COMPANIES REGISTER – a unique, centralized, public electronic database on registered companies, created for the territory of the Republic of Serbia, into which data are entered and stored in accordance with the law.
REGISTRAR – the person responsible for the maintenance of the Register in a lawful and timely manner, who determines detailed procedures for the maintenance of the Register and handles the registration procedure. The Registrar is appointed by the Board of Directors of the Agency, in accordance with the Government of the Republic of Serbia, for a four year terms, with the possibility of re-election.
APPLICATION FOR REGISTRATION – A form prescribed by law, used to initiate the registration procedure, which must be accompanied by the appropriate documents prescribed by the law for a particular registration, and evidence of payment of the registration fee. May be submitted in person, by mail or electronically, upon which the Registrar issues an application for registration confirmation.
APPLICANT - The applicant is the person authorized to submit the application in accordance with the applicable laws, specifically:
- he founder of the business entity or the person authorized by the founder – in the case of a registration of a new company
- the person authorized to represent the company – for the registration of changes of data concerning already existing companies
- the person authorized by law – for the registration of other data prescribed by the law (e.g. the court for registering the initiation of bankruptcy proceedings).
REGISTRATION PROCEDURE - the procedure for verifying the fulfilment of requirements to process the application for registration, in order to register the data in accordance with the applicant’s request. The verification procedure establishes compliance with formal registration criteria, specifically:
- that the Registrar has the authority to proceed with the application for registration
- that the applicant is the person authorized to submit the application
- that the application for registration is complete with all required data
- that the application for registration is complete with all required documents
- that the application for registration is complete with evidence of payment of the fee
- that the data entered in the registration form correspond to those found in the documents
- that another company is not registered under the same name
- that the application for registration is complete with the required license prescribed by the law.
Two different types of decisions can be taken in respect to the registration procedure, in other words, the Registrar adopts a DECISION when approving an application for registration, and a CONCLUSION when rejecting an application for registration due to failure to comply with the formal registration requirements. The decision or conclusion is taken within five days from the date of receipt of the application for registration.
INTERESTED PARTY - the natural or legal entity seeking access to data contained in one of the Registers kept by the Business Registers Agency.
EXCERPT (an excerpt from the Register) - a document containing data kept by the Registers of the Business Registers Agency, issued by the Registrar at the request of the interested party.
LEGAL REMEDY – the applicant may lodge a complaint through the Agency to the ministry in charge of economic affairs (Ministry of Economy and Regional Development). If the Registrar assesses that the complaint is founded, then he/she can adopt a new decision to replace the contested one and render the previous decision null and void and thus meet the request in the application for registration.
The interested party has the right to file an administrative procedure against the decision of the competent Ministry with the Supreme Court of Serbia.
REGISTRATION OF CHANGES – any changes concerning a business entity that are subject to registration must be reported to the Register within 15 days from the date when they have occurred, under penalty of fine, i.e. payment of the increased amount of the registration fee.
BUSINESS NAME RESERVATION - The application for the registration of a business name may be filed by the interested party. The reservation will be effected within 60 days from the date of submittal of the application and may be renewed under the same terms. The reservation is transferable to a third person.