Deadlines for settlement of monetary obligations in commercial transactions

Law on deadlines for settling monetary obligations in commercial transactions

According to the provisions of the Law on deadlines for settling monetary obligations in commercial transactions (“Official Gazette of the RS”, no. 119/2012, 68/2015, 113/2017, 91/2019, 44/2021, 44/2021 – other Law, 130/ 2021, 129/2021 – other laws and 138/2022) are governed by:

  1. deadlines for settling monetary obligations in commercial transactions between the public sector and business entities, between business entities, that is, between public sector entities, and to prevent non-payment of monetary obligations within the deadline and
  2. recording electronic invoices and other requests for payment in electronic form in the central register of invoices issued by creditors in commercial transactions between the public sector and business entities, i.e. between public sector entities, in which the public sector entities are debtors, based on the data obtained from the system of electronic invoices.

In the Central Register of Invoices established and managed by the Ministry of Finance – Treasury Department, only electronic invoices issued by creditors in commercial transactions between the public sector and business entities, i.e. between public sector entities, in which the public sector entities are debtors, are recorded, upon establishment technical and technological conditions, and mandatory from May 1, 2022, based on data obtained from the electronic invoice system.

The minister responsible for financial affairs regulates the manner and procedure of recording electronic invoices in the central register of invoices and the way of leading and content of the central register of invoices.

Provisions of the Law on Deadlines for Settling Monetary Obligations in Commercial Transactions (“Official Gazette of RS”, No. 119/2012, 68/2015, 113/2017, 91/2019, 44/2021, 44/2021 – other Law, 130/ 2021, 129/2021 – other laws and 138/2022) do not apply to business entities against which bankruptcy proceedings have been opened, following the Law regulating bankruptcy, and in commercial transactions in which these business entities are debtors.

To all questions about the Law on Deadlines for Settling Monetary Obligations in Commercial Transactions (“Official Gazette of RS”, no. 119/2012, 68/2015, 113/2017, 91/2019, 44/2021, 44/2021 – other laws, 130/2021, 129/2021 – other laws and 138/2022), does not explicitly regulate the provisions of the Law regulating obligation relations are applied accordingly.

Deadlines for settlement of monetary obligations in commercial transactions between business entities

A contract between business entities cannot provide a deadline for settling financial obligations longer than 60 days. If the contract between business entities does not stipulate a deadline for settling monetary obligations or if there is no written contract, or if a longer term than 60 days is agreed upon, the debtor is obliged to settle the monetary obligation within 60 days at the latest without prior warning.

Exceptionally, a contract between business entities may provide for a longer term of 60 days:

  1. if the contractual obligations require payment in instalments for the delivered goods, i.e. the services provided, that term can be up to 90 days
  2. with the obligation that the debtor, i.e. the recipient of the delivered goods, i.e. the recipient of the services provided, ensure payment within the agreed term by handing over to the creditor a bank guarantee containing the clauses: “irrevocable”, “unconditional”, “collectable at the first call without objection” or a promissory note validated by banks as a form of security for debt collection and
  3. in cases of procurement of raw materials for the performance of the primary activity, namely for seed and planting material, protective means and fertilizer, by contract between a registered agricultural holding or agricultural cooperative and another business entity, when the debtor is a registered agricultural holding or agricultural cooperative.

Deadlines for settlement of financial obligations in commercial transactions between public sector entities and public sector entities and business entities

The contract between the public sector and business entities cannot provide for a deadline for the settlement of monetary obligations longer than 45 days, in the case where the public sector is the debtor in that contractual relationship. Exceptionally, a contract between the public sector and business entities can provide for a deadline for the settlement of financial obligations of up to 90 days in the case when the debtor is the Republic Health Insurance Fund, i.e. the beneficiary of the funds of the Republic Health Insurance Fund in the sense of the Law governing the budget system.

The contract between the public sector and business entities cannot provide a deadline for settling monetary obligations longer than 60 days if the debtor in that contractual relationship is a business entity. If the contract does not stipulate a deadline for settling monetary obligations, the business entity as a debtor is obliged, without prior notice, to determine the financial debt within 60 days.

Calculation of deadlines for settling monetary obligations in commercial transactions

The deadline for settling monetary obligations in commercial transactions begins on the first following day:

  • from the day when the debtor received the invoice, that is, the second request for payment from the creditor who fulfilled his contractual obligation; or
  • from the day when the creditor fulfilled his obligation, if it is not possible to determine the day of receipt of the invoice or other appropriate request for payment, or if the debtor received the invoice or other reasonable request for payment before the creditor fulfilled his contractual obligation; or
  • from the date of expiry of the deadline for reviewing the subject of the obligation, if the contract or the Law provides for a specific deadline for such review, and the debtor has received an invoice or other appropriate request for payment before the expiry of that deadline, following the contract; the deadline for reviewing the subject of obligations cannot be longer than 30 days from the day of receipt of the goods or the performed service unless a more extended deadline is agreed upon in exceptionally justified cases; or
  • from the day the electronic invoice is issued through the electronic invoice system when the debtor is considered to have received the electronic invoice by the creditor who has fulfilled his contractual obligation. Suppose the electronic invoice is delivered on a day when the public sector entity is not working. In that case, the electronic invoice is considered delivered on the first following working day.

Read more:
Debt collection »
Factoring contract »

Your comment

Your email address will not be published. Required fields are marked with an asterisk .

Law on Passenger Transportation by Road

Conditions for operating a taxi transport business

The legal framework governing taxi transportation in Serbia is established by the Law on Passenger Transportation by Road (“Official Gazette of the Republic of Serbia,” Nos. 68/2015, 41/2018, 44/2018 – other law, 83/2018, 31/2019, and 9/2020), while each local self-government unit may also prescribe additional local requirements. Taxi transportation may be provided under a taxi…
More info »
Companies Act

Establishing a holding company in Serbia

Under the Companies Act, companies may be linked through an interest in share capital or partnership shares (companies linked by capital), a contract (companies linked by contract), or both (mixed linked companies). It is prohibited to link companies contrary to the regulations that govern the protection of competition. A holding company represents one form of…
More info »
Law on the Conditions for the Performance of Psychological Activity

Independent practice of psychological activity

Psychological activity cannot be carried out solely based on completed studies in psychology and an entrepreneur registration. The legal framework in the Republic of Serbia simultaneously imposes professional, organisational, premises-related and ethical requirements. Additional rules apply where psychological work is performed within the social welfare or healthcare system. Activities within the scope of psychological practice…
More info »
Companies Act

Piercing the corporate veil

One of the fundamental principles of company law is that a company is an independent legal entity whose assets are separate from the assets of its founders, members, and shareholders. This principle gives rise to the rule of limited liability: as a rule, a member of a limited liability company, a limited partner in a…
More info »
Law on Foreigners

Changes during the validity of the single permit

Single permit shall mean the permit for a foreigner’s temporary residence and work in the Republic of Serbia. The single permit can be issued for: Employment; Self-employment; Special cases of employment, in compliance with the regulations governing the employment of foreigners, namely: a) For seconded persons, b) For movement within the company, c) For an…
More info »
Companies Act

Extract from a foreign register as the basis for registration of data on a foreign legal entity which is a member of the company

According to the provisions of the Companies Act, depending on the type of registration entity, the Register of Business Entities kept by the Serbian Business Registers Agency of the Republic of Serbia records, i.e. registers data on the following persons: members and founders of the registration entity cooperative member the director, i.e. members of the…
More info »
Law on Legalization of Documents in International Traffic

Establishment of a company in Serbia without the physical presence of a foreign founder

Under the applicable laws and regulations of the Republic of Serbia, it is possible to establish a company without the founder’s physical presence, provided that a special power of attorney is duly issued in the prescribed form. This option is available to both foreign natural persons and foreign legal entities, including their legal representatives, enabling…
More info »
Law on Foreigners

Temporary residence in the Republic of Serbia on the grounds of education or learning the serbian language

An increasing number of foreign nationals are choosing to acquire part of their education in the Republic of Serbia, whether through formal schooling, university studies, or attending Serbian language courses. In order for their stay in the Republic of Serbia to be lawful, it is necessary for them to regulate their residence status in accordance…
More info »
💬
Find the fast answer