Strike off of company and entrepreneur from the Register of The Serbian Business Registers Agency can be effected by decision of the founders or ex lege.
Strike-off of company from the Companies Register can only be effected on three grounds:
- upon completion of voluntary or compulsory liquidation
- upon completion of bankruptcy
- as a result of a status change leading to the strike-off of a company from the Register.
An entrepreneur shall forfeit the entrepreneur status upon deletion from the register of economic operators. An entrepreneur shall cease operating either through deregistration or ex lege.
An entrepreneur shall cease operating ex lege in the following cases:
- upon death or permanent incapacitation
- upon expiration of registration, if a business activity was registered for a limited period
- if his/her commercial account is frozen for more than two years pursuant to a request for deletion of the entrepreneur from the register filed by the National Bank of Serbia or the Tax Administration
- if his/her registration is declared null and void by a final and enforceable court judgement
- if an injunction from carrying on a business activity is imposed on him/her by a final and enforceable judgement or an enforceable decision of a competent body or court of honour of a chamber of commerce of which he/she is a member
- in case of termination of an authorisation, approval or other act by a competent authority imposed as a requirement for registration in accordance with Article 4 paragraph 2 of the Law on Companies by a special law
- in other cases provided for by the law.
An entrepreneur may decide to continue carrying on a business activity in the form of a company, in which case the provisions of the Law on Companies opertaining to incorporation of the company form concerned shall apply mutatis mutandis. Pursuant to a cited decision, an entrepreneur shall be deleted from the register of economic operators and simultaneously the incorporation of a company shall be registered, which company shall then assume all obligations of the entrepreneur arising from his/her operations up to the time of foundation of such company.
Documentation Required for Strike off of Company and Entrepreneur from the Register
For the realization of registration related to the strike off of the company and entrepreneur from the Register, the following documents shall be submitted:
Strike-Off of Entrepreneur from the Register
- for the strike-off of an entrepreneur from the Register, the entrepreneur shall submit an application for strike-off
- for the strike-off of an entrepreneur from the Register by operation of law, a document corroborating the occurrence of the fact that led to the termination of activity shall be submitted.
Strike-off of Entrepreneurs and Continuation of Activity in the Form of a Company
- the application for strike-off of an entrepreneur from the Register due to the continuation of entrepreneurial activity in the form of a business company
- application for the registration of a company.
Instigation of Liquidation Proceedings
- the application for the instigation of liquidation proceedings and the publication of the announcement
- a decision on instigation of liquidation proceedings
- signature of the liquidation manager notarized by the competent notarization body, if that person is not a registered company representative.
The Instigation of a Procedure for Compulsory Liquidation of a General or Limited Partnership
- application for registration of a compulsory liquidation procedure
- final and enforceable judgment establishing the claim of the creditor
- proof that the creditor requested settlement of debt
- proof that the debtor did not settle the debt.
Registration of Initial Liquidation Report and/or Annual Liquidation Report
- the application for the registration of the initial liquidation report and/or the annual liquidation report
- the initial and/or annual liquidation report.
Registration of Termination of Liquidation Proceedings
- the application for the registration of the termination of the liquidation proceedings
- decision on the termination of liquidation proceedings
- signature of the company’s authorized representative notarized by the competent notarization authority, if a new representative is appointed due to the termination of the liquidation proceedings.
Strike-Off of the Company from the Register
- the application for registration of strike-off of company from the Register after the termination of the liquidation proceedings
- company resolution on the termination of liquidation proceedings
- final liquidation report
- statement that the company has fully settled its obligations on account of reported claims and that there are no other proceedings pending against the company
- resolution on the division of the company liquidation estate
- company resolution appointing the person to whom business books and documents are entrusted for custody or statement of the liquidation manager on the name and address of that person.
Consent, License or other Competent Authority Act
If a separate law prescribes a consent, license or other competent authority act as a requirement for registration, the required consent, license or other act issued by the competent authorities, shall be submitted along with the registration application and the supporting documents required under the Rulebook on the content of the Business Entities Register and documents required for registration
For all of these changes, concerning the strike off of the company and entrepreneurs from the Register it is necessary to attach a proof of payment of fees for strike off!