Serbia is one of the fastest-growing food producers with great protentional for new and ambitious investors.
Recent advances in agribusiness and food production have promoted awareness of the growing importance of this industry on both a national and international level. Included are activities that contribute to national and international food supply and the production and distribution of natural fibres. Our experts can advise on all legal matters issues regarding research and development, retail sales and marketing strategies.
At IVVK we have the expertise to negotiate the challenges of a highly competitive commercial environment. We take into consideration all internal and external factors including changes in policy and technological advancements.
We can be legal support to our clients generate new businesses and divisions, bring products to market, manage pressure with supply chains, expand and diversify operations and navigate any other challenges this industry presents our clients.
One of our highly skilled lawyers will be able to assist you in the area of agribusiness and food production investment.
As banking and financial markets continue to evolve and businesses interact with each other in a global economy, it is essential that any legal team has the expertise to deal with, often complex financial transactions.
At IVVK our dynamic team are well equipped and experienced in representing our clients both at home and abroad. We are also on hand to participate, where appropriate, in helping to draft new legislation and policy in partnership with the Serbian government. We have established strong partnerships with colleagues on the international stage and are increasingly involved in international events.
We have a large clientele base which includes banks, investment companies and other financial and commercial organisations for whom we have acted with regard to framework agreement negotiations for derivatives, ISDA Master Agreements, TBMA/ISMA Global Master Repurchase Agreements, Global Master Securities Lending Agreements, and EFET General Agreements;. Our lawyers can provide regulatory advice on exchange traded agreements and assistance in entering OTC derivatives. We have a great deal of expertise in assisting with OTC and exchange-traded derivatives and related regulation and routinely advise regulated investors and issuers of financial products about regulatory issues.
Businesses in Serbia, particularly those with subsidiaries or branches abroad, are facing financial challenges in light of the recent financial crisis. Restructuring can be necessary for a number of reasons including insolvency or financial hardship. We are able to assist clients in all areas including the drafting and completion of bank agreements and the enforcement of loan and security documents. We have been able to support a number of individuals, businesses and organisations as fluctuations in the financial markets have increased the number of distressed companies and necessitated restructuring for many. Our experience in this field means those distressed companies or companies with distressed loans are in safe hands as we are able to work with them in reaching solutions which best suit their unique set of circumstances.
Our advice includes:
• Refinancing of distressed loans
• Enforcement of loans and security
• Agreements between banks and distressed enterprises
• Crisis management in banks, including solvency and liquidity requirements
• Litigation
We are able to advise on all aspects of project and export finance transactions which can prove challenging and complex. Our clients benefit from comprehensive documentation necessary to complete public and private ventures. Our team have experience in working in partnership with international colleagues and are able to share expertise with regard to intercontinental projects or those based in Serbia. We have a particular specialism in assisting projects which promote renewable energy and are able to advise a range of investors, lenders, sponsors, banks and other financial institutions on all project and export financing issues.
We are able to advise on:
• Finance, syndication and funding structures
• Loan agreements
• Guarantee and security documents as well as the underlying performance-based documentation
Our team are able to assist in offering legal advice on funding to clients who wish to lease large assets such as aircraft, ships, containers, trains and vehicles. We can deliver sensible pragmatic bespoke solutions for businesses and individuals.
Our advice includes:
• Drafting and implementing short- and long-term lease agreements
• Obtaining finance and granting security
• Corporate structuring of financing companies
• Repossession and realisation
• Restructurings and insolvency
• Regulatory issues, including aviation licences and airworthiness certification, and insurance matters
• Litigation and disputes about leases and other credit agreements
Shifting markets across borders and changing markets can be challenging when dealing with registration issues and transactions in financing shipping. We have experience in representing vessels both at home and abroad with financing, particularly with shipping loans.
We have a great deal of experience in advising clients on all legal matters relating to shipping and have developed strong links with colleagues abroad with whom we can work in partnership if the need arises.
Our advice includes:
• Financing structures
• Loan agreements
• Security documents, including international security
• Enforcement and realisation of security, including vessels
• Arrest, detention, maintenance, insurance and operation of vessels
An increasing number of businesses have chosen to use Bonds for funding rather than the traditional route of accessing money from banks. If Bonds are the preferred means of funding by certain companies, we are able to act for clients offering sound legal advice on market conditions and affiliate organisations involved. Our experts in financing and banking are able to support clients in Bond funding for acquisitions and with other financial products both nationally and internationally. We can advise on structured finance transactions and assist Bond issuers with a range of general business funding purposes.
Our advice includes:
• International bond programmes
• Investment grade bonds
• Covered bonds
• High yield bonds
• Securitisation
• Corporate structure of financing companies
• Convertible bonds
• Structured financial products
Changes to ways in which acquisitions are financed have shifted the manner in which banks, sponsors and borrowers relate to each other and present considerable challenges to law firms. At IVVK, we have vast experience in mergers and acquisitions and take pride in keeping abreast of current market conditions. We are able to act for domestic and international clients on a range of acquisition and merger issues, both straightforward and complex. Our expertise spans a whole range of issues both domestic and international with regard to M and A transactions.
We are able to advise on:
• Bilateral and syndicated loans, including revolving credit facilities
• Mezzanine capital and other subordinated debt
• Bond issues, including high yield bonds
• Intercreditor relations
• Granting of security
Our lawyers ensure that we have a strong understanding of any changes to international financing and follow financial markets very closely so that we can best serve our clients. We have a wealth of experience in drafting loan agreements for both borrowers and lenders. We are able to offer advice on all private equity funds, nationally and internationally. We also have experience in acting for clients in commercial discussions and advise on both internal and intercompany funding.
We are able to advise on:
• Bilateral and syndicated loans
• Bond issues
• Granting of security
• Intercompany funding, including cash pools
• Securitisation
• Factoring and leasing
We work alongside technical and procurement teams to guarantee correct project implementation and to provide all necessary legal solutions for our clients. In doing so, we mitigate risk for the client. Our experts can provide strategic advice regarding the drafting and structuring of complex documents. We ensure these are all bespoke for the needs of each client. At IVVK we have worked on a wide range of projects including retail, commercial and residential buildings, hotels, industrial plants, infrastructure and logistics. We have specific experience with both Greenfield and Brownfield projects
We work alongside technical and procurement teams to guarantee correct project implementation and to provide all necessary legal solutions for our clients. In doing so, we mitigate risk for the client. Our experts can provide strategic advice regarding the drafting and structuring of complex documents. We ensure these are all bespoke for the needs of each client. At IVVK we have worked on a wide range of projects including retail, commercial and residential buildings, hotels, industrial plants, infrastructure and logistics. We have specific experience with both Greenfield and Brownfield projects
International, European and national regulations pose challenges to businesses which deal in building and any aspects of real estate; whether, constructing, renting, purchasing or selling property.
We have a highly experienced and effective legal team of experts, with proven records of success in Serbia, with international investors and in state-controlled projects. Indeed, we have been an integral part of some of the most important legal transactions in the area.
Our clients are at the heart of what we do. We are acknowledged as experts in securing contracts which best serve the interests and needs of our client base. Whether the contract is FIDIC or a bespoke contract, unique to a client's specific requirements, we are able to act confidently and effectively on their behalf. We also have extensive experience in resolving construction disputes and can mediate in all areas of multi-party relations.
We work in direct partnership with our clients, providing access to an expert legal team who oversee all aspects of a range of projects for investors, contractors and engineers. We minimise risk by ensuring that those engaged follow all legal protocols and safety guidelines. Guiding our clients through the maze of administrative requirements such as zoning requisites and permits which have the potential to hinder progress, is our focus. We are able to offer effective strategies and from them formulate contracts and legal documents which reflect the unique perspective and needs of each client.
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Construction projects require careful management which adhere to a wide range of protocols and guidelines. We make the process as smooth as possible for our clients by providing the very best legal advice throughout the duration of the project. We aim to act in partnership with our clients by ensuring they are informed throughout and able to contact us if any unforeseen issues arise. We have in-house experts with an in-depth knowledge of procedures and possible risks ready to advise on any building project; public and private.
Securing financing for real estate can be challenging particularly when there are additional or special requirements. We can advise on accessing loan opportunities and securing finance. We have developed lasting professional relationships with a range of financial institutions including domestic and international banks, mortgage and credit institutions and rating agencies for private individuals and portfolios for property companies. Our record in securing financing of commercial properties is recognised widely. As a result, we achieve optimised outcomes for our clients.
The myriad of complex challenges facing any building, construction and infrastructure project, is recognised by our team at IVVK and we are here to lend our expertise and experience. We anticipate obstacles which may emerge by negotiating contracts which are concise, manage possible risk and ensure any and all precautions which might impair any legal process are taken. Our aim is for our clients to achieve positive outcomes with minimum inconvenience.
We assist with:
• Risk management
• Security
• Insurance
• Relations with relevant bodies
• Financing matters
• Providing expert opinion
• Dispute resolution
• Arbitration and litigation
• Handling claims for delays and contract breaches
• Consultancy agreements
• International rules
• Partnering
• Advice during the building work and construction process
If you have a legal need in Construction, Infrastructure and Real Estate one of our highly skilled lawyers will be able to assist you.
The list below provides an indication of how we can act for or advise our clients but is by no means exhaustive and other services may be available upon request.
Careful preparation is intrinsic to any successful property transaction and this must take place before the conclusion of business to ensure any challenges are resolved effectively.
We have acted for a number of Serbian and European clients in securing a wide range of acquisitions in retail, hospitality, industrial, office and domestic properties. We are able to assist with both individual and property portfolios and provide expert advice regarding funds of pensions and properties, associations and both listed and private investors.
Our aim is to identify individual needs and requirements and provide the appropriate expert advice and ensure client satisfaction throughout by minimising risk through early intervention.
Matters of insolvency require specific expertise to deal with often complex issues which emerge. We will provide the relevant professional skills to manage these situations to achieve best possible outcomes. In addition to this, we have a proven record of success in advising banks and other financial institutions both domestic and international including investors. We have experience in overseeing and managing issues around bankruptcy when payments are suspended, as trustees. As specialists we are able to achieve effective resolutions to a variety of legal and commercial matters.
It is essential that all companies, funds and other legal entities have a basic knowledge of corporate law and the regulatory framework to ensure that owners, employers, investors and others share the benefits as part of any business enterprise. In advising our clients on all aspects of corporate law, we always consider needs and interests unique to the client’s situation and offer legal expertise which is appropriate.
As foundations and other independent institutions are subject to regulatory requirements and supervision, we at IVVK can provide the necessary advice to ensure companies comply with complex rules and regulations so that their businesses can run effectively within the existing legal framework.
Our advice includes:
• Establishment of foundations
• Amendment of articles of association
• Reorganisations, including mergers
• Corporate Governance
• Management issues, including the risk of liability
• Negotiations with regulatory authorities, which are often required before implementing significant changes
A free-flow of information is essential between corporate ownership and management to ensure all interests are addressed and that each has opportunities to express issues specific to their areas of expertise. At IVVK we can facilitate this and cement relationships between a company and its owners or between different owners while advising on the best model for ownership structure within an appropriate framework.
We advise on:
• The negotiation and drafting of shareholders' agreements
• Protection of minority interests
• Abuse of majority shareholder power
• Shareholder roles in listed companies
• Shareholder influence at general meetings
We are able to craw on our considerable experience to ensure general meeting are well prepared and properly chaired by experienced individuals. We have a proven record of establishing workable protocols for a wide range of companies and associations. We are able, when applicable in our capacity as lawyers, to chair meetings for both listed and private companies. Our aim is to ensure we arrive at effective resolutions that are cost-effective and benefit our clients.
Our assistance includes:
• Preparing and executing general meetings, including preparation of meeting notices and proxies
• Obtaining and presenting the documents required
• Assessing the requirements for valid adoption of resolutions
• Chairing general meetings
• Registering resolutions passed by general meetings with business authorities
Within IVVK we have a legal team which deals exclusively with aspects of corporate governance including funds and foundations. Recognising the shift towards corporate governance, we can advise clients on the impact of corporate regulations in terms of issues and internal rules on their specific businesses. We have the expertise to support clients so that they are able to implement corporate governance rules and principles effectively to achieve excellent outcomes.
We advise on:
• Recommendations on corporate governance, including preparation and implementation of guidelines for board composition and evaluation, and other issues
• The relationship between directors and executive management and the company, its owners and other stakeholders
• The rights and obligations of directors and executive management in connection with disposals or acquisitions
• The risk of liability for directors and executive management etc.
• Service contracts and incentive programmes for directors and executive management
It is not uncommon for companies to review capital, company or ownership periodically. Dealing with change whether major or minor requires the type of expertise we can offer at IVVK. We can provide advise and insight into how best to incorporate and adjust capital structure, planning, reorganisation and restructuring.
Our advice includes:
• Reorganisations, including share exchanges and change of corporate form
• Mergers and demergers, including cross-border transactions
• Capital structure, including capital adjustments
• Dividend payments
• Liquidation
• Loans and security
The start-up phase of a new business enterprise can be challenging and we advise, using our experts in the initial stages, so that the most appropriate documents can be formulated. We provide practical advise and legal guidance drawing on specialist knowledge where appropriate in producing articles for establishing a foundation or fund.
We offer advice on:
• Choice of corporate form
• Structure and method of incorporation
• Drafting of relevant documents such as the memorandum of association, articles of association and rules of procedure for the board of directors
• Raising of investor capital including loan capital financing and other relevant documentation
• Executive management issues including contracts and incentive programmes
• Ownership
• Minutes reports and records, registers of shareholders and similar documentation
• Managing Relations with public authorities
• Filing and registration with business authorities
The world is digital. While digitalisation improves convenience and reduces environmental damage, data in this format can become vulnerable to attack. At IVVK we understand the need for safeguards to protect valuable data and to reduce the risk to businesses. Our experienced lawyers have up-to-date knowledge on all aspects of data protection and can provide expert advice on the importance and practicalities of protecting data.
We are experienced in dealing with complex and sensitive data and know the ins and outs of the industry-specific needs of our clients. We aim to provide a full and thorough service that ensures the safety and security of our clients and their data.
At IVVK we have a proven track record of success and have experience working in highly sensitive industries. Our lawyers have the expert knowledge and industry experience to provide a complete legal service for the client. All our lawyers have advanced knowledge of General Data Protection Regulation and can give guidance and advice to this effect.
• GDPR advice
We have a great deal of experience in acting for our clients when it is deemed necessary to go before a court. We have proven records of achieving positive outcomes for our clients when representing often complex issues in all legal proceedings in Serbian courts- including the Serbian Supreme Court. Our legal experts are highly proficient in ensuring all facts and commercial details are considered and utilise a wealth of legal expertise and knowledge in formal proceedings in order to deliver strategic and carefully planned presentations of our clients’ position to the court.
Mindful of costs, we are able to identify potential legal risks to any commercial enterprise by providing clear and concise advice for our clients throughout litigation or arbitration proceedings so that satisfactory solutions can be reached and opportunities realised. Whenever possible we will try to resolve disputes through discussion, mediation and arbitration in order to minimise the stress, inconvenience and risks which inevitably impact on corporate life. We believe resolutions are best achieved when communication between lawyers and clients is open and based on trust. We will always consult with clients and value their contributions in developing effective strategies which best serve their interests. Should the diplomatic route prove fruitless, we will explain next steps in conflict resolution through the courts, where our experts can act for them appropriately.
The advice we provide includes:
It is vital when preparing for arbitration that the best possible case is researched and presented as an arbitral award cannot be appealed. In order to best understand the process our lawyers, as a matter of course, regularly act as arbitrators in other cases. This allows them a unique perspective into these proceedings and provides a platform for launching the best possible case for our clients. Having had experience as arbitrators, we are often able to anticipate the actions and arguments of opposing counsel and make preparations accordingly. Where possible, we will appoint arbitrators which best serve our clients needs.
We ensure the best-case management by:
• Ensuring the right tribunal composition
• Adopting and pursuing a clear strategy
• Making ongoing adjustments to the strategy where necessary and assessing if there are alternatives to arbitration
• Adjusting the resources carefully to fit each unique case
• Conducting case preparation in an efficient and innovative way, drawing on the most relevant specialist skills
Every case is unique and requires careful research and preparation to ensure the specific needs of each client are catered for. Having legal experts in all litigation areas, we are able to represent clients in Serbian and international courts including the European Court of Justice. Experienced in all aspects of court proceedings, we have members of our team who have had key roles within the court system and have an in-depth knowledge and understanding of its processes. By using our considerable collective skills, we are to represent clients effectively and assure positive outcomes through strategic planning and implementation.
We ensure the best-case management by:
• Adopting and pursuing a specific litigation strategy in every case.
• Making ongoing adjustments to the strategy if necessary and assessing whether or not there are relevant alternatives to litigation.
• Carefully adjusting the resources to each unique case.
• Preparing the case in an efficient and innovative way, drawing on the relevant specialist skills
It is often not in the client’s best interest to resolve conflict through the courts as this is often costly and time consuming. We present alternative strategies to avoid litigation and are experienced in implementing a range of resolution models to achieve satisfactory settlements. We work alongside our clients to decide the merits of out-of-court settlement over legal proceedings at both national and international levels.
Our work includes:
• Analysis of the legal, commercial and financial risks.
• Settlement negotiations in Serbian and in international jurisdictions.
• Opportunities for negotiating a settlement with the assistance of a third party, including through mediation
We aim to identify possible areas of dispute before they arise and can advise on drafting contracts or standard terms which incorporate means by which conflicts can be resolved by litigation, arbitration or other creative solutions. We will ensure that clients have all the relevant information regarding a variety of models for conflict resolution and are fully versed in their advantages and disadvantages. Using us in the early stages of contractual negotiation for both Serbian and international contracts can pre-empt potential areas for dispute before they arise.
Our advice includes:
• The financial consequences of choosing a certain dispute resolution model.
• Any other commercial implications involved with selecting one process over another.
• The special opportunities and challenges inherent in the different dispute resolution models.
• The special challenges of cross-border contracts
Issues may arise in the workplace between employer and employee which requires careful and sensitive handling due to labour laws and employment contracts. We are on hand to offer clear and concise advice on such matters as experts in the field. We also have experience in dealing with matters which pertain to part-time and temporary employees. We specialise in advising employers, managers and executives on workplace resolutions. We strive for excellence in meeting the needs of our clients by ensuring that the documents and employment contracts that we draft provide top-level advice and encompass the complexities of human resource practices and procedures.
The key to cost-effective outcomes lies in embedding good employer employee relationships from the outset and ensuring that we anticipate any situations which may arise in the workplace. Our forward-thinking advice in matters concerning employment law help in a wide range of industries allowing us to act in the client’s best interest and meet their specific needs.
We are able to advise on the often confusing array of statutory health and safety regulations within the workplace. We ensure that our client, as employers, adhere to all working environment laws including various guideline and executive orders. We shoulder the responsibility to free our clients to carry out their vital work while ensuring there is a free-flow of communication in both directions.
We advise on environment legislation, including:
• The health and safety organisation in the workplace
• Workplace evaluations
• The implementation of employee policies on working environment
• Industrial injury claims
There are many legal considerations to be made when seconding employees in terms of insuring contracts marry up with the terms of the secondment agreement and are legally sound in respect of tax, social insurance and all applicable laws. Although, usually, secondment takes place within the same international group this is not always the case. We can advise on any employee transfers relating to secondments globally. Our advice extends from the sending of general memos to dealing with the most complex of problems.
We advise on:
• Serbian employers considering an outward secondment to another country
• Foreign employers considering an inward secondment to Serbia and/or the establishment of a branch in Serbia
It can be necessary to protect clients who are at risk from hostile competition. This is particularly challenging when it comes from former employees or the employers with whom they are now in partnership. At IVVK we are able to ensure employers have the necessary protection against any competition especially when it is unauthorised. Through robust implementation of restriction of competition we advise on client’s obligations to those parties and their rights to resolve issues including, if necessary, termination of an employee.
The assistance we provide includes:
• Non-competition clauses (prohibition against taking up employment with or setting up a competing business)
• Clauses on non-solicitation of customers and suppliers (prohibition against establishing business relationships with the customers and/or suppliers of a former employer)
• Causes on non-solicitation of employees (clauses preventing or restricting employees from taking up employment with other employers)
We also provide advice on:
• The competition restrictions implied in the provisions of the on good marketing practices and protection of trade secrets
• The event of non-compliance with any of the aforesaid clauses and/or the provisions of the, assist in obtaining a prohibitory injunction and in raising a claim for an agreed penalty/compensatory payment
• Assessing the validity and scope of specific clauses in connection with the employment of individuals bound by such clauses
At times it may be necessary to implement an independent legal investigation. Investigations can occur if there are either allegation or suspicions of irregularities in a company or public institution. The application of the complex legal rules in situations such as these must be handled with the utmost sensitivity. We have the knowledge and expertise to conduct these matters and where necessary, we are able to draw from the strength of our in-house professionals to provide specialist advise to ensure a thorough and efficient investigation.
This form of employment law is concerned with the professional relationship between employer and each employee. Regardless of the workplace, this area of law must be respected as it involves not just the everyday management of employees but what to do when unforeseen circumstances occur. IVVK’s legal team have extensive experience regarding matters of individual law and are able to advise both employer and employees from executive officers to causal workers.
We advise on matter concerning:
• Employment contracts
• The employer’s managerial rights
• Employee policies
• Drafting of warnings
• Letters of dismissal (with or without notice)
• Severance agreements
It has become increasing common for foreign companies to use incentive schemes as part of employee payment. While there can be benefits, we advise on the advantages and disadvantages of their use and the legal issues that can arise. We have experience dealing with disputes brought before the court on a number of matters such as stock options. We can provide greater clarity on tax and company law in relation to incentive schemes.
We assist employers in:
• The drafting and implementing employee incentive schemes, in which remuneration is based wholly or partly on shares, warrants, stock options, convertible bonds, stock appreciation rights, bonus, commission, percentage of profits, or the like
• Reviewing an existing incentive scheme if, in the event of termination of an employment, there is uncertainty about the legal position of the former employee in respect of the (existing) scheme
• The introduction of employee benefits and flexible remuneration packages
As companies recruit labour from abroad to meet the demands of a growing global community, we have established strong links with the Serbian Immigration service to the benefit of our clients by ensuring better communication with the relevant agencies ensuring speedy resolution.
We advise on:
• The employment of foreign labour and all of the immigration and employment law issues which may arise in that connection
• Whether it is necessary to obtain a residence and work permit for a specific employee, etc.
• The practical handling of the application procedure
We also advise on taxation and incentives and schemes that often benefit our clients.
It is not uncommon for disputes to arise because of termination of employment either with or without notice. This can give rise to claims of unfair dismissal, issues around bonus or incentive schemes and entitlement to holiday pay among other things. As with all disputes, this can prove stressful for all parties involved. We provide advice that limits the potential fallout from these often distressing matters and aim to resolve them expediently by arranging mediation and acting as negotiators to reach satisfactory settlements. Where these early methods of intervention are not effective and legal proceeding become necessary, we have vast experience in acting for our clients in court and at arbitration to achieve the best possible outcome.
Employment contracts require careful consideration and can, in theory, be negotiated but are often restricted by legal statutes such as collective and local agreements. We can help employers meet the exacting requirements of labour law when formulating contracts and other documents relating to employment conditions.
We provide advice on:
• Preparing employment contracts – standard or individual - for all employee groups
• Reviewing and, if necessary, amending existing employment contracts to comply with current legislation
• Their endeavours to optimise the terms of their employment contracts
A growing trend for employers is the introduction of a handbook which concisely outlines expectations and obligations of the employee in the workplace while also listing employee statutory rights such as sickness benefits, maternity leaves and other entitlements. These handbooks can prove advantageous for the employer but require careful planning and wording to ensure legal rights of all concerned are not infringed. We can provide the necessary advice to ensure all aspects of employee handbooks are legally sound and structured so that, if necessary, the employer has the right to sanction employees who act contrary to guidelines.
We advise employers on:
• The drafting and implementation of employee handbooks and/or policies
• The extent of the employer's managerial rights
• Consultations with employee representatives
• Notice to the employees where required, etc.
Dismissals with or without prior notification can place considerable stress on all parties involved and can quickly become a costly and exhausting affair without sensitive handling. We can provide damage limitation by offering sound advice to employers, executive officers and managers. We can draft a plan of action to include a step-by-step template of written warnings and in the event of dismissal, letters of termination.
We assist in:
• Drafting letters of dismissal
• Determining the correct length of notice periods
• Giving notice of holiday
• Deciding on suspension and release from duty to work, and in all other questions arising in relation to dismissals
• The fairness of dismissals according to general or special employee protection rules, and on the consequences if a dismissal is unfair or contrary to the protection rules
• The drafting and negotiation of severance agreements.
• The special circumstances requiring the dismissal of a large number of employees, the group advises on the rules on consultation and notification in connection with collective redundancies
• In the event of material breaches of employment contracts, we advise on summary dismissals, i.e. dismissals without notice
In the Serbian labour market, much is governed by collective agreements whereby an employer is bound to the agreement due to an employers' organisation membership. Disputes can quickly escalate into conflicts if there is failure to manage claims from trade unions around collective agreements impacting on everyday business practices. Swift resolution is required and we at IVVK can achieve this utilising our expertise in the area of collective agreements.
We provide advice to employers on:
• Claims relating to collective agreements
• The conclusion of collective and local agreements
• Disputes relating to the interpretation of or non-compliance with collective agreements
We participate in:
• Collective agreement negotiations
• Joint meetings
• Mediation meetings
• Industrial arbitration
• Proceedings at the Labour Court
• Issues concerning shop stewards and safety representatives and other activities naturally connected to collective labour law
• The handling of collective agreements in connection with business transfers and restructurings poses particular challenges, in which we have considerable experience
Complex issues can cause difficulties between employer and employee due to employment and labour laws around business transfers, mergers, restructuring, bankruptcy and suspension of payments. We have the skills to ensure advice on the intricacies of employment law in accordance with current legislation and collective agreements, is to the satisfaction of all concerned.
Acting for either vendor or seller we can advise on business transfers and mergers including:
• Harmonising the terms and conditions of employee groups on both sides
• Altering collective terms, etc.
• Employment law issues in connection with restructurings
• The legal position of employees in connection with an employer's bankruptcy, suspension of payments, etc.
All absences from the workplace can present challenges to both employers and employees. The law surrounding absences can be complicated but we provide practical and comprehensive legal guidance around such issues.
Our advice includes:
• Company policies on holiday,
• additional non-statutory days off,
• maternity, paternity and parental leave
• and other types of absence from work
IVVK recognises the constant shifts and complexities in the energy industry. Energy is one of the fasting growing and diverse industries and expert up-to-date advice is required to navigate this industry effectively. Our experts are knowledgeable on all aspects of this evolving industry including electric mobility, new production sources, energy storage systems and the ever-evolving policies and financial support mechanisms.
We have some of the best lawyers available to handle any issues regarding the energy industry. We understand how industries interact and overlap and how issues raised during real estate, project finance and corporate matters often have energy concerns included. We can provide advice to assist with protecting the security interest of our clients, due diligence, mergers and acquisitions, regulatory compliance, project financing, licensing processes.
The advice we provide includes, but is not limited to, the following areas:
At IVVK we recognise that advancements in technology are challenging the traditional financial models and altering the way financial services are provided. Our experts know and understand these changes at all levels of financial law and are equipt to advise accordingly. Through regular and thorough training, all members of the legal team at IVVK have up-to-the-minute knowledge on all developments and act on behalf of the clients to pre-empt and mitigate any risk is this quickly evolving industry.
IVVK knows the financial sector and can provide expert advice. Our lawyers have experience with, FinTech, investment banking, asset management, infrastructure and all types of lenders and intermediaries. We have experience at both national and international level. We can advise and assist with the acquisition of new business and the launching of new products and services as well as structuring reform, the patents process including IP law, competition and banking. We work with our clients to keep them informed and to ensure their interests are protected at all times.
The advice we provide includes, but is not limited to, the following areas:
One of our highly skilled lawyers will be able to assist you in the area of financial investment.
One of the most important achievements of any effective and successful state is the provision of outstanding healthcare. Recently, there has been significant investment in the in public and private healthcare sector in Serbia, and still we expect more of the investment in this field and legal framework is really acceptable for investments . This is a fast-growing industry and the restructuring of the state-run healthcare services promise growth and opportunity in both the public and private sectors.
We have the expertise to guide our clients through all challenges within this exciting and fast-growing sector. We can assist with investing legal framework, restructuring, establishing new services while mitigating risk and ensuring the full potential of our client’s projects are realised.
The pharmaceutical industry continues to be one of the most important economic sectors in fast growing Serbian economy , and with annunciation of starting producing covid 19 vaccines, Serbia becoming leading regional leader in pharma business and a significant contributor to the regional economy. Clients can be intimidated by the perceived heavy regulations however, with the right legal guidance , this industry can present an attractive investment opportunity. Significant growth can be realised through manufacturing, research and development, greenfield investment and production contracts. There is also access to large markets via already established free trade agreements. Our experienced lawyers can advise clients from both healthcare and pharmaceutical industries on all matters commercial and regulatory. We can also advise on market authorisation for medical devices, wholesale license, clinical trials, public procurement, adverse effects and events and pricing and reimbursement.
The advice we provide includes, but is not limited to, the following areas:
One of our highly skilled lawyers will be able to assist you in the area of healthcare and pharmaceuticals.
The potential for investment in the area of hospitality, leisure and tourism is one of the most attractive prospects in all of south-east Europe. The variety of challenges require an expert multi-disciplinary approach to ensure success for the client. At IVVK we have that expertise. The region is culturally rich and diverse and boasts many unique geographical features including beautiful coastline and thermal springs.
The hospitalities industry plays a significant role in the economy of the region and the diverse landscape ensure clients have considerable options when looking to invest, whether it be a spa or a ski school
At IVVK we advise developers, private financiers, owners, banks and hospitality operators on all legal issues concerning this industry. We have experience handling regulatory compliance, disputes, crisis management, health and safety, IT, IP, data protection and commercial transactions. Our experts have intricate knowledge of the hospitality, leisure and tourism industry. Our real estate lawyers are able to provide expert advice to our clients throughout the entirety of the investment process ensuring they are involved in the processes and achieve the best possible results. One of our highly skilled lawyers will be able to assist you in the area of hospitality, leisure and tourism.
At IVVK we build on our previous experience.
Successful development in legal advising infrastructure requires us to draw on that experience. We have acquired the knowledge and expertise to create legislative initiatives and push the boundaries of what is possible in financing and construction initiatives to promote investment opportunities in this sector.
We have advised on multiple important projects in the infrastructure sector and work closely with our client to ensure success.
Another constantly changing sector is transportation. Alterations to regulation, environmental concerns and fluctuations in fuel prices can present challenges to our clients. We use our legal expertise to advise our clients on procurement relationships, financing and disposition of transportation business and equipment, joint venture, strategic alliances, and public-private partnerships. We also have the necessary skill to assist with any other commercial transactions.
The advice we provide includes, but is not limited to, the following areas:
One of our highly skilled lawyers will be able to assist you in the area of infrastructure and transport.
Intellectual property law can prove complex particularly in light of advances in current technology but we recognise its importance in growing business and within all aspects of commercial enterprise and personal creativity. At IVVK we can guide and advise on all aspects of IP law both in Serbia and internationally. It is our aim to protect our clients and provide services which relate to the evaluation of trademarks and designs, protections for patents, copyrighting protections as well as identifying infringements and dealing with them appropriately. We strive to carry out due diligence so that any obstacles to progression are overcome and we meet all challenges head-on to protect our client’s interests.
The advice we provide includes, but is not limited to, the following areas:
In partnership with international teams and associates we can quickly offer advice on international contracts, consulting and working with experts who have in-depth knowledge in their particular fields. This ensures your rights as a client are protected and you are able to act if required against competitors.
IVVK are leaders in the field of IP law in terms of patents and utility models for the chemical, pharmaceutical, mechanical, electronic and bio tech industries. We have the skills to deal with very complex issues pertaining to patent infringements and are able to quickly assess and familiarise ourselves, through close partnership with our clients, the intricacies of their businesses, services or products so that we can provide the necessary advice for swift resolutions.
IVVK conducts cases concerning:
• Infringement and validity of patents and utility models in all Serbian courts
• Ownership of inventions, including in Serbian or international arbitration proceedings
At IVVK we have established strong links with international companies and have a great deal of experience in providing expert advice with regard to high-profile disputes about trademarks, domain names and other IP issues and carry out litigation where necessary. We are able to provide assistance in conducting cases overseas when required through our professional relationships with colleagues abroad.
Our assistance includes:
• Strategic and practical advice for the purpose of protecting and enforcing our clients' Serbian, European and international rights as well as dispute resolution
• Advice in cases relating to country codes and generic top-level domains
• Advice in cases heard by national or international complaints or appeal boards
Our experts are able to advise clients both domestic and international by reporting on due diligence in pursuing all compliance procedures related to IP. Having established strong relationships with specialist IP advisors, we can also recommend appropriate individuals or companies to support our clients in Serbia and abroad with regard to corporate risk management and enforcement strategies.
At IVVK we have a proven record of negotiating successful contracts for clients in the entertainment industry, media, sports world and special interest groups as well as R and D firms. We protect our clients from the dangers of any aspects of IP infringement.
We offer advice on:
• Licence agreements
• Co-operation agreements
• Transfer agreements
• R&D agreements
• Sponsor agreements
• Players' contracts
• Franchise agreements
IVVK advises on all aspects of copyright, including:
• Protection of newspapers
• Protection of magazines
• Protection of books
• Protection of films
• Protection of television and radio programmes
• Protection of games
• Agreements on the assignment and/or exploitation of copyright
• Agreements governing employees' copyright in works developed for the employer
• Freelance agreements
• Advertising agency agreements
• Cases involving product imitations or counterfeit products
• Copyright infringement cases
With the law being strengthened in regard to the rights of the consumer, including class action rules we can advise on all aspects of marketing law, retail, privacy laws, e-commerce and distance selling among other issues. We can help resolve disputes about services and general complaints regarding matters of consumer law to the satisfaction of all concerned.
We aim to identify possible areas of dispute before they arise and can advise on drafting contracts or standard terms which incorporate means by which conflicts can be resolved by litigation, arbitration or other creative solutions. We will ensure that clients have all the relevant information regarding a variety of models for conflict resolution and are fully versed in their advantages and disadvantages. Using us in the early stages of contractual negotiation for both Serbian and international contracts can pre-empt potential areas for dispute before they arise.
Our advice includes:
• The financial consequences of choosing a certain dispute resolution model.
• Any other commercial implications involved with selecting one process over another.
• The special opportunities and challenges inherent in the different dispute resolution models.
• The special challenges of cross-border contracts
As we progress further into the 21st century the new industrial era is driven by technological advances in digitalisation and automation. At IVVK we understand that innovation brings challenge and that our clients need the best advice available to keep up with new advances that are impacting regulatory frameworks.
Traditional business is being transformed by these advances which bring both threat and opportunity to our clients. Our experienced lawyers understand the intricacies of the vibrant world of IT and know how to monopolise the advantages and mitigate the risks of this industry.
Our skilled team are up-to-date with all changes occurring in the diverse IT industry and our experts can manage legal issues in IP, employment, corporate and M and A, finance and tax, regulatory and commercial practices for our clients. At IVVK we have both knowledge and expertise to advise on all applications of technology including cloud computing, smart-phone applications, e-commerce, databases and security. We can advise international tech companies, startups for software developers, licensing issues, data protection, domain claims and other disputes and outsourcing matters.
The advice we provide includes, but is not limited to, the following areas:
One of our highly skilled lawyers will be able to assist you in the area of IT.
There are multiple benefits to private equity beyond the obvious financial ones. Private equity can also contribute expertise, experience and innovation to any project. The right private equity can strengthen the market position of a company and ultimately contribute to the overall success of the project or venture.
At IVVK we have an in-depth understanding of the south-east European market and have established professional relationships with national and international financial institutions.
Our expert lawyers have regularly advised on topics such as fund sponsors and fund investors and have consulted on structuring, governance, regulatory compliance and the managing of market expectations. Private equity plays an increasingly important role in investment. It creates and improves opportunities for entrepreneurs and helps to encourage economic growth in a dynamic, opportunity-rich region. Our experts use their banking and finance experience in conjunction with their corporate and M and A expertise to secure the best outcomes for our clients across the region. Our wealth of experience ensures we provide the best available advice regarding equity funds and provide the legal framework for financing companies and acquisitions in this high growth industry. One of our highly skilled lawyers will be able to assist you in the area of private equity.
At IVVK we have the requisite skills and experience to advice and provide legal support for all transaction documents with regard to customs and taxation. In this constantly changing field it is vital that lawyers are confident in their understanding of tax laws particularly within the global community. They must also understand mechanisms which influence investors and multi-national conglomerates and be able to act in the client’s best interest. Our experts are able to deal with these and all other challenges including those relating to VAT, custom duties and indirect taxes that may arise putting the client’s interests front and centre. We achieve this through working alongside external partners and colleagues to collaboratively reach solutions.
The key to cost-effective outcomes lies in embedding good employer employee relationships from the outset and ensuring that we anticipate any situations which may arise in the workplace. Our forward-thinking advice in matters concerning employment law help in a wide range of industries allowing us to act in the client’s best interest and meet their specific needs.
We respond to the needs of companies which operate within a global community and are able to provide advice for Serbian subsidiary companies abroad and foreign companies established in Serbia. We are able to assist with all aspects of international tax, cross border queries and transactions so that our clients can respond to challenges while taking advantage of any opportunities which arise.
Tax law is frequently updated and requires careful attention to detail. We can provide the necessary advice to ensure changes are incorporated in specific areas with regard to restructuring, adjustment of capital structure and start up of new activities and that nothing is overlooked. We are also experts in group taxation.
We assist companies and groups with tax advice relating to:
• Joint taxation
• Holding companies
• Restructuring
• Company formation
• Financing structure
• Reorganisation
• Capital injection
• Tax planning
When establishing a new business it is important, from the outset, that a business model of ownership takes into account how it will develop and progress in the future including the development of new business areas and the admission of new investors. Careful attention is needed to ensure compliance within current guidelines with regard to registration, notification and payment of direct and indirect taxes among other aspects. We are albe to advise well established businesses as well as start-ups both nationally and internationally on a legal matters.
Our tax law group advises on:
• The choice of business form and ownership structure
• Organisation of the business and its activities in a way allowing the business to comply with current tax rules and regulations without incurring any needless costs
• We assist in drawing up all relevant documents relating to e.g. company and employment law matters.
• Drawing up relevant contracts, collective agreements, etc.
• Applications for registration with public authorities in order to provide the business with the best possible framework for its future operation and development
When establishing a new business it is important, from the outset, that a business model of ownership takes into account how it will develop and progress in the future including the development of new business areas and the admission of new investors. Careful attention is needed to ensure compliance within current guidelines with regard to registration, notification and payment of direct and indirect taxes among other aspects. We are albe to advise well established businesses as well as start-ups both nationally and internationally on a legal matters.
Our tax law group advises on:
• The choice of business form and ownership structure
• Organisation of the business and its activities in a way allowing the business to comply with current tax rules and regulations without incurring any needless costs
• We assist in drawing up all relevant documents relating to e.g. company and employment law matters.
• Drawing up relevant contracts, collective agreements, etc.
• Applications for registration with public authorities in order to provide the business with the best possible framework for its future operation and development
Tax considerations are intrinsic to the proposal, development and retail of financial products. This can prove challenging particularly if they are in tandem with foreign financial interests. We are working to improve Serbian input to ensure its interests are also considered. We have extensive knowledge and experience in advising on taxation of all financial products thereby maximising potential tax opportunities..
