Yes, in case fees for provided services are not paid, CDCP SR, a.s. (hereinafter only „central depository) is entitled to collect the claims. The central depository as a business entity provides its services for a consideration according to valid Scale of Fees. If the account owner didn’t pay the account administration fee fully and in time, the client is in delay. In such case, according to valid legislation, the central depository may collect the claims by legal action or through out-of-court settlement. The central depository is entitled to include into claimed sum also late charges and costs for collecting of claim.
According to valid legislation, in case of out-of-court settlement of claims by external companies the central depository doesn’t need consent of the account owner to provision of personal data. The central depository processes personal data to protect and demand its rights towards the debtors. At processing of personal data the central depository and intermediary external companies adhere to all valid legal regulations (Regulation of the European Parliament on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Act No 18/2018 on protection of personal data).
According to valid legal regulation, the consent of the owner’s account is not required in case of owner’s account administration. The central depository may process your personal data in following cases:
- if you provided your consent to process your personal data for specific reason, e.g. to send you a Newsletter,
- if it is inevitable for execution of a contract concluded between you and the central depository,
- if your personal data are processed in scope necessary for fulfilling legal obligations of the central depository – e.g. fulfilling of obligation with regards to registration of securities,
- for protection of legitimate interests of the central depository or authorised third parties – e.g. collecting claims.
At processing of personal data the central depository and intermediary external companies adhere to all valid legal regulations (Regulation of the European Parliament on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Act No 18/2018 on protection of personal data).
Data subject is entitled to deletion of personal data only in cases provided by law, and if following reasons exists:
- the personal data are not required anymore for purposes for which were obtained or processed;
- the data subject withdrew a consent based on which the data were processed (if no other legal basis for processing exists);
- the data subject objects to processing in accordance with the Act No 18/2018 Coll. on protection of personal data and no other substantial reasons to process the data prevail;
- the personal data were processed unlawfully;
- personal data have to be deleted to meet legal duty pursuant to the European law or regulations of the Slovak Republic;
- the personal data were obtained in connection with service offer of the information company.
Right for deletion of personal data can’t be enforced if such data are required e.g. to establish legal claim, fulfil duty of the central depository to keep data according to legal regulations, or due to other substantial reason according to valid legal regulation.
Further information is on the web page www.cdcp.sk in part „Personal Data Security“ in a document “Information for the data subjects pursuant to the General Data Protection Regulation”.
This fee is not charged by the central depository. Therefore, with regards to collection of claims, please contact directly the companies M.B.A. Financie s.r.o. or Haščák&partners, advokátska kancelária s.r.o., that the central depository cooperates with.
Contact details to mentioned companies:
M.B.A. Financie – phone: 058/3260 701
Haščák&partners – phone: 02/3238 3402
The central depository has been sending reminders for outstanding payments to the clients every year, as these are included in the invoice for administration of an account for respective year. The remainders have form of summary table which include overview of unpaid invoices for previous years. As this form of collection of claims seems not to be sufficiently efficient, the central depository decided to cooperate with external company.
The account owner is obliged to ensure deliverability of mail by provision of correct and actual name and address, and also by informing on relevant changes. In other case the central depository is not responsible for eventual damages due to undelivered mail. The central depository is not obliged to check recency of the mailing details of own accord.
Thus we recommend that you maintain your mailing details in the registry of CDCP SR, a.s. updated. CDCP SR, a.s. shall change (update) details on account owner based on written request submitted on dully completed form F2A published on web page of the company:
In connection with collection of claims the central depository decided to cooperate with the external company M.B.A. Financie s.r.o. also due to the fact that invoices for provided services are not delivered mainly because the clients of the central depository do not fulfil their duty. This company has facility to find actual mailing addresses of the clients. It means that it will be possible to reach also clients whose mailing details were not updated and therefore their mail is not deliverable. This will contribute to better deliverability of mailing posts and prevent from next unpaid invoices.
From the year 2017 the central depository administers owner’s account for deceased person free of charge. If the central depository issued an invoice to deceased person, it is because the central depository was not informed on this fact. Thus if an invoice sent to deceased person is delivered to the inheritors, it is important that the inheritors send to the central depository a copy of a death certificate (not a notice on death). Based on this document the central depository will terminate to charge for the administration of an account, the copy of certificate does not have to be verified. The central depository will terminate collection of unpaid fees only after receiving of copy of death certificate.
Regular procedure of securities transfer without consideration to the National Property Fund SR and later on to the company MH Manažment, a.s. (jointly also as „state“) have never been performed by the central depository. Transfers without consideration to state were executed by the companies DLHOPIS, o.c.p., a.s. and RM-S Market o.c.p., a.s. (before JELLYFISH, o.c.p., a.s). Therefore it is necessary that all your questions or objections with regards to securities transfer without consideration to state are addressed to these companies.