COMMERCIAL LAW

The law office “Ječmenica R. Ivan” provides the widest range of legal services in the field of commercial law . The founder of the office, lawyer Ivan Ječmenica, shows a great interest in the theoretical and practical consideration of all legally relevant issues in this area, and therefore this office proudly bears the epithet law office for commercial law .

Commercial law in our country is regulated by the adoption of several laws, the central place of which is occupied by the Law on Business Companies . This law regulates the forms of performing economic activities, the way of functioning and decision-making within business companies, and finally, the way of their termination. The Law on Business Companies provides that business activity in Serbia can be carried out in the form of entrepreneurs or in the form of business companies . Among business companies, we distinguish, on the one hand, partnerships, such as partnerships and limited partnerships, and, on the other hand, capital companies, such as limited liability companies and joint stock companies.

The establishment of a company is a very complex process during which a large number of choices need to be made, so that the company has all the necessary characteristics to achieve good business results. Namely, it is necessary to choose the form of the company, the business name of the company, the activity of the company, the amount of the basic capital , the method of management and decision-making – the bodies of the company , etc. Our law office for commercial law can help you, at the beginning, through advisory legal assistance , and later also through the drafting of concrete legal acts to turn your business ideas into reality, by choosing exactly those legal solutions that are compatible with your business.

Given that the establishment of business companies is carried out before the Agency for Business Registers , in a procedure that is very complex and requires a good knowledge of the appropriate legal procedures, our law office for business law offers complete legal assistance during the establishment of business companies, as well as during its liquidation . The prerequisite for a company to be established and registered for the performance of economic activity is the founding – constitutive act . The founding act appears in the form of a contract on the establishment of a business company , which is the case when we have two or more founders, or in the form of a decision on the establishment of a business company , when we have only one founder. The founding act must be drawn up in writing, and the signatures of the founders must be certified by a notary public.

Companies are dynamic business creations , so it is possible to withdraw from the company or join the company, which changes their numerical or personnel structure. Accession to the company is carried out through the transfer of shares or shares . Depending on the form of the company, this transfer is more or less legally limited. Namely, in the case of partnerships and limited liability companies, the partners or members of the company have the right of pre-emption . On the other hand, in a joint-stock company, shares can be freely transferred to third parties , unless some restrictions are established by the company’s articles of association. The transfer of shares can be with or without compensation, and is realized by concluding a contract on the transfer of shares. This contract is concluded in writing, where the signatures of the contracting parties must be certified by a notary public .

Bearing in mind that in addition to providing legal services in the sphere of classic commercial law, our law office for commercial law also shows affinities for labor law, which makes us a serious partner that can cover all segments of your business.

And finally, to summarize, within our law office for commercial law you can get the following legal services:

• Establishment of all types of companies (DOO, AD, OD, KD)

• Drafting of contracts/decisions on establishment

• Drafting of the statutes of business companies

• Representation in commercial disputes

• Finding an accountant to provide bookkeeping services

• Submission of a proposal for opening bankruptcy, representation in bankruptcy proceedings, filing of claims in bankruptcy proceedings

• Implementation of the liquidation procedure of companies

• Drafting of all types of contracts in the economy