Yes, if you prove entitlement to use the reserved name when filing the registration application. Identity with a name reserved under Section 51(2) of Act No. 29/2026 Coll. is not an obstacle to registration where the applicant (for an s.r.o., all the managing directors) proves such entitlement. The provision does not specify by what document; in practice, written consent from the party that reserved the name, given for the specific company, is the way to do it. Without entitlement the name remains blocked until the reservation lapses.
When a company is formed by several founders, it may happen that one of them arranges the name reservation, and does so in their own name, because the company does not yet exist and someone has to file the request. The Act does not preclude this: a request for reservation may be filed by anyone with a legal interest in the reservation (Section 110(1) of Act No. 29/2026 Coll.). The question is what happens when registration of a company under the reserved name is proposed and the application is not filed by the person who reserved the name. The application to register a formed s.r.o. is filed by all the managing directors (Section 46(3)), and they need not be the same person as the party that reserved the name.
What the registry court examines on registration
Before registering a business name, the registry court or registrar examines whether the proposed name is identical with a name in the register of reserved business names. If it is, the Act decides according to the applicant’s entitlement:
Identity of the proposed business name, name or designation with a reserved business name, name or designation is not an obstacle to registration where the applicant proves entitlement to use the reserved business name or name.
— Section 51(2) of Act No. 29/2026 Coll. (unofficial English translation)
A reservation therefore does not presuppose that the company must be formed by the party that requested it. The applicant must, however, prove entitlement to use the reserved name. If that fails, a condition of registration is unmet and registration is not carried out (Section 59(1)); objections against the refusal may be filed within 15 days of delivery of the notice (Section 60(1)).
How to prove entitlement
Section 51(2) does not specify by what document entitlement is proved. The register of reserved business names records details of the party requesting the reservation as well as of the reserved name and the legal form of the future company (Section 111(1)); only the name and legal form are published on the portal (Section 111(4)). The recorded details therefore show who filed the reservation, and this can be compared with who is filing the registration application and who is forming the company. From this follows a practical approach:
- The requesting party will not be a managing director (for example a member without the office of managing director, or a relative): attach to the registration application their written consent to the use of the reserved name for the specific company being formed. The consent should state precisely the name, the legal form and the founders.
- The requesting party is one of several managing directors or founders: here too it is sensible to have the same consent ready, because the Act does not specify how entitlement is assessed.
- Legal form: the reservation is recorded together with the legal form. You should therefore be clear whether you are forming an s.r.o. or another form as early as when the request is filed.
The business name is a mandatory part of the memorandum of association (Section 110(1)(a) of the Commercial Code), so the wording of the name in the memorandum, in the registration application and in the reservation must match to the letter.
When the requesting party refuses consent
Such a situation arises, for example, where future members fall out before formation. The Act does not regulate the transfer of a reservation to another person, and while it lasts no further reservation may be created for the same name (Section 111(5)). A reservation lapses on entry of the name in the Commercial Register, and otherwise no later than on the expiry of 60 days from delivery of the confirmation (Section 111(3)); the name is then released for anyone.
The court will also cancel a reservation of its own motion where facts are known to it which justify the conclusion that it is manifestly vexatious (Section 111(6)). You may notify it of such facts, but the Act requires the reservation to be manifestly vexatious and the outcome is not certain. Where the name matters less than the time, it is usually quicker to choose another name and amend the formation documents.
What we recommend
Decide who is to request the reservation before the request is filed, and secure consent to use the name straight away, not only when the registration application is filed. As part of business name reservation we arrange the requesting party so that it matches the future founders and managing directors, and we follow the reservation with formation of an s. r. o. in Slovakia including the memorandum of association with matching wording of the name. How a reservation works and what it does not protect is explained in can a business name be reserved before a company is formed, and timing is addressed in when to reserve a business name.
This answer provides general information on the law as at 12 September 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.
