Evidences Submitted by Local Legal Entities/Entrepreneurs

LIST OF EVIDENCES ACCOMPANYING

LICENCE APPLICATION

EVIDENCES SUBMITTED BY LOCAL LEGAL ENTITIES/ENTREPRENEURS

Along with the licence application, a local legal entity, i.e. entrepreneur shall submit the following evidences on compliance with the prescribed requirements:

Excerpt on the registration of the company (issued by the Serbian Business Registers Agency, hereafter: APR (Agencija za privredne registre)), not older than six months as of day of its issuance till the day of licence application, founding act and the statute, if any, while an energy entity which performs an energy activity of general interest as an assigned activity or via concession also submits a document on the assignment of this activity, i.e. a concession contract;

Evidences on compliance with financial requirements for carrying out energy activities, i.e.:

A document issued by a competent body on the settlement of tax liabilities,
Business program or a business plan for the year when the licence application is submitted.

Apart from the given evidences, depending on the business period, the following evidences are also submitted:

a)If a local legal entity or entrepreneur has been running business for two years or longer:

Confirmation from commercial banks on actual turnover and average daily balance of funds on all checking accounts of the applicant for the previous two years which cannot be older than six months as of day of its issuance till the day of license application,
Standardised solvency (бонитет) reports: БОН 1 – Complete report on solvency evaluation indicators, БОН 2 – Report on financial standing and business success issued by APR, not older than six months as of day of its issuance till the day of license application,
Balance sheet and profit and loss account for the previous two years.

b)If a legal entity has been running business for less than two years:

Confirmation of commercial banks on actual turnover and average daily balance of funds on all checking accounts of the applicant from the day when the checking account was opened until the day when the application was submitted which cannot be older than six months as of day of its issuance till the day of license application,
Balance sheet and profit and loss account for the previous year, or initial balance sheet, if the energy entity has just commenced its business,
Confirmation of the commercial bank or of a parent company that the applicant can be provided with the necessary funds or other securities with respect to the scope of the planned activity.

Confirmation issued by the competent authority that a director, i.e. members of the management bodies have not been convicted for criminal acts related to the performance of a business activity which cannot be older than six months as of day of its issuance till the day of license application (for Serbian citizens, the confirmation is issued by the MUP (Ministarstvo unutrasnjih poslova - Ministry of Interior Affairs));

Confirmation of the competent court confirming that the applicant has not been prohibited from conducting the activity, i.e. that the legal consequences of the pronounced measure were terminated. The confirmation cannot beolder than six months as of day of its issuance till the day of license application and it includes:

Confirmation from the Economic Court competent for the area to which the seat of the applicant belongs to that no prohibitive measure has been imposed on business in line with the Law on Economic Offences,
Confirmation from the basic court competent for the area to which the seat of the applicant belongs to that no prohibitive measure has been imposed on business in line with the Law on Criminal Liabilities of Legal Entities
Confirmation from the offences court that no prohibitive measure has been imposed on business in line with the Law on Offences

Confirmation of the Economic Court depending on the seat of the applicant that no bankruptcy procedure has been initiated against the applicant;

Confirmation of APR that no liquidation procedure has been initiated against the applicant;

Proof of payment of republic administrative fee.

Along with the licence application, when energy facilities are used in order to carry out an energy activity for which separate PO forms are submitted, apart from evidences referred to in items 1-7, local legal entity, i.e. entrepreneur also submits the following evidences:

A competent inspector's report with regard to skilled personnel for the certain energy activities (this requirement is prescribed for energy activities referred to in items 1,2,3,4,5,8,9,10 from Form OO1) which cannot be older than six months as of day of its issuance till the day of license application;

A competent inspector’s report with regard to compliance with conditions and requirements that must be met by energy facilities, plants, devices and installations necessary to perform an energy activity. The report cannot be older than six months as of day of its issuance till the day of license application. The requirements are as regards:

a)Technical regulations

b)Energy efficiency regulations

c)Regulations on fire and explosion protection

d)Environmental regulations.

A competent inspector’s report on compliance with special technical conditions as regards the trade in goods and services – only for some of activities (the activities referred to in items 17,18,19,20 and 21). The report cannot be older than six months as of day of its issuance till the day of license application;

The certificate of occupancy for the energy entity which is used for carrying out energy activity or a decision issued by the competent authority indicating that no certificate of occupancy is required. For petrol stations which were constructed until 2009, a certificate on legalization application is needed;

An evidence on legal basis for the use of energy entity where the energy activity is carried out;

An applicant’s statement, verified by a competent body confirming that the owner or an accountable person from the entity neither had ownership share in the energy facility where energy activity was performed by an energy entity with permanently revoked licence nor worked in an energy facility with permanently revoked licence – the same applies to spouses, children and direct cousins independently from the kinship degree and to collateral relatives including the second degree of kinship, i.e. the accountable person or the person who is or was employed in an energy entity with permanently revoked licence.

EVIDENCES SUBMITTED BY FOREIGN LEGAL ENTITIES

Along with the wholesale electricity licence application, a foreign legal entity shall submit the following evidences on compliance with the prescribed requirements:

Excerpt on the registration issued by the competent body, on the inscription in the relevant register;

Evidences on compliance with financial requirements for carrying out energy activities, i.e.:

A document issued by a competent body on the settlement of tax liabilities,
A business plan for the year when the licence application is submitted.

Apart from the evidences referred to in item 1 and 2:

a)An applicant which has been running business for two years or longer submits:

Confirmation from commercial banks on actual turnover and average daily balance of funds on all checking accounts of the applicant for the previous two years,
Balance sheet and profit and loss account for the previous two years.

b)An applicant which has been running business for less than two years:

Confirmation of commercial banks on actual turnover and average daily balance of funds on all checking accounts of the applicant from the day when the checking account was opened until the day when the application was submitted,
Balance sheet and profit and loss account for the previous year, or initial balance sheet, if the energy entity has just commenced its business,
Confirmation of the commercial bank or of a parent company that the applicant can be provided with the necessary funds or other securities with respect to the scope of the planned activity.

Confirmation issued by the competent authority that a director, i.e. members of the management bodies have not been convicted for criminal acts related to the performance of a business activity;

Confirmation of the competent authority confirming that the applicant has not been prohibited from conducting the activity, i.e. that the legal consequences of the pronounced measure were terminated;

Confirmation of the competent authority depending on the seat of the applicant that no bankruptcy or liquidation procedure has been initiated against the applicant;

Licence for electricity supply from another state, i.e. a decision of a competent authority confirming that the entity is an electricity market participant or power exchange participant in the European Union or in the countries signatories of the Treaty establishing the Energy Community;

Proof of payment of republic administrative fee.

The evidences are submitted in original or verified copy and cannot be older than six months from the date of issuance until the date of licence application.

The evidences which are not furnished in the Serbian Language are submitted along with the translation made by the sworn translator.

The evidences which represent foreign public documents have to be legalized in line with the ruling regulations of the Republic of Serbia.