Montenegro Anti-Corruption Agency issues guidance on management definitions

The Council of the Agency for the Prevention of Corruption (ASK) in Montenegro has ruled that the status of management members in state-owned companies cannot be determined by job titles alone. Instead, management status must be assessed on a case-by-case basis.

The decision follows a request from ASK Director Kristina Braletić to establish a uniform stance regarding Article 13 of the Law on Prevention of Corruption. This law prohibits public officials from serving as presidents, authorized representatives, members of management or supervisory bodies, executive directors, or members of management in commercial companies.

The Council noted that the Law on Business Companies does not provide a single definition of a “manager” or specify which categories of employees constitute management. Consequently, the Council concluded that determining management status requires analyzing the actual powers, responsibilities, organizational structure, and legal position of the individual, as well as the specific company's statutes and founding acts.