Category: Serbia

  • Guest Editorial: Digitalize

    Although I am a bit old to claim that my generation has two birthdays – a natural one and an Internet one – I believe, for that same reason, that we have the experience to assess progress in respect of ongoing digitalization trends.

    Information and communications technology has made a significant impact on the lives of people around the world. Positive changes have been felt in almost all aspects of our daily routines, but none have been felt so significantly as the structural changes of modern business and commercial transactions.

    In Serbia, digitalization has been most significantly noticed in the area of eCommerce. It has been estimated that there are more than 2.9 million eCommerce users in Serbia.  Current parameters and trends lead to the prediction that the number of users will be up to 3.9 million by 2021, which would represent almost 70% of Serbia’s population.

    Even certain world-class clothing brands are considering completely abolishing their retail shops and becoming e-vailable online.  This might have seemed somewhat extreme several years ago, but now it makes perfect sense.  The Internet will certainly become only faster and more widely-spread, and with online shops there are almost no labor fees, no leases, no utility bills, etc.  It really is cost-cutting at its finest.

    Due to the immense flow of online trade, the government of Serbia had to learn, adapt, and adopt legislation in order to set up the legal framework for eCommerce.  The first piece of legislation has been in force since the end of the last decade and it is now undergoing a mid-age overhaul, with new amendments expected to enter into force during the next couple of months.

    The main subject of this overhaul will be the introduction of generally standard institutes in EU eCommerce – an alternative dispute resolution mechanism, an “e-Trustmark” and the “mystery shopper.”

    The ADR mechanism essentially represents mediation proceedings held online before a market professional or a licensed mediator.  Its main characteristics are flexibility, efficiency, and general informality, which are better suited to a wide consumer base.

    The “e-Trustmark” enables professional traders to distinguish themselves on the market as licensed professional traders. Mystery shoppers on the other hand are market inspectors authorized to act as online shoppers for the purpose of discovering any infractions by the traders.

    Apart from these institutes there are also two new technologies – blockchain and smart contracts – the regulation of which is being considered under the new amendments. Blockchain and smart contracts are already considered the backbone of the new digital revolution and it is my personal belief that the adoption of blockchain-friendly policies could turn Serbia into a global FinTech hub.

    Although practical implementation of blockchain is in its early stages, its development is often compared to the early days of the Internet. Blockchain can be used in many ways, including facilitating trade finance, securities recordkeeping and governance, consumer banking, etc. The demand for blockchain technology has created thousands of jobs, with IBM reporting that it increased the number of employees focused on blockchain projects from 400 to 1,500 in the span of a year. TechCrunch estimates that venture capital funds and other private investors invested USD 1.3 billion between January and May of 2018 into “blockchain and blockchain adjacent” early stage companies.

    Smart contracts, on the other hand, have come a long way in a short time. They help realize the many possibilities of blockchain and distributed ledger technology (DLT) in general. The certainty of the outcome, automation of performance, and efficiencies in the streamlining of processes are reasons enough for smart contracts to be fundamental to the uptake of DLT. Their potential is now being actively considered and developed in sectors as diverse as financial services, life sciences, and telecommunications.

    However, there are still many open legal issues: When can a smart contract be a legally binding contract? Can it transfer assets or perfect a transfer of title to them? These are just some of the questions of fundamental importance and the manner of their regulation will affect the pace and the extent to which smart contracts will be deployed, beyond a role confined to self-executing, automating code.

    But if history has taught us anything, it is that eventually laws adapt to progress and not the other way around.  Progress is inevitable – the question is just who will be the first to understand its nature and its direction. Ironically, digital progress comes from the most fundamental part of nature – evolution – and evolution is merciless to the unprepared and unwilling. Forget winter. Digitalization is coming.

    By Milan Samardzic, Partner, SOG / Samardzic, Oreski & Grbovic

    This Article was originally published in Issue 6.4 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • Milinko Mijatovic Moves from Karanovic & Partners to Gecic Law

    Milinko Mijatovic Moves from Karanovic & Partners to Gecic Law

    Former Karanovic & Partners lawyer Milinko Mijatovic has joined Gecic Law as Head Dispute Resolution.

    According to Gecic Law, Mijatovic will lead the development of the practice, which focuses on providing advice in areas such as complex litigation, regulatory proceedings, ECHR, and international arbitration.  

    Mijatovic is an expert in civil and commercial litigation in the West Balkans region. He focuses on civil and commercial litigation, real estate and construction disputes, debt recovery, bankruptcy and reorganization, and misdemeanor and commercial offense proceedings. Prior to joining Gecic Law, He was a member of the Dispute Resolution practice group at Karanovic & Partners. He also worked at the Mijatovic Law Office and the Gucunja Law Firm.

    Mijatovic received his LL.B. and LL.M. from the University of Novi Sad School of Law.  He is a member of the Vojvodina Bar Association, Serbia

  • Amendments to the Law on Foreigners and to the Law on the Employment of Foreigners

    National Assembly of the Republic of Serbia adopted the Law on amendments to the Law on foreigners and the Law on amendments to the Law on the employment of foreigners.

    On 25 April 2019 the National Assembly of the Republic of Serbia adopted the Law on amendments to the Law on foreigners (“Official Gazette of RS”, no. 31/2019) and the Law on amendments to the Law on the employment of foreigners (“Official Gazette of RS”, no. 31/2019) which entered into force on 7 May 2019, whereby certain provisions shall become applicable from a later date.

    Amendments of the above mentioned laws are adopted in order to speed up and facilitate the procedure for issuing work permits to foreigners in the Republic of Serbia.

    By Anja Sakan, Senior Associate JPM Jankovic Popovic Mitic

  • BDK Advokati Advises P&O Ports on Acquisition of Port Luka Novi Sad

    BDK Advokati Advises P&O Ports on Acquisition of Port Luka Novi Sad

    BDK Advokati has advised Dubai’s P&O ports on its EUR 23 million acquisition of Port Luka Novi Sad, in the Vojvodina province of northern Serbia.

    According to BDK Advokati, the acquisition and investments are expected to help Port Luka Novi Sad renovate its devastated infrastructure and reach its full capacity of two and half million tons of cargo loading and discharging per year.

    P&O ports is a member of the DP World group. Upon the acquisition of Luka Novi Sad, DP World will operate a port on the Danube international waterway for the first time, which the firm describes as “a significant addition to its already large portfolio that, among others, includes the ports of Antwerp and Rotterdam.”

    The BDK Advokati team was led by Senior Partner Vladimir Dasic, supported by Senior Associate Tomislav Popovic and Associate Mladen Vujic

  • Karanovic & Partners Advises Calsonic Kansei on Acquisition of Magneti Marelli

    Karanovic & Partners Advises Calsonic Kansei on Acquisition of Magneti Marelli

    Karanovic & Partners has advised Japanese automotive company Calsonic Kansei on its EUR 5.8 billion acquisition of Magneti Marelli, a high-tech components manufacturer for the automotive industry, from Fiat Chrysler Automobiles. Dentons reportedly advised the seller.

    This transaction, which has received all the necessary regulatory and anti-trust approvals, combines two businesses with total revenues of EUR 14.6 billion, making it the world’s 7th largest global independent automotive supplier. It will operate out of 170 facilities and R&D centers across Europe, Japan, the Americas, and Asia-Pacific under the name Magneti Marelli CK Holdings.

    The Karanovic & Partners team was lead by Partner Ivan Nonkovic.

  • Zivkovic Samardzic Advises South Central Ventures on Investment in LeanPay

    Zivkovic Samardzic Advises South Central Ventures on Investment in LeanPay

    Zivkovic Samardzic has advised South Central Ventures on its investment in LeanPay, a consumer financing startup that helps people pay for consumer goods on credit in installments.

    Zivkovic Samardzic describes SCV, which has offices in Belgrade, Zagreb, and Skopje, as being focused on tech companies in the Balkans. According to the firm, “the EUR 40 million fund is dedicated primarily to early stage and growth investments. Within the fund’s ‘seed pocket,’ EUR 1.5 million is allocated for investments of up to EUR 100,000 per company. The majority of the fund is allocated for early stage and growth investments of up to EUR 3 million per company. These investments are intended to fuel the international business expansion and growth of the most promising tech startups that can show traction and prove their potential to ‘make it big.’”

    And according to Zivkovic Samardzic, “LeanPay’s solution provides advantages for both consumers and merchants. For consumers, it is easy to see the appeal of LeanPay POS financing. It is instantaneous and digital and can offer greater transparency on the total cost of the purchase, and it provides more flexibility when it comes to paying for goods and services. For merchants, the key selling proposition is getting more customers and higher sales. LeanPay’s solution increases conversion rates by offering consumers intuitive, seamless, and error-free loan processes and delivers high approval rates for loan applicants.”

    Zivkovic Samardzic previously supported SCV with investments in dryTools (as reported by CEE Legal Matters on March 16, 2016), City Expert (as reported by CEE Legal Matters on July 4, 2016), Alchemy Cloud Inc. (as reported on March 16, 2017) and CUBE Risk Management Solutions (as reported on March 27, 2017).

    The Zivkovic Samardzic team was led by Partner Igor Zivkovski and included Partner Ana Popovic and Senior Associate Sava Pavlovic.

  • The Buzz in Serbia: Interview with Vladimir Bojanovic of Bojanovic & Partners

    The Buzz in Serbia: Interview with Vladimir Bojanovic of Bojanovic & Partners

    Vladimir Bojanovic, Managing Partner of Bojanovic & Partners in Belgrade, rejects the idea that legislative or regulatory updates are of critical importance in his country. “In Serbia it’s not legislative reform that would fuel the development on its own,” he says. “It’s closely connected with new investments that require modern legislation — so in a way recent investments (which are by and large the biggest in the recent history) are shaping and pushing forward modern legislation – the relation of these two is symbiotic.” And he reports that four sectors — Energy, Technology, Distressed Assets, and Corporate/M&A — are particularly active in Serbia at the moment.

    “I’d say that the energy sector is currently dominating in Serbia — by far,” says Bojanovic. “That’s my personal impression, at least. The biggest projects are in Energy.” He concedes, laughing, that he may be slightly biased, as his firm is working, along with JPM, on Gazprom’s TurkStream project, which he describes as “the biggest energy project of all time in Serbia — worth billions and billions of euros.” Serbia started the construction of its section of the TurkStream pipeline for transit of Russian natural gas to Europe this spring. Gastrans, the company in charge of the project, is owned by Switzerland-based South Stream Serbia, in which Russia’s Gazprom holds a 51 percent stake and Srbijagas the remainder. The planned 400-km stretch through Serbia will link the Serbian natural gas transmission system with those of Bulgaria and Hungary, and reports claim that the project on Serbian territory should be completed by Dec. 15 of this year.

    Bojanovic’s pride in his firm’s mandate radiates. “The project is extremely exotic,” he says. “A project of this kind has never happened before. It has high strategic importance, and it will guarantee a steady gas supply for many years ahead.” He notes that that “we created legal history with this project, which started last year,” describing it as “like a thunderstorm in the Serbian market.” He explains that, “the market was so silent — it was sleepy, and then this project came, and it shook the market up a lot. A lot contractors, a lot of subcontractors, and a lot of subcontractors of subcontractors,” and he repeats that “we’re very privileged to work on it.”

    As for the Tech sector, Bojanovic notes that Serbia has “seen several big entrances in the market in recent years, including Vodafone,” which his firm recently helped obtain a license to operate in the country from Serbia’s Republic Agency for Electronic Communications and Postal Services.

    “The third segment would be distressed assets,” says Bojanovic, “because things are not going so well in Serbia.” He reports that “we are at the end of the cycle for the sale of the distressed assets in Serbia, and the last one was the 2018 sale of NLB’s NPL portfolio, which is going to be worth several millions.”

    Finally, he says, the fourth active sector is Corporate/M&A, as he reports that “some of the biggest funds in Europe have entered the market and are expected to be exiting soon.

  • Bojanovic & Partners Helps Vodafone Obtain License to Operate in Serbia

    Bojanovic & Partners Helps Vodafone Obtain License to Operate in Serbia

    Bojanovic & Partners has helped British company Vodafone obtain a license to work in Serbia from the Republic Agency for Electronic Communications and Postal Services.

    The license will allow Vodafone to perform electronic communications activities in the area of ​​public communications networks and services. According to Bojanovic & Partners, the Vodafone Enterprise Equipment Limited branch at Belgrade will use the network for the transmission of optical signals only through Serbia. For the time being, there will be no access points for connecting to other networks of electronic communications operators and they will not be able to provide services to end users in Serbia.

    The Bojanovic & Partners team consisted of Partner Vladimir Bojanovic and Senior Associate Petar Delic.

  • BD2P Advises Feka Automotive on Acquisition of Land for Production Plant in Serbia

    BD2P Advises Feka Automotive on Acquisition of Land for Production Plant in Serbia

    Bojovic Draskovic Popovic & Partners has advised Turkish car part manufacturer Feka Automotive on the acquisition of 40 thousand square meters of land in the Municipality of Cuprija, Serbia, for the purposes of constructing a production plant.

    According to BD2P, the investment is worth over EUR 11 million, and more than 130 workers are to be employed.

    Feka Automotive is a family-owned company which has been producing parts and components for the auto industry — primarily lighting signalization, interior lights, rear view mirrors, and water tanks — for 30 years.

    The BD2P team advising on the transaction was led by Partners Uros Popovic and Ivan Gazdic and included Senior Associate Mario Kijanovic.

  • Prica & Partners Advising Serbian Government on Privatization of Komercijalna Banka

    Prica & Partners Advising Serbian Government on Privatization of Komercijalna Banka

    Prica & Partners is advising the Serbian government on the privatization process of Komercijalna Banka, the country’s second largest lender.

    According to Prica & Partners, the government, which owns a 41.7% stake in the bank, making it the single largest shareholder, has announced plans to complete the sale by the end of September 2019. The firm describes Komercijalna Banka as “among the market leaders, with 202 branches in Serbia, approximately 2,700 employees, and branches in the Republic of Srpska and Montenegro.” 

    The Prica & Partners team is led by Partner Danica Gligorijevic, working with Of Counsel Aleksandar Preradovic.