This is to remind all business entities registered with the Register of Bidders kept by the Serbian Business Registers Agency (SBRA), which have registered the change of their legal representative in the status register (i.e. the SBRA’s Register of Business Entities), that they are obliged to register this change also in the Register of Bidders.
This obligation is prescribed by Article 128, paragraph 7, item 4 of the Public Procurement Law, while Article 10, paragraph 1 of The Law on the Registration Procedure with the Serbian Business Registers Agency stipulates that the applicant is obliged to submit to the Agency a registration application for a change in the bidder's data within 15 days from the date of the change or document subject to registration.
In accordance with the provision of Article 111 of the Public Procurement Law, as well as the Rulebook on the Content of the Register of Bidders and the Documentation Accompanying the Registration Application, a certificate from the criminal records for the authorized representative shall be submitted along with the application for the change of the bidder’s legal representative.
The Registrar of the Register of Bidders is entitled to obtain, ex officio, the documentation, which proves the lack of grounds for exclusion from the public procurement procedure, and in particular the information on whether the new legal representative of the company has a criminal record or not. If the new legal representative has never been covicted of any offence, it is sufficient to submit to the Register of Bidders a duly completed registration application for changes in the data on the legal representative and proof of payment of the fee; if the new legal representative has been convicted of an offence, he/she must personally contact the Ministry of Interior of the Republic of Serbia in order to obtain a report from the criminal records, in accordance with the provision of Article 102, paragraph 5 of the Criminal Code.
In the event that no data on the bidder’s legal representative is contained in the Register, the Registrar will, ex officio, delete this legal entity from the Register of Bidders, due to non-fulfillment of mandatory conditions for entry in the Register of Bidders.