The new Privatisation Act (Zakon o privatizaciji, “Official Gazette of RS” no. 83/2014), adopted in August 2014, introduced ‘strategic partnership’ as one of the privatization methods. ‘Strategic partnership’ can take the form of a corporate joint venture between the state and an investor or the form of acquisition of shares by strategic investor in exchange for fresh contributions or debt to equity swap.
Both forms of ‘strategic partnership’ are now further regulated by the Decree on Strategic Partnership (Uredba o strateškom partnerstvu, “Official Gazette of RS” no. 129/2014) (“Decree”). The exact form of ‘strategic partnership’, the qualification criteria and the main elements of a future contract, including post-closing obligations and remedies in case of non-compliance) are determined by the Government. Read more