{"title":"Online Formation of Companies – Serbian Experience and Way Forward","authors":"Tatjana Jevremović Petrović","doi":"10.1515/ecfr-2023-0021","DOIUrl":null,"url":null,"abstract":"<jats:target target-type=\"next-page\">481</jats:target>This paper aims at contributing to the existing debate on online formation of companies. It will analyse the current system of full online formation which is available in the Republic of Serbia since 2018 and put it into European perspective. Even though many challenges were related to the full online registration in general, the Republic of Serbia introduced this procedure relatively easy, even though amending the traditional system of registration on several occasions. The last amendments introduced exclusive online formation of companies which is applicable since mid-May 2023. The most challenging issues in regard to full online registration were to accommodate existing system of preventive administrative and prevailingly formal dual control of formation procedure to be performed fully online. In that regard introduction and use of qualified electronic certificate provided high level of assurance in electronic identification, as one of cornerstones of online registration. Nevertheless, this system remained susceptible to negative effects and needs additional attention. It should be important that, beside efficiency, legal certainty and trust in business registers remain the most prominent features of formation of companies, not only in domestic, but above all in cross-border context.<jats:target target-type=\"next-page\">482</jats:target>","PeriodicalId":54052,"journal":{"name":"European Company and Financial Law Review","volume":null,"pages":null},"PeriodicalIF":1.3000,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Company and Financial Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/ecfr-2023-0021","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
481This paper aims at contributing to the existing debate on online formation of companies. It will analyse the current system of full online formation which is available in the Republic of Serbia since 2018 and put it into European perspective. Even though many challenges were related to the full online registration in general, the Republic of Serbia introduced this procedure relatively easy, even though amending the traditional system of registration on several occasions. The last amendments introduced exclusive online formation of companies which is applicable since mid-May 2023. The most challenging issues in regard to full online registration were to accommodate existing system of preventive administrative and prevailingly formal dual control of formation procedure to be performed fully online. In that regard introduction and use of qualified electronic certificate provided high level of assurance in electronic identification, as one of cornerstones of online registration. Nevertheless, this system remained susceptible to negative effects and needs additional attention. It should be important that, beside efficiency, legal certainty and trust in business registers remain the most prominent features of formation of companies, not only in domestic, but above all in cross-border context.482
期刊介绍：
In legislation and in case law, European law has become a steadily more dominant factor in determining national European company laws. The “European Company”, the forthcoming “European Private Company” as well as the Regulation on the Application of International Financial Reporting Standards (“IFRS Regulation”) have accelerated this development even more. The discussion, however, is still mired in individual nations. This is true for the academic field and – even still – for many practitioners. The journal intends to overcome this handicap by sparking a debate across Europe on drafting and application of European company law. It integrates the European company law component previously published as part of the Zeitschrift für Unternehmens- und Gesellschaftsrecht (ZGR), on of the leading German law reviews specialized in the field of company and capital market law. It aims at universities, law makers on both the European and national levels, courts, lawyers, banks and other financial service institutions, in house counsels, accountants and notaries who draft or work with European company law. The journal focuses on all areas of European company law and the financing of companies and business entities. This includes the law of capital markets as well as the law of accounting and auditing and company law related issues of insolvency law. Finally it serves as a platform for the discussion of theoretical questions such as the economic analysis of company law. It consists of articles and case notes on both decisions of the European courts as well as of national courts insofar as they have implications on European company law.
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