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December 01, 2021

Registration of Beneficial Owners in the Republic of Serbia – Improvement of the Regulatory Framework

The Law on Central Record of Beneficial Owners was recently re-amended, for the purpose of specifying certain of its provisions. The law amending this regulation entered into force on November 16, 2021, whereby its application will start upon the expiry of 18 months from the day of its entry into force (the “Law”). As a reminder, the regulation concerned governs the establishment, content, bases of registering, and manner of keeping the Central Record of Beneficial Owners of legal entities and other subjects registered in the Republic of Serbia, as well as other issues of relevance for registration of beneficial owners....

November 26, 2021

What is Stipulated by the Recent Amendments to the Law on Free Access to the Information of Public Importance?

On November 16, 2021, amendments to the Law on Free Access to the Information of Public Importance (the “Law”) entered into force, as they had been published in the Official Gazette of the RS no. 105/2021 of November 8, 2021, whereby they were passed for the purpose of alignment with relevant regulations adopted in the meantime, such as the Law on Data Secrecy and the Law on Personal Data Protection, and international standards in the respective field, as well as introduction of mechanisms to ensure that the authorities act in accordance with their legal duties, and that information seekers enact...

November 23, 2021

What Novelties are Introduced by the Law on Amendments to the Law on Tax Procedure and Tax Administration?

The Law on Amendments to the Law on Tax Procedure and Tax Administration (Official Gazette of RS, no. 96/2021) (the “Law”) was adopted on October 16, 2021. The novelties introduced by this piece of regulation particularly include those referring to the filing of tax application for calculated mandatory social insurance contributions for company founders and/or shareholders, deferral of interest payment for settled obligations, replacement of insurance instruments for collection of due taxes, and issuance of additional record. Tax Application for Calculated Mandatory Social Insurance Contributions for Company Founders and/or Shareholders The Law stipulates that, if a taxpayer fails to submit...

November 17, 2021

Proposal for Amendments to the Companies Law – What Will be Different?

The Government of Serbia has recently adopted the Proposal for Amendments to the Companies Law (the “Proposal”), which official text states that its primary goal is to promote the protection of minority shareholders, in accordance with measures provided by the Action Plan of the Program for Improvement of Position of the Republic of Serbia on the World Bank’s Business List – Doing Business for the period 2020-2023. In addition, the respective novelties imply other changes as well, the most significant being those referring to the position of entrepreneurs, and court protection in case of business address abuse. Improvement of the...

November 10, 2021

(Non)use of diacritics and right to correction of incorrect personal data

On October 9, 2019, the Court of Appeal of Brussels passed judgment 2019/AR/1006 whereby it established, pursuant to and in accordance with Article 16 of the General Data Protection Regulation (“GDPR”), that banks are obliged to use correct diacritics when spelling clients’ names, since these are personal data, and therefore subject to accurate writing. Case Background Namely, a client requested from a bank, as controller of personal data in terms of the subject data regulation governing this matter at the EU level, to write his name with the appropriate diacritics (additions to letters that change pronunciation or make a distinction...

October 31, 2021

Freedom on the net in Serbia – “Not Great, Not Terrible”

Last month, Freedom House published its annual report on freedom on the Internet (the “Report”), where Serbia got 71 out of 100 points, thus taking the 15th place among 70 countries where the said research had been conducted. Freedom House Report According to the Report, Serbia’s internet freedom environment remains relatively open, featuring high levels of internet access, limited website blocking, and constitutional protection of freedom of speech and journalists. However, there has been an increase in disinformation spread by certain sites, and certain journalists faced not only harassment and threats in response to their reporting, but also criminal charges...

October 29, 2021

Solutions Provided by the Draft Law on Work Engagement due to Increased Workload – What is Disputable?

Public debate on the Draft Law on Work Engagement due to Increased Workload (the “Draft”) has been recently held as this regulation is to be adopted by the end of this year, although it is still discussed among professional audiences. What Does Work Engagement Imply and What Jobs Can It Apply to? Subject of this regulation is governing the work engagement concerning certain jobs, which are of temporary character (including, inter alia, seasonal workers), due to increased workload with an employer, as well as rights, obligations and liabilities of both employers and employees, record of such work engagement, and payment...

October 22, 2021

Employee’s Right to Defence – Is an Employer Obliged to Enclose Evidence to the Warning on Existence of Reasons for Termination of Employment Agreement?

The Labour Law (“Official Gazette of RS”, no. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – decision of the CC, 113/2017 and 95/2018 – authentic interpretation) (the “Law”) prescribes that employer shall be obliged, prior to the termination of employment agreement due to violation of working obligation or working discipline, to notify the employee in writing on the existence of reasons for such termination, as well as to provide the employee with a period of minimum eight days from the warning submission to declare on the subject allegations. Employer is obliged to state grounds for termination in the warning, as well...

October 18, 2021

We’re Hiring a Law Practice Manager!

We are seeking to fill the position of Law Practice Manager, who can provide high quality and professional organisational and technical support in the following areas: Ensuring proper and smooth office operation, as well as timely fulfillment of planned business activities; Communication with international and local clients, suppliers/service providers, and third parties; Organisation of meetings, ensuring up-to-date business calendar and coordination with team members for appropriate and complete implementation of planned activities, organization of business trips/seminars, etc.; Managing proper electronic and physical records of documents and files, writing business letters in Serbian/English according to the received instructions; Preparing invoices in...

October 16, 2021

World Food Day – What is the Tax Treatment of Food Donations in Serbia?

On the occasion of October 16, which is celebrated as World Food Day – as on that particular day in 1945 Food and Agriculture Organization of the United Nations (“UN”) (FAO) was founded – the issue of taxation of food donations came into focus again. Alarming Data Relevant researches that were conducted in this field within the past few years produced deeply alarming data, including that: one-third of the annually produced food gets disposed of; third of the food that is disposed of is enough to feed more than 800,000,000 people; around 2,000,000 kilograms of food is discarded in Serbia...

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