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Doing Business in 2005 -- Removing Obstacles to Growth

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42 DOING BUSINESS IN 2005<br />

The rationale for such arrangements is that borrowers<br />

need protection. The irony is that they hurt the very<br />

people they are meant to protect. Insiders can always get<br />

loans. But high-risk borrowers—most start-ups, small<br />

firms, poor people—will not get a loan at a capped interest<br />

rate. Nor if they cannot offer their main business<br />

assets as collateral. They will be refused credit.<br />

Borrower protections often backfire. Introduce<br />

strong ones and there will be no borrowers to protect.<br />

Take the Maldives. After a few years of successful development<br />

of mortgage lending, politicians thought it<br />

would be a popular reform to prohibit creditors from<br />

seizing the primary residence in case of default. Within<br />

months the mortgage market dried up. (In April 2004<br />

the law was amended to address some of its weaknesses).<br />

Bankruptcy receives a lot of attention in reform<br />

proposals for improving access to credit. Yet bankers<br />

and corporate lawyers estimate that more than threequarters<br />

of collateral enforcement takes place outside of<br />

bankruptcy. In poor countries, more than 90%. This<br />

may decrease if bankruptcy were more efficient. But<br />

even in countries with the most efficient insolvency, the<br />

majority of creditors enforce outside of bankruptcy.<br />

Credit markets work best with an effective assessment of<br />

the borrower’s credit history, an ability to use a wide<br />

range of assets as collateral cheaply, and enforcement of<br />

collateral out of court. This is where Albania, India and<br />

Latvia have focused their reform efforts.<br />

Who is increasing access to credit?<br />

Sharing credit information<br />

Twenty-five years ago, only a third of countries had either<br />

a private bureau, a public registry or both. Today 80% do.<br />

The growth in poor and middle income countries has<br />

been dramatic, with 37 new public registries and 23 private<br />

bureaus, mainly in Latin America, East Asia and<br />

Central and Eastern Europe. But poorer countries still lag<br />

well behind rich ones, especially in information sharing<br />

through private bureaus (figure 6.2, table 6.1).<br />

Credit registries are useful to lenders only if they<br />

distribute a broad range of high quality and easily accessible<br />

data. Fourteen countries have credit information<br />

systems with:<br />

• Both positive information, meaning loans outstanding,<br />

assets, payment behavior on accounts in good<br />

standing—as well as negative information, meaning<br />

defaults and arrears.<br />

• Data on both firms and individuals.<br />

• Data from retailers, or utilities as well as financial<br />

institutions.<br />

• Five or more years of historical data preserved.<br />

• Data on all loans above 1% of income per capita.<br />

• Legal guarantees for the consumer’s right to inspect<br />

their data.<br />

These are Argentina, Belgium, Brazil, Chile, Germany,<br />

Italy, Japan, Malaysia, Mexico, Paraguay, Peru, Spain, the<br />

United Kingdom and the United States.<br />

But in many other countries, credit information is<br />

limited—21 have at most 2 of these features including<br />

Ghana, Morocco, the Philippines, Serbia and Montenegro,<br />

Sri Lanka and Yemen. And 25 countries have no<br />

FIGURE 6.2<br />

Scant private information sharing in poor countries<br />

Presence and coverage of credit information registries<br />

90<br />

Presence<br />

(percentage of countries)<br />

60<br />

60<br />

57<br />

33<br />

Source: Doing <strong>Business</strong> database.<br />

Private bureau<br />

21 Poor 47<br />

Middle<br />

income<br />

Rich<br />

Public registry<br />

Poor 14<br />

Middle<br />

income<br />

65<br />

Rich 68<br />

Coverage<br />

(borrowers per 1,000 adults)<br />

information sharing including Albania, Ethiopia, Jamaica,<br />

the Kyrgyz Republic, Malawi, Papua New Guinea,<br />

Russia and Syrian.<br />

Reforms of registries focused on 5 areas:<br />

• Providing data online. The bureaus in Bosnia and<br />

Herzegovina and Spain—as well as the Brazilian, Belgian,<br />

Mozambican, Pakistani and Portuguese public registries—launched<br />

online systems. Creditors can now obtain<br />

information instantly. In most countries it used to<br />

take more than a week. Bangladesh and Bulgaria plan to<br />

launch online access in late 2004.<br />

• Sharing positive information. The public registries in<br />

Belgium, Brazil and Turkey began sharing more positive<br />

information. Backed by new laws, the Greek and Hong<br />

Kong (China) private bureaus did the same. In Greece<br />

the number of consultations to the bureau grew by more<br />

223<br />

499

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