New Protection of Serbian Citizens On The Way

ADDITIONAL PROTECTION OF CITIZENS BY AMENDMENTS TO THE LAW ON COMPANIES

Amendments to the Law on Companies, in the form of a draft law, are in the parliamentary procedure.

One of the goals of the Draft Law on Amendments to the Law on Companies is to eliminate the existing problems in practice due to fictitious false addresses of companies and entrepreneurs and the existence of what is commonly called a “phantom company”.

Namely, due to the increased number of petitions of citizens, which indicate the problems they have with public executors and utilities, because the residential addresses of citizens, without their knowledge and consent, are registered as the seat of companies and entrepreneurs, judicial protection is introduced.

Thus, this act proposed an amendment to the Article 19 of the Law on Companies by introducing the possibility for an interested person to file a lawsuit to the competent court requesting the deletion of the registered address of the company’s seat, if the person who has the right of ownership did not allow the use of the premises where the company’s seat is located.

At the request of the person who filed the lawsuit for deleting the registered address of the registered seat, a record of the dispute shall be registered in accordance with the law on registration.

The procedure, initiated by the mentioned lawsuit, is urgent, and the court decision, which orders the deletion of the registered address of the company’s seat, is submitted by the court to the Registers Agency for registration.

The draft law also contains a sanction for a company that does not act according to the court decision.

Namely, if the company does not register a new address of the registered seat within 30 days from the day the court decision becomes final, the Registers Agency ex officio initiates the liquidation procedure of that company.