On the basis of Article 42 paragraph 4 of the Law, the Government adopted the Decree on the Criteria for Choosing the Legal Form of a Capital Company, into which the public company whose founder is the Republic of Serbia will be transformed. In this sense, in order for a public company founded by the Republic of Serbia to change its legal form to a joint stock company, it is necessary that 2 out of 3 cumulative conditions be met:
- To have more than 250 employees who are in a casual relationship for an indefinite period of time;
- That the realized business income in the previous business year be over 40,000,000 euros in dinar equivalent;
- To perform technically and organizationally complex activities or activities through business units on the territory of Serbia.
Public companies that do not meet the previous conditions will be transformed into the legal form of a limited liability company. In order to determine the fulfillment of the conditions, the public company is obliged to submit an initiative with a proposed legal form to the competent ministry no later than 30 days after the entry into force of the Regulation.
Centralized ownership management is carried out in accordance with certain goals, such as preserving the national and strategic interest, preserving the market and protecting consumers, improving social development, and for the implementation of which, based on Article 12 paragraph 1 of the Law, the Government adopted the Regulation on Determining the List of Capital Companies and Minority Companies Capital. The above-mentioned Regulation specified exactly which public companies centralized ownership management applies to, and it includes public companies majority-owned by the state, as well as individual public companies in which the Republic of Serbia has a minority share in ownership, which are exhaustively listed in the lists and form an integral part of the Regulation.
Public companies are classified based on the Criteria for the Classification of Capital Companies into two categories:
- Companies of national and strategic interest – companies in which the Republic of Serbia, as a shareholder or member, achieves, in addition to national, strategic goals: security and defense, performance of activities of general interest, use of natural resources, etc.
- Companies of special interest – companies in which the Republic of Serbia, as a shareholder or member, achieves other goals of interest to the population and the economy: reduction of social inequality, social development at the national level, etc.