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РEУNБTРRИEPКАRENEUR
Nikola Glavince
The author is a lawyer
IN SEARCH OF THE BEST WAY TO
COLLECT RECEIVABLES
The recent events and develop- law, if it does not meet the payment obliga-
ments related to the difficul- tion within the deadlines determined with
ties for collection of receivables the law, that is, within a deadline not longer
of the creditors from famous than 60 days. In accordance with the Law,
companies that have fallen into a fine in an amount of 30% of the weighted
insolvency, that is, inability to pay the ma- fine for the company and the legal entity is
tured obligations for purchased, and un- imposed for the same violation also to the
paid goods or provided services initiated responsible person in the company and the
the issue which always remains current, legal entity that is engaged in profit-mak-
and which is related to the selection of the ing activity, and which is registered in ac-
best and safest way for collection of receiv- cordance with the law, and to the respon-
ables of the business entities. sible person in the sole proprietor.
Practice and experience show that there The second way to collect the receiv-
are many ways to collect the receivables, ables is through a court, that is, through a
and the selection of the most appropriate notary public, by submitting a proposal to
one depends on the developed cooperation enact a court payment order or a proposal
and trust, the type and the scope of receiv- in a procedure for adoption of a decision
ables and the will of the creditor and the wherewith enforcement is allowed on the
debtor. basis of an authentic document. This way
usually follows after there are no positive
The first one, and it seems it is the sim- effects of the warning to the debtor. Legally
plest way, is a reminder of the existence of these possibilities for collection of receiv-
the obligation by sending a warning before ables are regulated with the Law on En-
a lawsuit or a reminder of a matured ob- forcement (the provisions of article 1, 6-a to
ligation, in writing, email or a phone call 16-h), as well as with the last amendments
from the creditor to the debtor. It is an un- of the Code on Civil Procedure that refer to
disputable fact that this way of reaction is the court payment order (article 417 to 428).
not obliging and it depends exclusively on The initiation of such type of procedure, in
the will of the creditor. In the Republic of addition to collection of the creditor’s re-
Macedonia, the ones who practice this way ceivable increased by the expenses of the
of reminding, note that in this past period, court, that is, the notary and the legal rep-
it has a great effect, probably due to the resentative (if the procedure is led by a law-
provisions of the Law on Financial Dis- yer), additionally harms the debtor.
cipline, and particularly article 17 which
provides a high fine in an amount of 10.000 After the court, that is, the notary, re-
Euros in denar countervalue which will ceives the proposal, in accordance with
be imposed for a violation to an economic article 12, paragraph 1 item 2 and 3 of the
operator from the private sector – a com- Law on Financial Discipline, it is obliged
pany, sole proprietor and a legal entity that to notify the Public Revenue Office which,
is engaged in a profit-making activity, and after the performed inspection, imposes a
which is registered in accordance with the fine or initiates a misdemeanor proceed-
64 May 2016
