The Government of Serbia has recently adopted the Proposal for Amendments to the Companies Law (the “Proposal”), which official text states that its primary goal is to promote the protection of minority shareholders, in accordance with measures provided by the Action Plan of the Program for Improvement of Position of the Republic of Serbia on the World Bank’s Business List – Doing Business for the period 2020-2023. In addition, the respective novelties imply other changes as well, the most significant being those referring to the position of entrepreneurs, and court protection in case of business address abuse.
The Law on Amendments to the Law on Tax Procedure and Tax Administration (Official Gazette of RS, no. 96/2021) (the “Law”) was adopted on October 16, 2021. The novelties introduced by this piece of regulation particularly include those referring to the filing of tax application for calculated mandatory social insurance contributions for company founders and/or shareholders, deferral of interest payment for settled obligations, replacement of insurance instruments for collection of due taxes, and issuance of additional record.
On October 9, 2019, the Court of Appeal of Brussels passed judgment 2019/AR/1006 whereby it established, pursuant to and in accordance with Article 16 of the General Data Protection Regulation (“GDPR”), that banks are obliged to use correct diacritics when spelling clients’ names, since these are personal data, and therefore subject to accurate writing.
The Labour Law (“Official Gazette of RS”, no. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – decision of the CC, 113/2017 and 95/2018 – authentic interpretation) (the “Law”) prescribes that employer shall be obliged, prior to the termination of employment agreement due to violation of working obligation or working discipline, to notify the employee in writing on the existence of reasons for such termination, as well as to provide the employee with a period of minimum eight days from the warning submission to declare on the subject allegations. Employer is obliged to state grounds for termination in the warning, as well as facts and evidence indicating the fulfilment of requirements for termination, and deadline for submitting the employee’s response thereof.
Application of the Law on Fiscalization (Official Gazette of RS no. 153/2020) (“the Law”), that we have discussed before, which has repealed Serbian Law on Fiscal Cash Registers (Official Gazette of RS no. 135/04 and 93/12) by entering into force on December 29, 2020, will start on January 1, 2022 (except for several provisions that have already started to apply, on the day of entry into force). The regulation concerned, along with the set of by-laws enacted for its implementation, introduces a completely new model of fiscalization, which – among other things – implies a wider circle of taxpayers who will be obliged to apply it, new rules regarding the characteristics of fiscal cash registers and fiscal receipts, as well as certain subsidies for the entities covered by fiscalization.
When it comes to reporting obligation to the National Bank of Serbia (“NBS”), what first comes to mind is the reporting regulated by the Decision on reporting on foreign credit transactions (Official Gazette of RS no. 56/2013, 4/2015 and 42/2020), which is done through commercial banks of reporting obligors.
Previously Yugoslav (JUS), and now Serbian (SRPS) standards for tobacco and tobacco products, dating back from the sixties and eighties of the 20th century, are no longer mandatory. Starting from 10 July 2021, manufacturers of tobacco and tobacco products, including cigarettes, are not obliged to place products in the market that meet the requirements established by these standards.
The Law amending the Law on Mining and Geological Exploration (Official Gazette of RS no. 40/2021) entered into force on 30 April 2021 and most important changes refer to specification of certain solutions and more detailed normative regulation of individual issues, harmonisation with legal regulations in the field of environmental protection, introduction of e-business etc.
On 20 April 2021, the National Assembly of the Republic of Serbia enacted the Law on Gender Equality and amendments to the Law on Prohibition of Discrimination. Both laws are published in the Official Gazette of RS no. 52 of 24 May 2021 and will enter into force on 1 June 2021. The Law on Gender Equality will repeal the Law on Equality of Genders (Official Gazette of RS no. 104/09).