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Business Removing

Doing Business in 2005 -- Removing Obstacles to Growth

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DATA NOTES 83<br />

Assumptions about the property<br />

To make the property comparable across countries, ten assumptions<br />

are employed. The property:<br />

• Has a value of 50 times income per capita.<br />

• Is currently fully-owned by another domestic limited liability<br />

company.<br />

• Has no mortgages attached and has been under the same<br />

ownership for the past 10 years.<br />

• Is adequately measured and filed in the cadastre, registered<br />

in the land register and free of title disputes.<br />

• Is located in a peri-urban commercial zone and no rezoning<br />

is required.<br />

• Consists of land and a building. The land area is 6,000<br />

square feet (557.4 square meters). A warehouse of 10,000<br />

square feet (929 square meters) is located on the land. The<br />

warehouse is 10 years old, in good condition and was constructed<br />

following all safety standards, building codes and<br />

other legal requirements.<br />

• Will not be subject to renovations or additional building<br />

following the purchase;<br />

• Has no trees, natural water sources, natural reserves or<br />

historical monuments of any kind;<br />

• Will not be used for special purposes and no special permits<br />

for residential use, industrial plants, waste storage,<br />

certain types of agricultural activities, etc. are required;<br />

• Has no occupants (legal or illegal) and no other party<br />

holds a legal interest in it. The purchasing company will<br />

take vacant possession of the property.<br />

Procedures measure<br />

A procedure is defined as any interaction of the buying or<br />

selling company, their agents (if the agent is required by law)<br />

or the property itself with external parties, including government<br />

agencies, inspectors, notaries, lawyers, etc. Interactions<br />

between company officers and employees are not considered.<br />

All procedures that are legally required for registering property<br />

are recorded, even if they may be avoided in exceptional<br />

cases. It is assumed that the purchasing company follows the<br />

fastest legal option available. Although the business may use<br />

lawyers or other professionals where necessary in the registration<br />

process, it is assumed that it does not employ an outside<br />

facilitator in the registration unless required to by law.<br />

Cost measure<br />

Only official costs are recorded. These include fees, transfer<br />

taxes, stamp duties, and any other payment to the property<br />

registry, notaries, public agencies or lawyers, if required by<br />

law. Other taxes, such as capital gains tax or value added tax<br />

(VAT) are excluded from the cost measure. If cost estimates<br />

differ among sources, the median reported value is used.<br />

Total costs are expressed as a percentage of the property<br />

value, calculated assuming a property value of 50 times income<br />

per capita.<br />

Time measure<br />

Time is recorded in calendar days. It is assumed that the minimum<br />

time required for each procedure is one day. Time captures<br />

the median duration that property lawyers or registry<br />

officials indicate as necessary to complete a procedure. It is<br />

assumed that the entrepreneur does not waste time and commits<br />

to completing each remaining procedure without delay.<br />

If a procedure can be accelerated for an additional cost, the<br />

fastest procedure is chosen. If procedures may be undertaken<br />

simultaneously, it is assumed that they are. It is assumed that<br />

the parties involved are aware of all regulations and their sequence<br />

from the beginning. Time spent on gathering information<br />

is not considered.<br />

The methodology is developed in “Property,” an ongoing research<br />

project by Simeon Djankov, Facundo Martin and<br />

Caralee McLiesh.<br />

Getting credit<br />

Doing <strong>Business</strong> constructs measures on credit information<br />

sharing and the legal rights of borrowers and lenders. One set<br />

of indicators measures the coverage, scope, quality and accessibility<br />

of credit information available through public or private<br />

credit registries. A second set describes how well collateral<br />

and bankruptcy laws facilitate lending.<br />

Data on credit information sharing are built in two stages:<br />

first, the respective banking supervision authorities as well as<br />

public information sources are surveyed to confirm the presence<br />

or absence of public credit registries and private credit<br />

information bureaus. Second, when applicable, a detailed<br />

survey on the public or private credit registry’s structure, law,<br />

and associated rules collects data in 5 areas:<br />

• Coverage of the market<br />

• Scope of information collected and distributed<br />

• Access to the data<br />

• Quality of data<br />

• Legal framework for information sharing and quality of<br />

data.<br />

The surveys were adapted from previous versions designed in<br />

cooperation with the “Credit Reporting Systems Project” in<br />

the World Bank Group and with input from Professor Marco<br />

Pagano of the University of Naples. Survey responses are verified<br />

through several rounds of follow-up communication<br />

with respondents as well as by contacting third parties and<br />

consulting public sources. In more than a third of cases, the<br />

survey data are complemented by teleconference calls.

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