Nova pravna rješenja o registraciji poslovnih subjekata – uloga notara
New legal solutions on registration of business entities - role of notary

Author(s): Irena Mojović
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: Public law; civil law; notary; role; notary service; legislation; legal solutions; business entity;
Summary/Abstract: Notaries have their role as extrajudicial preventive judges, which as legal experts draft acts of incorporation of business entities and notarize such acts in the prescribed form of the notary public documents and thereby prevent litigation, so that the established authority of the notaries should be strengthened to that effect. In Bosnia and Herzegovina the Latin notary service was established, after being recommended by the European Union as the best and safest. In that way, the legal systems in Bosnia and Herzegovina are closer to European legal tradition on bases of which the role of the notary in legal life is constantly being increased in Europe. The time has shown the necessity of changes and adjustment of certain provisions contained in the Law on Business Registration, the Company Law, the Law on Notaries and other laws related to business entites, as well as necessity to adopt the regulation on electronic connection of court registry and notaries, and to adjust the registration procedure for all forms of business entities, all in order to strengthen the role of notaries in development and strengthening of the legal system and legal security. In the future harmonization of the analyzed regulations, one should not allow diminishing the jurisdiction of notary service nor should succumb to occasional misunderstanding of the role of notary service in the business life and business transactions, but rather to strengthen this role in accordance with the recommendations and trends in modern European law. In the course of determining solutions by legal and other experts, it would be essentially to include notaries, because their expertise and experience in this area can contribute to harmonized regulations and, thus, to the necessary degree of legal certainty.

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