CEE Legal Matters
In-depth coverage of the news and newsmakers that shape Europe's emerging markets
A golden parachute is a compensation agreement guaranteeing significant financial benefits to a top executive who loses their job, namely chief executive officers and other high-ranking employees who depart because of a merger or acquisition. They are often applied through clauses in employee contracts, specific contracts, or acts of incorporation.
Starting from 1 January 2024, the Council Directive (EU) 2022/2523 of 14 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the Union (hereinafter: Directive) will start to apply.
The adoption of the Law on the Use of Renewable Energy Sources in 2021 created a very favorable environment for investments in green energy. Recognizing the opportunities and incentives, investors in a short period of time submitted a large number of requests to Elektromreža Srbije as a transmission system operator ("TSO") for the connection of future power plants using renewable energy sources. More precisely, requests for the connection of 22,000 MW have been submitted so far, while the total capacity of the power plants connected to the system is about 8,500 MW.
BDK Advokati has advised Waberer’s International on its acquisition of a 55% stake in the MD International distribution company in Serbia, with an option for the remaining 45%. JPM & Partners advised MDI shareholder Dragoslav Micic. Marjanovic Law reportedly advised the other sellers.
Everyone is free to choose their work, time, or place of engagement and the profession they will commit to. The Serbian Constitution grants these basic human rights while also envisaging that all jobs are available to everyone under equal conditions. A similar principle is founded under the Law on Protection of Competition - that the protection of competition on the market of RS is regulated with the aim of economic progress and the well-being of society as a whole, especially to the consumer’s benefit. However, these are only the general principles that are subject to numerous constraints with the purpose of either protecting basic human rights, preventing unfair competition, or harboring the whole economic system with the consumers and companies as its vital participants.
The Ministry of Economic Development and Tourism adopted the Draft Law on Real Estate Brokerage. The adoption of this law is motivated primarily by the need to suppress the grey economy that is flourishing in the field of real estate brokerage. The second, equally important motive is the protection of participants and the prevention of abuses and fraud in real estate sales.
In the probate proceedings, the court determines who the heirs of the decedent are, which property makes up his estate, and which rights from the estate belong to heirs, legatees, and other persons.
It is well established in today's world that the resolution of civil disputes is a crucial aspect of any legal system both by ensuring justice effectively and enabling continual business relationships to thrive unhindered by excessively long-lasting court proceedings.
As we promised a few weeks ago when we discussed all the interesting aspects of commercial offences as an integral part of Serbian penal law, we shall now take a closer look at the first-instance proceeding and some of the most important segments of domestic and foreign legal entities, as well as their responsible persons, should keep in mind in case they are subjected to a commercial offence proceeding.
The Republic of Serbia applies different taxes to reimbursement payable to engaged individuals depending on their engagement type. Those engaged via employment agreement, are subject to salary tax and those engaged via service agreement are subject to tax on other income. Those engaged via temporary and periodical employment agreements are subject to either salary tax or tax on other income while those engaged on the basis of supplementary work are only subject to tax on other income.
JPM & Partners has advised Slovenia's Big Bang on its acquisition of Serbian online retailer BC Group. The Andric Law Office reportedly advised the sellers.
The new Rulebook on the Content of the Business Entities Register and Documents Required for Registration (RS Official Gazette No. 63/23) (hereinafter: "New Rulebook") has entered into force on August 5, 2023, thereby ceasing to be valid Rulebook on the Content of the Business Entities Register and Documents Required for Registration (RS Official Gazette, No. 42/2016) (hereinafter: "Previous Rulebook").
On 03 August 2023, the Government of the Republic of Serbia passed on a new Proposal of the Law on the Management of Companies Owned by the Republic of Serbia (hereinafter referred to as: "Proposal").
The National Assembly of the Republic of Serbia adopted several proposed laws related to construction during its session on 26 July 2023.
The new amendments to the law on foreigners and the law on the employment of foreigners, which will apply from 1 February 2024 ("Amendments"), significantly simplify and shorten the procedure for employment of foreign citizens in the Republic of Serbia and contribute to increased efficiency of the procedure, which will allow foreigners to be employed in the Republic of Serbia in a very short period of time.
On April 28, 2023, symbolically on the International Day for Safety and Health at Work, the National Assembly of the Republic of Serbia adopted the New Law on Safety and Health at Work (“Official Gazette of the RS”, No. 35/2023 – hereinafter: the New Law), which entered into force on May 7, 2023. The New Law brings a large number of novelties in the field of safety and health at work (hereinafter: OSH), and its main goal is the complete alignment of OSH regulation with European standards, and consequently, a significant reduction in the number of injuries at work and occupational diseases of employees.
Amendments and supplements to the Customs Law, enacted in December 2022, amended the misdemeanour provisions for violations of this law. The amendments introduce greater certainty regarding the misdemeanour liability of importers and customs representatives for submitting customs declarations and accompanying documents with the goal of legitimate conducting of customs procedures. In this article we present our interpretation of the respective amendments.
Chapter 1 - A commercial offence – a brief review of an unjustifiably neglected step between a misdemeanour and a criminal offence.
We are a full service commercial law firm in Serbia, with over 30 years of successful practice in SEE region and true and lasting partnerships with our clients.
Our diverse teams of lawyers are focused on practice in specific legal areas, handling some of the most high-profile multijurisdictional matters in energy, project development, mining, foreign investments, corporate and commercial. We are highly sought-after for legal advice in creative industries, environmental law and white-collar crime, as well as intellectual property, international arbitration, labor and data protection
As an exclusive member of Lex Mundi – the world’s premiere network of leading independent law firms, we interconnect and reach globally. Regionally, we advise clients in Montenegro directly, through well established partnership with ‘JPM Montenegro Partner Vukmirovic Misic law firm’ and close working relationships with selected first-rate firms in the region. Working together with our domestic and international clients on their most significant transactions and around entry to Serbian market, allows us to operate as the perfect hub for SEE and other cross-border transactions.
Our clients operate in increasingly competitive landscape and we are identifying new methods of using legal technology, to help them increase efficiency, save time and streamline work processes - document management, billing and accounting. By adopting LUMINANCE AI platform for legal professionals, we use machine-learning for contract analyses across our practice groups, as well as eDiscovery revolutionary software to simplify operations in all forms of litigation.
With exclusive access to EQUISPHERE – Lex Mundi Innovative service model, our clients can design their own legal team by choosing the best lawyers in the relevant jurisdictions, sharing documentation and communicating with all teams at any time, from a single point of contact.
Consistently recognized as a top-tier law firm, both by clients and leading independent legal directories Chambers & Partners, Legal 500 and IFLR1000, we remain committed to delivering highest quality service to our clients and help them succeed in overcoming cross-border challenges. We remain committed to continuously share our knowledge by regularly publishing articles, giving lectures and organizing international conferences.
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