASH PAYMENTS

Under the adopted Act No. 394/2012 on the limitation of cash payments, with the effect since 1 January 2013, the following payments are forbidden:

20
September

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