BUSINESS REGISTERS AGENCY ACT("Off. Herald of RS", Nos. 55/2004, 111/2009 and 99/2011) |
Article 1
The Business Registers Agency (hereinafter: the Agency) shall be established under the present Act.
Article 2
The Agency shall have the status of a legal entity.
The Agency shall have its own operating account.
The Agency shall operate in conformity with the regulations governing public agencies.
Article 3
The seat of the Agency shall be in Belgrade.
The Agency may also have its organisational units outside its seat.
The Agency’s organizational units shall not have the status of a legal entity.
Article 4
The Agency shall keep the registers determined by law as single centralized databases, including:
1) Business Register;
2) Register of Pledges over Movable Property and Rights;
3) Financial Leasing Register;
4) Register of Media;
5) Register of Associations;
6) Register of Foreign Associations;
7) Register of Regional Development;
8) Register of Chambers of Commerce;
9) Register of Tourism;
10) Register of Financial Statements;
11) Register of Bankruptcy Estate;
12) Register of Endowments and Foundations;
13) Register of Offices of Foreign Endowments and Foundations;
14) Register of Sport Associations, Societies and Federations;
15) Register of Injunctions;
16) Other registers as provided by law.
Health workers’ chambers established by the Law on Chambers of Professional Health Workers ("Official Herald of RS", Nos. 107/05 and 99/10) and the Chamber of Social Protection established by the Law on Social Protection ("Official Herald of RS", No. 24/11), shall be entered into the Register of Associations from Paragraph 1, item 5) of this Article, according to the mutatis mutandis application of the provisions of the regulations governing the registration of associations and in the manner and under the procedure prescribed by the law regulating the registration process at the Business Registers Agency.
The Agency shall keep records and other electronic databases established by law and other regulations and perform other duties in accordance with the law.
For the purposes of performing the operations referred to in paragraphs 1, 2 and 3 of this Article and providing the services of processing and issuance of registered and recorded data, the Agency shall:
1) Take over data from competent government agencies and institutions:
2) Carry out data analysis so as to prepare reports to government agencies and other interested users, pursuant to the law and other regulations;
3) Provide in keeping with the law and other regulations for the electronic linking of registers and records kept by the Agency with other registers, records and databases kept in the Republic of Serbia and outside the Republic of Serbia and linking with other users of services, by the means of a telecommunications network or via computerized media;
4) Perform professional, developmental, statistical and other operations in conformity with law and other regulations;
5) See independently to the establishment, development and protection of the Agency's electronic databases and apply measures towards upgrading the electronic services in accordance with the corresponding nationally and internationally accepted standards;
6) Look independently after the Agency's documentation and archives by applying the measures relating to processing, management, storage, technical-technological and security protection;
7) Perform such other operations as are provided by law and other regulations.
The Agency shall provide other related services to be decided by the Agency’s Board of Directors.
The Agency shall perform the operations referred to in paras. 1 to 5 of this Article as assigned operations.
Article 4a
The Agency shall have the rights of a database producer to the databases of registers and records it maintains, in accordance with law and international standards.
Funding the Establishment and Operation of the Agency
Article 5
The funds necessary for establishing the Agency shall be provided from:
1) Budget of the Republic of Serbia;
2) Donations, contributions and sponsorships by domestic and foreign legal persons and natural persons;
3) Other sources of funding in conformity with law.
The funds necessary for operation of the Agency shall be provided from:
1) Revenue from the fees for the services provided by the Agency in the scope of its competencies;
2) Donations, contributions and sponsorships by domestic and foreign legal persons and natural persons;
3) Other sources of funding in conformity with law.
Article 5a
The Agency shall be entitled to collect fees from users for rendered services.
The type, amount and payment of fees for registration and other services provided by the Agency in accordance with law shall be determined by the Board of Directors of the Agency, with the consent of the Government.
The Agency shall provide data and documents to state agencies and organizations, bodies of autonomous provinces and local governments without charge and upon written and reasoned request, in cases where such data is necessary to carry out affairs within their competences.
Type, amount, method of delivery of data and documents and other issues related to the use of data mentioned in paragraph 3 this Article shall be determined by a decision of the Agency’s Board of Directors which must be approved by the Government.
Article 6
The Agency shall be financed in accordance with the financial plan adopted by the Board of Directors at the latest by 15 December of the current year for the next one.
The financial plan shall estimate the aggregate revenues and expenditures and investments in the Agency’s development from the amount of revenue exceeding the expenditures.
The financial plan referred to in paragraph 2 of this Article must be approved by the Government.
If the annual statement of revenues and expenditures show that the total revenues of the Agency are higher than the total expenditures the balance shall be transferred to the Budget of the Republic of Serbia or be used for the Agency development purposes in accordance with the Agency’s financial plan.
The distribution of the surplus revenue referred to in paragraph 4 of this Article shall be decided on by the Board of Directors of the Agency with the approval of the Government.
Should the Agency fail to earn the planned revenue by performing of operations in the scope of its competencies, the lacking funds shall be provided from the Budget of the Republic of Serbia.
The Agency shall keep ledgers and draw up annual financial statements in accordance with the law governing accounting and audit.
Article 7
The bodies of the Agency shall be: the Board of Directors and Director.
Article 8
The Board of Directors shall have a President and four members, who shall be appointed and dismissed by the Government of the Republic of Serbia at the recommendation of the ministry in charge of economy.
The President and members of the Board of Directors shall be appointed for a four-year term.
The duties of the Board of Directors shall be as follows:
1) Enacting the Statute and other general rules;
2) Enacting its Rules of Procedure;
3) Determining the amount of fees for services rendered by the Agency;
4) Adopting the annual Plan of Operations;
5) Selecting the auditors;
6) Adopting the annual Financial Plan;
7) Adopting the annual Statement of Operations;
8) Adopting Financial Statements and Auditor’s Reports;
9) Recommending measures towards eliminating disturbances of importance for efficient operation of registers;
10) Performing such other duties as are established by law and the Statute.
The Statute, annual Plan of Operations, Development Program, annual Financial Plan and annual Report on Financial Operations must be approved by the Government.
Article 9
(Deleted)
Article 10
The Agency’s Director shall be appointed and dismissed by the Government at the recommendation of the Board of Directors.
The Director shall be appointed for a five-year term of office and may be re-appointed.
The duties of the Director shall be as follows:
1) Acting as agent for and representing the Agency;
2) Organizing and managing the operation and business of the Agency;
3) Carrying the responsibility for lawfulness of the Agency’s operation;
4) Executing the decisions of the Board of Directors and taking steps towards their implementation;
5) Carrying the responsibility for the use of human resources and material resources of the Agency and disposal of the Agency’s property;
6) Proposing the Agency’s annual Plan of Operations;
7) Proposing the Agency’s annual Financial Plan;
8) Presenting the Agency’s annual Activity Report;
9) Presenting the annual Report on the Agency’s Financial Operations;
10) Issuing the Rules of Internal Organization and Job Systematization in the Agency and other bylaws not issuable by the Board of Directors;
11) Issuing individual decisions on behalf of the Agency, unless otherwise provided by law;
12) Deciding on the rights and duties of the employees in the Agency;
12a) Adopting general methodological and technical guidelines for the processing of data originating from two or more registers, records, i.e. databases, at the proposal of registrars or other authorized persons;
12b) Appointing expert advisory bodies for strategic, developmental and methodological issues, from the ranks of recognized national and international experts in areas related to the scope of Agency’s operation;
13) Performing also such other duties as are provided by law and the Statute.
Article 10a
The Agency shall maintain registers through the registrars.
Registrars shall be appointed and dismissed by the Agency’s Board of Directors, subject to prior approval of the Government.
Registrars shall be appointed for a four-year term of office and they may be reappointed.
A registrar may be relieved of duty before expiration of the term for which he/she has been appointed in the following cases:
1) At a registrar’s own request;
2) If a registrar is not performing his/her duties in accordance with law;
3) For other reasons provided by law.
At the reasoned proposal of the Agency’s Director, the Board of Directors may assign a registrar who has been already been appointed in accordance with paragraph 2 of this Article to maintain another register, records and other databases kept by the Agency, for the sake of more economical and efficient operation and business of the Agency.
Authorizations and Duties of Registrar
Article 10b
In relation to the register kept by him/her, a Registrar shall be authorized and due to:
1) See to the lawful, systematic and up-to-date keeping of the register;
2) Determine in greater detail the way of keeping the register;
3) Take decisions on the making of entries in the register, i.e. registering the data;
4) Issue the standard forms of registration applications and requests in the register keeping procedure;
5) Take such other action as is necessary for trouble-free and proper operation of the register in keeping with law.
A registrar shall be independents in his/her work, in the scope of the authorizations provided by law and other regulations.
Article 11
The bylaws of the Agency shall be its Statute and other bylaws.
The Statute shall include the provisions on the following:
1) Name and seat;
2) Scope of activity, i.e. operation;
3) Bodies and their purviews;
4) Internal organization;
5) Representation and responsibility for liabilities;
6) Bylaws and modality of their adoption;
7) Procedure for making amendments to the Statute;
8) Rights and duties of employees;
9) Other matters of importance for work and operation of the Agency.
Article 12
Internal audits shall be conducted in the Agency.
Internal audit shall provide the Board of Directors and Director with independent and objective opinion concerning the issues that are the subject matter of audit, follow the identification of risks and managing such risks, give assistance towards achievement of the Agency’s business aims, give advice for advancement of the Agency’s operation, as well as of the existing modes of direction and management of business processes, establish whether ledgers and other documents are kept orderly and in keeping with regulations, and perform other duties that relate to internal audit, in keeping with the regulations and standards applicable to internal auditing.
Article 12a
For the purpose of having the annual financial statements audited, the Agency shall hire an external auditor in conformity with law.
The report together with the external auditor’s opinion shall be submitted to the Agency’s Board of Directors for adoption.
Openness of the Agency to the Public
Article 12b
The Agency shall publish on its Internet site its annual program of activity, financial plan, annual operating report and annual financial statement, in keeping with the regulations that govern the legal status and operation of public agencies and in keeping with other regulations and bylaws of the Agency.
Publication of data and documents shall be performed on the Internet site of the Agency, in accordance with the regulations governing the registration procedure in the Agency and this Act.
Relationship of the Agency with the Users
Article 12c
The Agency shall provide the users with an opportunity to give their own views on the operation of the Agency and its quality of services and suggest ways of improvement at least twice a year, whereof a separate report shall be made which shall become an integral part of the annual report on the operation of the Agency.
Users must be allowed to make their objections and suggestions regarding the operation of the Agency orally, in writing, by telephone or electronically.
Comments and suggestions from paragraph 1 of this Article shall be received and considered by a Board of Directors member whom the Agency’s Board of Directors has authorized to do so for a period of one year and who is to report his/her conclusions to the Board of Directors, the Director, the person to whom the objection applies and the user.
Transitional and Concluding Provisions
Article 13
The Government of the Republic of Serbia shall appoint the President and members of the Board of Directors within 15 days from the day this Act has entered into force.
Article 14
The Board of Directors shall enact the Statute within 15 days from the day of its appointment.
Article 15
The Agency shall start keeping the Register of Pledges over Movable Property and Rights and the Financial Leasing Register by 1 July 2005 at the latest.
Article 16
The present Act shall enter into force on the eighth day from the day of its publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Amendments and Additions to the Business Registers Agency Act
("Off. Herald of RS", No. 111/2009)
Article 12
Article 77 of the Law on the Registration of Commercial Entities ("Off. Herald of RS", Nos. 55/04 and 61/05), and the secondary legislation enacted pursuant to that Article shall cease to be valid with the expiration of the ninetieth day from the day of entry into force of the present Act.
Article 13
The present Act shall come into force on the eighth day upon its publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Amendments and Additions to the Business Registers Agency Act
("Off. Herald of RS", No. 99/2011)
Transitional and Concluding Provisions
Article 9
Registrars appointed prior to the entry into force of the present Act shall continue to work until the expiry of the period to which they have been appointed.
Article 10
Bylaws of the Board of Directors of the Agency referred to in Article 5a para. 2 and 4 of this Act shall be adopted within 90 days from the day of entry into force of the present Act.
Article 11
On the day of entry into force of the present Act, the provisions of Article 2b, para. 4 of the Law on Chambers of Commerce ("Off. Herald of RS", Nos. 65/01 and 36/09), the provisions of Articles 44, 44a and 47 of the Law on Financial Leasing ("Off. Herald of RS", Nos. 55/03, 61/05 and 31/11), the provisions of Articles 57, 57a and 60 of the Law on Liens on Movable Assets Entered into the Register ("Off. Herald of RS", Nos. 57/03, 61/05 and 64/06 - corr.), the provisions of Article 32, para. 2 and Article 36 of the Law on Accounting and Auditing ("Off. Herald of RS", Nos. 46/06 and 111/09), the provisions of Article 117. para. 4 and 5 of the Tourism Law ("Off. Herald of RS", No. 36/09 and 88/10), the provisions of Article 27, para. 2, Article 35 and Article 61, para. 2 of the Law on Associations ("Off. Herald of RS", No. 51/09), the provisions of Article 136, para. 5 and 9 of the Law on Bankruptcy ("Off. Herald of RS", No. 104/09), the provisions of Article 63, para. 4 of the Sports Law ("Off. Herald of RS", No. 24/11), and the provisions of Articles 300 and 311 of the Law on Enforcement and Security Interest ("Off. Herald of RS", No. 31/11) shall cease to be valid.
Article 12
This Law shall enter into force on the eighth day following the day of its publication in the "Official Herald of the Republic of Serbia".