13.07.2015 Views

Download the file - United Nations Rule of Law

Download the file - United Nations Rule of Law

Download the file - United Nations Rule of Law

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Expansion1. Distribute both positive and negative credit informationin <strong>the</strong> registry sharing credit information:There is a need to put more emphasis on positiveinformation like outstanding loans, assets, landpayment behaviour on accounts in good standing.The public registries in Belgium, Brazil, andTurkey began sharing more positive information.Backed by new laws, <strong>the</strong> Greek and Hong Kongprivate bureaus did <strong>the</strong> same. In Greece, <strong>the</strong>number <strong>of</strong> bureau consultations grew by morethan 50 percent and several new products forlenders were launched. In addition, negativeinformation like defaults and arrears should alsobe displayed.2. Improve data quality (reforms on registries):Bangladesh: <strong>the</strong> public registry raised <strong>the</strong> penaltyfor banks that withhold data from 2,000 takasto 500,000 takas and <strong>the</strong> penalty for disclosingcredit information to unauthorised parties from2,000 takas to 100,000 takas. As a result, <strong>the</strong>share <strong>of</strong> banks submitting data on time jumpedfrom 25 percent to 95 percent.Mozambique: quality shot up after new regulationsallowed <strong>the</strong> registry to fine banks forproviding incomplete information. More than adozen countries are improving data protectionlaws, which include incentives and safeguards forquality.3. Make credit registry electronic:Pakistan: an online system has been implementedto improve credit registries. Providingonline access is associated with more credit. Inaddition, this system might help spur commercialbanks to adopt credit-scoring technology, whichboth speeds up <strong>the</strong> lending process and reducesopportunities for gender bias. Creditors can nowobtain information instantly.4. Introduce universal security for debtors andcreditors:Slovakia permitted debtors to use all movable assetsas collateral — present and future, tangibleand intangible, and abolished <strong>the</strong> requirementsfor specific description <strong>of</strong> assets and debts. Since<strong>the</strong>n, movables and receivables secure more than70 percent <strong>of</strong> all new business credit.5. Permit out <strong>of</strong> court collateral enforcement:Spain: introduced out <strong>of</strong> court enforcementthrough notaries execution, allowing debtors andcreditors to agree on enforcement methods. Timeto enforce was cut from more than one year tothree months.Slovakia: <strong>the</strong> gains from reforms were even larger.It took 560 days to enforce a mortgage through<strong>the</strong> old system. Now it is possible to enforce it in45 days.India: state-owned banks which account for 90percent <strong>of</strong> lending, were permitted to enforcesettlement out <strong>of</strong> court. On default <strong>the</strong> bank mustnotify <strong>the</strong> debtor. After a 60-day grace period<strong>the</strong> bank can seize <strong>the</strong> assets directly and sell bypublic auction. Creditors can expect to enforcewithin nine months.Ukraine also expanded <strong>the</strong> scope <strong>of</strong> assets thatcan be used as collateral, and gave secured creditorsfirst priority to <strong>the</strong>ir collateral and its proceeds.In addition, it gave creditors <strong>the</strong> ability toenforce collateral privately, bypassing <strong>the</strong> lengthycourt procedures required before.Croatia cut several months from enforcement bymaking it harder for debtors to delay <strong>the</strong> enforcementprocess. Movable collateral can now beseized and sold not just by <strong>the</strong> courts but also byauthorised private firms.Poland changed its bankruptcy laws in 2003.Previously, employees and taxes were paid before<strong>the</strong> secured creditors upon liquidation. Now, se-249

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!