Area: Poslovni SOS
Competent authority: MGRT, MP
EZU URL: .nan
Initiative ID: 164
Initiative accepted and completed: '2013-09-11'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-07-04'
Initiative published: '2013-07-04'
Initiative submitted: '2013-06-21'
Response from the competent authority: 'Response of the Ministry of Economic Development
  and Technology: By Constitutional Court Decision No U-l-311/11-16 of 25 April 2013,
  published in the Official Gazette of the Republic of Slovenia No 44 of 24 May 2013,
  the provisions of Articles 10a and 10b of the Companies Act (Official Gazette of
  the Republic of Slovenia, No 65/09 - officially consolidated text, 83/09 Coll.Article
  10a(6) prevents individuals who are subject to the circumstances referred to in
  this paragraph from establishing and acquiring the status of a partner in a company.
  The court shall examine of its own motion whether, at the time of the proposal to
  enter the establishment of a company in the register, grounds for restricting the
  establishment or the acquisition of the status of a partner have been established.
  The provisions shall also apply mutatis mutandis to the entrepreneur (Article 10a(5)).
  Article 10a(7) lays down the duration of the measure referred to in Article 10a(6),
  namely that the measure shall expire 10 years from the date on which the judgment
  becomes final or the false statement is made. Article 10b provides for a regime
  according to which the court must, ex officio, deprive an individual - a member
  of the management or supervisory body of a company subject to insolvency or compulsory
  winding-up proceedings - of the power of attorney or the right to conduct business,
  or recall him/her from the position of a member of the supervisory body of any company
  in which that individual holds such a position.The implementation of the above-mentioned
  provisions in practice has resulted in a prolongation of the time taken to register
  companies and sole proprietorships with the courts and the AJPES. The extension
  of the registration time, in connection with the specific problems of the registration
  authorities, record managers and others involved in the registration procedures,
  has led to the drafting of Amendment 1 to ZGD-1, which is expected to be discussed
  at one of the next sessions of the Government of the Republic of Slovenia. The objective
  of Amendment 1 to ZGD-1 is, among other things, to speed up the procedures for registration
  of companies and sole proprietorships, on the one hand, and to relieve the burden
  on the registration authorities and the record managers, on the other hand.'
Text file: 164.txt
Title: Setting up a company
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=164
