Law on Associations
The law, 51/2009, 99/2011 — other laws and 44/2018 — another law, governs voluntary non-profit associations. At least three founders are required, including one resident or established in Serbia.
Avangarda does not provide legal representation. These materials are here to inform and to make rights easier to understand. For a concrete legal procedure, contact a lawyer, legal aid service or the relevant institution.
Freedom of association and civil society
The Associations Act governs voluntary nonprofit organisations: formation, membership, governing bodies, registration, assets and dissolution. The current text incorporates Official Gazette RS 51/2009, two amendments through other laws in 99/2011, and another law in 44/2018. Political parties, religious organisations and sports bodies require their special legislation first; this Act applies correspondingly to matters that legislation does not regulate.
Article 10 requires at least three founders, at least one resident or established in Serbia. The founding assembly adopts a founding instrument and statute and elects a representative. The statute sets objectives, membership, bodies, voting arrangements, management of funds and disposal of assets on dissolution. Members govern directly or through elected representatives; the assembly is the highest body.
Registration with the Serbian Business Registers Agency, APR, is voluntary, but legal personality arises only upon registration. Formation and acquiring legal personality are therefore different events. Registration must also be distinguished from project approval or public funding: registration itself does not secure a budget grant.
Nonprofit status does not prohibit every economic activity. Article 37 permits an activity connected with the statutory objectives, provided in the statute and limited to the scale needed to fulfil those objectives. That activity must be entered in the relevant register before it starts. Profits cannot be distributed to founders, members or other persons specified by the Act.
For example, three people establish an association for accessible cultural programmes. They define admission and decision making in the statute; their representative submits the registration application. If a member challenges an unlawful individual act or a general act contrary to the statute, Article 20 allows an action declaring it void before the competent basic court: within 15 days of learning of it, and no later than six months after adoption. This is not an appeal to APR.
The original three month commencement period and two year exception for former Article 32(4) are historical transitional provisions; Article 32 subsequently ceased to apply.
This explanation is informational; translations are editorial, not official. Check the statute, current legislation and appropriate procedure for your particular association or dispute.
What is this for?
Clarifies formation, statutes, representation and legal status.
Who can use it?
Founders, members and representatives of voluntary non-profit associations.
When should it be used?
When founding, amending statutes, registering or protecting membership rights.