Country _ Name
Serbia
SectionTitle
Asset and portfolio management
Body
FinTechs belonging to this category offer asset and portfolio management services via an internet platform or software programs and usually manage and dispose of the assets of their customers long or short term according to their specifications without actually holding the property or the possession of those assets. FinTechs, which provide information about and access to overnight or time deposit accounts at national and foreign banks and which execute the transactions to these accounts, also belong to this category. Some FinTechs however only act on request of the customer.

Aside from that some FinTechs offer software or internet solutions enabling users to manage and plan their personal finances on their own by providing graphics, overviews and compilations of their financial data and sometimes indicating financial risks or opportunities, but without actually managing the assets.

Introduction

Attitude of the country towards modern asset and portfolio management services

The laws of Republic of Serbia regulate portfolio management, whereas the asset management is not explicitly the subject of regulation but may be seen to fall under the definition of the investment advice. The Securities Commission ('SEC') is the relevant regulator for this aspect of business.

In case these services are provided in Serbia from abroad, besides licensing issues, the services providers must also be aware of the strict forex legal framework which regulates in detail payments to/from abroad.

Provision of modern asset and portfolio management services is still underdeveloped. However, it seems that there is a growing interest for such services on the market.


Legal affairs

Obligations and requirements to provide asset and portfolio management, or ancillary services described above

The currently applicable law is the Capital Markets Law ('CM Law') which is to a large extent aligned with MiFID II. A major part of the new law is applicable from 6 January 2023, while certain parts are delayed until accession to EU (no definite timing). Secondary regulations for implementation of the CM Law were also enacted, as well as acts of CrHOV (Local CSD) and Belgrade Stock Exchange.

Another important part of the Serbian legal framework are the official opinions of the Serbian Securities Commission. These opinions have an important role when interpreting the provisions of the CM Law in certain specific situations.

The CM Law recognizes portfolio management as an investment service. Portfolio management is defined as managing portfolios in accordance with mandates given by clients on a discretionary client-by-client basis where such portfolios include one or more financial instruments. Provision of asset management is not explicitly regulated but it may fall under the definition of the investment advice under the CM Law, which is defined as an investment service of providing a personal recommendation to the client, either at the client's request or at the initiative of the investment firm in respect of one or more transactions in financial instruments.

Investment services in Serbia can be provided by the investment companies or credit institutions licensed by the SEC for the activities of investment company. CM Law does not regulate currently in adequate manner cross-border providing of regulated services and there is no cross-border passporting, which is closer regulated only for the period after Serbia accedes to EU.CM Law explicitly provides that the provision of investment services and activities or ancillary services by foreign investment firms without an authorization of the SEC, is allowed only through intermediation of investment firms holding the authorization of the SEC.

The documents necessary for obtaining the license are listed in the CM Law and relevant SEC decisions/by-laws and include for example a business plan, information about qualifications of the management of the investment company, proof of fulfilment of staff and technical requirements, organizational structure, capital requirements proof, etc.

In order to become licensed, the investment company should fulfil certain conditions, such as to obtain license issued by the Securities' Commission ('SEC') and satisfy minimum capital requirements, which is EUR 125,000 in case of provision of the portfolio management services.

Additional comments regarding the legal situation for asset and portfolio management services or what FinTech’s must be aware of in this business area

N/A


Economic conditions

Market size for asset and portfolio management services and biggest companies in this business area

At the moment, asset management is not present in Serbia whereas portfolio management is provided by investment companies with licensed portfolio managers. Currently, only six (6) investment companies are providing portfolio management services. There is no information about the number of customers in this segment.

Additional comments regarding the economic situation for asset and portfolio management services or what FinTech’s must be aware of in this business area

N/A



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