LAWON THE PROCEDURE OF REGISTRATION WITH THE BUSINESS REGISTERS AGENCY ("Off. Herald of the RS", Nos. 99/2011, 83/2014, 31/2019 and 105/2021) |
Article 1
This Law shall govern the procedure of registration, recording and publication of data and documents that are, in accordance with a separate law, subject to registration, recording and publication in the registers and records kept by the Business Registers Agency (hereinafter: the Agency), as well as other issues of relevance for registration, recording, and publication.
Article 2
Certain terms used in this Law shall have the following meaning:
1) Registeris 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 executed;
2) Dataare facts prescribed as the subject-matter of registration or recording, or which are of relevance for legal transactions;
3) Registrationis inscription, modification or deletion of data and documents in the registers kept by the Agency;
4) Registration application(hereinafter: application) is а submission to initiate the registration procedure;
5) Registrar is a natural person in charge of keeping the register, appointed pursuant to the law that regulates the legal status of the Agency;
6) Applicant is a person authorized to submit the application;
7) Publicationis 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 of data and documents that are not the subject to registration and recording but are published pursuant to regulations;
8) Excerpt of registered or recorded data is a public document containing registered or recorded data on a legal or natural person or the subject-matter of registration or recording, reflecting the state as it is at the moment of issue of the extract;
9) Certificateis a public document that confirms whether a data or document was registered or recorded, whether the register or record contains a certain data, i.e. document, whether certain facts are contained in the documents from the register or records, or which confirms the legal circumstances or consequences of registration or recording;
10) Recordis 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 executed;
11) (Deleted)
12) User applicationis an application software solution intended for submittal of an electronic application;
13) Annotation is the inscription of data or documents that are, as such, prescribed as the subject-matter of annotation, or the inscription of data and documents that are assessed by the registrar as facts of relevance for legal transactions, and which are related to data and documents that are subject to 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 availability are restricted or excluded by law;
2) Accuracy and good faith assumption, according to which third parties in legal transactions that rely on the data from the registers do not bear harmful legal consequences due to inaccurate data contained in the registers;
3) Formality, 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) Time of issue, according to which data and documents are kept in the register according to the time of issue of data i.e. documents, unless otherwise prescribed by law;
5) Time sequence, according to which priority in decision-making is given to the application submitted earlier.
Subsidiary Application of Laws
Article 4
The issues pertaining to the registration and recording procedure that are not specifically regulated by this Law shall be subject to the law governing general administrative procedure.
By way of exception from paragraph 1 of this Article, where the competent registrar or the second instance authority annul a competent registrar’s final administrative decision or final decision which is not subject to administrative dispute proceedings, the legal consequences produced by the annulled decision shall not be removed.
Article 5
The registration procedure shall be initiated by submitting the application to the Agency but it may also be initiated ex officio.
Person Authorized to Submit Application
Article 5a
A person authorized to submit applications shall be:
1) A person authorized to represent a legal person;
2) A person authorized by law for registration of data prescribed by the law;
3) A founder in the procedure of incorporation of a company;
4) A natural person that is being registered or has been registered as a sole trader.
By way of exception from paragraph 1, item 1) of this Article, the person authorized to submit application:
1) For registration of transfer of a stake in a company can also be the acquirer, i.e. the transferor of the stake;
2) For registration of a resignation of the person authorized to represent can also by the person that is resigning;
3) For registration of dismissal of a person authorized to represent, if no other another person authorized to represent has been appointed at the same time, can be a member of the company.
Initiating the Procedure by Submitting an Application
Article 6
The application shall be submitted on a prescribed form and if there is no prescribed form, then in the form of a submission containing the following data:
1) Name of the register that the application is submitted to;
2) Subject-matter and type of registration;
3) Applicant's identification data;
4) Manner in which, as prescribed by this Law, the applicant requests the registrar's decision to be delivered to him.
The application shall be accompanied by the required documents, either originals or certified transcripts or certified copies, unless otherwise prescribed, as well as by proof of payment of the registration fee.
If a document is submitted in a foreign language, it shall be accompanied by a translation certified by a sworn court translator.
Data and documents to be submitted along with the application in accordance with this Law, and whereon official records are kept, the registrar shall obtain ex officio, by virtue of direct inspection of the official records, through the Government Service Bus or in another accepted manner in accordance with the law governing electronic government, unless the applicant states that he/she will obtain such data and documents himself/herself.
Initiating an Ex Officio Procedure
Article 7
The registration procedure shall be initiated ex officio if such a registration is foreseen by law or when it is in the public interest.
Article 8
Inscription of an annotation shall be made based on an application or ex officio, if the registrar becomes aware of facts and documents of relevance for legal transactions, related to the data and documents that are subject to registration.
Where the registrar assesses that the facts and documents are not of relevance for legal transactions or that they are not related to the data and documents subject to registration, the registrar shall dismiss the application within five working days from the application submission date by means of a decision.
Where the conditions for inscription of an annotation of data and documents subject to registration under a separate regulation are not fulfilled, the registrar shall pass a decision in compliance with Article 17, paragraph 2 of this Law.
Manner of Application Submittal
Article 9
The Application shall be submitted to the Agency directly in paper or electronically or through mail.
Notwithstanding paragraph 1 of this Article, the application for incorporation of a company shall be submitted to the Agency electronically only.
Where the application is submitted by mail, the date and time of its submission shall be deemed to be the date and time of its receipt by the Agency.
Time Limit for Application Submittal
Article 10
The applicant shall submit the application to the Agency within 15 days from the date of generation of a data or a document subject to registration, i.e. of the modification of the registered data or document, unless another time limit is prescribed by law.
If the application is submitted upon expiry of the time limit set in paragraph 1 of this Article, a fee shall be charged pursuant to the regulation prescribing fees for the Agency's services.
Electronic Application Submittal
Article 11
An electronic application shall be submitted to the Agency through the user application for receipt of electronic application whereby the receipt of electronic documents and proofs of payment of registration fees shall be secured.
Signing of electronic application and documents, as well as certification of electronic documents, shall be carried out in compliance with the regulations governing electronic signature and electronic document.
Validation of a qualified electronic signature on the application referred to in paragraph 1 of this Article shall be carried out according to the time of receipt of the application.
Validation of a qualified electronic signature on the documents that are to be enclosed to the application referred to in paragraph 1 of this Article shall be carried out according to the time of documents' loading into the user application, except where the documents are furnished with a qualified electronic time stamp.
At the moment of validation of the qualified electronic signature referred to in paragraphs 3 and 4 of this Article, the Agency shall confirm the validity of such signature by means of a qualified electronic time stamp.
Certification of a Digitized Act by a Lawyer
Article 11a
If the application is accompanied by an act, i.e. a document originally drafted in paper, a copy of such act, i.e. a document digitized and certified in accordance with the law governing electronic document, electronic identification and trust services in electronic business, shall be submitted.
Digitization of the act, i.e. the document and confirmation of identity to the original in accordance with paragraph 1 of this Article, for the purposes of conducting the procedure in accordance with this Law, except for persons determined by the law governing electronic document, electronic identification and trust services in electronic business, can also be performed by a lawyer entered in the register of lawyers of the Bar Association of Serbia, if the lawyer by virtue of his/her electronic signature, i.e. qualified electronic seal at the same time signs also the application wherewith such act, i.e. document is submitted.
The lawyer shall keep the original act, i.e. document that he/she digitized and submitted to the Agency in accordance with paragraph 2 of this Article, as well as the digitized act, i.e. document itself, in accordance with the law.
Certificate of Receipt of Application
Article 12
The certificate of receipt of application shall be issued at the applicant's request, on the occasion of direct submission of the application to the Agency.
The certificate of receipt of electronic application shall be sent to the electronic address registered as the electronic address for receipt of mail or to the electronic address listed in the application.
The certificate of receipt of application shall contain, in particular, the designation of the register, the number under which the application has been filed, the date and time of the receipt thereof, application type, applicant's data and a list of attached documents.
The following data about the received application shall be published on the Agency's website:
1) Designation of the register;
2) Number under which the application has been filed;
3) Date and time of receipt of the application;
4) Type of application;
5) Applicant’s data;
6) Data on the current status of the application.
Modification to the Application and its Withdrawal
Article 13
The Applicant can modify the application or withdraw it until the decision of the registrar has been adopted upon it.
If the applicant withdraws the application, the registrar shall issue a decision whereby the procedure shall be discontinued.
Registrar's Course of Action with Respect to Application
Article 14
The Registrar shall check whether the conditions for registration are met at the time of registration, and specifically:
1) Whether he has the jurisdiction to act upon the application;
2) Whether the application has been submitted by a person authorized to submit it, and whether the application has been signed in compliance with this Law;
3) Whether a data or a document is subject to registration;
4) Whether a data or a document whose registration is requested has already been registered;
5) Whether the application contains the data and facts required for registration;
6) Whether the prescribed documents, the contents and form of which is laid down by the law, are enclosed with the application;
7) Whether the facts entered in the application are consistent to the facts contained in the documents enclosed with the application and to data registered in the register which is acting upon the application, i.e. to data registered in the competent register, which are publicly available;
8) Whether any other legal person or a sole trader have already been registered under the same name in the register acting upon the application or whether an application has already been submitted for registration under the same name or whether the name has been reserved in compliance with this Law, i.e. whether the name has been set in compliance with the law;
9) Whether the proof of payment of the registration procedure fee has been enclosed with the application based on which it can be determined that the fee has been paid into the current account of the Agency;
10) Whether the application is submitted within the legally prescribed time limit, where this is a condition for registration;
11) Whether the application referred to in Article 17, paragraph 3 of this Law has been submitted within the legally prescribed time limit, and whether the identified deficiencies have been removed;
12) Whether the registration of data or document is contrary to a separate law;
13) Whether the registration of data or document is contrary to an act of a competent authority passed in compliance with the law.
Time Limit for Deciding on the Application and Adopting of the Decision
Article 15
The registrar shall decide on the application by means of a decision within five working days from the application receipt date.
Where the electronic application is submitted on a non-working day, it shall be considered that it has been submitted on the first following working day, from which the time limit referred to in paragraph 1 of this Article shall start to run.
If the registrar obtains data and documents ex officio, the time limit referred to in paragraph 1 of this Article shall start to run on the day following the date of obtaining the data, i.e. documents, unless obtainment of data and documents is performed by virtue of direct inspection of the official records of another authority, through the Government Service Bus or in another accepted manner in accordance with the law governing electronic government, where the time limit referred to in paragraph 1 is calculated from the date of obtaining such data and documents.
The registrar shall sign the decision referred to in paragraph 1 of this Article in his/her own handwriting, by facsimile or electronically, in accordance with the regulations governing electronic document, electronic identification, and trust services in electronic business.
Decision to Accept the Application
Article 16
If the registration requirements are met, the registrar shall issue a decision to accept the application, without the applicant's participation in the procedure.
Article 17
Where the registrar determines that conditions for registration referred to in Article 14, paragraph 1, items 1), 3), 4), 10), 11), 12) and 13) of this Law are not fulfilled, he shall pass a decision whereby the application is rejected.
Where the conditions for registration referred to in Article 14, paragraph 1, items 2), 5), 6), 7), 8) and 9) of this Law are not fulfilled, the registrar shall pass a decision whereby the application is rejected while specifying the conditions for registration that have not been fulfilled.
If the applicant, within 30 days from the date of publication of the decision referred to in paragraph 2 of this Article, submits a new application for registration, with a reference to the number of decision whereby the earlier application has been rejected and removes all the identified deficiencies, the applicant shall pay a half of the amount of the fee prescribed for registration.
The applicant can exercise the right to payment of the reduced fee amount referred to in paragraph 3 of this Article once, and only in relation to the application for registration of data and documents rejected by means of the decision referred to in paragraph 2 of this Article.
Attached to the application referred to in paragraph 3 of this Article, the application shall provide only the missing, i.e. complete documentation in order to remove the deficiencies determined in the decision referred to in paragraph 2 of this Article.
Partially Accepted Application
Article 18
If an application refers to the registration of two or more data or documents, the application shall be partially accepted by registering the data or documents that fulfill the registration requirements, while the remaining part of the application shall be decided upon in the manner prescribed in Article 17 of this Law.
Failure to Observe the Time Limit for Deciding upon the Application
Article 19
If the registrar fails to decide upon an application within the time limits set in Article 15 of this Law, the application shall be deemed accepted, and the registrar shall issue a decision accordingly, carrying out the requested registration without delay, except in cases where requirements prescribed in Article 14, items 1), 3), 4) and 10) - 13) of this Law have not been fulfilled.
Procedure Suspension and Postponement
Article 20
The registrar shall suspend or postpone the procedure of deciding on an application in the cases and in the manner prescribed by the law governing the subject-matter of that particular registration.
Restitution to Original Condition
Article 21
No restitution to original condition shall be allowed in the process of registration.
Publication and Effect of the Registration
Article 22
The decisions issued by the registrar in the process of registration shall be published simultaneously.
The registered data and documents shall be published simultaneously with the issuance of the decision accepting the application.
The registration shall produce legal effect towards third parties on the day following the date of publication.
The registration shall produce legal effect for the future.
Rectification of the Register Error
Article 23
If during registration an error was made in the register, relating to spelling or calculation mistakes and other evident inaccuracies, the registrar shall, immediately upon learning of the error or within five working days from the date of submission of a request for rectification, proceed to rectify the error and inform thereof the subject of registration, i.e. the rectification requestor, in writing.
If the registrar learned of the error in the Register upon receipt of the application, he shall immediately act in the manner prescribed in paragraph 1 of this Article and rectify the established error, while he shall reject the application due to non-fulfilment of the conditions referred to in Article 14, item 7) of this Law, since the facts from the application are not in accordance with the data registered in the register which acts upon the application, with an invitation to the applicant to eliminate the deficiency within the time limit referred to in Article 17, paragraph 3 of this Law by harmonizing the data from the application and the documentation accompanying the application with the new state in the register, without paying the registration fee.
If the registrar, when deciding on request for rectification of an error, determines that no error has been made, he shall issue a decision dismissing the request as unfounded.
Delivery of a Written Copy of Registrar's Decision
Article 24
Delivery of a written copy of the registrar's decision shall be performed upon request of the applicant, for the purpose of information, in one of the following manners:
1) By mail, to the registered mailing address of the legal person or sole trader;
2) By mail, to the address of the seat of the legal person or sole trader, if no specific mailing address is registered;
3) By sending to the registered electronic mail address, pursuant to the law governing electronic document, electronic identification and trust services in electronic business;
4) By handing over at the Agency's headquarters or its organizational units;
5) By mail, to the address of domicile or residence of a natural person who is a party in the procedure.
Notwithstanding paragraph 1 of this Article, if the application was filed electronically, a copy of the registrar's decision in electronic form shall be delivered, for the purpose of information, to the registered electronic mail address or to the electronic mail address noted in the application.
Notwithstanding paragraphs 1 and 2 of this Article, to users of the e-government service registered in accordance with the law governing e-government, delivery for the purpose of information shall be performed exclusively to the Unified Electronic Mailbox.
Where the registrar's decision produces legal effect from the date of delivery, the correctness of delivery shall be assessed in accordance with the provisions of the law governing general administrative procedure, and if the delivery is performed to the Unified Electronic Mailbox - in accordance with the provisions of the law governing electronic document, electronic identification and trust services in electronic business.
If the application was filed by a proxy, a copy of the decision shall be delivered to the proxy in accordance with the provisions of this Article.
Article 25
A person authorized to submit application may lodge an appeal against the decision of the registrar with the minister competent to decide on the appeal, through the Agency, within 30 days from decision publication date.
The appeal shall not stay the enforcement.
If the applicant files the appeal against the decision referred to in Article 17, paragraph 2 of this Law and at the same time rectifies the deficiencies determined by the decision, the actions taken for the rectification of the determined deficiencies shall be considered not taken at all, i.e. the appeal procedure shall be continued.
Certificate of Receipt of Appeal
Article 26
A certificate acknowledging receipt of appeal shall be issued at the appellant's request, when the appeal is filed through the Agency.
The certificate of receipt of appeal shall contain the appellant's information, date of appeal filing, and the number and date of the decision challenged by the appeal.
Data on the received appeal shall be posted on the Agency's website, namely:
1) Number under which the appeal has been filed;
2) Date and time of receipt of the appeal;
3) Appellant's information;
4) Data on the current status of the appeal.
Article 27
The appeal shall include the number and date of the decision challenged by the appeal, reasons for challenging, appellant's identification information and the appellant's signature.
In the appeal, the appellant cannot invoke any facts that were not stated in the application and documents that were not attached to the application.
Registrar's Decision upon Appeal
Article 28
If the registrar determines that the appeal is untimely, inadmissible or filed by an unauthorized person, he shall issue a decision rejecting the appeal.
If the registrar finds the appeal well-founded, he shall amend the challenged decision or revoke the decision on rejection of the application and issue a decision accepting the application.
If the registrar fails to decide in the manner prescribed in paragraphs 1 and 2 of this Article within five working days from the day of receipt of the perfected appeal, he shall forward the appeal to the competent minister without delay.
Deciding of the Minister upon Appeal
Article 29
The minister shall decide upon the appeal within 30 days from the date of receipt of the appeal by the ministry.
The minister can:
1) Reject the appeal if it is untimely, inadmissible or filed by an unauthorized person, if the registrar has failed to do so;
2) Dismiss the appeal as unfounded;
3) Uphold the appeal and set aside the decision and refer the case back to the registrar for revision;
4) Uphold the appeal and set aside the decision and decide on the application on its own motion.
The decision on appeal shall be delivered to the registrar who shall deliver such decision to the party, within eight days from the date of receipt.
Ex Officio Deletion of Registered Data or Document
Article 30
The registrar, where he determines that the registration was performed, and that at the moment of registration the conditions for accepting the application were not met, he shall revoke his decision and delete the registered data or document at the same time, i.e. restore the previous registered state, at the latest within 12 months from the day that follows the date of publication of the registered data or document.
Article 31
(Deleted)
Article 32
The minister's decision is final in administrative proceedings and administrative dispute can be instigated against it.
Against final decision of the Administrative Court, the party and the competent public prosecutor can file a request for reconsideration of a court decision to the Supreme Court of Cassation.
IV NULLITY OF REGISTRATION OF COMPANY INCORPORATION AND SOLE TRADER ESTABLISHMENT
Nullity of Registration of Company Incorporation
Article 33
Any person having legal interest can file a lawsuit demanding the registration of company incorporation to be found null and void:
1) If false data were stated in the application;
2) If the registration was performed on the basis of a false document, document issued in illegally carried out procedure or a document containing false facts;
3) If there are other reasons foreseen by law.
The lawsuit under paragraph 1 of this Article shall be field with a competent court within 30 days from the day the plaintiff has learnt of the reasons for the nullity, however no later than one year from the date of registration.
Acting upon the plaintiff's notice, submitted together with the proof of the instigated procedure for determination of nullity of registration of company incorporation, the registrar shall register an annotation of the existence of the lawsuit involving the assessment of nullity of the registration.
Where a final judgment found the registration of company incorporation null and void, the court shall, within 15 days from the date of finality, deliver the judgment to the competent register for the purpose of registration of annotation of nullity of incorporation registration and instigation of the procedure for forced liquidation of that company.
Nullity of Sole Trader Registration
Article 34
The provisions of Article 33, paragraphs 1 through 3 of this Law shall apply mutatis mutandis to nullity of sole trader registration.
Where a final judgment found the registration of a sole trader null and void, the court shall, within 15 days from the date of finality, deliver the judgment to the competent register for the purpose of registration of an annotation of nullity of the registration of establishment and deletion of the sole trader from the register.
Deletion of Registrations of Incorporation and Modifications of Registered Data Based on a Decision of the Second Instance Authority on Annulment, i.e. Revocation of a Final Decision of the Competent Registrar
Article 34a
Where a final administrative act of the second instance authority passed in compliance with the provisions of the law regulating general administrative procedure that pertain to annulment and revocation of a final decision, annuls i.e. revokes a decision of a competent registrar on registration of incorporation of a company or establishment of a sole trader, and the applicant in a repeated procedure fails to correct the application, i.e. fails to remove the deficiencies which have been indicated to him by the competent registrar, or where it is not possible to remove such deficiencies, the competent registrar shall, ex officio, register an annotation of the final administrative act of the second instance authority, and initiate the procedure of enforced liquidation of the company, i.e. delete the sole trader whose establishment has been annulled.
Where a final administrative act of the second instance authority passed in compliance with the provisions of the law regulating general administrative procedure that pertain to annulment and revocation of a final decision, annuls i.e. revokes a decision of a competent registrar on registration of modification of data and documents, and the applicant in a repeated procedure fails to correct the application, i.e. fails to remove the deficiencies which have been indicated to him by the competent registrar, or where it is not possible to remove such deficiencies, the competent registrar shall ex officio register an annotation of the final administrative act of the second instance authority, and restore the previous registered state, except where, on the basis of a subsequently submitted application for registration, a modification of the same piece of data has been registered.
Instigation of Recording Procedure
Article 35
Data and documents shall be recorded at the request of the authorized person, competent authority, or by handing over data and documents from other registers and records contained in the registers and records kept by the Agency and other competent authorities, which are prescribed as the subject-matter of recording.
Article 36
Within five working days from the receipt of the request, the registrar shall issue an excerpt or a certificate from the records.
The request referred to in paragraph 1 of this Article shall be submitted on a prescribed form, and if no form is prescribed, as a written submission.
A proof of payment of the fee for issuance of an excerpt of recorded data shall also be attached to the request referred to in paragraph 1 of this Article.
If the registrar determines that the request referred to in paragraph 1 is unfounded, he shall issue a decision to dismiss the request.
VI PUBLICATION OF DATA AND DOCUMENTS
Public Disclosure of Financial Statements and Documentation
Article 36a
Public disclosure of the data from financial statements and documentation submitted along with such statements to the Agency, the Register of Financial Statements pursuant to the law governing accounting, shall be performed pursuant to the provisions of that law.
Publication of Data and Documents
Article 37
Data and documents that are not subject to registration and recording shall be publicly disclosed at the request of the authorized person, competent authority, or by handing over data and documents from other registers and records contained in the registers and records kept by the Agency, which are prescribed as the subject-matter of publication.
The registrar shall, at the request of the applicant, within five working days from the receipt of the request, issue a certificate stating whether certain data or document has been publicly disclosed.
VII PROCEDURE UPON OTHER REQUESTS
Issuance of Excerpts, Copies and Certificates
Article 38
At the request of a person, the registrar shall issue, within two working days from the date of receipt of the request, at the latest:
1) Extract of data from the register;
2) Copy of a document based on which the registration or recording was executed, i.e. of a document that has been publicly disclosed pursuant to this Law;
3) Certificate confirming whether certain data or document has been registered, recorded or publicly disclosed, whether the register contains some document, whether certain facts are contained in the documents from the register, or confirming legal status and legal consequences of registration, recording i.e. publication.
The request from paragraph 1 of this Article shall be submitted on a prescribed form and if no form is prescribed, then as a written submission.
A proof of payment of the fee for the issuing of an excerpt, copy or certificate shall be attached to the request.
Article 39
The reservation of a name shall be initiated by submitting an application to the competent Register, along with proof of payment of the fee for name reservation.
The confirmation acknowledging receipt of the application for the name reservation shall contain the following:
1) Designation of the register;
2) Number under which the application is filed;
3) Date and time of receipt of the application;
4) Name to be reserved;
5) Applicant's information;
6) Data on the amount of fee.
Article 40
If all the requirements for the reservation of the name have been met, pursuant to Article 14 item 8) of this Law, within five working days from submission of the application the registrar shall issue a certificate of name reservation and enter the reserved name into the database of reserved names.
The name shall be reserved in favor of the applicant for a period of 60 days from the date of publication.
If the requirements for the name reservation are not fulfilled, the registrar shall, within five working days from the date of submission of the application, issue a decision whereby the application for name reservation is dismissed.
Renewal and Transfer of Reserved Name
Article 41
Prior to expiration of the time limit the name has been reserved for, the person in whose favor the name has been reserved can, by paying once again the fee for the name reservation, renew the name reservation for another 60-day period.
A name reservation can be transferred to another legal or natural person up to the expiration of the time limit the name has been reserved for.
The registrar shall deliver a certificate of reserved name transfer to the person in whose favor the name has been reserved.
Article 42
For the procedure of registration, recording, publication, name reservation, for procedures upon other requests and for other services provided by the Agency, the submitter of the application or request shall pay a fee pursuant to regulations governing the status and competences of the Agency.
The obligation of fee payment referred to in paragraph 1 of this Article shall arise on the date of submission of the application, i.e. on the date of submission of the request for performance of another service.
Competence for Prescribing the Manner and Terms of Data Processing and Use
Article 43
Manner and terms of processing and use of registered and recorded data shall be governed by the regulations that regulate the status and competences of the Agency.
XI CONTENT OF REGISTERS AND RECORDS
Competence for Prescribing the Content of Registers and Records
Article 44
The ministers competent for implementation of the laws that govern maintenance of registers shall more closely regulate the contents of the registers and records, as well as of the documents that are attached to the application for registration and recording, if the contents of registers or records are not already defined by that law or other regulation.
Article 45
Anyone who reports false data or submits false or altered document with the intent to use such data or document in the registration and recording procedure as real one, shall be punished with imprisonment from three months to five years.
XIII TRANSITIONAL AND FINAL PROVISIONS
Applicability of the Regulations with Respect to Initiated Procedures
Article 46
The registration procedures initiated before the date on which this Law becomes applicable to the corresponding registers, shall be completed in accordance with the regulations under which they were initiated.
If, until this Law becomes applicable to the corresponding registers, a registration has been found null and void by a final court decision or a registrar's decision has been revoked by a minister's decision, the procedure shall be completed under this Law.
Time Limit for Adoption of Secondary Legislation
Article 47
The secondary legislation for the implementation of this Law shall be adopted within a time limit of 90 days from the date of entry into force of this Law in respect of a corresponding register.
Until the adoption of the secondary legislation referred to in paragraph 1 of this Article, the relevant secondary legislation adopted prior to entry into force of this Law shall apply, unless they are in conflict with this Law.
Article 48
As of the date this Law becomes applicable in respect of the corresponding register, the following regulations shall be repealed: Law on Registration of Business Entities ("Official Herald of the RS", Nos. 55/04 and 61/05), provisions of Articles 30, 32, 69 and 70 of the Law on Associations ("Official Herald of the RS", No. 51/09), provisions of Articles 26, 27, and 28 and Article 31, paragraph 1 of the Law on Endowments and Foundations ("Official Herald of the RS", No. 88/10), provisions of Articles 64, 65, 66, and 67, and Article 86, paragraph 3 of the Law on Sport ("Official Herald of the RS", No. 24/11), provisions of Articles 65а through 65f of the Law on Pledge Right over Movable Property Entered in the Register ("Official Herald of the RS", Nos. 57/03, 61/05 and 64/06 - Corrigendum), provisions of Articles 51а through 51f of the Law on Financial Leasing ("Official Herald of the RS", Nos. 55/03, 61/05 and 31/11), and the Decree on the Registration of Representative Offices of Foreign Legal Persons in the Register of Business Entities kept by the Serbian Business Registers Agency ("Official Herald of the RS", No. 114/05).
Entry into Force and Commencement of Application
Article 49
This Law shall enter into force on the eighth day from the date of publication in the "Official Herald of the Republic of Serbia", and shall begin to apply: as of February 1, 2012 to the Companies Register, Register of Tourism, Register of Public Media, Register of Bankruptcy Estates, Register of Court Injunctions, and Register of Sports Associations, Societies and Federations if the Field of Sports; as of January 1, 2013 to the Register of Chambers; as of May 1, 2013 to the Register of Pledge Right on Movable Property and Rights, Register of Associations, and Register of Foreign Associations; as of September 1, 2013 to the Register of Endowments and Foundations, and Register of Representative Offices of Foreign Endowments and Foundations; as of October 1, 2013, to the Register of Financial Leasing; and as of January 1, 2014 to the Register of Financial Statements and Data on Solvency of Legal Persons and Sole Traders.
Independent Article of the Law on Amendments and Additions to the Law on the Procedure of Registration with the Business Registers Agency
("Off. Herald of the RS", No. 83/2014)
Article 5
This Law shall enter into force on the eighth day from the date of publication in the "Official Herald of the Republic of Serbia".
Independent Article of the Law on Amendments and Additions to the Law on the Procedure of Registration with the Business Registers Agency
("Off. Herald of the RS", No. 105/2021)
Article 16
This Law shall enter into force on the eighth day from the date of publication in the "Official Herald of the Republic of Serbia", except for:
1) Provisions of Article 4 of this Law, which shall apply upon expiry of 18 months from the date of entry into force of this Law;
2) Provisions of Article 5 of this Law, which shall apply upon expiry of one year from the date of entry into force of this Law;
3) Provisions of Article 12 of this Law in the part related to delivery to the Unified Electronic Mailbox for e-government service users, which shall apply upon expiry of 18 months from the date of entry into force of this Law.