In theory and in practice, clusters, as specific form of economic entities association, differ significantly. Theoretically defined, a cluster is often hard to recognize in practice, especially in transitional and less developed countries. There are many dilemmas in scientific and professional public about the legal form of clusters. The most frequent perplexities are regarding clusters’ legal aspects issues (is it necessary or obligatorily for cluster to be registered or not?), legal forms in which it can function, internal clusters organization (authorities, rights andobligations of members, etc.).
A cluster in a real and essential comprehension of this concept can exist only as a formal legal registered legal entity, but also can function if it is not legally registered, does not have managing bodies, or clearly defined organizational network/structure of functioning. Generally, formal-legal association into a cluster (registration of a cluster as a legal entity) is a phenomenon of a bureaucratic-administrative character and is mostly connected to use of donor and/or budgetary resources for work and investments of cluster, when is necessary for the cluster to be legally registered and to have a professional management. Otherwise, a need of the legal registration members of a cluster do not recognize and it does not represent a precondition for cluster members to be networked after cluster principle.
What is important to emphasize is that, for developed clusters in the world, clusters which must not be legally registered, are available organizations for support to small and medium enterprises sector (so called, BSO-Business Support Organizations and BSP-Business Service Providers), as legal entities in public private sector, which help enterprises in cluster and the cluster in whole to build and increase their competitiveness on the national and international market. There can be concluded that each cluster follows its own path of creation and development, i.e. its history, requires less or more organized form, can have formal or informal character and ad hoc or long-term character.
Autors: Vesna Paraušić, B. Mihailović