Primena digitalne tehnologije kod registracije privrednih subjekata

Sanja Škorić

doi:10.5937/ptp2004001s

Abstract

The application of digital technology has succeeded, on the one hand, in facilitating the business and whole life of the modern humans, and, on the other hand, in slightly putting in the background the long-maintained habits and values that have become obsolete and unnecessary with digitalization. Almost the entire year of 2020, due to the global pandemic and restrictive measures, as well as business in it, has been reduced to the virtual world and digitalization. Although the application of new technologies is not new, this year it has received a special treatment, and the business entities have been required to adjust their business, the work from home, the online work, through various Internet applications with which help there can be organized certain meetings, seminars, educative programmes, conferences as well as closer business contacts with a picture and tone being alive. So, digital technologies have, in this so-called Covid19 year, taken over our entire, both business and a large part of private life. However, if the focus is put on a lot of positive aspects of the application of new technologies, especially in modern business, where their application saves time and energy, and thus money, then a digital registration of business entities is certainly one of them. For example, in Serbia, since 2018, with a few clicks, it has been possible to electronically register a one-member or multi-member limited liability company and an entrepreneur. However, the application of digital technologies in the process of registration and setting up the business entities has existed much longer than the e-registration. Along with the increasing application and importance of digital technologies in this area, there are opened up some new dilemmas and emerged new challenges that modern business entities have to be faced. The same thing can be applied to the new challenges the registration authorities are faced.

Highlights

Registration provides to a business entity the last in a series of legal requirements that it must meet in order to become a subject of rights, or to acquire legal personality and the power to be an independent holder of rights and obligations in legal transactions in its own name and for its own account
The state is interested in regulating the registers of companies and business entities in general, because by the very act of registration and its publication, a business entity can influence legal and economic transactions by its business, enter into legal relations with third parties and legal persons
European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (Text with EEA relevance), OJ L 169, 30.6.20179, which is prescribed cross-border access to business information on companies and their branches opened in other Member States can only be improved if all Member States engage in enabling electronic communication to take place between registers and transmitting information to individual users in a standardized way, by means of identical content and interoperable technologies, throughout the Union

Summary

Introduction

Registration provides to a business entity the last in a series of legal requirements that it must meet in order to become a subject of rights, or to acquire legal personality and the power to be an independent holder of rights and obligations in legal transactions in its own name and for its own account. The state is interested in regulating the registers of companies and business entities in general, because by the very act of registration and its publication, a business entity can influence legal and economic transactions by its business, enter into legal relations with third parties and legal persons. The Commercial Code, passed by Miloš Obrenović the First in 18601, contained a provision on the obligation of every trader, whether working alone or in partnership, to report the company under which he wants to trade to the commercial court in the place where he wants to trade. There is interesting obligation of the trader from that early years – If the trader performed his work in several places or districts, he had to make a report in each place, if there is a court[3]

Građanski zakonik za kraljevinu Srbiju sa komentarom i Trgovački zakonik

The state’s responsible bodies for registration of business entities

Digitization of business registration and its evolution into e-registration

Conclusion