Penalty or fine received for non-entry in the register of beneficial owners (ZPPDFT-1)
As of August 2019, the Financial Administration of the Republic of Slovenia (‘FURS’) began issuing payment orders against legal persons who did not register data on its beneficial owners in the Register of Beneficial Owners within 8 days of the entity’s registration in the Business Register of Slovenia.
Article 44 of the Law on the Prevention of Money Laundering and Terrorist Financing (ZPPDFT-1) imposes an obligation on beneficial owners to enter in the Register of Beneficial Owners legal persons entered in the Business Register of Slovenia, with the exception of the following exceptions:
- sole proprietors;
- individuals engaged in an activity on their own;
- single-person limited liability companies;
- direct and indirect budget user.
Fine
Article 167 of the ZPPDFT-1 further provides that a legal person who does not enter information about his beneficial owner or does not enter amendments is to be fined between EUR 6 000.00 and EUR 60 000.00 and the person responsible shall be fined between EUR 400,00 and EUR 2 000.00. Surveillance is carried out by the Office of the Republic of Slovenia for the Prevention of Money Laundering.
Notwithstanding clear legal provisions, legal persons receive payment orders with a fine even if they are not legally justified and have no basis in law.
Legal persons may apply for judicial protection against the order for payment within 8 days of service of the order for payment. If a legal person does not submit an application for judicial protection within the prescribed period, he shall be entitled to pay only half of the fine imposed.
If an illegal order for payment is issued, especially due to extremely high fines/penalties, the Law Firm Križanec is the subject of requests for judicial protection. Before submitting an application, we review the payment order received free of charge and assess the possibility of success in the application for judicial protection.
For more information, you can contact us via email: info@odvetnik-krizanec.si or call us on + 386 41 534 931.