Jusufović & Partners

CORPORATE & COMMERCIAL

We advise clients on the main aspects of corporate law including corporate governance and regulatory compliance, joint ventures, public and private M&A and restructuring. Based on our international experience we are able to manage complex cases with international implications.

We guide our clients through every stage of the company life cycle, including legal solutions for every issue, new companies incorporation, dealing with day to day corporate questions, preparing restructuring and the sale of companies, mergers & acquisitions.

We also advise our clients on all types of commercial questions such as selecting appropriate capital structure, handling relationship between shareholders.

Our team of lawyers advises clients on all legal entities and business organizations in the area of:

• Corporate law in general
• Incorporation of new entities
• Corporate and business restructurings
• Mergers, takeovers and capital market transactions
• Commercial agreements
• Due diligence

Our lawyers are aware of typical problems in business transactions in Serbia and solving them very efficiently. Our team understands that a lot of deal structures are tax-driven and therefore closely work together with tax specialists from the very beginning of any transaction.

LITIGATION & ARBITRATION

Our litigation practice offers superior advisory services to domestic and international clients across a wide range of commercial, corporate, and financial issues. Our team has significant experience in complex commercial litigation and business disputes representing large international corporations, small and medium-size enterprises, as well as individual entrepreneurs and investors, both domestic and foreign, states and state-owned companies before state courts, authorities, and institutional/ad hoc arbitrations.

Our firm represents clients from different sectors of the economy - financial services, insurance, energy, mining, international trade and retail, chemical, IT and telecommunications, construction and real estate, industrials (both manufacturing and infrastructure). In today’s global business environment litigation is unavoidable, therefore, we truly understand our client’s needs and present them a clear picture of the opportunities and risks involved, based on our specific market knowledge and profound expertise.

We handle all aspects of litigation, arbitration, bankruptcy and reorganization proceedings, enforcement of debts, judgments and arbitral awards rendered abroad, mediation and other forms of alternative dispute resolution (ADR).

BANKRUPTCY & RESTRUCTURING

Our team has remarkable experience in advising clients on restructurings, reorganizations, and outsourcing. We guided our clients through the process of acquiring businesses out of bankruptcy, and we also advised our clients on reorganization and necessary measures to preserve the business. We advised and represented states, foreign and domestic banks, and international corporations from a wide range of economic sectors, as creditors, in extremely complex bankruptcy procedures and bankruptcy-related litigations.

LABOR

Our legal team provides professional legal assistance to clients in relation to all issues that could arise in the field of labor relations. We provide legal assistance to Employees/former employees as natural persons in all proceedings initiated in order to protect the rights that belong to them by law in relation to the employer, and all legal disputes that arise from labor relations. Additionally, our legal assistance also includes legal assistance to Employers, regarding the organization of the Employer’s work through the preparation and control of all acts that the Employer is required by law to adopt and regularly adjust to current business, as well as representation of employers in all disputes and litigation that arise from labor relations.

• PROVIDING LEGAL ASSISTANCE TO EMPLOYEES

Our team of lawyers provides legal assistance to Employees with professional care and responsibility, both by providing legal advice on ways to resolve disputes with the Employer in a peaceful manner, and by representing employees in all court proceedings that arise from labor relations with the Employer, especially on:

• Cancellation of the Decision by which the Employee’s Labor Agreement was illegally terminated,
• Returning an Employee to work,
• Compensation for material and non-material damage due to illegal termination of the Labor Agreement, Compensation for material and non-material damage due to an injury at work or an acquired occupational disease,
• Protection of an employee who considers that he is exposed to abuse by the Employer (mobbing),
• Participation in meetings and negotiations with the Employer, and in the name and on behalf of the Employee.

Also, our legal team, on a daily basis, monitors and informs our Clients about all current changes and amendments to the relevant regulations relevant to labor relations.

• PROVIDING LEGAL ASSISTANCE TO EMPLOYERS IN THE DEVELOPMENT OF AN ADEQUATE BUSINESS SYSTEM AND INTERNAL ORGANIZATION OF WORK AND REPRESENTATION IN LABOR DISPUTES

Our team of lawyers with professional care and responsibility provides legal assistance to Employers, including but not limited to:

• Drawing up new Collective Labor Agreements and analysis and harmonization with the law of existing Collective Labor Agreements,
• Drawing up new Rules of Procedure and analysis and harmonization with the law of the existing Rules of Procedure,
• Drawing up new Rulebook on systematization and organization of jobs and analysis and harmonization with the law of the existing Rulebook on systematization and organization of jobs,
• Drawing up new Rulebook on safety and health at work and analysis and harmonization with the law of the existing Rulebook on safety and health at work,
• Drawing up new Labor Agreements and Annexes to Labor Agreements and analysis of existing individual Labor Agreements and Annexes to Labor Agreements,
• Drawing up all acts in the procedure of Termination of the Labor Agreement of the Employee,
• Providing legal advice on the adequate way of resolving disputes with employees in each specific case,
• Representation of the Employer in labor disputes before all Courts and State authorities.

REAL ESTATE

Our services in the real estate area covers the main aspects related to real estate, from providing comprehensive advice on all types of transactions to managing project development process by coordinating actions from construction to sale of the real estate. We build close customer relationships based on long-term cooperation.

The spectrum of our services in this area particularly includes:

• Project development and financing
• Representing clients before state administration in the process of obtaining building and operating permits
• Security packages and credit agreements
• Sale and lease negotiation and transactions
• Real estate litigation, construction litigation and resolving other disputes

Strong legal support in the real estate business from construction to sale is of great importance for the security of the property owner, so do not hesitate to contact us for legal support regarding any legal dilemma in real estate business.

INTELLECTUAL PROPERTY

Our team advises clients on a wide range of issues related to patents, copyright, trademarks, designs and other intellectual property, helping them to build and protect their brands at every stage of their business. Our lawyers will arrange the protection of client’s patents and trademarks both on national and international level.

Our clients range from individuals to private and public companies. Our team of lawyers also advises clients in area such as music and video production, performing and creative arts, photography and design.

In the 21st century, intangible assets are significant part of business and therefore our team advises clients to ensure the protection of intellectual property, their brands and business identity, which are essential for activities on worldwide markets.

IMMIGRATION LAW AND THE RIGHTS OF FOREIGNERS IN THE REPUBLIC OF SERBIA

Our legal team provides professional legal assistance to all foreign natural persons and legal entities. We are specialized on issues related to the conditions necessary for a foreign natural person to access and reside on the territory of the Republic of Serbia, and on issues related to the establishment and operation of Branches and Representative offices of foreign legal entities on the territory of the Republic of Serbia.

PROVISION OF LEGAL ASSISTANCE TO FOREIGN NATUAL PERSON - Immigration law and the rights of foreigners in the Republic of Serbia

Our team of lawyers, with professional care and responsibility, provide legal assistance to foreign natural persons including, but not limited to:

• Procedure for registering the arrival of foreign citizens on the territory of the Republic of Serbia and obtaining a short-term residence permit,
• Procedure for obtaining a residence permit on the basis of a visa for a longer stay,
• Procedure for obtaining a temporary residence permit,
• Procedure for obtaining a permanent residence permit,
• Procedure for acquiring citizenship of the Republic of Serbia,
• Representation of foreign natural persons before all institutions of the Republic of Serbia, including state administration bodies, courts, insurance companies,
• Advising and representing foreign natural persons in the process of establishing companies in the territory of the Republic of Serbia and examining market conditions and tax treatment, which includes engaging in specific activities in the Republic of Serbia,
• Representation of foreign natural persons before all banks in the Republic of Serbia in the procedure of opening bank accounts,
• Consulting and representation in the process of real estate purchase on the territory of the Republic of Serbia.

HOW TO OBTAIN RESIDANCE PERMIT IN SERBIA?

Serbian liberal immigration legislation and policies makes Serbia very popular destination for foreigners all around the world. Because of this fact, we are willing to present to all foreigners in few bullet points, how, and what is the procedure for foreigners to legally reside in Serbia, and to obtain residence and work permit in Serbia with legal services of our legal team with ease.

There are three types of legal residence in Serbia:

• Tourist visits.
• Temporary residence permit.
• Permanent residence permit.

Tourist visits

Depending on the country of your citizenship, tourist visits are possible with a tourist visa or in a visa-free regime.

Main point of tourist visits is, when a foreigner who does not need a visa or travel document to enter the Republic of Serbia can stay there up to 90 days in any period of 180 days, counting from the day of first entry, unless otherwise stipulated by an international agreement.

Temporary residence permit

You will have to apply for a temporary residence permit if you are planning to stay in Serbia for more than 90 days.

Temporary residence is a residence permit of a foreign citizen in the Republic of Serbia and can be granted for a foreigner who intends to stay in the Republic of Serbia for longer than 90 days based on numerous reasons:

• Employment (which also implies the establishment of a company in the Republic of Serbia by a foreigner).
• Schooling or learning the Serbian language.
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• Participation in international student exchange programs.
• Professional specialization, training, and practice.
• Scientific research, work, or other scientific educational activities.
• Family reunification.
• Performing religious services
• Treatment or care.
• Humanitarian stay.
• Status of a victim of a human trafficking.
• Other justified reasons in accordance with the law or international agreement.

Temporary residence may be granted for up to one year and may be extended for the same period of validity, depending based on residence and the existence of reasons for granting temporary residence.

Permanent residence permit

Permanent residence is a permit for a long term stay of a foreign citizen in the Republic of Serbia.

Permanent residence permit will be granted to a foreigner who meets number of different requirements prescribed by Serbian legislation and who, until the date of submission of the application for permanent residence, has resided in the Republic of Serbia continuously a certain number of years based on a temporary residence permit.

For all other information and details about Residence permits for foreigners in Serbia, please do not hesitate to contact our office, so that we can suggest available dates for the meeting on that occasion.

HOW TO OBTAIN WORK PERMIT IN SERBIA?

If you are a foreigner, and you obtained the residence permit (temporary or permanent) and wish to work in Serbia - you will have to apply for work permit, which is an act, issued by National Employment Service of the Republic of Serbia.

For obtaining work permit you will have to fulfill the prescribed requirements, obtain specified documents, and visit several government institutions, which sounds hard and confusing, but with the experience of our legal team, it can be done easily and sooner than imagined.

There are different work permits for foreigners in Serbia:

• Personal work permit.
• Work permit.

Only one type of work permit is issued for the same period.

Personal work permit

A personal work permit is a work permit that enables a foreigner in the Republic of Serbia to freely employ, self-employ and exercise unemployment rights, in accordance with the law.

This type of work permit, except for the situations listed below, may be issued also for the purpose of family reunification.

A personal work permit is issued at the request of a foreigner if:

• Has a permanent residence permit.
• Has a refugee status.
• Belongs to a special category of a foreigner.

Work permit

This work permit is not strictly attached to the personal status of a foreigner.

Work permit can be issued for:

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• Special cases of employment.
• Self-employment.

For all other information and details about Work permits for foreigners in Serbia, please do not hesitate to contact our office, so that we can suggest available dates for the meeting on that occasion.

PURCHASE A REAL ESTATE IN THE REPUBLIC OF SERBIA

It is important to note that that Serbian legislation allows foreigners to acquire real estate in the Republic of Serbia, both inter vivo legal affairs (purchase agreement, gift agreement, life support agreement, etc.) and mortis causa legal affairs (inheritance).

There is one condition required for both cases said above, and that is the presence of legal/factual reciprocity between Republic of Serbia and the country whose citizenship the foreigner has.

Please note that there is an exception when it comes to agricultural land.

Some of the countries with whom Serbia has concluded a bilateral agreement for this issue are:

Argentina, Australia, Austria, Belarus, Bosnia and Herzegovina, Bulgaria, Canada, China, Croatia, Greece, Hungary, Lithuania, Montenegro, Romania, Russian Federation, Slovenia, Spain, Ukraine, United Kingdom, United States of America etc.

All these countries, and many more, have a confirmed reciprocity with Republic of Serbia for purchasing a real estate for a person’s lifetime and acquiring a real estate via inheritance.

Factual reciprocity is the condition that needs to be fulfilled for purchase or inheritance to go through, meaning that both law and practice of the foreigner’s country allow the citizens of Serbia to buy real estate under the same conditions as Serbia allows their citizens.

For all other information and details about purchasing a real estate in Serbia, please do not hesitate to contact our office, so that we can suggest available dates for the meeting on that occasion.

PROVISION OF LEGAL ASSISTANCE TO FOREIGN LEGAL ENTITIES - Immigration law and the rights of foreigners in the Republic of Serbia

Our team of lawyers, with professional care and responsibility, provide legal assistance to foreign legal entities including, but not limited to:

• Intermediation and advising of foreign legal entities in the process of deciding on investments in the market of the Republic of Serbia, including a comprehensive legal analysis of market conditions (Due Diligence),
• Establishment, registration and termination of the Branch of a foreign legal entity, as a separate organizational part through which the foreign legal entity performs activities in the Republic of Serbia,
• Establishment, registration and termination of the Representative office of a foreign legal entity, as a separate organizational unit that can perform preliminary and preparatory activities in order to conclude the legal business of the foreign legal entity,
• Representation of foreign legal entities (potential foreign investors) before the Development Agency of Serbia, a body of the Government of the Republic of Serbia, as a reliable partner for both domestic and international companies, with the unique goal of building a strong and sustainable economy and improving people’s quality of life.

CRIMINAL LAW, MISDEMEANOURS, AND COMMERCIAL OFFENCES

Our law office is committed to providing the highest quality defence services in the field of so-called of company/economic criminal law and in the criminal proceedings for criminal offenses in this area, as well as in other penal/delict proceedings, primarily proceedings against legal entities and their responsible persons.

We are experts in defence in criminal proceedings for economic crimes, as well as crimes related to corruption, money laundering, taxes, and public procurement.
We are one of the few legal teams that is specialized and has extensive experience in defence for environmental pollution criminal and criminal offenses related to hazardous waste management.

Because of the consequences that may affect companies and their responsible persons in the form of potential fines, but what is even more important - in restrictions that may threaten their future business (inability to obtain certain permits or possibility to lose them, the inability to participate in public procurement procedures or other tenders etc.), a special area of our practice is focused on defence and representation in misdemeanour proceedings and commercial offenses proceedings.

We successfully and dedicatedly represent clients in misdemeanour proceedings and economic offense proceedings, primarily in the areas of customs, environmental protection, waste management, transport and logistic, taxes, banking, financial and commercial operations, construction, mining, energy, insurance and other areas of law.

We advise companies and their management bodies in relation to identification, risk assessment and compliance of their internal procedures with criminal and other penal provisions.

We advise and represent international and domestic companies, as well as individuals in criminal and other penal proceedings in which they appear as damaged parties of the commission of criminal acts to their detriment, as well in relevant litigations or other proceedings in order to eliminate the consequences of criminal or other penal acts.