RULES OF PROCEDURE OF THE ASSEMBLY OF THE JOINT STOCK COMPANY IN THE DOMESTIC AND EUROPEAN LEGAL FRAMEWORK

Vesić Dobrica (Виши научни сарадник, Институт за међународну политику и привреду, Београд),
Živković Dragan

By harmonizing domestic legislation with the law of the European Union, the conditions that will enable domestic companies to be competitive and equal in the European market are created. The harmonization of domestic commercial law with the law of the European Union is related by the Negotiation Chapter 9 which the Republic of Serbia should fulfill in the process of accession to the European Union. In the area of the legal framework that relates to the operations of companies, harmonization is required regarding the internal procedural rules of the company\'s shareholders assembly. These rules are covered by the Rules of Procedure of the General Meeting of Shareholders. This internal legal act does not have the status of a founding act but, however, it has to be in compliance with it. This is the consequence of a legal hierarchy that exists under the Law of companies. The authors devote special attention to the analysis of the relevant legal rules that refer to the Rules of Procedure of the Shareholders Assembly, and in this regard they conclude it would be necessary to further harmonize these rules with the solutions existing in the ЕU law, which correspond more to the commercial nature of this form of economic association.

Keywords: Company Act, Rules of procedure, European Union, assembly, additional payment, members, stock company