Making business of a foreign entity in Slovakia and formation of an organizational branch of a legal entity in Slovakia

Foreign entity is an entity with its registered office abroad the Slovak Republic.

Making business of a foreign entity within the territory of the Slovak Republic shall be understood according to the Commercial Code as making business by its entity or by its organizational branch.

The right to make business within the territory of Slovakia is from the date of registration of this entity ( date of registration of a company or of the organizational branch) to the commercial register.

The very favorite form of making business of a foreign entity is also formation of the organizational branch that shall be registered to the Commercial register on the basis of a written decision of a mother company that decides on organizational branch formation, nominates the responsible of the organizational branch and specifies how the responsible of the organizational branch is entitled to act.

The responsible of the organizational branch acts on behalf of the organizational branch and he is entitled to provide all legal acts regarding the organizational branch. In order to get registered as the responsible of the organizational branch to the Commercial register, a residential permit within the territory of the Slovak republic is required or residential permit within another EU member state. This does not regard the citizens of the EU and member states of OECD.

Business name of the organizational branch, its registered office and its legal form shall be registered to the Commercial register as well as the specification of its business name, object of business, data of the statutory body and of the responsible organizational branch and it is necessary to submit the estrait of Criminal record of persons entitled to act on behalf of the organizational branch.

As the organizational branch does not have its independent legal capacity, for the purpose of acting and representation to the individual administrative bodies, the written authorization from the mother company is needed.