SLOVENIA Law and Practice Contributed by: Tomaž Ilešič, Aleksandra Mitić, Ajas Midžan and Lea Zahrastnik, Rojs, Peljhan, Prelesnik & Partners
• the transaction constitutes a foreign direct invest - ment whereby the investor acquires at least 10% of the capital or voting rights in the Slovenian com - pany; and • the activity of the target company is an activity in a critical area (critical infrastructure, critical tech - nologies, supply of critical resources, access to sensitive information, freedom and plurality of the media, and projects or programmes in the interest of the EU). The foreign investor, target company or acquired company must notify the ministry of a direct foreign investment in the field of specified activities no later than 15 days after the conclusion of a legal transac - tion by which the foreign investor directly or indirectly acquires at least 10% of the capital or voting rights in a company with its registered office in the Republic of Slovenia, or from the date of publication of the takeo - ver bid (even if they fail to make the notification within 15 days, the notification obligation does not cease).
The procedure for FDI notification is structured in three stages: • preliminary procedure (verification of formal and substantive conditions); • review (substantive assessment of the impact on security and public order); and • decision (approval, conditional approval or prohi - bition). The review must be completed within two years from the initiation of the procedure. Foreign Subsidies The EU Foreign Subsidies Regulation applies directly in Slovenia, but it is enforced by the Commission, not by a Slovenian authority, and there is no separate Slo - venian foreign-subsidies filing.
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