The Law on Associations shall regulate:
- the establishment and legal status of associations
- their entry and deletion from the Register
- membership and bodies
- associations’ status changes
- termination
- any other issues of importance to their activities.
The present Law shall also regulate the status and operations of foreign associations.
For the purposes of the Law on Associations, an association shall be a voluntary and non-governmental non-profit organization based on the freedom of association of several individuals or bodies corporate, established in order to pursue and promote a particular shared or general goal and interest which are not prohibited by the Constitution or the law.
The activities of political parties, trade unions, the associations organized to perform certain profit-acquiring activities, sports organizations and associations, churches and religious communities, spontaneous temporary associations of several persons and other associations shall be regulated by a separate law but the provisions of this Law shall apply with respect to any issues related thereto that are not governed by a specific law.
The legal rules on civil partnership shall apply accordingly to any associations not holding the status of a legal entity, unless otherwise stipulated by the Law on Associations.
Secret and paramilitary associations shall be prohibited.
An association shall be established and organized freely and shall be independent in pursuit of its goals.
The association’s goals and operations may not be aimed at:
- violent overthrow of the constitutional order
- breach of the Republic of Serbia’s territorial integrity
- violation of the guaranteed human or minority rights
- incitement and instigation of inequalities, hatred and intolerance based on racial, national, religious or other affiliation or commitment as well as on gender, race, physical, mental or other characteristics and abilities.
Entry in the Association Register shall be made on a voluntary basis.
The association shall acquire the status of a legal entity at the date of its entry in the Register.
The Association Register shall be kept by the Business Registers Agency as an entrusted obligation.
The association shall be established for an indefinite or definite period.
Unless otherwise specified in its foundation charter it shall be deemed that the association has been established for an indefinite period.
The association may associate in (con)federations and in other associations at home and abroad. The provisions of the Law on Associations shall apply accordingly to the (con)federations when the (con)federation’s head office is located on the territory of the Republic of Serbia.
Parts of the association (section, group, club, branch, branch office, etc.) shall not have the status of a legal entity.
The association shall carry out its activities in accordance with the law, its statute and its other internal regulations, as well as in line with the rules of the (con)federation of which it is a member.
Association’s founders
An association may be established by at least three founders with at least one of the founders being required to have his permanent place of residence or head office on the territory of the Republic of Serbia.
Any individual holding working capacity or legal entities may be the association’s founders.
A minor who has turned 14 years of age may be a founder of the association subject to the statement by his legal representative granting consent to that effect in accordance with the law.
The association shall be established with the adoption of its foundation charter and statute, and upon the appointment of the person authorized to act as its agent, at the association’s inaugural assembly session.
Anyone may become the association’s member under equal terms laid down by its statute.
An individual may be a member of the association irrespective of his age and in accordance with this Law and its statute.
Management bodies of association
The members shall administer the association directly or through their elected representatives to serve on the association’s bodies.
The assembly shall be the association’s supreme body. All of the association’s members comprise the assembly.
The association shall have one or several persons authorized to act as its agents (hereinafter referred to as the association agent) that shall be selected and/or appointed as stipulated by its its statute.
The statute may also envisage other association bodies.
Association’s assets
The association may acquire assets from:
- membership fees
- voluntary contributions
- donations and presents (in cash or in kind)
- financial subsidies
- dead persons’ estates
- interest rates on deposits
- rental fees
- dividends
- in other ways permitted by the law.
Individuals and bodies corporate that make contributions and give presents to the associations may be exempt from particular tax liabilities in accordance with the law introducing the relevant type of public revenue.
The association shall be held liable for its commitments with all of its assets.
The association’s members and the members of its bodies may answer personally for the association’s liabilities if they handle the association’s assets as if they were their own or abuse the association as a form for (actions that serve) unlawful or fraudulent purposes.
Status changes and deleting from the Association Register
A status change shall be any change of the association’s legal position that is made on the basis of the competent body’s decision in accordance with the statute and the Law on Associatons.
Status changes shall be the acquisition, merger and division of the association.
If the association is deleted from the Association Register, it shall lose the status of a body corporate.
Deletion from the Association Register shall only take place:
- if the number of members declines below the number of founders required for its establishment and the association’s competent body fails to take a decision to admit new members within thirty days
- if the term for which the association has been established expires, when an association has been established for a definite period
- if the association’s competent body takes the decision to terminate activities
- if a status change has been made that, in accordance with the law, has as its consequence the association’s termination
- if it is established that the association has not been pursuing the activities to achieve its statutory goals or has not been organized in line with its statute for over two years without any interruptions or if the time that has elapsed has been double that specified by the statute for holding the assembly session and the session has not taken place
- if the association’s activities have been banned
- in case of bankruptcy.
Read more:
Establishment of a Company, Branch and Representative Offices »
The Legal Framework for the Company Foundation »
Documentation Required for the Establishment of Company »
