Sunday, December 09, 2018

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Registration procedure

The procedure for registration with the Media Register starts by submitting the application for registration to the Agency (directly at the SBRA’s head office in Belgrade or at one of its organizational units or by post), pursuant to the Law on the Procedure of Registration with the Serbian Business Registers Agency. It may also be initiated ex officio, if such registration is foreseen by Law, or when such registration is in the public interest. 

Person authorized to file an application for registration are:

  • the legal representative of the publisher/domestic legal entity or the person designated by him under a power of attorney,
  • the entrepreneur/publisher or registered manager of the entrepreneur/publisher, and
  • the agent of the public authorities authorized by law for data on funds acquired from or granted by the public authorities, pursuant to Art. 39, para. 3 of the Law on public information and media.

The entire documentation should be submitted either in originals or in certified copies. 

The Registrar is required to issue a decision on the application within five days from the receipt thereof. If the application is submitted by post, the date and time of the receipt of the application by the Agency will be considered as the submission date and time, rather than the mailing date. 

If the registration requirements are met, the Registrar issues a decision granting the application and publishes its decision on the Agency’s website, along with the registered data and documents. 

The Registrar will issue a decision rejecting the application, if he/she determines that the registration requirements from Article 14 paragraph 1, items 1), 3) and 4), of the Law have not been met, i.e. that:

  • he/she is not authorized to act upon the registration, or
  • the data or the document is not subject to registration, or 
  • the data or the documents requested for registration have already been registered. 

These are situations where requested registration may not be completed at all and therefore, the issuance of such decision concludes the procedure without leaving a possibility to the applicant to influence the final outcome of the procedure by filing some additional documents.

If the Registrar determines that other requirements referred to in Article 14 paragraph 1 of the Law on the Procedure of Registration with the Serbian Business Registers Agency have not been met, he/she will issue a decision rejecting the application, stating which registration requirements have not been met. 

The applicant will retain the order-related priority rights in decision-making based on the submission of the application rejected on the above grounds if, within 30 days from the date of publication of the decision, the applicant: 

  • submits a new application for registration of data to which the decision referred (in which case it is essential that the new application be submitted as a complete set of documents rather than as a partial one, since this is a new application  for registration),
  • submits possibly missing and/or rectified documents (if the decision on rejection lists the missing documents and/or shortcomings that need to be rectified), and
  • pays one half of the fee foreseen for the registration applied for (in which case the exact amount shall always be stated in the explanatory part of the decision on rejection).

If the applicant opts to invoke the priority right, he/she is required to state the number of the previously rejected application on the first page of the new one. In this way, the applicant invokes the priority right which is essential, otherwise the Registrar may consider the submitted application as an entirely new request, in which case the application could be rejected again (on the grounds of insufficient fee and/or missing documentation). 

Delivery of a written copy of the Registrar's decision will be made at the applicant's express request. This means that in the application, the applicant must request delivery of Registrar's decision and opt for one of the available manners of delivery. If the applicant fails to do so, no copy of the Registrar’s decision will be delivered and the applicant will only be able to see the contents of the decision in the Data Search section of the Media Register (see Registrar’s decisions for the selected media outlet).

A written copy of the Registrar’s decision can be delivered/collected in one of the following manners:

  • by mail, to the registered mailing address of the legal entity;
  • by mail, to the address of the registered office of the legal entity (if no specific mailing address is registered); 
  • collected personally at the Agency’s head office;
  • collected personally at one of the Agency’s organizational units;
  • by mail, to the applicant’s address.

Pursuant to Article 42 of the Law on Public Information and Media, the Registrar’s decision is final and may not be appealed, however, an administrative dispute may be filed against it. 

If a spelling, calculation or other evident mistake was made in the registration process, the Registrar will, within five days upon learning of such a mistake, or upon submission of a request for rectification, proceed to rectify the mistake in the Register and issue a respective conclusion.

If in the process of deciding on a request for the rectification of a mistake the Registrar determines that no mistake was made, he/she will issue a decision dismissing the request as unfounded. 

For obtaining an excerpt from the Media Register kept by the Serbian Business Registers Agency, the applicant should:

  • fill out a form requesting the issuance of an excerpt (may be obtained at the Agency or downloaded free of charge in the Forms section); 
  • submit proof of payment of the fee for issuance of an excerpt of registered data on a media outlet (fees).

The request for the issuance of an excerpt may be submitted by any natural person and obtained instantly at the Agency.

Registration applications and supporting documents

In accordance with the Rulebook on documentation to be submitted by media outlets in the procedure of registration with the Media Register

I. The application for the registration of a media outlet with the Register must be supported by the following documentation: 

  • decision by the media publisher (hereinafter: publisher) on the establishment and name of the media outlet; 
  • publisher’s decision on the language of the edition, i.e., the language in which the media service is provided; 
  • publisher’s decision on appointment of the editor-in-chief; 
  • certificate from a public register proving the publisher’s identity, if it is not registered with a register kept by the Serbian Business Registers Agency; 
  • proof of the publisher’s registration number, if it is not registered with a register kept by the Serbian Business Registers Agency; 
  • proof of the editor-in-chief’s identity (for a domestic national – a certified copy of his/her personal ID card, for a foreign national – a certified copy of his/her passport, i.e., personal ID card, if one has been issued to the foreign national); 
  • media service license number in accordance with the law regulating electronic media; 
  • certificate from the database of the Serbian National Internet Domain Registry (RNIDS) of the website of the online edition; 
  • a document containing the following data on the persons referred to in Article 39, paragraph 1, item 8) of the Law on Public Information and Media: 
    1. business name, i.e., name, registered seat and registration number, for a legal person;
    2. personal name and JMBG (Unique Master Citizen Number), for a domestic natural person or passport number and country of issuance, for a foreign natural person; 
    3. data on individual shares in the media outlet’s share capital expressed in percentages, the accuracy and completeness of which is certified by the signature of the natural entity-media publisher, or the responsible person in the legal entity-media publisher;

Persons referred to in Article 39, paragraph 1, item 8) of the Law on Public Information and Media are natural and legal persons who directly or indirectly hold more than 5% of the share capital of the publisher; information about affiliated persons, as defined under the law governing the legal status of companies; information about other publishers in whose authorized share capital these persons have more than 5% share.  Article 62 of the Law on Companies defines affiliated persons;

  • proof of payment of the registration fee (fees).

II. The application for registration of data on a media outlet registered in the Media Register, which the media publisher is required to submit to the Register within six months of the activation of the Media Register, must be supported by the following documents:

  • publisher’s decision on the language of the edition, i.e., the language in which the media service is provided;
  • proof of the editor-in-chief’s identity (for a domestic national – a certified copy of his/her personal  ID card , for a foreign national – a certified copy of his/her passport, or personal ID card, if one has been issued to them); 
  • a document containing the following data on the persons referred to in Article 39, paragraph 1, item 8) of the Law on Public Information and Media:
    1. business name, i.e., name, registered seat and registration number for a legal person;
    2. personal name and JMBG (Unique Master Citizen Number) for a domestic natural person or passport number and country of issuance for a foreign natural person;
    3. data on individual stakes in the share capital of the media outlet expressed in percentages, the accuracy and completeness of which is certified and guaranteed by the signature of the natural entity-media publisher, or the responsible person in the legal entity-media publisher;

Persons referred to in Article 39, paragraph 1, item 8) of the Law on Public Information and Media are natural and legal persons who directly or indirectly hold more than 5% of the share capital of the publisher; information about affiliated persons, as defined under the law governing the legal status of companies; and information about other publishers in whose authorized share capital thees persons have more than 5% share. Article 62 of the Law on Companies defines affiliated persons;

  • information on the average net  paid media circulation in the previous calendar year the accuracy and completeness of which is certified and guaranteed by the signature of the publisher’s responsible person;
  • proof of payment of the registration fee (fees).

III The application for registration of change of data on a media outlet registered with the Media Register should be accompanied by the appropriate supplement and the document constituting the grounds for change of registered data on the media outlet, specifically: 

FOR CHANGE OF NAME OF A MEDIA OUTLET

  • SUPPLEMENT 01
  • Publisher’s decision on the change of name of the media outlet
  • Proof of payment of registration fee (fees).

FOR THE CHANGE OF DATA ON EDITOR-IN-CHIEF

  • SUPPLEMENT 02
  • Publisher’s decision on replacement of editor-in-chief,
  • Proof of the editor-in-chief’s identity (for a domestic national – a certified copy of his/her personal  ID card, for a foreign national – a certified copy of his/her passport, or personal ID card, if one has been issued to them; 
  • Proof of payment of registration fee (fees).

FOR CHANGE OF DATA ON THE MEDIA SERVICE LICENSE NUMBER FOR ONLINE MEDIA 

  • SUPPLEMENT 03
  • Media service license pursuant to the law regulating online media;
  • Proof of payment of registration fee (fees).

FOR CHANGE OF LANGUAGE OF PUBLISHING/BROADCASTING

  • SUPPLEMENT 04
  • Publisher’s decision on the change of language of publishing/broadcasting
  • Proof of payment of registration fee (fees).

FOR CHANGE OF DATA ON WEB, ELECTRONIC AND OTHER MEDIA FORMATS

  • SUPPLEMENT 05
    Publisher’s decision on the change of web, electronic or other media format,
  • Certificate from  the database of the Serbian National Internet Domain Registry  - RNIDS of the website of the online edition,
  • Proof of payment of registration fee (fees).

FOR CHANGE OF DATA ON THE WEBSITE OF THE MEDIA OUTLET

  • SUPPLEMENT 06
  • Publisher’s decision on the change of website for the media exclusively distributed over the internet,
  • Certificate from  the database of the Serbian National Internet Domain Registry  - RNIDS of the website of the online edition,
  • Proof of payment of registration fee (fees).

FOR CHANGE OF DATA ON A PUBLISHER/PROVIDER OF MEDIA SERVICES

  • SUPPLEMENT 07
  • A document constituting the legal grounds for the change of data on publisher/provider of media services,
  • Certificate from a public register proving the publisher’s identity, if it is not registered with a register kept by the Serbian Business Registers Agency,
  • Proof of publisher’s registration number, if it is not registered with a register kept by the Serbian Business Registers Agency,
  • Proof of payment of registration fee (fees).

FOR THE CHANGE OF A REGISTERED DOCUMENT ON PERSONS REFERRED TO IN ARTICLE 39, PARAGRAPH 1, ITEM 8) OF THE LAW ON PUBLIC INFORMATION AND MEDIA

  • SUPPLEMENT 08
  • A document containing the following data on the persons referred to in Article 39, paragraph 1, item 8) of the Law on Public Information and Media (RS Official Gazette No. 83/14): 
    - business name, i.e., title, registered seat and registration number for a legal person;
    - personal name and JMBG (Unique Master Citizen Number) for a domestic natural person or passport number and country of issuance for a foreign natural person; 
    - data on individual stakes  in the authorized share capital of the media expressed in percentages the accuracy and completeness of which is certified by the signature of the natural person – publisher of the medium, i.e., responsible person  in the legal person - publisher of the medium;
    - persons referred to in Article 39, paragraph 1, item 8) of the Law on Public Information and Media are natural and legal persons who directly or indirectly hold more than 5% of the share capital of the publisher; information about affiliated persons, as defined under the law governing the legal status of companies; and information about other publishers in whose authorized share capital these persons have more than 5% share.  Article 62 of the Law on Companies defines affiliated persons. 
  • Proof of payment of the registration fee (fees).

Please note: A document containing data on persons referred to in Art. 39, para. 1, item 8 of the Law on public information and media should be submitted if the publisher is a for-profit corporation in the meaning of the Law on companies.

FOR THE CHANGE OF DATA ON AVERAGE NET PAID CIRCULATION OF THE MEDIUM IN THE PREVIOUS CALENDAR YEAR, due for reporting to the Register until 31 March of the current year for the previous calendar year:

  • SUPPLEMENT 09
  • A document containing information on the average net paid circulation of a media outlet in the previous calendar year, the accuracy and completeness of which is certified and guaranteed by the signature of the responsible person of the publisher; 
  • Proof of payment of the registration fee (fees).

FOR CHANGE OF DATA ON THE AMOUNT OF FUNDING GRANTED BY PUBLIC AUTHORITIES, to be reported to the Register within 15 days from the date of receipt of the funds:

  • SUPPLEMENT 10
  • A document containing  information on the amount of funding received from public authorities, directly or indirectly, which are not granted under state aid rules,
  • Proof of payment of the registration fee (fees).

FOR THE CHANGE OF DATA ON THE AMOUNT STATE AID GRANTED TO THE MEDIA, to be reported to the Register within 15 days from the date of the decision on granting funds:

  • SUPPLEMENT 11
  • Decision by a public authority on granting state aid and amount of state aid granted to the media,
  • Proof of payment of the registration fee (fees).

FOR THE ENTRY AND CHANGE OF DATA ON ANNOTATIONS, entry and registration of data of importance for legal transactions: 

  • SUPPLEMENT 12
  • A document containing data relevant for legal transactions
  • Proof of payment of the registration fee (fees).

IV The application for strike-off of a media outlet from the Media Register should be accompanied by : 

  • The publisher’s decision to discontinue media publishing, i.e., the provision of media services
  • Proof of payment of the registration fee (fees).

Pursuant to Article 41, paragraph 2 of the Law on Public Information and Media, THE REGISTRAR WILL STRIKE OFF A MEDIA OUTLET FROM THE REGISTER:

  • based on a decision by the responsible authority referred to in Article 47 of this Law;
  • following the strike-off of the publisher from the register where he was registered; or
  • for any other reason stipulated under a special law.
  
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