At the Enterprise Register (ER), the state notary carries out the same documentary check as required by the legislation regulating the activity of the relevant merchant, company or other entity.
The following are checked in the documents:
- whether a person has submitted all documents required by the legislation for registration (added to the file) or on the basis of which an entry is made in the register kept by the ER;
- a document to be registered (added to the file) or on the basis of which an entry is made in the register kept by the ER has a legal effect;
- whether the form of a document to be registered (added to the file) or on the basis of which an entry is made in the register kept by the ER complies with the requirements of the legislation or the articles of association, if the legislation provides for a possibility to determine a specific form of document in the articles of association;
- whether the amount and the content of the information and the conditions contained in the document to be registered (added to the file) or on the basis of which an entry is made in the register kept by the ER comply with the legislation and other documents added to the registration file;
- whether a security is entered in the register kept by the ER.
Please note that the ER is not entitled to verify personal data or other data in registers available to it but not kept by the ER. During the verification of the draft documents, the state notary of the ER does not check the following:
- personal data in the Population Register kept by the Office of Citizenship and Migration Affairs;
- does not request a statement from the SRS regarding the non-existence of tax debts if an application for removal of an entity from the register is submitted;
- data on the real property owner in the Land Register;
- whether the person is a subject to a prohibition on conducting a business; whether the address or the person is entered in the list of risk addresses or persons; whether the person has restricted legal capacity; and whether the SRS has initiated an audit;
- does not verify the private-law agreement of members (shareholders) of a capital company included in the Articles of Association.
If you request the preliminary check and you wish to obtain data from registers that are not kept by the ER, you must contact the authority entitled to keep the relevant register.