A company seat shall be the place and the address on the territory of the Republic of Serbia from which the company’s operations are managed and that has been determined as such by the memorandum of association, articles of association or general meeting’s resolution, i.e. by the decision of general partners or limited partners.
The resolution on the change of seat shall be rendered by general meeting, unless the memorandum of association, or articles of association provide otherwise.
The address of the company seat shall be registered in accordance with the registration act.
Mandatory elements of the address of the company’s seat
The latest amendments to the Law on Business Companies – the Law on Amendments to the Law on Business Companies (“Official Gazette of RS”, No. 109/2021) specified the mandatory elements of the address of the company’s seats. They established the obligation of companies to comply with this law’s provisions within one year from the date of entry into force, i.e. until November 27, 2022.
The address of the company’s seat shall includes the city, municipality, settlement, street or square, house number, floor and apartment number, in accordance with the regulations governing the territorial organization.
.All companies, which do not have prescribed information in their address of companies seats, are obliged to make a decision on changing (entering missing data) their seats and to register until November 27, 2022, those data on the address of the headquarters that have not been registered so far, including information on the floor if the address is seated in the particular building floors, as well as to harmonize these data with the data from the Address Register if the registered data on the address of the seat has been changed in the meantime in the Address Register (e.g. in the case of a street name change).
The interested person may file a lawsuit with the competent court requesting the deletion of the registered address of the company’s seat, if the person who has the right of ownership did not allow the use of the premises where the address of the seat for managing the company’s business is located. The lawsuit shall be handled urgently.
At the request of the person who filed the lawsuit for deletion of the registered address of the seat, a note of existence of the lawsuit shall be registered in accordance with the registration act.
When final, the judgment ordering the deletion of the registered address of the company’s seat shall be submitted by the court to the register of business entities for registration. If the company does not register a new address of the seat within 30 days from the day the judgment becomes final, the register of business entities shall ex officio initiate the procedure of compulsory liquidation of that company.
Serving and Address for Receiving Mail
Serving is made at the address of the company seat.
A company may have a separate address for receiving mail in the territory of the Republic of Serbia, which is registered in accordance with the registration act. If a company has a separate address for receiving mail, serving is made to that address instead of the address of the seat of the company.
If the serving of a document on the company at the address for receiving mail, i.e. at the address of the company’s seat if the company does not have a registered address for receiving mail, via registered mail, in terms of an act governing postal services, was unsuccessful, it shall be considered that the serving of such mail was duly performed upon the expiration of a term of eight days of the day of the second mailing of that mail, on condition that at least 15 days have lapsed between those two mailings.
Serving of documents in court, administrative, tax and other proceedings is performed in keeping with separate acts.
Address for Receiving E-mail
The company must have an address for receiving e-mail, which is registered in accordance with the law on registration, as well as to register as a user of e-government services, in accordance with the law governing e-government.
Serving of an electronic document to a company or a sole trader shall be done in accordance with the law governing electronic documents, electronic identification and services of trust in electronic business, i.e. the law governing electronic government when delivery is made to the Unified electronic mailbox on the e-Government portal, unless otherwise prescribed by a special law.