Slovenia needs to speed up the digitalisation of government and public services.
While our country started digitalisation intensively immediately after independence, it has started to fall behind other countries in the last ten years. Digitalisation has had two positive effects on the high-tech sector:
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it allows services to be provided remotely, which reduces bureaucracy and thus means the more efficient use of employees' time; and
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it stimulates the emergence of new ICT solutions developed by companies for the country.
The positive effects of digitalisation can be seen very clearly in Estonia. Estonia began digitalising public services in the 1990s, which contributed to the rapid development of the country's IT sector. Among other things, Estonia:
developed its first electronic banking services back in 1996;
introduced e-government meetings in the same year;
introduced e-tax in 2000;
in the same year, it introduced a system for paying for city parking by mobile phone;
in 2001, to reduce costs and securely share data from existing databases, it launched the National Integration Platform, which has become the backbone of the national IT infrastructure, enabling 99% of public services to be available online 24/7;
in 2002, it introduced e-ID cards and digital signatures;
in 2005, it introduced e-elections;
in 2008, it introduced e-health, followed by e-prescription two years later;
in 2014, it launched the Road Administration e-portal, an online service for vehicle owners and drivers; and
in 2020, it introduced e-notary services.
One of the most pressing issues in the area of digitalisation for the technology sector is the (non-)introduction of e-notary services, which requires owners (and foreign investors) in Slovenian companies to deal with legal matters in person with a Slovenian notary. This is, of course, a major, often insurmountable obstacle for investors from other countries when investing in Slovenian companies.
It would also make sense to introduce a so-called simplified public limited company (SPLC) into the Slovenian legal order, which would significantly reduce the bureaucratic burden of setting up new start-up companies, make it easier to invest in such companies, and facilitate participation of employees in the ownership or profits of such companies. This would thus enable Slovenia to take an important step towards the digital transformation of the business of companies.
The following features should be taken into account by a SPLC:
The following features should be taken into account by a SPLC:
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It follows the basic logic of an existing public limited company, the rights of shareholders and the way corporate governance is envisaged.
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It follows the logic of minimum share capital and ease of incorporation otherwise applicable to limited liability companies (e.g. EUR 7,500 share capital or less).
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The maintenance of a share register, which is the responsibility of a SPLC, is significantly simplified by allowing the possibility for a SPLC to directly become a member of the Central Securities Clearing Corporation (KDD), whereby securities issued by A SPLC are entered in the securities register. A SPLC shall have a special account with the KDD exclusively dedicated to the registration and transfer of shares and other securities on the basis of the relevant contracts and transfer orders.
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Simplification of the convening of the General Meeting, the proceedings and the approval of the General Meeting's decisions.
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The format does not apply to companies listed on a regulated capital market in the EU, which is without prejudice to the existing regime for these companies, while consideration should be given to whether it is also permissible for large companies not listed on a regulated market and whether the conversion of these companies into a SPLC is permissible.
In the area of digitalisation and de-bureaucratisation, decision-makers and public administration should begin dialogue with the high-tech sector as soon as possible in order to identify priority areas for action and then actually implement these measures.
