LEGAL ACTS IN ENGLISH
 
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Legal Acts in English
Group: COMPANIES, BUSINESS
Issue: LAW ON THE PROCEDURE OF REGISTRATION WITH BUSINESS REGISTERS AGENCY
Published in the Službeni glasnik RS, Nos. 99/11 of 27 December 2011, 83/14 of 5 August 2014 and 31/19 of 29 April 2019
Contents
Section: I BASIC PROVISIONS
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  • Scope of the Law
     Article 1

    This Law shall govern the procedure of registration, recording and publication of data and documents that are subject to registration, recording and publication in the registers and records kept by the Serbian Business Registers Agency (hereinafter: the Agency), pursuant to a separate law, and other issues of relevance for registration, recording and publication. 

  • Terms
     Article 2

    The terms used herein shall have the following meaning:

    1) Register is a unique, central electronic base of data and documents prescribed as the subject-matter of registration as well as of documents on the basis of which registration has been effected;

    2) Data are facts subject to registration or recording or of relevance for business transactions;

    3) Registration is the act of entering, changing or deleting data and documents in the registers kept by the Agency;

    4) Registration application (hereinafter: Application) is а request for initiating the registration procedure;

    5) Registrar is a natural person in charge of keeping the Register, appointed pursuant to the law governing the legal status of the Agency;

    6) Registration applicant is a person authorized to submit the application;

    7) Publication is the electronic display on the Agency's website, of data and documents that are subject to registration and recording, of decisions adopted in the registration and recording procedure and data and documents that are not the subject to registration and recording but are published pursuant to regulations;

    8) Excerpt of registered data is a public document containing registered data on a legal or natural person or the subject-matter of registration, reflecting the state as it is at the moment of issue of the excerpt;

    9) Certificate means a public document confirming whether certain records or documents were registered, whether the register contains such documents, whether certain facts are contained in the registered documents or confirming the legal circumstances or consequences of registration;

    10) Record means a unique, central electronic base of data and documents prescribed as the subject-matter of recording and of documents on the basis of which recording has been effected;

    11) Excerpt of recorded data is a public document confirming whether data or documents are recorded, whether the records contain some document, whether certain facts are contained in the documents kept in the records;

    12) User application is a software application solution designed for submittal of electronic applications;

    13) Annotation is the entry of data or documents that are the subject to mandatory annotation, pursuant to regulations, or the entry of records or documents that are assessed by the Registrar as facts of relevance for business transactions, and which are related to information and documents that are to be registered.

  • Principles of Registration
     Article 3

    The registration procedure shall be based on the following principles:

    1) Transparency and availability, according to which registered data and documents shall be placed in public domain, available to all parties, either on the Agency's website or through direct access to the Register, unless transparency and access are restricted or excluded by law;

    2) Accuracy and bona fides principle, according to which third parties relying on the data from the Registers in business transactions shall not bear damaging legal consequences arising due to inaccurate data contained in the Registers;

    3) Procedure, according to which the Registrar makes decisions based on the facts contained in the application, supporting documents and registered data, without verifying the accuracy of the facts in the application, the authenticity of the attached documents and correctness and legality of the procedures through which the documents were issued;

    4) Date of issue, according to which data and documents are kept in the Register based on the date of issue of the data or documents, unless otherwise prescribed by law;

    5) Time sequence, according to which priority in decision making is given to the application submitted earlier.

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