AKMV I would like to ask you for advice. We are applying for funding from the Audiovisual Fund, and we need a confirmation stating that no proposal has been submitted for the applicant to be entered into liquidation, nor has bankruptcy been declared. From what we’ve found out, this confirmation is issued by the District Court, Commercial Register. The application can be submitted by post or in person. It should also be possible to submit it by email, but we couldn’t find a specific address, and we don’t want to risk sending it through a general registry email. We’ve adjusted a template based on another form. It should be fine like this. It seems there is no official form for this type of request. Could you please advise us on how to submit the application in the most efficient way so that it is processed as quickly as possible and doesn’t get lost? Also, is it possible to submit it electronically?
Request for Issuance of Confirmation of Bankruptcy, Liquidation, or Restructuring
QUESTION
ANSWER:
The application must be submitted to the District Court Bratislava I if the company is registered in the Commercial Register within the Bratislava region. It can be submitted electronically via the electronic registry email at podatelnaosba1@justice.sk or through the general electronic submission of the respective court at www.slovensko.sk. There is no official form required – it is sufficient to clearly state what you are requesting and identify the company for which you are requesting the confirmation.
The fee is 3 euros. You need to scan and attach a revenue stamp (e-kolok) of this value to your application.
The confirmation will be sent to the company’s electronic mailbox (e-schránka). If needed in paper form, it can later be converted by any notary. Some courts may also send the confirmation by regular post or to the electronic mailbox.
The processing time depends on the workload of the Commercial Register. There is no statutory deadline, but some courts reportedly issue it within a few days.
Confirmation of Bankruptcy
A confirmation that the company is not in bankruptcy (no bankruptcy was declared on the company’s assets), is not in restructuring, nor has bankruptcy proceedings been dismissed due to lack of assets or canceled due to lack of assets, is required, for example, when submitting an application for entry in the register of economic entities.
To obtain the confirmation of bankruptcy, it is necessary to submit a request for the issuance of the confirmation to the competent district court and attach a revenue stamp worth 2.5 EUR to the request. The request can be sent by mail, via slovensko.sk, or for faster processing through the electronic filing office (email) of the respective court. Attach the request and the revenue stamp to the email, both signed with an electronic signature, and send it. If you do not attach the revenue stamp, the process of issuing the confirmation will be delayed, as the court will first have to send you a notice to pay the fee.
If you want to authorize another person (e.g., a lawyer) to request the confirmation of bankruptcy or liquidation on your behalf, a power of attorney must be attached to the request.
The time in which the confirmation will be issued depends on the individual clerk and the workload of the court. Our experience, for example, with the District Court Bratislava I, is that confirmations are issued within approximately one week. This court sends the confirmation only by mail; delivery to an electronic mailbox is not possible. The District Court Banská Bystrica sends confirmations both by mail and to the electronic mailbox.
JUDr. Veronika Michalíková, MBA