As we mentioned in our previous article, the Law on Archive Materials and Archiving Activities (“Law“) started to apply as of 2 February 2021.
As a reminder, entities that are subjected to the Law are creators and the holders of archival material and documentary material, i.e. legal or natural person whose activities create archival material and documentary material or who possesses it (“legal entities”).
Above all, legal entities are obliged to conscientiously keep archival material and documentary material in an orderly and safe condition, in the form in which they were first created. Additionally, legal entities are obliged to designate a responsible person on this matter, adopt general acts and a list of categories of archival material and documentary material with storage deadlines, etc.
One of the most important obligations of legal entities is to submit the transcript of the archive book to the competent archive no later than 30 April of the current year, for documents created during the previous year. Also, if the archive book has not been submitted so far, then a copy of the entire archive book has to submitted. However, the deadline for submitting the transcripts of the archival book under the supervision of the Historical Archive of Belgrade is postponed by the end of 2021.
The competent archive is set according to each urban area where the seat of the entity is, and you can find the list of archives at the following link: https://www.paragraf.rs/javne-arhive-arhivska-gradja-republika-srbija.html. For time being, the transcript of the archival book should be submitted in paper work in a form of a copy with an official stamp (if legal entities used it) and signed by the authorized person of the legal entity.
Notwithstanding the above-stated, we would like to point out that (i) entrepreneurs, (ii) associations founded by only natural persons, and (iii) representative offices or branches of a foreign company at this moment do not have the obligations to submit the transcripts of the archival book to the competent archive.
Finally, high fines are prescribed for violations of the provisions of the Law. The amounts range from RSD 50,000.00 to 2,000,000.00 for the legal entity itself and RSD 5,000.00 to 150,000.00 for the responsible person from the legal entity.
This text is for informational purposes only and should not be considered legal advice. Should you require any additional information, feel free to contact us.
By Kristina Pavlovic, Associate, and Katarina Askic, Junior Associate, Samardzic, Oreski & Grbovic