To ensure we act in accordance with our core values and to provide the highest quality of legal service, we have adopted certain terms and policies and we undertake to conduct ourselves in a manner consistent with them. These policies reflect the highest ethical standards of legal profession. In addition to that, all our team members fully respect Law on Profession of Advocates in Serbia and Code of Professional Ethics for Advocates in Serbia, which values fully embedded in our policies. Surely, no policy can address every possible situation, and in that case, we will always rely on our good judgment and integrity, which after represent a cornerstone of every great lawyer.
According to Article 45 of the Serbian Law on Advocacy [in Serbian: “Zakon o advokaturi”] (Official Gazette of the RS 31/2011 and 24/2012) (hereinafter: “Law on Advocacy”) two or more Attorneys at Law [in Serbian: “advokati”] hereinafter “Founders”) may by an agreement regulating their mutual business and property relations establish a joint law office [in Serbian: “Zajednička advokatska kancelarija“] (hereinafter: “Joint Law Office”). The Founders are obliged to deliver the agreement, together with the registration application, to the competent Bar Association [in Serbian: “Advokatska komora”] within 15 days upon execution for registration purposes. All Founders from the same Joint Law Office must have the same registered seat of their offices. The Joint Law Office must have a notice board stating the words: “joint law office” [in Serbian: Zajednička advokatska kancelarija“] and the name of the joint law office, in accordance with the founding agreement and the Law on Advocacy. The Joint Law Office does not have the status of a juridical (legal) person. The Joint Law Office ceases to exist by agreement of the Founders or if there is only one Founder remaining as a member of the Joint Law Office.
Zajednička advokatska kancelarija Bojanović i partneri is a Serbian legal practice organised and registered before the Belgrade Bar Association [in Serbian: “Advokatska komora Beograda”] in the form of a Joint Law Office with the registered seat [in Serbian: “registrovano sedište kancelarije”] at Vlajkovićeva street no. 12, 11000 Belgrade, Republic of Serbia. The full registered name of the joint law office is “Zajednička advokatska kancelarija Bojanović i partneri” (hereinafter: “Bojanovic & Partners” or “we” or “BOPA”).
Bojanovic & Partners is inscribed before the relevant registry of the Belgrade Bar Association by the respective decision of the Belgrade Bar Association number 4316/2016, in line with the Law on Advocacy, Statute of the Serbian Bar Association [in Serbian: “Statut Advokatske komore Srbije”] (Official Gazette of the RS 85/2011, 78/2012 and 86/2013), Statute of the Belgrade Bar Association [in Serbian: “Statut Advokatske komore Beograda”] (Official Gazette of the City of Belgrade 93/2016) and Code of Professional Ethics of Attorneys [in Serbian: “Kodeks profesionalne etike advokata”] (Official Gazette of the RS 27/2012) (hereinafter: “Applicable Legislation”).
Pursuant to the Applicable Legislation, Vladimir Bojanovic, Attorney at Law [in Serbian: “Advokat”], is a managing partner [in Serbian: “Rukovalac”] of the joint law office (hereinafter: “Managing Partner”), having PIB No 106347071 and Statistical No: 57304278.
Pursuant to the Applicable Legislation, the Joint Law office does not have legal subjectivity. Consequently, the legal assistance is provided by the Founders and (on a case to case basis) by other Attorneys at Law engaged in line with the Applicable Legislation by the Founders of the Joint Law Office, with the assistance of legal trainees [in Serbian: “advokatski pripravnici”] (hereinafter jointly: “Lawyers”). For the purpose of these GTE, Lawyers and Bojanovic & Partners shall be jointly referred to as “BOPA”.
These GTE constitute the general terms under which BOPA provides legal services to natural persons and legal entities (hereinafter: “Client” or “you”). BOPA provides legal assistance in regards to the laws of the Republic of Serbia, (hereinafter: “Legal Assistance”). If a Client expresses its interest and requests Legal Assistance by BOPA, or BOPA offers Legal Assistance to a Client, the Client shall be referred to the respective BOPA Founder who will be the main contact for the duration of the Client’s cooperation with BOPA (hereinafter: “BOPA Partner”). The Client shall provide the BOPA Partner all information BOPA needs to determine the type and volume of the Legal Assistance the Client requires. The BOPA Partner shall prepare a proposal for establishing cooperation between BOPA and the Client based on the given information (hereinafter: “Proposal”). The Client agrees that (i) any authorized representative of the Client or (ii) any other person employed or engaged by the Client included in the correspondence between BOPA and the Client, is entitled to accept and approve the Proposal (hereinafter: “Client’s Representative”). There can be exchanges of several Proposals until BOPA and the Client both find mutually acceptable terms for cooperation. If the Client’s Representative and BOPA Partner agree on the Proposal in written form, including by way of exchange of email, it shall be considered that agreement on engagement of BOPA for provision of Legal Assistance is concluded (hereinafter: “Engagement Agreement”) effective immediately unless differently prescribed in the Engagement Agreement.
The Engagement Agreement must be in writing (including by way of exchange of email correspondence). The Engagement Agreement must be concluded on behalf of BOPA by the Managing Partner (unless the Client instructed and engaged another Lawyer), and on behalf of the Client by the person appointed by the Client for the establishing of the cooperation.
If BOPA and the Client agree on the new engagement after concluding an Engagement Agreement, this will not terminate the existing engagement, but the existing engagement shall continue to be in force unless the new Engagement Agreement specifically prescribes that the old engagement is terminated by the new one, or if it regulates the same scope of services to be provided by BOPA but in a different matter. These GTE shall be an integral part of the Engagement Agreement regardless of its form, and shall be applied whenever BOPA provides Legal Assistance.
The BOPA team is comprised of Lawyers specialized in the legal area in which the Client requires Legal Assistance. As the Client may require Legal Assistance in various areas of law during cooperation with BOPA , the BOPA team will, as a rule, be formed for each individual matter of Legal Assistance. Lawyers are appointed to the BOPA team based on their experience and competence in a specific area of Legal Assistance the Client requires, considering the timeframe for the required Legal Assistance. Depending on the complexity of the assignment, the BOPA team may also be made up of a single Lawyer, which will be determined by Managing Partner.
Considering that certain areas of the law are in and of themselves complex, and that their changes are constant and dynamic, and include various sub-areas in which different Lawyers are equipped with the necessary expertise, members of the appointed BOPA team can consult other Lawyers during their work.
When executing the Engagement Agreement or giving instructions for a specific assignment, the Client may specify the persons from the Client’s organization that will be included in the cooperation and correspondence between the Client and BOPA (hereinafter: “Client’s Team”). If the Client has specified the Client’s Team, BOPA will include all members of the Client’s Team equally in the correspondence, unless the Client’s Team member giving instructions for a specific assignment stresses that certain Client’s Team members are not to be included in the correspondence for that specific assignment. When the Client’s Team is made up of several persons, BOPA will act in accordance with instructions given by any of those persons, unless the Client specifically points out that instructions need to be given by specific member(s) of the Client’s Team. If the Client specified a Client’s Team in the Engagement Agreement, when receiving the first instruction from a person who is not a member of the Client’s Team, BOPA will ask one of the persons designated in the Engagement Agreement as members of the Client’s Team to confirm that BOPA may provide Legal Services based on instructions from that third person. After receiving such confirmation, that person shall be considered a member of the Client’s Team. If the Client wishes to change a member of the Client’s Team, the Client needs to notify the responsible BOPA Partner or a person designated by that BOPA Partner to take a lead in the Client’s case of this decision in writing. If the Client has not specified the Client’s Team, BOPA will accept instructions from any member of the Client’s business organization.
BOPA does not advise in relation to any business, financial, tax or any other non-legal issue. If a Client requests these services to be provided, BOPA may recommend advisors to the Client to act on these matters. BOPA may assist Clients in providing translations in any language, by engaging expert translators (hereinafter: “Translation Service”). BOPA cannot accept responsibility for the work of any of these persons.
In principle, fee is based on the working hour spent on a Client’s matter multiplied by the hourly rate (hereinafter: “Hourly Rates”). Hourly Rates shall be agreed between BOPA and the Client in the Engagement Agreement. When calculating the time spent on Client’s affairs, BOPA will include meeting with the Client, and any time spent travelling; considering, researching, preparing and working on papers; correspondence; and the making and receiving of telephone calls.
In some situations, it is possible to agree a fixed fee in advance that shall be paid regardless of the invested time in work (hereinafter: “Retainer”) or Hourly Rates with the maximum amount to be paid regardless of the invested time in work (hereinafter: “CAP”). When the fee estimate is provided without agreeing on a Retainer or a CAP, any given fee estimate is given only as a guide to assist the Client with calculations, and shall not be considered as if a Retainer or CAP were agreed. For a CAP or Retainer to be agreed, it is mandatory to explicitly state “CAP” or “Retainer” in the Engagement Agreement. CAP and Retainer cannot be agreed orally.
BOPA makes no promises regarding the specific results of provided Legal Services or result of a legal proceeding in which it represents the Client; therefore, BOPA is entitled to the fee for provided Legal Services even if the intended business or other goal was not reached. However, in certain cases it can be explicitly agreed in writing in the Engagement Agreement that the fee that BOPA is entitled to depends on the achieved results.
Unless otherwise specifically agreed in writing, BOPA rates (Hourly Rates, CAPs, Retainers or otherwise as agreed with the Client) are always expressed in EUR, and payable in line with the applicable laws in the Republic of Serbia, in EUR or RSD counter value and in line with applicable legislation.
By instructing BOPA to act on a Client’s behalf, the Client is also authorizing BOPA to incur such expenses BOPA considers necessary to carry out the work. BOPA will require the expenses and disbursements that will incur on a Client’s behalf to be reimbursed to BOPA as and when they are incurred. Also, BOPA may ask the Client to pay for such expenses in advance. Amongst other things, expenses may include court fees; translation fees for Translation Services by expert translators; administrative fees; the fees of other persons engaged by BOPA with Client’s permission; search and registration fees; courier service expenses etc. BOPA will also charge expenses for travel and accommodation incurred whilst travelling away from the office for matters directly related to subject work. BOPA charges for all expenses on a real cost basis. All costs shall be clearly specified in invoices issued to the Client.
All fees and costs are given without VAT, which will be charged at a rate which is prescribed by the laws of the Republic of Serbia (if applicable), and which will be separately listed in the invoice.
In principle, BOPA shall provide invoices for Legal Assistance to Clients monthly, usually by issuing an invoice by the 10th day in a month for the services provided in the previous month. BOPA and the Client may agree on different dynamics for invoicing for the provided services. Likewise, BOPA is entitled to issue an invoice for the provided Legal Assistance immediately after their provision. In certain cases, BOPA may request that the Client pay the whole or part of the fee to BOPA in advance, prior to provision of Legal Assistance.
The invoices will provide a specification of the work done, including specific dates, the names of the fee earners, and a description of the work done. The invoices will be nominated in EUR, unless mandatory foreign exchange regulations of the Republic of Serbia and other laws impose the nomination of invoices in Serbian dinars (hereinafter: “RSD”). If the invoices must be nominated in RSD currency, BOPA will calculate the amount to be invoiced by applying the exchange rate between RSD and the EUR that is applicable on the Invoice issuing date pursuant to the selling exchange rate of Unicredit Bank Srbija a.d. Beograd. Invoices are payable in the currency in which they are nominated, and as a rule payment is made to BOPA’s bank account, specified in the invoice issued to the Client.
The deadline for paying the invoices is 8 days, since the day of the invoice issuing, unless agreed otherwise between BOPA and the Client. If the invoice specifies a different payment period, the deadline specified on the invoice will apply. If BOPA does not receive the invoiced amount by the specified deadline, BOPA retains the right to charge the Client statutory default interest. Moreover, in addition to the statutory default interest rate, if the amount is nominated in RSD and if the amount is overdue and there is a decline of the local currency exchange rate against the EUR from the date on the invoice to the date of payment of more than 5%, BOPA shall have the right to calculate and to subsequently charge the Client the difference caused by the fluctuation in the exchange rate. If payments are overdue, BOPA also reserves the right to terminate work for the Client until all outstanding debts are paid.
If for any reason the issuing of an invoice by BOPA is followed by the Client’s request for BOPA to re-issue the invoice to another entity, BOPA may decline to do so. If the request is accepted, the Client agrees hereby to provide BOPA , in parallel with BOPA re-issuance of the invoice, with all documents and information that BOPA may request to enable BOPA to reclaim the VAT calculated on the original invoice, if VAT was calculated. The Client will remain liable for the payment of invoices, even if the reissuance request is accepted, until all sums outstanding to BOPA are paid.
The invoices shall be signed and stamped by the Managing Partner, containing the billing details for the Managing Partner, unless the engagement is established with some other Lawyers.
BOPA and/or Lawyers are responsible only for the actual damage (in Serbian: “stvarna šteta”) suffered by the Client as a direct consequence of the Legal Assistance provided to the Client by BOPA and/or Lawyers based on the Engagement Agreement, save for those matters in which it is provided in these GTE that BOPA does not take any responsibility for (hereinafter: “Liability”).
The maximum monetary Liability of BOPA and/or Lawyers to the Client is capped to the lesser of the following alternative amounts: (i) the maximum amount of coverage under BOPA Lawyers’ professional indemnity insurance applicable at the time, or (ii) an amount equivalent to fees charged and collected from the Client for the work done on the matter from which the Client’s claim originates. This sum includes all damages, costs and interest that may be awarded against BOPA and/or Lawyers. The Client shall have the right to request the claims against BOPA and/or Lawyers arising from the Engagement Agreement only in the period of: (i) 1 (one) year after the date of the performance of the actions that the Client claims gave rise to the purported Liability, and (ii) 30 (thirty) days after the Client becomes aware of such alleged breach that gave rise to the purported Liability.
By concluding the Engagement Agreement with BOPA , the Client confirms that it shall not have any receivables and shall not file any claim, lawsuit, proposal or anything similar against any natural person (including those being engaged as the Lawyers) in relation to any matter for which the Legal Assistance has been provided to the Client. Accordingly, every lawsuit which the Client wants to file may be related only against BOPA or the Lawyers as commercial entities, and not against natural persons that are engaged by BOPA (including the Lawyers).
For avoidance of any doubt, Lawyers who are not explicitly engaged based on the Engagement Agreement or the Power of Attorney shall not be responsible for the Legal Assistance of other Lawyers.
In any case, the above stated limitations of liability shall apply. The limits on the liability as described in this section shall apply to work done under these GTE and any future work, unless BOPA and the Client agree differently in writing.
Both Client and BOPA are free to terminate cooperation at any time. In case of termination of cooperation the notice period is 30 days, during which period BOPA must provide the Client with Legal Assistance regarding issues that may not be delayed, and present all original documents that the Client requests, and the Client have to pay all unsettled BOPA invoices, and the invoice for the Legal Assistance provided by BOPA during the notice period.
The relationship between BOPA and the Client regarding provision of the Legal Assistance shall be governed by the laws of the Republic of Serbia, without taking into consideration its conflict of laws rules. Likewise, these GTE shall be construed in accordance with laws of the Republic of Serbia, without taking into consideration its conflict of laws rules.
For resolution of all disputes that might arise between BOPA and the Client in relation to provision of the Legal Services, the competent body shall be the Commercial Court in Belgrade, Republic of Serbia.
Unless differently prescribed by the Engagement Agreement, the Client acknowledges it is familiar with Policies and Procedures found at www.bopa.rs, and that it has no objection in that regard, and that he accepts them.
BOPA accepts no responsibility to third parties for the services provided to the Client.
BOPA retains the copyright and all other rights in all the documents provided to the Client.
The invalidity of any of the provisions of these GTE shall not affect the remaining provisions which shall continue to bind both BOPA and the Client.
These GTE, the Engagement Agreement and any other correspondence between BOPA and the Client set out all the terms agreed between BOPA and the Client in relation to the work that BOPA is to undertake for the Client. In the event of any conflict between these GTE and the Engagement Agreement, the Engagement Agreement shall prevail. Terms of the GTE can be changed only consensually and in writing including email correspondence.
These GTE can be amended and it is Clients’ responsibility to monitor future changes. In case of any changes, the GTE initially applicable to a previous engagement remains unchanged for that engagement.
These GTE shall apply starting from 01 May 2016.
Zajednička advokatska kancelarija Bojanović i partneri is a Serbian legal practice organised and registered before the Belgrade Bar Association [in Serbian: “Advokatska komora Beograda”] in the form of a joint law office with the registered seat [in Serbian: “registrovano sedište kancelarije”] at Vlajkovićeva street no. 12, 11000 Belgrade, Republic of Serbia. The full registered name of the joint law office is “Zajednička advokatska kancelarija Bojanović i partneri” (hereinafter: “Bojanovic & Partners” or “we” or “BOPA”).
Bojanovic & Partners is inscribed before the relevant registry of the Belgrade Bar Association by the respective decision of the Belgrade Bar Association number 4316/2016, in line with the Law on Advocacy, Statute of the Serbian Bar Association [in Serbian: “Statut Advokatske komore Srbije”] (Official Gazette of the RS 85/2011, 78/2012 and 86/2013), Statute of the Belgrade Bar Association [in Serbian: “Statut Advokatske komore Beograda”] (Official Gazette of the City of Belgrade 93/2016) and Code of Professional Ethics of Attorneys [in Serbian: “Kodeks profesionalne etike advokata”] (Official Gazette of the RS 27/2012) (hereinafter: “Applicable Legislation”).
Pursuant to the Applicable Legislation, Vladimir Bojanovic, Attorney at Law [in Serbian: “Advokat”], is a managing partner [in Serbian: “Rukovalac”] of the joint law office (hereinafter: “Managing Partner”), having PIB No: 106347071 and Statistical No: 57304278.
Pursuant to the Applicable Legislation, the joint law office does not have legal subjectivity. Consequently, the legal assistance is provided by the founders of the office and (on a case to case basis) by other Attorneys at Law engaged in line with the Applicable Legislation by the founders of the joint law office, with the assistance of legal trainees [in Serbian: “advokatski pripravnici”] (hereinafter jointly: “Lawyers”).
This Anti-Bribery Policy (hereinafter: “Policy”) applies to all BOPA Lawyers and other personnel, including but not limited to Partners, Attorneys at Law, and Associates. This Policy also applies to all sub-contractors engaged by BOPA on an ad-hoc basis. Furthermore, all persons engaged in any way by BOPA , including those conducting tasks, shall observe this Policy (hereinafter: “BOPA Personnel”).
NOTION OF BRIBERY
In general, bribery is offering, giving, promising someone, whether an official or a third party, a financial or other benefit in order to encourage that person to perform his function or activity unlawfully in order to gain an illicit advantage. In other words, it is a relation where one person offers another person a consideration in order to unlawfully receive certain benefits and advantages.
Corruption is, in general, an abuse of someone’s entrusted powers, which are usually public powers, for unlawful benefits, undue advantages and other unlawful gains. Corruption has several forms, and it can be divided into grand corruption, corruption occurring at highest level of establishment, and petty or administrative corruption, occurring at a lower level of establishment. Corruption can be manifested, inter alia, as bribery.
Given its adverse effects, the Criminal Code of the Republic of Serbia (“Official Gazette of the RS” no. 85/2005, 88/2005, 107/2005, 72/2009, 111/2009, 121/2012, 104/2013 and 108/2014) incriminates bribery, as well as other similar activities such as brokerage in bribery and others.
COSTS AND EFFECTS OF THE BRIBERY AND CORRUPTION
Corruption has severe impacts on society. In particular, it affects the quality of services provided by public entities, hinders economic development, reduces foreign investments, lowers trust in public institutions and seriously weakens the rule of law. Therefore, corruption seriously threatens society at both an institutional as well as economical level.
BRIBERY BY A PUBLIC OFFICIAL (PASSIVE BRIBERY)
Passive bribery occurs when an official directly or indirectly demands, receives a gift or other benefit or accepts a gift, promise or other benefit for himself/ herself or other person in order to perform an act, which he/ she may not perform, or not to perform an act which he/ she must perform, which is within his/ her competences or in relation to his/ her competences.
BRIBERY BY A PUBLIC OFFICIAL (PASSIVE BRIBERY)
Active bribery occurs when a person gives, offers, or promises a gift or other benefit to a public official or another person in order for a public official to perform an act, which he/ she may not perform, or not to perform an act which he/ she must perform, which is within his/ her competences or in relation to his/ her competences. Acting as an intermediary in the given acts is also considered to be active bribery.
ANTI-BRIBERY RULES AND MEASURES
BOPA Personnel may not give, offer or promise any benefit, reward, financial advantage or any other consideration to any official, foreign official or any third person, if such act would pose as unlawful or unethical conduct.
BOPA Personnel may not demand, request, accept or receive any benefit, reward, financial advantage or any other consideration, if such act would pose as unlawful or unethical conduct.
BOPA Personnel may not in any way intervene or participate in any form of bribery or corruption.
BOPA Personnel shall fully observe and comply with the prohibition of dishonest or other forbidden solicitation of clients stipulated in the Code of Professional Ethics of Attorneys (“Official Gazette of the RS” no. 27/20012).
BOPA Personnel are obliged to inform the Managing Partner of any act or circumstance which raises suspicion of corruption.
BOPA will immediately inform the competent authorities of any act or circumstance which raises suspicion of corruption.
BREACH OF ANTI-BRIBERY RULES AND MEASURES
In case of breach of any of the above anti-bribery rules, the Managing Partner will apply appropriate measures in order to ensure general and special prevention of such misconduct among BOPA Personnel.
TRAINING AND EDUCATION
BOPA will take all necessary steps to ensure that its personnel are well acquainted with all forms of corruptive and dishonest behaviours, circumstances in which there exists a high risk of bribery and their obligations in that regard.
REPORTING AND MONITORING
BOPA will duly and timely amend the Policy in order to adjust it to changes in legal and social context of bribery. Therefore, the Policy shall always be fully applicable and effective so that it removes any risk of exposure of BOPA to corruptive behaviours.
This Policy is applicable as of 1st October 2016.
Zajednička advokatska kancelarija Bojanović i partneri is a Serbian legal practice organised and registered before the Belgrade Bar Association [in Serbian: “Advokatska komora Beograda”] in the form of a joint law office with the registered seat [in Serbian: “registrovano sedište kancelarije”] at Vlajkovićeva street no. 12, 11000 Belgrade, Republic of Serbia. The full registered name of the joint law office is “Zajednička advokatska kancelarija Bojanović i partneri” (hereinafter: “Bojanovic & Partners” or “we” or “BOPA”).
Bojanovic & Partners is inscribed before the relevant registry of the Belgrade Bar Association by the respective decision of the Belgrade Bar Association number 4316/2016, in line with the Law on Advocacy, Statute of the Serbian Bar Association [in Serbian: “Statut Advokatske komore Srbije”] (Official Gazette of the RS 85/2011, 78/2012 and 86/2013), Statute of the Belgrade Bar Association [in Serbian: “Statut Advokatske komore Beograda”] (Official Gazette of the City of Belgrade 93/2016) and Code of Professional Ethics of Attorneys [in Serbian: “Kodeks profesionalne etike advokata”] (Official Gazette of the RS 27/2012) (hereinafter: “Applicable Legislation”).
Pursuant to the Applicable Legislation, Vladimir Bojanovic, Attorney at Law [in Serbian: “Advokat”], is a managing partner [in Serbian: “Rukovalac”] of the joint law office (hereinafter: “Managing Partner”), having PIB No: 106347071 and Statistical No: 57304278.
Pursuant to the Applicable Legislation, the joint law office does not have legal subjectivity. Consequently, the legal assistance is provided by the founders of the office and (on a case to case basis) by other Attorneys at Law engaged in line with the Applicable Legislation by the founders of the joint law office, with the assistance of legal trainees [in Serbian: “advokatski pripravnici”] (hereinafter jointly: “Lawyers”).
This Conflict of Interest Policy (“Policy”) applies to all BOPA Lawyers and other personnel, including but not limited to Partners, Attorneys at Law, and Associates. This Policy also applies to all sub-contractors engaged by BOPA on an ad-hoc basis. Furthermore, all persons engaged in any way by BOPA, including those conducting tasks, shall observe this Policy (hereinafter: “BOPA Personnel”).
Pursuant to Article 255 Statute of Bar of the Republic of Serbia and Article 22 of the Code of Professional Ethics of Attorneys (“Official Gazette of the RS 27/20012”), an attorney is obliged to refuse provision of legal assistance in the following situations:
In addition, BOPA has zero tolerance for any form of direct or indirect discrimination based on skin color, national or social origin, property, birth or other status, religion, sexual orientation, political orientation or other personal affiliation. Accordingly, such personal circumstances of a client and/or potential client or their representatives will not, in any way, affect our decision on engagement.
In relation to the courts and other public bodies, Lawyers shall not affect the course or result of legal proceedings pending before mentioned bodies, by using unethical or unlawful means.
BOPA strives to provide legal assistance in a highly professional manner. In this regard, it is necessary for us to be informed by clients and/or potential clients on existence of circumstances which could cause conflict of interest. If a client and/or potential client fails to inform us of those circumstances, of which BoPa Personnel, acting with professional care, could not be aware, BoPa will not be liable for any damage arising thereof.
If a member of BOPA Personnel finds that there is a risk of conflict of interest in relation to legal assistance that is provided or is likely to be provided by BOPA, he/she shall immediately inform the Managing Partner accordingly. The Managing Partner will diligently assess the matter, and take measures for avoidance of conflict of interest and for mitigation of any negative consequences.
In addition, the Managing Partner will take all necessary steps to ensure that BOPA Personnel are well acquainted with all obligations of attorneys in relation to avoidance of conflict of interest. BOPA will ensure that BOPA Personnel are properly introduced to their obligations which relate to avoidance of conflict of interest, in particular reporting obligation.
In case of breach of any of the above obligations by any member of BOPA Personnel, BOPA will apply appropriate measures so as to ensure general and special prevention of such misconduct among BOPA Personnel.
This Policy is applicable as of 1st October 2016.
Zajednička advokatska kancelarija Bojanović i partneri is a Serbian legal practice organised and registered before the Belgrade Bar Association [in Serbian: “Advokatska komora Beograda”] in the form of a joint law office with the registered seat [in Serbian: “registrovano sedište kancelarije”] at Vlajkovićeva street no. 12, 11000 Belgrade, Republic of Serbia. The full registered name of the joint law office is “Zajednička advokatska kancelarija Bojanović i partneri” (hereinafter: “Bojanovic & Partners” or “we” or “BOPA”).
Bojanovic & Partners is inscribed before the relevant registry of the Belgrade Bar Association by the respective decision of the Belgrade Bar Association number 4316/2016, in line with the Law on Advocacy, Statute of the Serbian Bar Association [in Serbian: “Statut Advokatske komore Srbije”] (Official Gazette of the RS 85/2011, 78/2012 and 86/2013), Statute of the Belgrade Bar Association [in Serbian: “Statut Advokatske komore Beograda”] (Official Gazette of the City of Belgrade 93/2016) and Code of Professional Ethics of Attorneys [in Serbian: “Kodeks profesionalne etike advokata”] (Official Gazette of the RS 27/2012) (hereinafter: “Applicable Legislation”).
Pursuant to the Applicable Legislation, Vladimir Bojanovic, Attorney at Law [in Serbian: “Advokat”], is a managing partner [in Serbian: “Rukovalac”] of the joint law office (hereinafter: “Managing Partner”), having PIB No: 106347071 and Statistical No: 57304278.
Pursuant to the Applicable Legislation, the joint law office does not have legal subjectivity. Consequently, the legal assistance is provided by the founders of the office and (on a case to case basis) by other Attorneys at Law engaged in line with the Applicable Legislation by the founders of the joint law office, with the assistance of legal trainees [in Serbian: “advokatski pripravnici”].
This Data Protection Policy (hereinafter: “Policy”) applies to all BOPA Lawyers and other personnel, including but not limited to Partners, Attorneys at Law, and Associates. This Policy also applies to all sub-contractors engaged by BOPA on an ad-hoc basis. Furthermore, all persons engaged in any way by BOPA, including those conducting tasks, shall observe this Policy (hereinafter: “BOPA Personnel”).
Pursuant to the Data Protection Law, personal data is defined as any information relating to a natural person, regardless of the form of its presentation or a medium used (paper, tape, film, electronic media etc.), regardless on whose order, on whose behalf or for whose account such information is stored, regardless of the date of its creation or the place of its storage, regardless of the way in which such information is learned (directly, by listening, watching etc., or indirectly, by accessing a document containing the information etc.) and regardless of any other characteristic of such personal data. In general, personal data can be processed only with consent of a person to which such data relates. Consent can be given in writing or verbally for the record. Data processing without consent of a person to which such data relates can be undertaken only in cases prescribed by the law.
Data Protection Law also defines particularly sensitive personal data as data relating to ethnicity, race, gender, language, religion, political party affiliation, trade union membership, health status, receipt of social support, victims of violence, criminal record and sexual life. Such personal data shall be processed on the basis of consent of data subjects, save where the law does not allow the processing of such data even with the subject’s consent. However, data relating to political party affiliation, health status and receipt of social support may be processed without consent of data subjects, insofar as this is allowed by the law. Consent to processing of particularly sensitive data can be given only in writing.
All personal data in possession of BOPA are processed in accordance with the Data Protection Law and its by-laws.
BOPA duly and timely fulfils all obligations prescribed by the Data Protection Law which are applicable or might be applicable to BOPA. In particular, BOPA maintains appropriate evidences on personal data pursuant to the Data Protection Law and efficiently notifies the Commissioner for Information of Public Importance and Personal Data Protection (hereinafter: “Commissioner”) on an intent to form a data file.
In addition, BOPA observes legal requirements for transfer of personal data abroad. Pursuant to Data Protection Law, personal data can be transferred from Serbia to a state party to the Council of Europe Convention for the Protection of Individuals regarding Automatic Processing of Personal Data (hereinafter: “Convention”) without prior approval by the Commissioner. Personal data may be transferred from Serbia to a state that is not a party to the Convention or an international organization, if such state or international organization has a regulation or a data transfer agreement in force which provides a level of data protection equivalent to the regime prescribed by the Convention. In these cases of cross-border data transfer, Commissioner shall determine whether the requirements are met and safeguards put in place for the transfer of data from Serbia and consequently authorize or deny such transfer.
BOPA fully complies with the professional secrecy requirements prescribed by the Applicable Legislation. Pursuant to the mentioned regulations, all information, which an attorney at law obtains by a client or in another way, in regards to provision of legal assistance, is considered to be a professional secret of an attorney at law and should be kept confidential. The same is applicable to data, documents (file materials, objects, documents, electronic, audio or video recordings) or deposits which concern provision of legal assistance and which are made available to an attorney at law, regardless of whether those documents and deposits are located in a law office or elsewhere. Furthermore, confidential data which an attorney at law discovered from a person to whom they did not accept to provide legal assistance is within the scope of professional secret as well. In addition, confidential data that an attorney at law discovered from an opposite party, who addressed them prior to initiation of proceedings before a competent authority, for the purpose of settlement or mediation, is considered to be a professional secret.
BOPA applies appropriate protection measures and procedures in order to adequately protect confidential data and remove any risk of disclosure. BOPA has the necessary technical capacities to face these requirements.
An attorney at law shall be authorised to disclose a professional secret in the following cases:
Obligation of an attorney to keep a professional secret has no time limitation.
In case of breach of any of the above provisions by any of BOPA Lawyers or personnel, the Managing Partner of BOPA will apply appropriate measures in order to ensure general and special prevention of such misconduct among the BOPA Personnel.
BOPA pledges to take all necessary steps to ensure that its personnel are well acquainted with notions of data protection and professional secret and their duties set forth in this Policy.
This Policy is applicable as of 1st October 2016.
Zajednička advokatska kancelarija Bojanović i partneri is a Serbian legal practice organised and registered before the Belgrade Bar Association [in Serbian: “Advokatska komora Beograda”] in the form of a joint law office with the registered seat [in Serbian: “registrovano sedište kancelarije”] at Vlajkovićeva street no. 12, 11000 Belgrade, Republic of Serbia. The full registered name of the joint law office is “Zajednička advokatska kancelarija Bojanović i partneri” (hereinafter: “Bojanovic & Partners” or “we” or “BOPA”).
BOPA is inscribed before the relevant registry of the Belgrade Bar Association by the respective decision of the Belgrade Bar Association number 4316/2016, in line with the Law on Advocacy, Statute of the Serbian Bar Association [in Serbian: “Statut Advokatske komore Srbije”] (Official Gazette of the RS 85/2011, 78/2012 and 86/2013), Statute of the Belgrade Bar Association [in Serbian: “Statut Advokatske komore Beograda”] (Official Gazette of the City of Belgrade 93/2016) and Code of Professional Ethics of Attorneys [in Serbian: “Kodeks profesionalne etike advokata”] (Official Gazette of the RS 27/2012) (hereinafter: “Applicable Legislation”).
Pursuant to the Applicable Legislation, Vladimir Bojanovic, Attorney at Law [in Serbian: “Advokat”], is a managing partner [in Serbian: “Rukovalac”] of the joint law office (hereinafter: “Managing Partner”), having PIB No: 106347071 and Statistical No: 57304278.
Pursuant to the Applicable Legislation, the joint law office does not have legal subjectivity. Consequently, the legal assistance is provided by the founders of the office and (on a case to case basis) by other Attorneys at Law engaged in line with the Applicable Legislation by the founders of the joint law office, with the assistance of legal trainees [in Serbian: “advokatski pripravnici”] (hereinafter jointly: “Lawyers”).
This Anti-Money Laundering Policy (hereinafter: “Policy”) applies to all BOPA Lawyers and other personnel, including but not limited to Partners, Attorneys at Law, and Associates. This Policy also applies to all sub-contractors engaged by BOPA on an ad-hoc basis. Furthermore, all persons engaged in any way by BOPA, including those conducting tasks, shall observe this Policy (hereinafter: “BOPA Personnel”).
BOPA is committed to prevention of money laundering and financing of terrorism. Our mission is to provide legal assistance at the level of excellence in a lawful manner. Our vision is to be a leading law firm that will be a role model to legal practitioners in Serbia, in regards to professional standards. Accordingly, BOPA provides legal assistance to its clients with full observance of the law, in particular the Law on the Prevention of Money Laundering and the Terrorism Financing of the Republic of Serbia- “Official Gazette of the RS” no. 20/2009, 72/2009, 91/2010 and 139/2014 – hereinafter: the “Law“) and its by-laws, which make legal framework for prevention of money laundering and financing of terrorism in Serbia.
MONEY LAUNDERING
Pursuant to the Law, money laundering is to be understood as:
Pursuant to Article 231 of the Criminal Code of the Republic of Serbia (“Official Gazette of the RS”, no. 85/2005, 88/2005, 107/2005, 72/2009, 111/2009, 121/2012, 104/2013 and 108/2014 (hereinafter: “Criminal Code”) money laundering is a criminal offence. The sanction for this offence can reach 12 years of imprisonment.
TERRORISM FINANCING
Pursuant to the Law, terrorism financing means provision or collection of funds or property, or an attempt to do so, with the intention of using them, or in the knowledge that they may be used, in full or in part:
Terrorism financing means inciting and assisting in the provision or collection of property, regardless of whether a terrorist act was committed or whether property was used for the commission of a terrorist act.
Pursuant to the Law, a terrorism act is to be understood as a criminal offence specified in the treaties listed in the annex to the International Convention for the Suppression of the financing of terrorism, as well as any other act intended to cause death or a serious bodily injury to a civilian or any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to restrain from doing any act.
Pursuant to the Law, a terrorist is to be understood as a person who individually or together with other persons wilfully:
Pursuant to the Law, a terrorist organization is to be understood as a group of terrorists which:
Pursuant to Article 393 of the Criminal Code, terrorism financing is considered to be a criminal offence. The sanction for this offence can reach 10 years of imprisonment.
COLLECTION OF INFORMATION
Pursuant to the Law, attorneys are obliged to apply certain actions and measures for prevention of money laundering and terrorism financing when providing the following forms of legal assistance:
1. Assisting in planning or execution of transactions for a client concerning:
2. Carrying out, on behalf of or for a client, any financial or real estate transaction.
The measures and actions at issue are applied on the following occasions in the course of provision of above mentioned forms of legal assistance of an attorney:
Those measures and actions are as follows:
Beneficial owner of a company or any other legal person is to be understood as:
Beneficial owner of an entity existing under a foreign law, which receives, manages, or allocates assets for a specific purpose, is to be understood as:
An attorney will determine the identity of a client or its representative by way of an insight into a personal identity document of such persons in their presence, or into the original or certified copy of the documentation from an official public register, which shall be issued no earlier than 3 months before its submission to an attorney, or by direct insight into an official public register.
An attorney will determine the identity of a beneficial owner of a client that is a legal person by way of an insight into the original or certified copy of the documentation from an official public register which shall be issued no earlier than 3 months before its submission to the attorney. If it is not possible to obtain the required information from such sources, the information shall be obtained by way of an insight into the original or certified copy of a document or other business documentation submitted by a representative of the legal person.
An attorney shall obtain other relevant information by way of an insight into the original or certified copy of an identity document or other business documentation.
An attorney shall obtain a written statement from a client concerning any missing information.
BOPA observes all mentioned obligations which relate to collection of information in the course of provision of legal assistance to its clients.
REPORTING AND MONITORING
If a BOPA Personnel member determines that there are reasons for suspicion of money laundering or terrorism financing regarding a person or a transaction, he/she shall immediately inform the Managing Partner of such suspicion. BOPA shall immediately inform the Administration for prevention of Money Laundering of the Republic of Serbia (hereinafter: “Competent Authority”) on the existing suspicion, before carrying out the transaction, and indicate in a report the time when the transaction should be performed. In a case of urgency, such report may be made by telephone, in which case it shall subsequently be sent to the Competent Authority in writing, but no later than the next working day. This reporting obligation shall also apply to a planned transaction, irrespective of whether or not the transaction was later carried out.
Should BOPA be unable to comply with these obligations, either due to the nature of a transaction, or because a transaction has not been carried out, or for any other justified reason, it shall send the report to the Competent Authority, as soon as possible. BOPA shall make a written statement explaining the reasons why it did not act as prescribed.
When a client requests legal assistance from BOPA concerning money laundering or terrorism financing, BOPA shall report it to the Competent Authority promptly but no later than 3 days after the day when the client requested such legal assistance.
Notwithstanding the mentioned reporting obligations, an attorney will not be under the obligation to deliver to the Competent Authority any information or documentation which he obtains from a client or about a client when determining his legal position or when representing him in a court proceeding, or in relation to a court proceeding, including any advice provided in relation to the initiation or avoidance of such proceedings, irrespective of whether such information has been obtained before, during, or after the court proceedings. In the given situation, an attorney shall not be obliged to send information or documentation to the Competent Authority upon its request for information or documentation. However, an attorney shall send a written statement, stating the reasons why he did not act according to such request, immediately, but no later than within 15 days as from the date of receipt of such a request.
Pursuant to the Rulebook on Methodology of Performance of Business Activities in Accordance with the Law on Prevention of Money Laundering and the Terrorism Financing (“Official Gazette of the RS” no. 7/2010 and 41/2011 – hereinafter: “Official Prevention Methodology”), an attorney is obliged to keep evidence on the collected information and documentation, which relates to such information, electronically, chronologically and in a manner that provides an adequate approach to such information.
Information from the evidence must be searchable under the following criteria:
BOPA observes all mentioned obligations that relate to reporting and monitoring stipulated by the Law and its by-laws.
TRAINING AND EDUCATION
Pursuant to the Official Prevention Methodology, BOPA will duly and timely render an annual program of annual professional training and improvement of BOPA Personnel for prevention and discovering of money laundering and terrorism financing. In particular, the annual program will contain:
In addition, Managing Partner will take all other necessary steps to ensure that BOPA Personnel are well acquainted with all forms of money laundering and terrorism financing and situations in which there is a high possibility of existence of money laundering and terrorism financing. In addition, BOPA will assure that BOPA Personnel are properly introduced to their obligations that relate to prevention of money laundering and terrorism financing, in particular reporting obligations and collection of relevant information from clients.
BREACH OF THE POLICY
In case of breach of any of the above obligations for prevention of money laundering and terrorism financing by any member of BOPA Personnel, the Managing Partner will apply appropriate measures in order to ensure general and special prevention of such misconduct among BOPA Personnel.
ADJUSTMENT OF POLICY
BOPA will duly and timely amend this Policy to adjust it in accordance with changes in legal and social context of money laundering and terrorism financing. Therefore, this Policy shall always be fully applicable and effective so that the full implementation of the relevant provisions of the law is achieved.
This Policy is applicable as of 1st October 2016.