An foreign association’s representative office represents an form of organization of a foreign or international non-governmental non-profit association having its head office on the territory of the Republic of Serbia.
The status and operations of foreign associations are regulated by the provisions of the Law on Associations.
For the purposes of the Law on Associations, a foreign association shall be any association that has its head office in another state and is established under that state’s regulations in order to pursue a shared or general interest or goal and carries out activities that are not geared at making profit as well as any international association or another side or international non-governmental organization which has members that have associated on a voluntary basis in order to pursue a shared or general interest or goal not geared at making profit.
On entry in the Foreign Associations Register of the Serbian Business Registers Agency and activities of an foreign association’s representative office shall be applied the provisions of the Law on Associations.
Foreign Associations Keeping the Foreign Associations Register
Any foreign association’s representative office may operate on the territory of the Republic of Serbia upon its entry in the Foreign Associations Register that is kept by the Serbian Business Registers Agency as a duty entrusted to it. The Foreign Associations Register shall be kept in written form and as a single central electronic database.
The Serbian Business Registers Agency shall keep the Foreign Associations Register through the Foreign Associations Registrator.
Contents of the Foreign Associations Register
The following shall be entered in the Foreign Associations Register:
- the foreign association’s name and abbreviated name
- the state where the foreign association has been established and the head office of that association in that state
- the name of the foreign association’s form of organization
- the address of the head office of the foreign association’s representative office in the Republic of Serbia and of its branch offices
- the period for which the foreign association’s representative office has been established
- the given name and the family name of the person authorized to act as agent and represent the foreign association in the Republic of Serbia, his permanent place of residence and personal identification number if he is a citizen of the Republic of Serbia, or temporary place of residence in the Republic of Serbia, the number of his travel document and the state that has issued it if he is a foreign national
- the foreign association’s goals
- a note indicating that the procedure to ban the activities of the foreign association’s representative office has been initiated and the ban on the activities of the foreign association’s representative office
- the number and date of the decision to make an entry, change data and delete (the representative office) from the Foreign Associations Register
Application for entry and entry of a foreign association’s representative office in the Foreign Associations Register
Entry in the Foreign Associations Register shall be made based on the application to make such an entry of an foreign association’s representative office.
The application for entry shall be accompanied by the following:
- a photocopy of the document and the certified translation of the document on the association’s Law on Associations registration in its home state or a certified photocopy of the certificate (statement) certified by the court of law or a public notary attesting that the association holds, under its home state’s law, the status of a body corporate even without entry in the Register and the certified translation of such a certificate (statement)
- a certified photocopy of the decision and certified translation of the decision of the foreign association’s competent body to set up a representative office in the Republic of Serbia
- a certified document and certified translation of the home state’s document specifying the founders of the association which is about to set up a representative office in the Republic of Serbia
- a certified decision and a certified translation of the decision on the person authorized to act as agent and represent the foreign association’s representative office, a certified photocopy of the document on that person’s identity and registration of his permanent place of residence or temporary residence in the Republic of Serbia
- a photocopy and certified translation of the statute or the relevant document containing data on the head office and the internal organization of the foreign association’s representative office on the territory of the Republic of Serbia.
The Foreign Associations Registrator shall issue a decision on entry to be made of the foreign association’s representative office to the Foreign Associations Register.
The decision on the entry of a foreign association’s representative office in the Foreign Associations Register shall be published in the Official Journal of the Republic of Serbia at the cost of such a foreign association.
The data entered in the Foreign Associations Register shall be public, in accordance with the law.
Application of the regulations to the employees with the foreign association’s representative office
Foreign nationals employed with an foreign association’s representative office shall be subject to the regulations governing the movement and residency of foreigners in the Republic of Srbia.
Citizens of the Republic of Serbia employed with an foreign association’s representative office shall be subject to the regulations of the Republic of Serbia.
Means for operation of an foreign association’s representative office
An foreign association’s representative office may bring into the country from abroad the financial means for the representative office’s operation and implementation of its program in accordance with the provisions of the law regulating foreign currency transactions.
Upon settling all matured tax and other liabilities in the Republic of Serbia, the foreign association’s representative office may take out of the country the unspent financial means in accordance with the provisions of the law governing foreign currency transactions.
The foreign association’s representative office may temporarily import items and equipment required for its activities and may take them out of the Republic of Serbia in line with the customs regulations and the regulations on foreign trade operations.
Ban on the activities of a foreign association’s representative office
An foreign association’s representative office shall have the right to operate freely on the territory of the Republic of Serbia unless its goals and activities are contrary to the Republic of Serbia Constitution, this Law, the international treaties concluded by the Republic of Serbia or to other regulations.
The procedure for banning the activities of a foreign association’s representative office shall be initiated at the proposal of the Government, the Republic Public Prosecutor, the ministry responsible for administrative affairs, the ministry responsible for the sector where the association’s goals are being pursued or the Foreign Associations Registrator.
The decision to ban the activities of a foreign association’s representative office whose goals or activities run counter shall be brought by the Constitutional Court.
Deletion of an foreign association’s representative office from the Foreign Associations Register
An foreign association’s representative office shall wind up its operations and be deleted from the Foreign Associations Register:
- if the foreign association has ceased to operate
- if the foreign association has decided to have its representative office discontinue its activities
- if the foreign association’s representative office has been banned by a decision of the Constitutional Court.
The Foreign Associations Registrator shall take a decision to delete the foreign association’s representative office form the Foreign Associations Register.
The decision to delete the foreign association’s representative office from the Foreign Associations Register shall be published in the Official Journal of the Republic of Serbia at the cost of the foreign association concerned.
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