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ARTICLES, REFLECTIONS AND EXPLANATIONS TO HELP YOU NAVIGATE THE WORLD OF LAW

Do the obligations under the AML Act apply when the obliged entity provides a service as a subcontractor?

Our company is an ‘obliged entity’ under the Slovak AML Act. We provide services to clients whom we are obliged to, among other things, identify and verify identification. However, we often provide services to clients as a subcontractor, i.e. we do not have a direct contractual relationship with the client. We have a contractual relationship with the principal supplier of services to the client, and this principal supplier is usually part of the same economically and…

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Who Can Be Considered a Member of the Relevant Union Body Under Section 240 of the Slovak Labour Code?

Our company has a trade union whose activities are governed by its statutes. According to these statutes, the trade union has established three bodies: the board of directors, the executive board, and the supervisory board. Each of these bodies has at least three members. According to our trade union’s opinion, every member of any of these bodies, regardless of which one, is considered a “member of the relevant union body” as defined by the Labour Code. This means…

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How to properly publish photos and charts on the internet for promotional purposes?

We provide services in the online space and publish various articles and videos on our blog, where we explain the use of some of our services. To enhance these articles and videos, we include photos of famous actors and singers or other images and charts. All these images and charts have already been published on the internet, and we always cite the source. Is this sufficient? And if we use images and charts to promote our services,..

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Who is considered an obliged entity under the Whistleblower Protection Act in Slovakia from September 1, 2023?

We are an asset management company operating under the Slovak Act on Collective Investment. Our sister company in the Czech Republic has been required to comply with the new Czech Whistleblower Protection Act since August 1, 2023. This is an obligation arising from the amended Czech AML Act, according to which all obliged entities under the AML Act must also fulfil the obligations under the new…

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How simplified due diligence is conducted for public administration entities under the Slovak AML Act?

Our company is considered an obliged entity under the Slovak AML Act (Act No. 297/2008 Coll.). Our clients include public administration entities, such as ministries, higher territorial units, and municipalities. The AML Act stipulates that for public administration entities, simplified due diligence is sufficient. What does this mean in practice? Representatives of clients we consider…

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What are the options for negotiating price reductions after tenders have been submitted in the public procurement process?

Our organization is procuring services as a public contracting authority. In the tender, we received two offers. In one case, the bidder did not meet the participation requirements. In the other case, the participation requirements are met, but the offered price is too high for us. Currently, it does not exceed the estimated contract value, but since the contract is…

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The registration of a foreign law-governed pledge over an aircraft operated by a Slovak air carrier

Our corporation is based in Germany and owns an aircraft which is operated by a Slovak air carrier and which is registered in the Slovak Aircraft Register. We are consolidating our external financing, and our bank asked us for additional security for the provision of better financing conditions. We offered to pledge the aircraft, which we are leasing to a Slovak company. Our bank wants to establish and…

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Possibility of evicting non-residential premises before a final court decision on property eviction

We are an organization established by a special law under which we also manage state-owned assets. The assets under our management include real estate, including non-residential premises. We had rented out one of these non-residential premises, but the rental agreement expired and thus the rent ended. We formally requested the tenant to vacate the premises, but they did not comply and continued to use…

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Can employment be terminated during the probationary period verbally and during the employee’s sick leave?

We entered into an employment contract with an employee and negotiated a probationary period in the employment contract. During the probationary period, it became evident that the employee did not have sufficient qualifications and we lacked the capacity to train him. We decided to terminate the employment during the probationary period. Since the employee…

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