LEGAL SERVICES
CONCISE | CLEAR | PRUDENT
We are attorneys who can quickly analyse a situation, navigate the risks, and propose a practical course of action towards the desired goal.
We are relied upon by multinational corporations, banks, investment companies, consulting firms, and small and medium-sized businesses.
Something about us
Care
We believe that our clients’ affairs should be taken care of at least as diligently as our own.
This is why each of our clients receives top-notch legal services. We find the best possible solution to address their legal issues.
A desirable outcome
We believe that every legal situation has a practical solution and that this can be reached in order to bring about a desirable outcome.
This is why we always look for ways to get things done, mitigate the risks, and find simple and logical solutions even for complex problems.
Balance
We believe that relationships should be balanced and based on being partners.
This is why we cultivate openness, authenticity, and reliability in our relationships: providing services on transparent terms, estimating our hours in advance, and meeting agreed deadlines.
People are what matters
We believe that behind every client there are individual people. We care about their personal and corporate stories, aspirations, and goals.
This is why we make sure that our clients enjoy interacting with us and are always in a better position than before.
Clear legal language
We believe that even complicated matters can be described and explained simply, clearly, and concisely.
That’s why our texts are easy to read and understand for anyone – which makes them persuasive and trustworthy.
Why BROOK and why PARTNERS?
BROOK – For me, a brook is a symbol of purity, transparency, development, and perseverance. It flows with confidence and always finds a way forward.
The Slovak word for brook is “riečka”. Riečka is also the name of a small village near Banská Bystrica which is where I come from and where I have my home office.
PARTNERS – I value partnership, and I take it as a basic principle of my work with both colleagues and clients. I try to inspire others and lead by example.
“Brook Partners is a combination of transparency, perseverance, and a partnership-based approach towards clients and colleagues.”
Jana Štulrajterová,
CEO, Brook Partners
How we can help you
Financial
services
services
Financial
compliance
compliance
Public
procurement
procurement
Employee
relations
relations
Financial services
Strong legal support for banks, payment institutions, securities traders, electronic money institutions, investment fund managers and crypto-asset service providers
Collaboration with cash handlers, ATM network operators, card transaction facilitators, and technology solution providers for financial institutions
Representation in licensing proceedings before the National Bank of Slovakia, including the drafting of licence application documents
Elaboration and updating of template contract documents, elaboration and negotiation of transaction documents
IT contracts and IP law
Civil
disputes
disputes
Administrative
procedure
procedure
Property
relations
relations
IT contracts and intellectual property law
Copyright licensing, advising on intellectual property issues, including the protection of copyrights and industrial property rights
Advising on the regulation of digital services, digital markets, and artificial intelligence on a European level
Preparation of contractual and corporate documentation considering the technical requirements for IT systems of start-ups and established IT companies
Trademark registration, trademark protection, know-how, domain names, IT products and IT services
Our lawyers
Jana Štulrajterová
An attorney with 20 years of experience
Marianna Čopíková
An attorney with 10 years of experience
Referrals
“We have been working with Jana Štulrajterová and her team for many years in fields such as financial regulation and matters related to the National Bank of Slovakia as well as on labour issues and public procurement. The delivered services are of a high professional standard, to the point, and on time. I am very glad that Greats can rely on such a partner for its clients in Slovakia.”
Jakub Joska, Associate and Partner, Greats
“There is excellent cooperation in treasury, corporate matters, work-out cases, and litigation. Jana Štulrajterová and her team provide a meticulous, prompt, and client-centred service.”
Richard Földeš, Director of Legal Services, SLSP, a.s.
“I worked with Jana Štulrajterová during my tenure at Tucan, s.r.o. She helped us with various legal matters related to running a travel agency as well as with GDPR implementation. I rate our collaboration over the years as truly exceptional. What I appreciate most about Jana is her high professionalism and human touch. That is why I recommend her services to anyone looking for first-class quality combined with a personal approach.”
Rudolf Hodák, lawyer
“Jana Štulrajterová has been providing legal services to XTB S.A. for over ten years. She knows the legal history of our company, and we can rely on her in any situation. The opinions she sends us are of superb quality and in several languages. They are clear, concise, and easy to follow in the real world.”
Jana Švecová, Compliance Specialist at XTB Slovakia
"I have been working with Jana Štulrajterová for more than twenty years. Working with her is always excellent and enriching. In addition to her professionalism, I appreciate her accountability, reliability, and human touch. Despite having handled complex issues for various multinational companies (e.g. divesting an international company, transferring rights and responsibilities, implementing a Chinese wall, and negotiating employee benefits and compensation packages), I never felt stressed or worried. Our cooperation takes place in a friendly and pleasant atmosphere. I would especially like to highlight her proficient command of English, which she uses brilliantly in her work. I wish we had more people like Jana in Slovakia.”
Peter Žigmund, Executive Manager, MCW, s.r.o.
“I've been very pleased with the quality and efficiency of Marianna's work. It's a relief to team up with someone who you can rely upon.”
Adrian Bronson
“Our company is in the payment services business. We were planning to expand our cooperation with a business partner operating in the CEE region with outreach to other countries. We approached Jana with a request to assess the legal framework for cooperation and to help us draft an agreement. With her expertise, systematic approach, and diligence we were able to quickly progress through joint negotiations and eventually conclude a strategic cooperation agreement.”
Jarmila Remeňová, CEO and Vice-Chairperson of the Board, SKPay, a.s.
“I have been working with Jana Štulrajterová as part of the BDO Group as well as personally since 2008. Recently, in a meeting with a partner, I introduced Jana – saying that she is a person I would trust with the keys to my own apartment. And I really meant it. I appreciate the fact that she meets deadlines and is reliable. I also admire her preparedness to admit that she may not always be 100% knowledgeable of a specific area of law rather than put us at risk.”
Peter Gunda, Managing Partner of the BDO Group in Slovakia
Recent posts
Can the place of work performance be regulated by an internal regulation?
One of our employees has an employment contract specifying that her place of work performance is at our two facilities. However, we now want her to work from only one of these facilities and we want to prevent her from freely choosing which of the two facilities she works from. We have informed the employee that it is no longer possible for her to work from the second facility and have requested that, from a certain date, she only works from the address of the first facility. The employee is objecting, claiming that this is a change to her employment…
If a husband co-signs a statement of guarantee with his wife, does he guarantee a debt with his separate property, which is not part of the community property?
My wife is an entrepreneur, and she holds multiple shares in various companies. Since she owned these shares before our marriage, I assume they are not part of our joint ownership of spouses (similar to community property under common law and referred to as BSM in Slovak law). Only the income generated from these shares during our marriage, such as dividends, might be considered part of our joint ownership of spouses. One of my wife’s...
Is it possible to transfer employees from one company to another without transferring any other assets?
Our company provides services in a very specific area of information technology combined with financial services. At present, there is a shortage of qualified workforce in this field in the labour market. We are negotiating the provision of such services with a large company, which is currently receiving these services from another company. This other company currently employs most of the qualified staff for this specific area available in the labour market. However, the current service provider is ceasing...
What is the period for a securities trader to handle customer complaints?
We are a securities trader operating in Slovakia under the Single European Passport. We aim to standardise our complaint handling policy to be consistent across all our branches operating within the European Union. Does the requirement that a customer's complaint against the conduct of a securities trader must be resolved within 30 days of receipt apply in Slovakia as well? Is it possible to extend this complaint handling period? If so, in what cases and to what extent? Do we need the customer's consent to extend the complaint handling period? And can...
What is the proper way to consult employee termination notice with trade unions?
There is a trade union in our company. Recently, the organisation of our work has changed significantly, and a large portion of our employees and managers, including trade union representatives, work remotely. Most of our meetings take place online through Zoom or MS Teams. We would also like to hold meetings with trade union representatives this way. Our question is whether we can consult termination notices in accordance with Section 74 of the Slovak Labor Code online. We also want to know if we are obliged to present the actual text of the termination notice to the trade...
Are the Conditions for Providing Czech Long-term Investment Product and Slovak Long-term Investment Savings the Same?
We are an international investment company with a branch in Slovakia authorized to provide certain investment services. We have a similar branch in the Czech Republic where we offer the so called “long-term investment product (DIP)” to our clients. We plan to introduce a similar version of this product in Slovakia. We know that Slovakia has also implemented a tax-advantaged long-term investment savings (DIS) plan. We assume that since we can offer DIP in the Czech Republic, we can offer DIS in Slovakia under...
Can an employee's salary be paid into a bank account held in a foreign bank?
An employee asked us to send his salary to a bank account held in a Czech bank. While this is an account in euros, it is not an account held by a Slovak bank or a Slovak branch of a foreign bank. We responded to the employee that although we would like to accommodate his request, we cannot comply as it contradicts the provision of section 130 subsection 8 of the Labor Code. This provision explicitly states that an employer is obliged to transfer wages to an account specified by the employee in a bank or a branch of a…
Is it possible under Slovak law for a third party to acquire ownership of our aircraft engines by installing them in their aircraft?
We are an American company operating in the air transport sector. We have signed a lease agreement that allows us to operate an aircraft with a Slovak air carrier. The lease agreement includes a provision where, with our consent, the Slovak operator may remove the engines from the leased aircraft and install them in an aircraft owned by a third party. However, the operator must contractually ensure, even with our consent, that our ownership rights to the removed engines are preserved. This means...
Can one-month notice be agreed for student part-time work?
I am a student and I have entered into an agreement for student part-time work for one year. The agreement states that in the event of termination by the student, the notice period is one month from the first day of the calendar month following the receipt of the notice. I have had agreements for student part-time work before, but I have never come across such a notice period. In my three previous contracts, either nothing was stated about the notice period, or it was 15 days with the period starting from the delivery of the notice. I noticed this…
When might it be appropriate to repay a loan for another person and how?
My brother is having trouble repaying his loan. In fact, he has problems with his overall ability to manage his finances. He tends to take out more loans than he can pay back, he trusts various friends who convince him to lend them money, and he is willing to go into more debt even though he is having trouble paying back the loans he has. When my parents' estate was settled, we agreed that the apartment would go to my brother. However, my brother established a mortgage on this apartment to secure his loans. Since he was not repaying the…
What are the consumer's rights if the retailer fails to remedy the claimed defect within 30 days?
We bought an appliance (washing machine) for our household based on an online order. We did not extend the warranty period, so the normal two-year warranty applies. After a year and a half, the washing machine broke down. After the tedious process of reporting the fault through the seller's call centre, we contacted a service person who diagnosed the problem and ordered a replacement electronic control panel for the washing machine as they didn't have one in stock. It is now the 25th day since the fault was reported and the control panel has not yet been delivered. We regularly...
Can we disinherit a mentally ill son on the grounds that he "leads a permanent disorderly life"?
Our 55-year-old son has been a psychiatric patient for more than a decade. In addition to various neuroses, he has been diagnosed with psychotic depression. He is treated at home but is constantly on medication. He has not been able to manage his finances for a long time. He has had a problem with his finances since he was a young man and has lost all his assets, including those of his wife. As a result of our helping him - through loans and and guarantees - we have also suffered a considerable loss of assets.
How to verify client’s address in compliance with Slovak AML Regulations
Being a provider of online financial services in Slovakia, operating under the European single passport license, we are classified as an 'obliged entity' under the Slovak AML Act. This requires our adherence to specific AML obligations, including obligation to verify our customers' addresses. The current interpretation of the Slovak AML Act indicates that this verification process must involve the customer's identification document (ID) and an additional document, such as a utility bill, to confirm their address. However, in other European Union countries, we utilize more...
How to acquire a duplicate of birth or marriage certificates from Slovakia while being abroad
As Slovak nationals living on a different continent, we do not plan to visit Slovakia soon. However, we need valid duplicates of our Slovak birth and marriage certificates for legal proceedings in our country of residence. We are curious about the speed of obtaining these duplicates if we were to visit Slovakia solely for this purpose. Additionally, we are exploring whether it is feasible to obtain these documents from Slovak authorities while abroad, especially for those unable to visit the Slovak Civil Registry offices in person.
Can employment be terminated during the probationary period verbally and during the employee's sick leave?
We entered into an employment contract with an employee and negotiated a probationary period in the employment contract. During the probationary period, it became evident that the employee did not have sufficient qualifications and we lacked the capacity to train him. We decided to terminate the employment during the probationary period. Since the employee worked from home, we asked him over the phone to come to work so we could deliver the notice of termination. However, the employee did not return to work and sent us a notice of...
What are the specifics of aircraft leasing and aircraft repossession in Slovakia
Our US corporation has recently expanded by acquiring a new business that leases aircraft to aviation companies in Eastern Europe, including Slovakia. We are looking to understand the specifics involved in such leasing arrangements. This includes the requirements for lease registration, any special terms we should be aware of, US choice of law possibilities, and any stamp duties that need to be paid. Additionally, a critical aspect for us is to know the process for repossession of the aircraft by the lessor or by the mortgagor in cases of...
How to enforce a debt, which a third party owes to your debtor in Slovakia
For over five years, we have had a stable business relationship with a Slovak company, supplying them with various products. Initially, they consistently paid our invoices, but they eventually stopped paying, leading us to threaten legal action. In response, they signed a notarial deed acknowledging their debt and agreeing to asset enforcement if they did not pay within a set timeframe. Unfortunately, they failed to meet this obligation, prompting us to start execution proceedings. During these proceedings, we learned that our debtor...
Is it necessary to regulate home-office work by an employment or by special contract?
Our sister company based in the Czech Republic made it possible for the Czech colleagues to work from home-office by concluding a separate agreement. The Czech Labour Code allows for such arrangements, and it also allows the employer to terminate such agreement. However, we did not find such a possibility in the Slovak Labour Code. So, can we regulate home-office work for our Slovak employees in the employment contract or should we conclude a separate agreement like...
How to secure copyright in a software development contract?
We are a contracting authority and we are preparing tender documents for the procurement of a software solution to ensure the digitisation of part of processes covered by our institution. Previously, we have used service contracts or contracts for work, in which the licensing rights for the use of the software were regulated in general terms only. But then, on one occasion, we were contacted by an associate of our software vendor who claimed to have been involved in the development of the software solution and...
Do the obligations under the AML Act apply when the obliged entity provides a service as a subcontractor?
Our company is an ‘obliged entity’ under the Slovak AML Act. We provide services to clients whom we are obliged to, among other things, identify and verify identification. However, we often provide services to clients as a subcontractor, i.e. we do not have a direct contractual relationship with the client. We have a contractual relationship with the principal supplier of services to the client, and this principal supplier is usually part of the same economically and...
Who Can Be Considered a Member of the Relevant Union Body Under Section 240 of the Slovak Labour Code?
Our company has a trade union whose activities are governed by its statutes. According to these statutes, the trade union has established three bodies: the board of directors, the executive board, and the supervisory board. Each of these bodies has at least three members. According to our trade union's opinion, every member of any of these bodies, regardless of which one, is considered a "member of the relevant union body" as defined by the Labour Code. This means...
How to properly publish photos and charts on the internet for promotional purposes?
We provide services in the online space and publish various articles and videos on our blog, where we explain the use of some of our services. To enhance these articles and videos, we include photos of famous actors and singers or other images and charts. All these images and charts have already been published on the internet, and we always cite the source. Is this sufficient? And if we use images and charts to promote our services,..
Who is considered an obliged entity under the Whistleblower Protection Act in Slovakia from September 1, 2023?
We are an asset management company operating under the Slovak Act on Collective Investment. Our sister company in the Czech Republic has been required to comply with the new Czech Whistleblower Protection Act since August 1, 2023. This is an obligation arising from the amended Czech AML Act, according to which all obliged entities under the AML Act must also fulfil the obligations under the new...
How simplified due diligence is conducted for public administration entities under the Slovak AML Act?
Our company is considered an obliged entity under the Slovak AML Act (Act No. 297/2008 Coll.). Our clients include public administration entities, such as ministries, higher territorial units, and municipalities. The AML Act stipulates that for public administration entities, simplified due diligence is sufficient. What does this mean in practice? Representatives of clients we consider...
What are the options for negotiating price reductions after tenders have been submitted in the public procurement process?
Our organization is procuring services as a public contracting authority. In the tender, we received two offers. In one case, the bidder did not meet the participation requirements. In the other case, the participation requirements are met, but the offered price is too high for us. Currently, it does not exceed the estimated contract value, but since the contract is...
The registration of a foreign law-governed pledge over an aircraft operated by a Slovak air carrier
Our corporation is based in Germany and owns an aircraft which is operated by a Slovak air carrier and which is registered in the Slovak Aircraft Register. We are consolidating our external financing, and our bank asked us for additional security for the provision of better financing conditions. We offered to pledge the aircraft, which we are leasing to a Slovak company. Our bank wants to establish and...
Possibility of evicting non-residential premises before a final court decision on property eviction
We are an organization established by a special law under which we also manage state-owned assets. The assets under our management include real estate, including non-residential premises. We had rented out one of these non-residential premises, but the rental agreement expired and thus the rent ended. We formally requested the tenant to vacate the premises, but they did not comply and continued to use...
Can employment be terminated during the probationary period verbally and during the employee's sick leave?
We entered into an employment contract with an employee and negotiated a probationary period in the employment contract. During the probationary period, it became evident that the employee did not have sufficient qualifications and we lacked the capacity to train him. We decided to terminate the employment during the probationary period. Since the employee...
Is a Slovak branch of a foreign securities trader obliged to have its own AML programme?
We are a branch of a foreign securities trader licensed in one of the EU states. We provide investment services in Slovakia based on the so-called single European passport. Our company, or rather the founding organisation of our branch, has developed an AML programme describing how the company and all its branches proceed in preventing money laundering and terrorist financing.
How Can We Protect New Software?
In our company, a team of employees is working on developing a new software intended for a specific group of our clients. This new software aims to increase the attractiveness of our services and improve sales. The internal team only specifies the software's requirements, while the actual coding is done by an external IT company. We operate in a highly competitive industry, and the staff turnover in our company is relatively...
