When authorising, a lawyer is an obliged entity under Act No. 297/2008 Coll. and must perform customer due diligence, including beneficial owner identification and verification, ownership structure checks, sanctions screening and politically exposed person checks. If ownership cannot be established or the client refuses cooperation, the lawyer cannot proceed. Prepare an ownership structure traced through to specific individuals.
Because Act No. 297/2008 Coll. on preventing the laundering of proceeds of crime requires it. A lawyer authorising agreements is an obliged entity and cannot authorise until customer due diligence, including beneficial owner identification, is complete. Ownership questions are therefore a statutory prerequisite, rather than curiosity.
The lawyer is an obliged entity when authorising
A lawyer is an obliged entity, among other circumstances, when providing legal services in forming, operating or managing a company (Section 5 of Act No. 297/2008 Coll.). The Act expressly identifies preparation of a document in a prescribed form as a point at which due diligence is required:
An obliged entity must perform standard customer due diligence […] k) when preparing an incorporation document in the form of a notarial deed recording a legal act, an agreement authorised by a lawyer or a document authorised by a lawyer under the Commercial Code.
— Section 10(2) of Act No. 297/2008 Coll. (unofficial English translation)
Standard due diligence is more than consulting one register. It includes identifying beneficial owners and taking reasonable verification measures, including establishing the client’s ownership and management structure. The lawyer may not rely exclusively on the register of legal entities (Section 10(1)). A beneficial owner is generally an individual with a direct or indirect interest of at least 25% in voting rights or registered capital, or control by other means (Section 6a). See who is a beneficial owner.
What the lawyer checks in practice
The Slovak Bar Association’s explanation of Presidium Resolution No. 20/6/2026 describes a combination of sources: Commercial Register and legal entity register extracts, RPVS entries, the client’s ownership chart, declarations, incorporation documents and shareholder structure, sanctions screening and politically exposed person checks. Appropriate foreign registers are used for foreign entities. The beneficial owner’s identity is not stored in the central authorisation register; only an indicator, source and verification date are recorded. Supporting documents remain in the lawyer’s records under Act No. 297/2008 Coll.
What if beneficial ownership cannot be established?
The Act is categorical:
An obliged entity must refuse to enter into a business relationship, terminate one or refuse a particular transaction if, for any reason, it cannot perform customer due diligence to the extent required by Section 10(1), or if the client refuses to demonstrate on whose behalf they act. It must also assess whether an unusual business transaction is involved.
— Section 15 of Act No. 297/2008 Coll. (unofficial English translation)
If the client refuses cooperation or the structure cannot reliably be uncovered, the lawyer will not authorise and will assess whether an unusual transaction requiring a report to the Financial Intelligence Unit is involved. Authorising without due diligence would breach both law and professional rules. This cannot be negotiated away for any agreement.
What to prepare
The process is much faster if you provide a current ownership chart traced to individuals, incorporation documents and parent-company member lists, information about arrangements changing actual control, such as members’ agreements, silent partnerships or concerted action, and foreign register extracts for foreign owners. Required identity documents for signatories are covered in documents for authorisation.
How we can help
We handle authorisation with the full AML checks through authorisation of agreements by a lawyer. A company’s own AML arrangements are covered by AML for businesses, and complex transaction structures by company sales and purchases.
For multi-layer structures, send the chart in advance. We will assess the evidence needed so verification does not delay the transaction itself.
This answer provides general information on the law as at 29 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
