Preliminary check of documents
2. Checking documents
In the Enterprise Register, the State notary shall perform the same verification of the documents and data specified in the regulatory enactment regulating the activities of the relevant merchant, undertaking or other subject.
The documents shall verify whether:
- all documents provided for in regulatory enactments have been submitted, which are registered (attached to a case) or on the basis of which an entry shall be made in the register carried by the Enterprise Register;
- a document which is registered (attached to a case) or on the basis of which an entry is made in the register carried by the Enterprise Register shall have legal effect;
- the form of the document, which is registered (attached to the file) or on the basis of which an entry is made in the register carried by the Enterprise Register, conforms to the form specified in regulatory enactments or articles, if the regulatory enactment provides for the possibility to determine a specific form of the document in the articles of association;
- in a document which is registered (attached to a file) or on the basis of which an entry is made in the register carried by the Enterprise Register, the amount and content of the information and regulations included shall conform to the regulatory enactments and other documents in the registration file;
- A security instrument is not registered in the register carried by the Enterprise Register.
However, it should be noted that the Enterprise Register does not have a legal basis to carry out the verification of personal data and other data in the registers which are available to the Enterprise Register but do not have the responsibility of the Enterprise Register. The State notary of the Enterprise Register, when carrying out the screening of draft documents, shall not check:
- personal data in the Population Register of the Office of Citizenship and Migration Affairs;
- does not request a statement from the SRS regarding the absence of a tax debt if the exclusion of the subject from the register is applied for;
- data regarding the owner of real estate in the Land Register;
- whether a person is prohibited from doing business, whether the address or person is included in the list of risk addresses or persons, or the person does not have limited capacity to act, or the State Revenue Service has not commenced an audit;
- do not perform an examination of the private legal agreement of the shareholders of the capital company included in the articles of association.
If the applicant for the pre-verification wishes to obtain information from registers which are not under the responsibility of the Enterprise Register, the applicant must refer to the institution which is entitled to maintain the register.