Attorney Dragana Djordjevic » Blog

Deadlines for settlement of monetary obligations in commercial transactions

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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. Continue reading Deadlines for settlement of monetary obligations in commercial transactions →

Compensation for profit lost

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According to the provisions of the Law of Contract and Torts, in addition to the right to compensation for ordinary damages, the injured party has the right to compensation in the form of profit lost.

Common damage represents a decrease in an existing property. At the same time, the profit lost is damage reflected in the impossibility of increasing the property or prospective property due to the actions or actions of the damager.

According to the provisions of Article 189, paragraph 3 of the Law of Contract and Torts, when assessing the amount of profit lost, the profit that could reasonably be expected according to the regular course of things or according to particular circumstances and whose realization was prevented by the harmed person’s act or omission, is taken into account.

The profit lost can appear in monetary and in-kind forms.

According to the understanding of court practice, lost benefit represents unrealized property value, regardless of whether it would appear in monetary or in-kind form and irrespective of the basis on which it would be realized. Profit lost can arise due to damage to things in the form of loss of natural and civil fruits that escaped the injured party. Continue reading Compensation for profit lost →

e-Registration of establishment of business companies in Serbia

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According to the provisions of Article 9, Paragraph 2 of the Law on the Registration Procedure in the Business Registers Agency (“Official Gazette of RS”, No. 99/2011, 83/2014, 31/2019 and 105/2021) starting from May 17, 2023, the registration application for the establishment of a business company, namely a limited liability company (LLC), joint stock company (JSC), limited partnership (LP) and general partnership (GP), can be submitted to the Business Entities Register of the Serbian Business Registers Agency EXCLUSIVELY ELECTRONICLY.

E-Registration for establishing business companies is realized in the Serbian Business Registers Agency application.

E-Registration of the establishment of a business company in Serbia includes:

  • Submitting an electronic application through a special application;
  • Attaching electronic documents signed with a qualified certificate and
  • Paying the fee for the registration of the establishment by payment card.

Submitting an electronic application for the establishment of a business company

E-Registration of the establishment of a business company begins with the submission of an electronic application for establishing a business company to the Business Entities Register of the Serbian Business Registers Agency through a user application for receiving electronic applications, which ensures the receipt of electronic documents and proof of payment of the registration fee. Continue reading e-Registration of establishment of business companies in Serbia →