网上成立公司-塞尔维亚的经验和未来之路

IF 1.3 Q1 LAW

European Company and Financial Law Review Pub Date : 2023-11-27 DOI:10.1515/ecfr-2023-0021

Tatjana Jevremović Petrović

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引用次数: 0

摘要

本文旨在对现有的关于在线公司形成的争论做出贡献。它将分析塞尔维亚共和国自2018年以来提供的全面在线信息系统，并将其置于欧洲视角。尽管许多挑战与全面在线登记有关，但塞尔维亚共和国采用这一程序相对容易，尽管在若干场合修改了传统的登记制度。上一次修订引入了自2023年5月中旬起适用的独家在线公司组建。关于完全联机登记的最具挑战性的问题是如何使现有的预防性行政和普遍的正式双重管制的编制程序完全联机进行。在这方面，合格电子证书的采用和使用为电子身份识别提供了高度的保证，作为联机注册的基石之一。然而，这一制度仍然容易受到不利影响，需要进一步注意。重要的是，除了效率之外，法律上的确定性和对商业登记的信任仍然是成立公司的最突出特点，不仅在国内，而且首先在跨国界方面

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Online Formation of Companies – Serbian Experience and Way Forward

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

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来源期刊

European Company and Financial Law Review LAW-

CiteScore

1.00

自引率

16.70%

发文量

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.