Blog 1

2013 Annual Report by the Commission for Protection of Competition

Serbian Commission for Protection of Competition has recently issued its 2013 Annual Report, offering an overview of Commission’s activities in the course of the previous year. Infringements decisions In 2013, the Commission received 33 initiatives for investigation of competition law infringements.  In most instances, the Commission determined either that it is not competent to investigate […]

Newsletter

Amendments to Law on Planning and Construction: Land conversion obligation postponed

The Law on Planning and Construction, enacted in 2009, stipulated that after September 2010, companies acquired in privatization, bankruptcy proceedings or debt collection proceedings would not be able to obtain a construction permit before converting the right of use on the relevant construction land into ownership. The right of use is a proprietary right originating […]

Newsletter

Law on Corporate Income Tax

We set forth below an outline of the most significant amendments to the Serbian Law on Corporate Income Tax, which came into force on 25 December 2012: Tax Rate Corporate income tax rate has been increased from 10% to 15%. This change will affect income generated in 2013 onwards. Special regime applicable to non-residents from […]

Newsletter

Abolition of Fees and Charges

Further to a proposal to abolish certain fees and charges, the Ministry of Finance has published a list on its website of the initial fees and charges that were adopted during the session of the Serbian Government. The aim of the Serbian Government is to relieve businesses and citizens of unnecessary fees and charges. As […]

Newsletter

Montenegrin parliament adopts Financial Collateral Act

The Montenegrin Parliament adopted legislation regulating financial collaterals (Zakon o finansijskom obezbeđenju, “Official Gazette of the Republic of Montenegro”, no. 44/12) (“Financial Collateral Act”). The law came into force on 16 August 2012. Even though Montenegro is not yet a Member State, the legislation implements the EU Financial Collateral Directive. The Financial Collateral Act applies […]

Newsletter

Constitutional Court of Serbia declares automatic bankruptcy unconstitutional

In its decision dated 12 July 2012 (“Official Gazette of Republic of Serbia” no. 71/2012), the Constitutional Court of Serbia held that the provisions of the Serbian Insolvency Act (Zakon o stečaju, “Official Gazette of Republic of Serbia” no. 104/2009) (“Insolvency Act”) providing for automatic bankruptcy of companies that are unable to meet their liabilities […]

Newsletter

Decree on Conditions for and Manner of Setting-off of Payables and Receivables under Cross-border Foreign Credit Transactions

This regulation, effective as of 4 January 2012, implements the recently amended Law on Foreign Exchange Transactions (Zakon o deviznom poslovanju, Official Gazette of the RS 62/2006 and 31/2011) (“Forex Law”) (see BDK Newsletter 09/2011 here) which gave mandate to the Government of Serbia to determine the conditions for and the manner of setting-off payables […]

Newsletter

Property transfer tax payment as condition to title registration in cadasre (again) declared unconstitutional

The Constitutional Court of the Republic of Serbia declared on 19 April 2012 that Article 38a of the Property Tax Law (Zakon o porezima na imovinu, “Sl. glasnik RS”, no. 26/2001, with amendments and supplements) is unconstitutional. The said Article stipulates that the registration of rights in land books, cadastre and other public records of […]