Area: Public Administration
Competent authority: MGRT
EZU URL: .nan
Initiative ID: 1001
Initiative accepted and completed: '2020-04-15'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2020-02-26'
Initiative published: '2020-02-26'
Initiative submitted: '2020-02-26'
Response from the competent authority: 'Answer from the Ministry of Economic Development
  and Technology:The Act on Amendments and Additions to the Act on Commercial Companies
  (Official Gazette of the Republic of Slovenia, No. 82/13), which in its transitional
  provisions also affected the Act on the Court Register (Official Gazette of the
  Republic of Slovenia, No. 54/07 - Official Consolidated Text, 65/08, 49/09, 82/13
  - ZGD-1H, 17/15, 54/17 and 16/19 - ZNP-1), established the obligation of sole proprietors
  (hereinafter referred to as: entrepreneur/entrepreneur/entrepreneur/entrepreneur/entity)
  and the subjects of registration in the court register (i.e. companies, institutions,
  cooperatives, economic interest associations), which are not the owners of the building
  at the business address indicated in the application, to attach to the application
  for registration in the Business Register of Slovenia or the Court Register a certified
  statement of the owner of the building that he/she permits the business entity to
  operate or carry out its activity at that address.The legislator''s aim in regulating
  this issue was, on the one hand, to prevent cases of business entities being established
  at addresses without the knowledge, permission or consent of the owners of the premises.On
  the other hand, it was intended to encourage business entities, their agents and
  entrepreneurs to take a more careful approach to regulating the legal-formal relations
  between themselves and the owners of the premises, premises, offices, etc., The
  implementing rules in the case of entities entered in the Court Register are regulated
  in Article 6 of the Regulation on the entry of companies and other legal entities
  in the Court Register (Official Gazette of the Republic of Slovenia, No. 43/07,
  5/10, 25/14, 54/15 and 1/18).The rules on the declaration of the owner of the building,
  which apply to entrepreneurs, are regulated in Article 74, paragraph 3 of the Companies
  Act (Official Gazette of the Republic of Slovenia, No. 43/07, 5/10, 25/14, 54/15
  and 1/18). 65/09 - Official consolidated text, 33/11, 91/11, 32/12, 57/12, 44/13
  - Decree of the US, 82/13, 55/15, 15/17 and 22/19 - ZPosS; hereinafter referred
  to as: ZGD-1), have been amended and supplemented by subsequent amendments to ZGD-1.An
  entrepreneur who is not the owner of the building at the business address or at
  the business address of the branch specified in the application must attach to the
  application a certified statement from the owner of the building that he/she allows
  the entrepreneur to do business at that address. The declaration does not need to
  be certified if the owner of the building makes a declaration at the SPOT or if
  the entrepreneur obtains a licence to operate from the Republic of Slovenia, a self-governing
  local authority or the competent state or municipal fund responsible for housing
  matters, pursuant to the law regulating residential buildings.The petition raises
  the question of why, in the case of a concluded rental agreement, the client must
  also submit a certified declaration from the owner of the building, as this is an
  unnecessary obstacle. The Ministry has already dealt with similar issues from clients
  with lease agreements. For example, the Ministry addressed this issue in a letter
  to the Single Contact Centre of the State Administration on 5 August 2014.The relevant
  part of the reply is quoted below. "The ZGD-1 does not provide for the formality
  of a declaration of the owner of the building, therefore, when assessing whether
  a certain document is equivalent to a declaration of the owner of the building in
  legal transactions (e.g., a lease agreement), it is necessary to proceed from the
  purpose of the declaration in each case, i.e., to inform the owner of the building
  that a registered gainful activity will take place at the address of the building.
  In order to ensure that the owner of the building on which the activity is to be
  carried out is in fact aware of the intention of the business operator, the legislator
  has provided that the signature of the owner of the building on the declaration
  or a similar document shall be authenticated''.   '
Text file: 1001.txt
Title: Certified landlord certificates
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1001
