The status and position of sole traders are regulated only by the provisions of the Companies Act (“Official Gazette of RS”, No. 36/2011, 99/2011, 83/2014 – other Law, 5/2015, 44/2018, 95/2018, 91/2019 and 109/2021) (from now on: the Law).

Article 91, paragraph 1 of the Law stipulates a general rule that a sole trader shall lose the capacity of a sole trader by deletion from the business entities register. Deleting sole traders from the business entities register has a constitutive effect and acts pro futuro.

Deletion of a sole trader shall be executed due to cessation of business operations. Sole trader shall stop doing business by notice of unregistering or by operation of law. Sole trader may not unregister at a date earlier of the day of filing the application on cessation of business operations with the competent registration authority.

Deletion from the register may not be done retroactively.

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