As a reminder, in 2020, the National Assembly of the Republic of Serbia adopted the Law on Archival Material and Archival Activities (hereinafter “the Law”), the implementation of which began on February 2, 2021. Read more about the obligations provided by this Law in our previous article.
On May 7, 2021, the Ministry of Culture and Information issued an Opinion extending the deadline for drafting and submitting mandatory normative acts until December 31, 2021, while the deadline for submitting transcripts of the archive book was extended to April 30, 2022.
Therefore, companies are obliged to register with the competent archives as holders and creators of archive materials by December 31, 2021, as well as to submit the necessary normative acts (rulebooks), the decision on appointing an expert with contact information, list of categories, a copy of the founding act or an excerpt from the Serbian Business Registers Agency as well as other necessary documentation.
In addition, we remind you that in accordance with the Law, companies have the obligation to:
- provide adequate space and equipment for the storage and protection of archives and documentary material;
- keep an archive book on the prescribed form;
- record, mark, classify, date and archive archival material and documentary material;
- submit to the competent archive a transcript of the archive book no later than April 30 of the current year, for documentary material created in the previous year;
- inform the competent public archive about all changes that are important for the archive material no later than 30 days from the day of their occurrence.
We also point out that non-compliance with the obligations prescribed by the Law envisages fines in the amount of 50,000 to 2,000,000 RSD, i.e. from 5,000 to 150,000 RSD for the responsible person in the legal entity. Although it prescribes obligations for entrepreneurs, i.e. natural persons who perform a registered activity, it is interesting that the Law does not provide penal provisions for this category of entities.
This article is for informational purposes only and does not constitute legal advice. If you need additional information related to the subject or drafting the necessary acts, feel free to contact us by email office@ncrlawyers.com or by phone +381677049551.
