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"Our lawyers provide a high quality full legal service in all areas of Serbian commercial law."


Our Services

Ninkovic Law Office is able to provide a comprehensive legal service in all areas and aspects of Serbian commercial law. However, members of our team have a particular expertise in the key specialist practice areas outlined below. For further information please click on the individual practice area.

Aviation Law
Banking and Finance
Civil Litigation and Dispute Resolution
Competition Law
Corporate and Commercial
Communication and Media Law
Company Law, Representative Offices and Joint Ventures
Employment Law
Environmental Law
Insurance Law
Insolvency and Administration
Intellectual Property
International Private Law
Legislative Drafting and Government Consultancy
Mergers & Acquisitions and Privatization
Professional Development – Lectures and Seminars
Property and Construction Law
Taxation Law


Aviation Law

Ninkovic Law Office acts for air operators, airlines, airports and their insurers on liability, regulatory and commercial matters in Serbia. It also has significant experience in aircraft financing, acting for financial institutions and aircraft operators. Our recent experience includes:

• Acting as local correspondents for London solicitors, on behalf of the London Insurance Market, in defending and negotiating settlements on various liability claims arising from international carriage by air;
• Acting as local correspondents for London solicitors on behalf of airlines and London underwriters on the two major air disasters within the former Yugoslavia (in Croatia and Macedonia);
• Acting as local correspondents for London solicitors on subrogation claims on behalf of aviation re-insurers in London against the state of Serbia (and other former Yugoslav Republics);
• Advising on various aviation related regulatory issues; and
• Advising financiers on the Serbian law aspects of aircraft leases for commercial aircraft

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Banking and Finance

Our team have the capability and expertise to advise on all aspects of complex finance transactions, including providing advice on the following:

• Aircraft finance
• Banking law
• Corporate finance facilities
• Equipment leasing and finance
• Property construction and development finance
• Regulatory advice

Recently, we have acted for and represented major national and international banks and financial institutions, including undertaking the following work:

• Representing clients in multi-party and multi-jurisdictional disputes and settlements, in some of the most high profile disputes involving international banks in Serbia;
• Representing the largest Yugoslav international commercial bank, as chief legal counsel, in all of its foreign legal affairs;
• Advising on and drafting standard letter of credit agreements;
• Advising on and drafting standard banking contracts;
• Advising on and drafting custom made banking agreements including large loan agreements.

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Civil Litigation & Dispute Resolution

We have the capability, expertise and experience to handle dispute resolution cases at all levels from ADR, which is still not much used in Serbia, to Arbitration proceedings, Commercial Court proceedings and Appeals before the Supreme Court of Serbia. However, our objective is to achieve our clients’ objectives in a cost effective, timely and professional way. Our recent experience includes:

• Litigating and settling various payment default cases in the Commercial Court on behalf of international creditors;
• Representing clients before the Commercial Court on various matters relating to international trade contracts, banking law, IP infringements (trademarks and copyright) and insurance law;
• Acting as Serbian law experts in litigation pending before the High Court in London in proceedings concerning Serbian banking law;
• Acting for a major Serbian bank in a multi-jurisdictional dispute over the collection of receivables secured by way of a mortgage over a ship;
• Acting for a major Serbian insurance company and handling all of their Appeals to the Supreme Court of Serbia;
• Representing a major Serbian corporation in settlement negotiations including, preparing a defence in proceedings before the High Court in London in conjunction with UK solicitors, in a dispute with a Chinese supplier worth some US$260m;
• Representing and advising a major international bank in proceedings before the Commercial Court in Belgrade in a claim for recovery of a debt owing under a mortgage over commercial property;
• Carrying out legal analysis and preparing submissions for the World Bank regarding the Serbian civil law system, with amending proposals incorporated into the World Bank report on Serbian Law;
• Preparing the recent draft Law on the Regulation of Courts for the Government of Serbia;
• Representing an international investor who had acquired a lake in Serbia in complex litigation wherein the State of Serbia claimed property over the lake.

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Competition Law

We provide advice to domestic and international clients on mergers and acquisitions and the effect of these transactions on companies and subsidiaries operating within the Serbian market regarding competition law issues. In particular we have provided advice and representation on:

• Various aspects of the Serbian Competition Law;
• Dealings with the Competition Commission;
• Preparing mandatory submissions to the Competition Commission;
• Representation before the Commission.

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Corporate & Commercial

Ninkovic Law Office provides advice to domestic and international corporations on mergers and acquisitions, foreign investment in Serbia including through privatisations, joint ventures, international commercial transactions and corporate restructuring. We have also advised clients regarding asset and business acquisitions and disposals and have negotiated commercial service agreements and takeovers within Serbia. Recently we have:

• Represented and advised a large European hypermarket operator in their green-field investment in Serbia including on the relevant tender process for the acquisition of state owned commercial property;
• Advised a major international hotel chain in re-establishing its presence in Belgrade;
• Negotiated and drafted documentation for a consortium agreement between three engineering companies presently engaged in a large reconstruction development, and negotiated and drafted the agreement between the consortium and the customer;
• Advised a major Serbian telecommunications company on various legal issues arising from a major transaction effected with two international telecommunications companies – one of the largest transactions in the Serbian economy to date;
• Negotiated and structured the transfer of the use of the Serbian Royal Palaces from the State to HRH Prince Alexander II of Serbia;
• Negotiated, drafted and finalized various international distribution agreements for foreign and domestic companies;
• Negotiated, drafted and finalized international franchising agreements for foreign franchisors;
• Negotiated, drafted and closed agency agreements for foreign and domestic companies;
• Negotiated, drafted and implemented various kinds of collateral agreements (mortgages, pledges, guarantees, etc.);
• Advised on the legal set up and structuring of a large international music festival in Belgrade;
• Negotiated, drafted and closed technology agreements combined with a distribution agreements between a US multinational and a Serbian manufacturer;
• Negotiated, drafted and closed various licensing agreements (patent, trademarks, know-how, copyright);
• Carried out legal analysis for the World Bank on Serbian commercial law and company law, with proposals for various amendments being incorporated into the World Bank report on Serbian law;
• Drafted the Country Procurement Assessment Report for the World Bank;
• Provided advice to the International Financial Corporation on the legal framework for factoring and how to establish factoring companies in Serbia;
• Provided a legal opinion on the validity of a corporate guarantee issued to the value of EUR 120 million in respect of one of the largest investments made in Serbia;
• Provided advice to major international banks on the custody of securities in Serbia.

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Communications & Media Law

We have developed expertise in providing advice on Serbian legislation regarding the Communications and Media sectors. Recently we have:

• Acted for a prospective purchaser of a national Serbian TV channel;
• Provided comprehensive advice on all regulatory aspects of operating a TV channel;
• Prepared the draft TV channel management agreement;
• Lobbied the Ministry of Communication with regards to potential amendments to relevant legislation.

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Company Law, Representative Offices & Joint Ventures

We advise international and domestic clients on all aspects of setting up Serbian operations, Serbian companies, Joint Ventures and representative offices. Recently we have:

• Provided advice and representation on the incorporation of foreign subsidiary companies and provided a comprehensive legal service regarding their operations in Serbia;
• Provided advice and representation on the setting up of foreign and domestic Joint Venture companies and provided a comprehensive legal service;
• Provided advice on an asset purchase deal between US companies with ramifications on their Serbian Representative office and established a US company subsidiary;
• Represented a large Serbian holding company in a privatisation transaction through a debt for equity conversion project;
• Represented a Serbian company regarding an increase of share capital by foreign direct investment;
• Provided advice and representation on the registration of representative offices of international companies in Serbia;
• Carried out legal analysis for the World Bank on Serbian commercial and company laws, with proposals for various amendments being incorporated into the World Bank report on Serbian law;
• Provided a legal opinion to a major international franchisor on the existing franchise agreement regarding the share purchase of joint venture equity between joint venture investors.

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Employment Law

We provide advice to Serbian and international companies on all aspect of:

• workplace relations;
• contracts for employment; and
• contracts for services.

We have recently provided advice on employment law issues including unfair dismissal, termination of employment, occupational health and safety, managing redundancies and restructuring of the workplace within the scope of advising international and domestic companies on the process of acquisition of state owned companies through privatisation, the setting up representative offices in Serbia, establishing Joint Ventures and setting up subsidiary companies.

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Environmental Law

We advise prospective national and international purchasers of Serbian companies with regard to applicable environmental and planning legislation. We have previously prepared comprehensive advice on Serbian Environmental Law and Regulations on behalf of international banks considering large loans to Serbian manufacturers. We have also provided advice to local companies and associations with regard to potential environmental standards, fines, and water pollution issues.

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Insurance Law

Ninkovic Law Office has an extensive Insurance Law practice which acts for international and domestic insurers and re-insurers. We advise on insurance coverage issues, insurance policy wordings, insurance legislation and insurance company registration. We are also proactive in developing strategies for handling insurance claims and achieving an early resolution. Recently we have:

• Represented a major Serbian insurer in insurance coverage litigation regarding commercial property insurance;
• Represented and advised a major Serbian re-insurer in Arbitration proceedings on various re-insurance issues;
• Acted for and provided advice to a major Serbian insurance company in handling all their Appeals to the Supreme Court of Serbia relating to insurance coverage issues;

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Insolvency and Administration

We have recently advised a financially troubled Serbian company regarding potential insolvency and administration. Our recent experience in this area has includes:

• Advising the Serbian Government Unit for Restructuring of Public Utility Companies on legal issues pertaining to the bankruptcy of publicly-owned companies;
• All aspects of company restructuring;
• All aspects of bankruptcy, asset sales and court applications.

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Intellectual Property

contact: ip@ninkovic.rs

We assist clients in the registration, protection, enforcement and licensing of various intellectual property rights. Our recent experience includes:

• Registration and enforcement of trademarks;
• Representation regarding various trademark disputes;
• Advising on, drafting, preparing and filing of Patent applications and amendments;
• Validation of European patents and preparation and filing of national phase entry of PCT applications;
• Registration and enforcement of registered design rights;
• Assignment of IP rights.

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International Private Law

We have provided advice to a number of Embassies in Belgrade on various questions involving international private law issues. These have usually concerned circumstances involving Serbian citizens who are now resident in other countries. Our lawyers have also acted as Serbia law experts in a number of proceedings in the UK, Switzerland and Sweden regarding various disputes involving questions of international private law and conflict of laws.

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Legislative Drafting / Government Consultancy

Our lawyers have acted as consultants to the Government of Serbia as well as being on various Government Working Groups and Committees preparing draft laws. Some of our experience is listed below:

• Assisting in the preparation of the draft Law on Foreign Investments for the Government of Serbia;
• Assisting in the preparation of the draft Law on Registered Pledges on Movable Assets for the Government of Serbia;
• Preparing the draft Law on Regulation of Courts for the Government of Serbia;
• Preparing the draft Law on NGOs for the Government of Serbia;
• Assisting in the preparation of the draft Law on Financial Leasing for the Government of Serbia;
• Assisting in the preparation of the draft Company Law for the Government of Serbia;
• Assisting in the preparation of the draft Competition Law for the Government of Serbia;
• Assisting in the preparation of the draft Law on Enforcement Procedure for the Government of Serbia;
• Assisting in the preparation of the draft Law on Foreign Trade Transactions for the Government of Serbia;
• Assisting in the preparation of the draft Law on Concessions for the Government of Serbia;
• Assisting in the preparation of the draft Law on Trade for the Government of Yugoslavia;
• Preparing and drafting the Religious Freedoms Law for the Government of Serbia;
• Advising the Serbian Minister for Mining and Energy on various petroleum exploration contracts;
• Advising the Serbian Minister for Foreign Economic Relations on various legislative matters;

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Mergers & Acquisitions and Privatization

We have advised international purchasers on buying companies through the privatization process as well as through acquisitions of private companies. We have also acted for domestic sellers of companies. We have developed a close working relationship with the Privatization Agency. We have gained expertise in all aspects of complex privatization and merger and acquisition transactions including:

• Representing purchasers/sellers in negotiations
• Due diligence
• Drawing up of Strategic Investment Agreements
• Drawing up of Share Purchase Agreements
• Preparing Social Plans
• Preparing Investment and Marketing Plans
• Preparing Escrow Agreements and Performance Bonds
• Preparing all relevant company documents including Resolutions and Prospectuses
• Advising on company restructuring.

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Professional Development: Lectures and Seminars

Some of our lawyers are part-time lecturers on commercial contracts, international trade law and company law at the Faculty for Business law in Belgrade, as well as having previously lectured at the University of Belgrade. Our lawyers have participated and lectured on the following professional development programs:

• Judicial training for judges of the Supreme Court of Serbia and all Commercial Courts in Serbia on competition law and secured transactions;
• Training seminars on the law of collaterals for leading international accountancy firms and banks in Serbia and for the Serbian Chamber of Commerce;
• Providing training to bankruptcy liquidators on mortgage law issues pertaining to liquidation of bankrupt companies.

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Property and Construction Law

We have expertise in providing advice and representation to clients on various aspects of property law and the sale and purchase of property. Our experience includes the following:

• Negotiating the sale/purchase of property, drafting the coveyancing documentation and closing such deals;
• Procuring construction permits;
• Negotiating, drafting and closing construction agreements;
• Negotiating, drafting and closing various lease agreements for business use;
• Advising international investors on the purchase of government owned land for development; on the participation in the public tender process and carrying out all necessary land registry searches.

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Taxation

We are always aware of the potential tax aspects of a transaction, so we regularly advise our clients on the tax implications of structuring various deals.

Recently we have provided tax advice on international franchising agreements, international consortium relations and employment related taxation issues.

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address: Balkanska 49, 11000 Beograd, Serbia
telephone: +381 (0) 11 7617188 | facsimile: +381 (0) 11 7613832
e-mail: legal@ninkovic.rs