Nikola Hanžek • jan 04, 2022
Improved electronic application form for the establishment of a company with the entry into force of the Law on Amendments to the Law on Registration Procedure in the Serbian Business Registers Agency
As it is known every day, the state administration bodies of the Republic of Serbia are trying to improve e-business by reducing bureaucratic procedures, which include submitting various requests in paper form and evidence attached to them. It must be acknowledged that one of the bearers and pioneers in many matters related to digitalization is the Serbian Business Registers Agency (SBRA), which is confirmed by the adoption and entry into force of the Law on Amendments to the Law on the Procedure of Registration with the Serbian Business Registers Agency (hereinafter referred to as: The Law).
The law was published in the „Off. Herald of RS”, no. 105/2021 of November 8th 2021 and entered into force on November 16th 2021, except for the provisions of Article 4 of this Law, which shall apply after the expiration of 18 months from the date of entry into force of this Law; the provisions of Article 5 of this Law, which apply after one year from the date of entry into force of this Law, and the provisions of Article 12 of this Law in the part relating to delivery to the Single Electronic Box to users of electronic government services, which apply after 18 months from the date of entry into force of this law.
The provision of Article 4 of the Law on Amendments to the Law on the Procedure of Registration with the Serbian Business Registers Agency prescribes:
In Article 9, after paragraph 1, a new paragraph 2 is added, which reads:
’Notwithstanding paragraph 1 of this Article, the application for the establishment of a company shall be submitted to the Agency only in electronic form.”
The previous paragraph 2 becomes paragraph 3’’.
Until the entry into force of these amendments to the provisions of Article 9 of the Law on the Procedure of Registration with the Serbian Business Registers Agency, there is an optional submission of a registration application for the establishment of a company in paper or electronic form. When on May 16th 2023 the provision of Article 9, paragraph 2 of the Law and finally enters into force in full, the submission of the registration application in paper form with a certified founding act goes down in history.
Having in mind the once difficult adjustment to the steps in the direction of digitalization, it is logical and justified to leave a longer deadline to all relevant entities for the application and implementation of this provision.
In addition to the above, the Law also brings novelties that include:
- Introduction of the possibility of certification of a digitized act by a lawyer;
- Obtaining documentation from other state bodies ex officio of the SBRA;
- The issue of filing a registration application by the founders in situations of dismissal of the director has also been regulated;
- Deadlines for deciding on the SBRA after submitting the registration application are defined and regulated in more detail.
Until May 16th 2021 it is expected that the application on the SBRA website will be improved, which enables electronic submission of registration applications for founding a company, so we believe that from the date when the amendments come into force in full, the electronic form introduced will save members and founders. time and money.