Adoption of Privatization Law
The aim of the law is to protect all of the key institutes of the markets, especially the institute of protected creditors and the institute of ownership.
In addition to the sale of the capital, which was incorporated also by the previous law, the the new law includes the possibility of selling the property.
The law provides flexible selection of models, methods and measures of privatization, which will allow companies to find potential partners, investors, customers and to return to the economic life if possible, and seek a solution in bankruptcy if it is not possible.
The legislation includes a strategic partnership as a model of sales and capital transfer without compensation.
Only two sales methods are designed, and these are public call followed by auction, and the other is simply a collection of public offers.
Measures that precede the privatization process, provide the possibility of debt relief and the possibility of conversion of debt into equity or property.
Buyer may be domestic or foreign corporate entity or individual who is declared as the buyer or the person who entered into a purchase contract. Payments are made in domestic or foreign convertible currency.
It is anticipated that the starting price for the sale of equity or assets amounts to at least one-half of the appraised value of capital or assets, and the new price of other bids and public auctions should be at least one-third of the estimated value of capital or assets.
Transfer of equity without compensation to employees is the transfer of capital in the privatizations of social capital to be privatized by the model of capital sale, so that the 30 per cent equity is transferred to the employees, without compensation, in the shares or interests.
Capital transfer without compensation to the strategic investor is awarding bonus to the investor in case of positive results of operations to be carried out in accordance with the regulations governing the incentive for investment, based on the decision of the Government of Serbia.
Privatization is mandatory for entities with social capital.
The process of privatization is initiated by the Serbian government, the authority of the autonomous province or local self-government.
The law has the character of lex specialis, to remove the obstacles that might have emerged from conflict with other laws.
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