Company seat and receiving mail

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. Continue reading Company seat and receiving mail

The right of foreigners to acquire immovable properties in Serbia

Provisions of the Law on Foundations of Property Law Relations (“Official Gazette of the Socialistic Federal Republic of Yugoslavia”, No. 6/80, 36/90, “Official Gazette of the Federal Republic of Yugoslavia”, No. 29/96 and “Official Herald of the Republic of Serbia”, No.115/2005 – other Law) regulates the right of foreign persons (natural and legal) to acquire the right of ownership on real estate in the territory of the Republic of Serbia, legal transactions inter vivos (contract of sale, contract of gift, contract of lifetime support, etc.) and legal transactions mortis causa (by inheritance).

Acquisition of real estate by legal transactions among the living (inter vivos)

The conditions for acquiring real estate through legal transactions among the living (inter vivos) differ depending on whether foreigners in the Republic of Serbia perform their activity or not.

A contract on acquiring the right of ownership over immovables may be certified if requirements provided in provisions of Article 82a of the Law on Foundations of Property Law Relations (“Official Gazette of the Socialistic Federal Republic of Yugoslavia”, No. 6/80, 36/90, “Official Gazette of the Federal Republic of Yugoslavia”, No. 29/96 and “Official Herald of the Republic of Serbia”, No.115/2005 – other Law) for acquiring the right of ownership have been met, and that:

  • Foreign natural persons and legal entities conducting a business activity in the Republic of Serboa may, under the terms of reciprocity, acquire ownership rights on such immovables as are necessary for conducting of such activity (paragraph 1), and
  • A foreign natural person not conducting a business activity in the Republic of Serbia may, under the terms of reciprocity, acquire ownership rights over a flat and an apartment building, as may a citizen of the Republic of Serbia (paragraph 2).

Continue reading The right of foreigners to acquire immovable properties in Serbia

Compulsory liquidation of companies

The procedure of compulsory liquidation and deletion from the register of business entities of companies shall be initiated and conducted ex officio by the Agency for Business Registers of the Republic of Serbia when there are reasons for creating the procedure of compulsory liquidation prescribed by the Companies Act.

The provisions of Articles 546, 547 and 548 of the Companies Act prescribe the reasons for initiating compulsory liquidation proceedings, the manner of starting and terminating proceedings and the consequences of deleting a company from the register of business entities in case of compulsory liquidation. Continue reading Compulsory liquidation of companies