This article provides detailed information on the legal framework governing the misuse of corporate assets in North Macedonia, focusing on criminal liability as defined under the country’s current law for 2025. This overview is tailored for professionals and business owners evaluating compliance risks within the North Macedonian jurisdiction.
Legal Definition and Scope
In North Macedonia, misuse of corporate assets is specifically addressed by the country’s Criminal Code. The legislative texts relevant to this issue are Article 239 and Article 353 of the Criminal Code of the Republic of North Macedonia (Кривичен законик на Република Северна Македонија). The inclusion of these provisions reflects the country’s clear stance in criminalizing improper use of assets that belong to a corporation or business entity.
Criminal Liability Policies in 2025
As of 2025, criminal liability exists for the misuse of corporate assets, meaning that individuals found guilty of such acts may face criminal prosecution, penalties, and sanctions under the current legal framework. The relevant details are presented below:
| Policy Area | Applicable in North Macedonia (2025) | Legal Reference |
|---|---|---|
| Criminal Liability for Misuse of Corporate Assets | Yes | Article 239 & Article 353, Criminal Code of the Republic of North Macedonia |
Main Legal Provisions
Under the referenced articles, the misuse of corporate assets typically includes unauthorized or improper use of company property or resources for personal gain or to the detriment of the corporation. Legal action can be taken against company executives, administrators, or any individual in a position of trust who intentionally violates their fiduciary duties relating to the management or safeguarding of corporate property.
Key Points from Articles 239 & 353
- Article 239: Generally addresses the embezzlement and unauthorized disposal of assets belonging to another entity—specifically targeting breaches by officials or individuals in fiduciary roles.
- Article 353: Targets abuses of official position and authority, broadening the scope to include other types of mismanagement or deliberate misuse of corporate resources.
The presence of these articles reflects North Macedonia’s intention to align its corporate governance standards with international anti-fraud and anti-corruption norms.
Enforcement and Practical Implications
In practice, the application of these legal provisions obliges companies and their executives to regularly review internal controls, maintain proper asset tracking systems, and prepare for compulsory reporting in case of asset misappropriation. The existence of clear criminal liability serves not only as a deterrence but as a foundation for legal recourse when misuse is detected.
Summary Table: Legal Framework in North Macedonia (2025)
| Aspect | Status in North Macedonia |
|---|---|
| Criminal Liability Applied | Yes |
| Main Legal Reference | Article 239 & Article 353, Criminal Code |
Pro Tips for Compliance
- Ensure all asset management policies are documented, regularly updated, and communicated to all relevant personnel.
- Implement robust internal audit procedures to detect and prevent unauthorized use of company property or inaccuracies in asset reporting.
- Provide comprehensive training to board members and executives on their fiduciary duties and the specific legal risks associated with asset misuse.
- Keep thorough documentation of all asset transactions, with clear records to support compliance in case of inspections or investigations by authorities.
Further Information
For full legislative texts and ongoing updates, consult the official website of the Government of the Republic of North Macedonia.
The most important takeaways about misuse of corporate assets in North Macedonia are the unequivocal stance on criminal liability, the direct legal basis in Articles 239 and 353 of the national Criminal Code, and the expectation that organizations create effective safeguards and documentation protocols. This structured legal framework creates a clear compliance requirement for all company officers and those entrusted with corporate property in 2025.