Differences Between Establishing a Company and a Sole Proprietor

Differences Between Establishing a Company and a Sole Proprietor

The Law Office Marović provides legal assistance in connection with the establishment of companies and sole proprietorships, relying on more than three decades of experience in commercial and corporate law. Our team advises clients on the choice of the optimal form of business, prepares all required documentation, and represents them before the Serbian Business Registers Agency (SBRA).

Establishing a Company

A company (privredno društvo) is the most common form of business organization for larger business undertakings and is established through registration with the SBRA. Different legal forms exist (limited liability company – LLC/DOO, joint-stock company – JSC/AD, general partnership – GP/OD, limited partnership – LP/KD), but in practice, the LLC (DOO) is the most frequently chosen.

Main characteristics of a limited liability company (DOO):

  • The founder may be one or more natural and/or legal persons, domestic or foreign.
  • A founding act must be adopted and signed by the founders.
  • The company acquires legal personality and is liable only with its assets. Members are not personally liable, but only up to the amount of their contribution. Exceptionally, a member of an LLC who abuses the principle of limited liability may be held personally liable (piercing the corporate veil). Serbian courts apply this exception very restrictively. Abuse exists if the member:
    1. uses the company to achieve a purpose that is otherwise prohibited by law;
    2. disposes of or uses the company’s assets as if they were personal property;
    3. uses the company or its assets to prejudice the rights of creditors;
    4. reduces the company’s assets for personal or third-party benefit knowing, or being obliged to know, that the company would be unable to meet its obligations.

Company registration with the SBRA is usually completed within three to five business days, provided that complete documentation is submitted. It is important to note that, as of 17 May 2023, company incorporation applications must be submitted exclusively in electronic form.

Establishing a Sole Proprietor (Entrepreneur)

A sole proprietor is a natural person registered to perform a specific business activity. Registration is also carried out with the SBRA, and the procedure is slightly simpler than company incorporation.

Main characteristics of a sole proprietor:

  • The founder is a single natural person who personally carries out the business activity.
  • No initial capital is required.
  • Registration is usually completed within two to three business days.
  • The proprietor is personally liable with all of their assets.

This form is suitable for artisans, freelancers, consultants, or small family businesses.

Key Differences Between an LLC and a Sole Proprietor

  • Liability: An LLC is liable only with its assets (subject to exceptions in case of abuse), while a sole proprietor is liable with their entire personal property.
  • Capital: An LLC requires a minimum capital contribution, while a sole proprietor does not.
  • Duration of procedure and costs: Registering a sole proprietor is faster and less expensive, while an LLC requires more formalities.
  • Profit distribution: In an LLC, profits are distributed among members in proportion to their shares, although disproportionate distribution may also be agreed upon. For a sole proprietor, all income belongs exclusively to the owner.

When to Engage a Lawyer?

  • When uncertain whether an LLC or sole proprietorship is the more suitable form.
  • When drafting the founding act, articles of association, or statute.
  • If you intend to contribute real estate or other valuable assets as capital.
  • When you seek certainty regarding liability and tax treatment.
  • If you plan to do business with foreign partners or establish a company as a foreign national.

Frequently Asked Questions (FAQ)

How long does it take to establish an LLC?

On average, three to five business days from the submission of complete documentation.

How long does sole proprietor registration take?

Usually two to three business days.

Can a foreign national establish an LLC or sole proprietorship in Serbia?

Yes, both foreign natural and legal persons may establish an LLC or sole proprietorship, subject to submission of notarized and translated documentation and obtaining residence and work permits in the Republic of Serbia.

Can a sole proprietor hire employees?

Yes. A sole proprietor may establish employment relationships and register employees for mandatory social security.

Can a sole proprietor transform into an LLC?

Yes, the law prescribes a procedure for transformation into an LLC.

What happens with debts of a sole proprietor?

The proprietor remains personally liable with all assets, even after the business has ceased.

What is the liability of LLC members?

Members bear the risk only up to the value of their contributions. They are not personally liable with their own property, except in cases of piercing the corporate veil.

Is valuation required for assets contributed as capital?

Yes, if real estate or another right is contributed, a valuation by a certified court expert is required, except in special cases prescribed by law.

How much does it cost to establish a business in Serbia?

Costs depend on SBRA fees, as well as notarial authentication and accounting fees. For up-to-date amounts, it is recommended to consult the SBRA and a public notary.

Can a company be established online without visiting the SBRA?

Yes, through eRegistration using a qualified electronic signature.

Does a sole proprietor need business premises?

No, the registered office may be the proprietor’s residence, except where special conditions are prescribed (e.g., hospitality sector).

Can an LLC have one member and one director?

Yes, an LLC may be established by a single member, who can also serve as its director.

What does the minimum founding capital of RSD 100 mean?

It is the statutory minimum required to establish an LLC. In practice, however, the company must have sufficient assets to operate and cover expenses.

Can a sole proprietor open more than one business?

No, one individual may register only a single sole proprietorship.

Is it easier to close a sole proprietorship or an LLC?

Closing a sole proprietorship is simpler and faster, requiring only submission of a request to the SBRA. The liquidation of an LLC is more complex, lasting several months and involving statutory publications, a liquidation process, and settlement of creditors. An LLC may also cease through bankruptcy in legally prescribed circumstances.

What happens with taxes and obligations when a business is closed?

All due taxes and liabilities must be settled prior to cessation. In an LLC, the company is liable with its assets, while in a sole proprietorship, the owner remains personally liable even after deregistration.

Relevant Institutions and Legislation

If you are considering starting a business and are uncertain between forming a company or registering as a sole proprietor, it is important to fully assess the differences in terms of liability, capital, and tax treatment. The Law Office Marović will help you make the right decision and carry out the entire process swiftly and securely.

Note: The content of this text is for informational purposes only and does not constitute legal advice. While we strive to ensure that all information is accurate and up to date, each situation has its own specific circumstances and requires individual legal assessment. For precise and reliable advice regarding your particular case, it is recommended that you consult a lawyer.

Last updated: October 17, 2025.

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Advokat Željko Marović
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advzmarovic@law-marovic.com
·   Pon – Pet 09:00-17:00

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Advokat Marko Marović
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+381(0)11/2440691
+381(0)62/577642
marko.marovic@law-marovic.com
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