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New obligations in archiving for Serbian companies in 2022

As of 2022 new obligations are implemented regarding archiving prescribed in The Law on Archive Materials and Archiving Activities (“Official Gazette of the Republic of Serbia”, No. 6/2020,) (hereinafter: “ the Law”) although the Law started to apply as of 2nd February 2021 it was not implemented due to missing bylaws.

Now main obligations of the companies are:

  1. to bring 3 general documents :
  2. General Act on the manner of recording, classification, archiving, and storage of archival material and documentary material,
  3. General Act on the Method of recording, protection, and use of electronic documents,
  4. List of categories of archival material and documentary material with storage deadlines (needs to be delivered to competent archive institution for approval);
  5. appoint a responsible person for the protection and handling of archival material and documentary material;
  6. keep an archive book in prescribed form, and submit the archive book, i.e. a transcript of the archive book to the competent archive no later than 30 April of the current year, for documents produced in the previous year.

Besides the above mentioned obligations of company which are most easily controllable, the company also has other numerous obligations prescribed by the Law, some of which are:

  • to provide adequate space and equipment for the storage and protection of archival and documentary material;
  • to record, marks, classify, date and archive archival and documentary material,
  • to obtain the opinion of the competent archive before taking measures related to archival and documentary material (status changes, physical relocation, adaptation of premises, opening of bankruptcy or liquidation, microfilming, digitization, etc.);
  • to select archival material and separate for destruction worthless documentary material whose storage period has expired, one year from the date of expiration of the established period;
  • to enable the authorized person of the competent archive professional supervision over the recording, classification, selection, archiving, storage, professional maintenance and protection of archival material, i.e. over its selection from documentary material.

Failure to meet any of the obligations mentioned above constitutes a misdemeanor for which a monetary fine is prescribed for the company in the amount of RSD 50,000 to 2,000,000 (approximately EUR 420 to EUR 17,000), while the responsible person within the company may be imposed a fine in the amount of RSD 5,000 to 150,000 (approximately EUR 40 to EUR 1,250).

For all clarifications and assistance feel free to contact us.