Granting a power of attorney
In the administrative proceedings before the SIDC it is possible to be represented by a natural person or by a legal entity. For this purpose, the party to the proceeding – the principal shall grant a power of attorney to a representative.
If a power of attorney is granted to a legal entity, the right to act on behalf of the principal shall ensue to the statutory body of the legal entity or to the person to whom the statutory body grants a power of attorney.
A power of attorney may be granted to several representatives. Unless a power of attorney granted to several representatives provides otherwise, they all shall act jointly.
Scope of the power of attorney
If a representative acts on behalf of a principal within the limits of an authorisation, then rights and obligations arise directly to the principal. The instructions given toa representative that do not follow from a power of attorney shall have no bearing on the legal effects of such acts, unless they were known to the persons with whom the representative dealt with.
If a principal acts in good faith or was aware or had to be aware of a certain circumstance, the same shall be deemed to apply to the representative, unless there are circumstances that the representative ascertained before the power of attorney was granted. A principal that does not act not in good faith may not rely upon good faith of the representative.
If a representative exceeded his authority arising from the power of attorney, then the principal shall only be bound if he approves such an exceeding of authority. If a principal fails to notify the person with whom the representative dealt with of his disapproval without undue delay after he ascertained the exceeding of authority, then it shall be deemed that the principal approved any such exceeding of authority.
If a representative exceeded his authority to act on behalf of the principal or if someone acts on behalf of another person without a power of attorney, he shall be bound by such acts, unless the person for whom he acted subsequently approves the legal act without undue delay. If a principal does not approve the exceeding of authority or the acting without power of attorney, the person with whom the representative dealt with may demand the representative to fulfil the obligation or to compensate the damage caused by his actions. This shall not apply if the person with whom the representative dealt with was aware of the lack of the power of attorney.
Delegation of the power of attorney
The representative may delegate the power of attorney to another person:
The principal shall be bound by the legal acts made by the other representative.
Termination of the power of attorney
A power of attorney terminates:
The power of attorney shall terminate upon the principal's death unless it provides otherwise. If a principal or a representative is a legal entity that was dissolved, then the power of attorney shall terminate only if the rights and the obligations of the legal entity are not transferred to a third party.
A principal may not validly waive the right to revoke the power of attorney any time.
Until the revocation of the power of attorney is made known to the representative, his legal acts have the same effects as if the power of attorney persisted. Any person who knew or had to have known about the revocation of the power of attorney may not rely upon these rules.
If the principal informs another person that he has granted power of attorney to the representative to make certain acts, he may claim revocation of the power of attorney in respect of such a person only if he notified the person of the revocation before the representative acted or if the person knew about the revocation at the time the attorney acted.
If the principal dies or if the representative terminates the power of attorney, the representative shall still carry out all that must not be delayed so that the principal or his legal successor does not sustain damage. Any such acts shall have the same legal effect as if the representation persisted unless they are inconsistent with what the principal or the principal's legal successors have arranged.
Letter of authorization
With a letter of authorisation, a legal entity grants its employee the authority to act in administrative proceedings on behalf of the legal entity- on behalf of its employer.
In contrast to the power of attorney, in this case, the legal entity continues to act towards SIDC as a party to the proceedings but acts through its authorized employee.
As part of the authorization, it is possible to authorize several employees of the given company.
On the basis of the above, it applies that in administrative proceedings the party to the proceedings, or his authorized representative, or a substitute representative, if substitution is permitted in the letter of authorisation, acts against SIDC.
Mandatory data in the power of attorney/ letter of authorisation
1) general – so-called general power of attorney for all legal acts that the authorized person can do on behalf of the principal; it can be expressed mainly in words for all legal acts, for proceedings in the Slovak Republic before all state authorities, for legal acts related to the activities of the SIDC in proceedings before the SIDC
2) specific - explicitly only for certain actions specified in a special power of attorney, e.g. only for all legal acts related to administrative proceedings in a specific registration matter, or only for applying, only for receiving delivered documents, only for changes in registration, only for cancellation of registration, etc.
Information on the signature of the principal in the power of attorney/ letter of authorisation
A verified (notarised) signature is not required. (General statutory provisions on legal acts executed in writing apply to the signature of the principal.)
The power of attorney/ letter of authorisation can be signed physically or electronically:
To create a qualified electronic signature, it is necessary to have a qualified certificate and an application for creating a signature. A citizen's card with a chip is a certified means that serves as a carrier of cryptographic keys and a qualified certificate through which a qualified electronic signature can be created (e.g. in the free QES application).
For electronic submissions available on the www.slovensko.sk portal, which require authorization by a qualified electronic signature, it is necessary to have the D.Suite/eIDAS or D.Launcher application installed, which are available at https://www.slovensko.sk/sk /for download.
Method of submission of power of attorney/authorization
Frequently asked questions
The applicant shall submit a power of attorney granted by the proposed MAH for all legal acts in connection with the registration proceeding.
The applicant shall submit a new power of attorney granted by the newly proposed MAH for all legal acts in connection with the registration proceeding.
In case the principal is a legal entity the power of attorney shall be signed by the authorised signatory.
In case the principal is an individual the power of attorney shall be signed by such individual.
The template of the power of attorney or letter of authorisation is available here.
Nevertheless, SIDC shall accept documents which are not identical to the templates provided they contain required data as indicated above.
Yes. Please see - Scope of power of attorney/ letter of authorisation
Yes, please see - Term of the power of attorney/ letter of authorisation
No notarisation or apostile is required.
The principal may revoke the power of attorney or letter of authorisation at any time.
The principal must notify SIDC. Until such notification to SIDC the actions of the representative are binding on the principal.
