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In the focus entrepreneur
The legal solutions indicate that it is forced execution in an execution proceeding through
most favorable both for the debtor the authority competent for execution of the monetary
and for the creditor to timely pay the assets of the transaction accounts in any bank of the
obligations because in an event of business associate, that is, of the solidary debtor or
initiation of any procedure, there is their movable or immovable property. With this agree-
always a danger of an imposed fine for a ment, the business associate and the solidary debtor
committed violation by the Public Revenue also state that they agree for the notary, on the basis of
Office, which is usually an amount higher a request of the creditor, to confirm the enforceability
of the agreement on the basis of a unilateral statement
than the amount of the main debt of the creditor that his claim against the business as-
sociate has arrived. If these data do not match with the
ing. The only option that is available to the debtor is to ones of the debtor, the only option he has is to submit
file a complaint and resolve the subject matter in court, an objection against the execution. And in this case, in
or to pay the receivable. After the effectiveness and the accordance with article 12, paragraph 1, item 3 of the
enforceability of the decision, is the debtor voluntarily Law on Financial Discipline, the executor is obliged to
does not pay the receivable, the interest and the costs, inform the Public Revenue Office about a received re-
forced collection will be performed by submission of quest for execution, on the basis of an execution notary
a request for enforcement to an executor. This way of document.
collection of receivables is usually a practice for the
collection of receivables from legal entities to natural This type of agreements are usually concluded for
persons which did not meet their obligation within the long-term cooperation that refers to sale of specific
stipulated deadline, as well as for receivables between products and services that are continuously being sold
legal entities, after the maturity of the obligations, if within a longer period of time, thereby the creditor ev-
the business entities do not agree differently. ery month should make calculations and deliver data
about the conducted operations for the accounting
The third way of collection of the receivable is the month or for one-off sale with a higher value.
fastest and the interest of the creditor dominates. This
is through a conclusion of an agreement on business It is necessary to point out that the creditor, in the
cooperation which is solemnized at a notary and usu- selection of the most favorable and safest solution, on
ally, in addition to the debtor, it is also concluded with one hand should consider the interest of the business
a solidary debtor (natural person – founder or manager cooperation, its durability, fairness and tolerance, and
of the debtor) who is obliged to meet what is agreed on the other hand, the need of certainty of payment of
and to pay the debt if the receivables cannot be col- their claim. The existence of strict binding agreements
lected from the debtor for any reason or if the debtor on one hand creates suspicion for the perspectives of
falls into delay. In these agreements, usually it is in- the cooperation and the trust between the business
dicated that the business associate and the solidary entities, and on the other hand, the lost time without
debtor explicitly agree for the solemnized agreement a reaction to the late payment may cause serious long-
to have the power of an executive document. With term consequences and difficult or even impossible
such a clause, the creditor gets an opportunity directly collection of receivables.
on the basis of the agreement, for the purpose of real-
ization of the collection of his monetary receivables, The legal solutions indicate that it is most favorable
and after the maturity of any obligation of the business both for the debtor and for the creditor to timely pay
associate which arises from the agreement, to conduct the obligations because in an event of initiation of any
procedure, there is always a danger of an imposed fine
for a committed violation by the Public Revenue Office,
which is usually an amount higher than the amount of
the main debt.
The cases when the debtors expressly go into debts
and are not able to service them, are the most difficult
for collection. Practice shows that in such case, the al-
ready registered lien creditors of the debtor’s property
have a priority in the collection. Still, the quick losses
and great debts can also depend on the way of man-
agement of the company, for which there are several
other legal opportunities that sanction the negligent
and illegal operations by the responsible people.
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