- Do I need a lawyer to open a company in Serbia?
- Formally no: the application to the APR can be filed by the founder or by a representative under a power of attorney. But the incorporation of a DOO is registered only electronically with a qualified electronic signature, which a foreigner usually does not have, so in practice the filing is handled by a lawyer or a registration agent. Signatures on the founding act, the director's appointment and the power of attorney are certified by a notary unless an electronic signature is used.
- What language do contracts have to be in?
- A contract with a Serbian counterparty or employee is drawn up in Serbian; for a foreign director or employee a bilingual version is common. Contracts with foreign clients can be in any language, but a bank or the tax office may ask for a certified court translation. Commercial contracts are governed by the Law on Obligations.
- How is the director's relationship with the company formalised?
- The director needs a formal basis for work: an employment contract or a contract on the director's rights and duties outside an employment relationship. In the second case there may be no salary, but the company pays pension contributions on the remuneration and, if there is none, on the minimum base unless the director is insured otherwise. The tax office treats missing contributions as a breach, and the MUP as a sign of a dormant company when the residence permit is renewed.
- What does it take to hire an employee?
- A written employment contract before the first working day, registration in the social insurance system (CROSO) before the employee starts, a salary no lower than the minimum and at least 20 working days of leave. Hiring permanent staff as sole-trader contractors is risky: with a single client, fixed hours and company equipment the independence test fails, and the additional tax is charged to the company as the withholding agent.
- How do I terminate an employment contract without a court dispute?
- The employer may terminate only on grounds set out in the Labour Law: breach of work discipline, failure to perform duties, technological or organisational changes. The procedure is formal — a written warning with the right to respond, then a reasoned decision; redundancy carries severance pay. Procedural mistakes are the most common cause of labour disputes, and the courts usually side with the employee.
- Which changes have to be registered after incorporation?
- A change of director, of registered address (sedište), of principal activity code, of founders or of share capital is registered with the APR; changes in the register of beneficial owners are entered within 15 days. A company operating on outdated register data risks a fine and questions from the bank and the tax office at the first check.