Borko Mihajlović, LLD*

CHANGES IN LEGAL REGULATION OF THE DUTY TO REPORT BUSINESSES AND ACTS IN WHICH EXISTS PERSONAL INTEREST

Summary

Amendments and supplements of the Serbian Company Law from June 2018 have significantly influenced the duty to report businesses and acts in which exists personal interest, which represents one of the five special duties towards company, according to the Serbian company law. The basic novelties in this area are inspired by the changes of the EU Directive on shareholders’ rights from May 2017. The subject of this paper is analysis of the mentioned changes and their relationship with the law which has not been changed, as well as its compliance with above mentioned Directive, through the overview of the procedure of application of the duty to report businesses and acts in which exists personal interest. The author in the paper analyses each phase of this procedure, while he particularly emphasizes the novelties which he considers as inadequate. Finally, the author gives concrete recommendations to the Serbian legislator, aimed at improvement of current legal regime of duty to report businesses and acts in which exists personal interest.

Key words: duty to report businesses and acts in which exists personal interest, personal interest, special duties towards company, approval of the business or act in which exists personal interest, public announcement of the business or act in which exists personal interest.

 

 



* Assistant, Faculty of Law, University of Kragujevac.