Since the Business Registers Agency (APR) was established in year 2004, Serbia has travelled far on the path of digitalization and modernization of the business environment. Thanks to digital solutions, practically any business in today’s day and age can perform key administrative procedures from home or office, without waiting in lines and without tons of paperwork.
Digitalization isn’t just a trend – it has become a major necessity in contemporary business operation, especially for small and medium sized companies seeking to operate efficiently and comply with legal procedures without unnecessary bureaucratic burden. Electronic registration also represents an important sign that the government is set on simplifying business operations and cutting costs for the economy.
How it all began – from paper to the eReps portal
The first steps towards electronic request submissions came about in 2018, when the registration of entrepreneurs and single-member LLCs in electronic form was enabled. However, the transformation itself took place in the middle of 2023, and from then on, the submission of registration applications for establishing limited liability companies (LLCs), joint stock companies (JSCs), limited partnerships and partnership companies is possible in electronic form only.
Digitalization has expanded to include other types of requests as well, from data change, through deletion of subjects, to status changes and name reservations.
This step forward represents not only a technical innovation, but also a strong message that digital business operation in Serbia has matured. Today increasingly more requests are submitted exclusively digitally, and the eReps portal has become the inevitable platform for any entrepreneur and manager.
Which requests can you submit electronically
Via the APR – eReps portal it is now possible to submit almost all the registration applications. Some of those have been fully digitalized, meaning not just the application but also the response from APR is submitted in electronic form. These include:
– Establishment of all legal forms (LLC, JSC, LP, PC, cooperatives, branches…)
– Data changes (name, seat, ownership structure, liquidation, status changes)
– Deletion from register
– Change in legal form
– Complaints
– Name reservations
– Correction of technical error
– Issuance of excerpts and decisions
At the same time, a portion of the requests are still partially digitalized, they are submitted electronically, but the response is received in traditional, paper form. The examples include: confirmation requests, decision transcripts, issuance of document copies or refunds of incorrectly paid funds.
What you need – technical and legal requirements
Even though the entire procedure seems straightforward at first glance, in practice, successful submission of electronic application via the eReps portal depends on the fulfilment of several important technical and legal requirements:
– Registered account on the eUprava (eAdministration) portal or with APR
– Qualified electronic signature issued by a domestic certification body (foreign certification bodies are not recognized)
– Installed NEXU application for document signing
– Smart card reader (if a USB smart card is used)
– Payment card for online payment since all taxes are paid exclusively electronically, inside a system that calculates the interest rate automatically.
Electronic signatures are used not only for signing the application itself but also for signing all the enclosed documents. In so doing, it is important that the signature be valid at the time of submission of request, and an exception is possible only if the document contains a qualified electronic time stamp which is uncommon in practice.
Electronic documents – legal validity and digitalization
During the submission of electronic application, all documents must be in PDF format and signed with a qualified electronic signature. There are two main categories of electronic documents:
– Original electronic documents – created originally in digital form and directly signed with a qualified signature.
– Digitalized paper documents – scanned originals which are subsequently signed with electronic signatures.
According to the Law on Electronic Document and Law on the Procedure of Registration with APR, digitalization can be performed by the:
– Person which is the document holder
– Attorney at Law, if he/she is simultaneously the attorney in the proceedings
– Notary public
In practice, dilemmas are often encountered, for example, if the company’s general assembly had adopted an act, it cannot be signed by just any employee, but rather exclusively by the legal representative, i.e., authorized person, or an employee with the relevant power of attorney.
What does the procedure of electronic application submission look like
The process itself is, in its simplest form, clear, logical and as follows:
– The portal eReps is accessed
– The relevant form is filled out (establishment, change, deletion, etc.)
– Documents are enclosed, respecting all the digital signing rules
– The fee is paid electronically, inside the application
– The request is electronically signed and submitted
After these steps have been completed, the system automatically forwards the documentation to APR – the clerk’s office, then the registrar, which then decides on the request. The procedure status can be viewed on the portal itself. Who can be the applicant?
The request must be signed by an authorized person. Customarily this is the legal representative of the company, but in practice attorneys are often engaged, most frequently attorneys at law, which carry out the entire process – from preparing the documentation to submitting the application, in the name of the client.
It is important to highlight that it’s not critical who the user of the account which the application is sent from is, but whether the document has been duly signed by the authorized person or attorney with the relevant power of attorney.
The importance of support in electronic registration
Even though e-registration at first glance seems straightforward, it leans on precise legal and technical norms which require careful consideration. In practice, many requests are rejected due to technical oversights, improper document digitalization or incorrect signing.
In that sense, engaging a professional, attorney at law or an experienced lawyer accustomed to working with APR, may prove to be crucial. Not only are they familiar with current regulations, but they also keep up with the everchanging technical and legal novelties. This means a lesser chance for rejected applications, lesser need for corrections and a quicker implementation of the entire procedure.
What awaits us in the future
Further development of business operation digitalization in Serbia has already been announced – the option of using electronic signatures through Cloud service is being introduced in autumn. This will simplify the process of signing documents additionally, as the use of smart cards and readers will no longer be required.
Attorneys at Law as an important partner in the process of electronic registration
Electronic registration in APR is not only a step towards digital future, it is a reality in today’s age for those establishing a company or managing their existing business. The system is efficient, transparent and available 24 hours a day. However, as with every administrative procedure, it requires precision and knowledge of the rules.
In situations when greater safety is needed, or when the procedure is conducted in client’s name, the possibility of professional, correct and timely performance can mean all the difference between a rejected and successfully resolved application.
