A copublication of The World Bank and the International Finance Corporation.

Transcription

1 Algeria

2 2010 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington, DC Telephone Internet All rights reserved A copublication of The World Bank and the International Finance Corporation. This volume is a product of the staff of the World Bank Group. The findings, interpretations and conclusions expressed in this volume do not necessarily reflect the views of the Executive Directors of the World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. Rights and Permissions The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. For permission to photocopy or reprint any part of this work, please send a request with complete information to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA; telephone ; fax ; Internet All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher,The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax ; pubrights@worldbank.org. Additional copies of Doing Business 2011: Making a Difference for Entrepreneurs, Doing Business 2010: Reforming through Difficult Times, Doing Business 2009, Doing Business 2008, Doing Business 2007: How to Reform, Doing Business in 2006: Creating Jobs, Doing Business in 2005: Removing Obstacles to Growth and Doing Business in 2004:Understanding Regulations may be purchased at ISBN: E-ISBN: DOI: / ISSN: Library of Congress Cataloging-in-Publication data has been applied for. Printed in the United States

3 Current features News on the Doing Business project Rankings How economies rank-from 1 to Reformers Short summaries of DB2011 reforms, lists of reformers since DB2004 and a ranking simulation tool Historical data Customized data sets since DB Methodology and research The methodologies and research papers underlying Doing Business Download reports Access to Doing Business reports as well as subnational and regional reports, reform case studies and customized country and regional profiles Subnational and regional projects Differences in business regulations at the subnational and regional level Law Library Online collection of business laws and regulations relating to business and gender issues Contents Introduction and Aggregate Rankings 5 - Year Measure of Cumulative Change Starting a Business Dealing with Construction Permits Registering Property Getting Credit Protecting Investors Paying Taxes Trading Across Borders Enforcing Contracts Closing a Business Doing Business 2011 Business Reforms Local partners More than 8,200 specialists in 183 economies who participate in Doing Business Business Planet Interactive map on the ease of doing business

4 Doing Business 2011 : Making a Difference for Entrepreneurs is the eighth in a series of annual reports investigating regulations that enhance business activity and those that constrain it. Doing Business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 183 economies, from Afghanistan to Zimbabwe, over time. A set of regulations affecting 9 stages of a business s life are measured: starting a business, dealing with construction permits, registering property, getting credit, protecting investors, paying taxes, trading across borders, enforcing contracts and closing a business. Data in Doing Business 2011 are current as of June 1, 2010*. The indicators are used to analyze economic outcomes and identify what reforms have worked, where, and why. The Doing Business methodology has limitations. Other areas important to business such as an economy s proximity to large markets, the quality of its infrastructure services (other than those related to trading across borders), the security of property from theft and looting, the transparency of government procurement, macroeconomic conditions or the underlying strength of institutions, are not studied directly by Doing Business. To make the data comparable across economies, the indicators refer to a specific type of business, generally a local limited liability company operating in the largest business city. Because standard assumptions are used in the data collection, comparisons and benchmarks are valid across economies. The data not only highlight the extent of obstacles to doing business; they also help identify the source of those obstacles, supporting policymakers in designing reform. The data set covers 183 economies: 46 in Sub-Saharan Africa, 32 in Latin America and the Caribbean, 25 in Eastern Europe and Central Asia, 24 in East Asia and Pacific, 18 in the Middle East and North Africa and 8 in South Asia, as well as 30 OECD high-income economies. The following pages present the summary Doing Business indicators for Algeria. The data used for this economy profile come from the Doing Business database and are summarized in graphs. These graphs allow a comparison of the economies in each region not only with one another but also with the good practice economy for each indicator. The good-practice economies are identified by their position in each indicator as well as their overall ranking and by their capacity to provide good examples of business regulation to other countries. These good-practice economies do not necessarily rank number 1 in the topic or indicator, but they are in the top 10. More information is available in the full report. Doing Business 2011 : Making a Difference for Entrepreneurs presents the indicators, analyzes their relationship with economic outcomes and recommends reforms. The data, along with information on ordering the report, are available on the Doing Business website ( * Except for the Paying Taxes indicator that refers to the period January to December of Note: Doing Business data and rankings have been recalculated to reflect changes to the methodology and the addition of new economies (in the case of the rankings). 1

5 Economy Rankings - Ease of Doing Business Algeria is ranked 136 out of 183 economies. Singapore is the top ranked economy in the Ease of Doing Business. Algeria - Compared to global good practice economy as well as selected economies: Algeria's ranking in Doing Business 2011 Rank Doing Business 2011 Ease of Doing Business 136 Starting a Business 150 Dealing with Construction Permits 113 Registering Property 165 Getting Credit 138 Protecting Investors 74 Paying Taxes 168 Trading Across Borders 124 Enforcing Contracts 127 Closing a Business 51 2

6 Summary of Indicators - Algeria Starting a Business s (number) 14 Time (days) 24 Cost (% of income per capita) 12.9 Min. capital (% of income per capita) 34.4 Dealing with Construction Permits s (number) 22 Time (days) 240 Cost (% of income per capita) 44.0 Registering Property s (number) 11 Time (days) 47 Cost (% of property value) 7.1 Getting Credit Strength of legal rights index (0-10) 3 Depth of credit information index (0-6) 2 Public registry coverage (% of adults) 0.2 Private bureau coverage (% of adults) 0.0 Protecting Investors Extent of disclosure index (0-10) 6 Extent of director liability index (0-10) 6 Ease of shareholder suits index (0-10) 4 Strength of investor protection index (0-10) 5.3 Paying Taxes Payments (number per year) 34 Time (hours per year) 451 Profit tax (%) 6.6 Labor tax and contributions (%) 29.7 Other taxes (%) 35.7 Total tax rate (% profit) 72.0 Trading Across Borders Documents to export (number) 8 Time to export (days) 17 Cost to export (US$ per container) 1248 Documents to import (number) 9 Time to import (days) 23 Cost to import (US$ per container)

7 Enforcing Contracts s (number) 46 Time (days) 630 Cost (% of claim) 21.9 Closing a Business Recovery rate (cents on the dollar) 41.7 Time (years) 2.5 Cost (% of estate) 7

8 The 5 year measure of cumulative change illustrates how the business regulatory environment has changed in 174 economies from Doing Business 2006 to Doing Business Instead of highlighting which countries currently have the most business friendly environment, this new approach shows the extent to which an economy s regulatory environment for business has changed compared with 5 years ago. This snapshot reflects all cumulative changes in an economy s business regulation as measured by the Doing Business indicators-such as a reduction in the time to start a business thanks to a one-stop shop or an increase in the strength of investor protection index thanks to new stock exchange rules that tighten disclosure requirements for related-party transactions. This figure shows the distribution of cumulative change across the 9 indicators and time between Doing Business 2006 and Doing Business Doing business has become easier (DB change score) Egypt, Arab Rep. France Tunisia Mauritania Morocco Algeria Spain

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10 1. Benchmarking Starting a Business Regulations: Algeria is ranked 150 overall for Starting a Business. Ranking of Algeria in Starting a Business - Compared to good practice and selected economies: 7

11 The following table shows Starting a Business data for Algeria compared to good practice and comparator economies: Good Practice Economies s (number) Time (days) Cost (% of income per capita) Min. capital (% of income per capita) Denmark* 0.0 New Zealand* Selected Economy Algeria Comparator Economies Egypt, Arab Rep France Mauritania Morocco Spain Tunisia * The following economies are also good practice economies for : s (number): Canada Cost (% of income per capita): Slovenia 8

12 2. Historical data: Starting a Business in Algeria Starting a Business data Doing Business 2008 Doing Business 2009 Doing Business 2010 Doing Business 2011 Rank s (number) Time (days) Cost (% of income per capita) Min. capital (% of income per capita) The following graphs illustrate the Starting a Business sub indicators in Algeria over the past 4 years: 9

13 Starting a Business Summary - Algeria This table summarizes the procedures and costs associated with setting up a business in Algeria. STANDARDIZED COMPANY Legal Form: Société à Responsabilité Limitée (SARL) - Limited Liability Company City: Algiers Registration Requirements: No: Time to complete Cost to complete 1 Obtain an attestation on the uniqueness of selected company name 1 DA 490 from the Centre National du Registre du Commerce (CNRC); pick up registration forms 2 Deposit the start-up capital with the notary public 1 no charge 3 Draw up and notarize the company constitution documents, submit 7 see comment specimen of managers signatures, and prepare and submit the lease for the registered office of the company 4 Obtain the criminal record and birth certificate of manager 2 DA 30 5 Publish the company constitution on the legal journal (B.O.A.L.) and 3 DA 1960 a nationally circulated newspaper 6 * File for company registration with the commercial registry within two 2 DA 9760 months of the formation of the company 7 Pay for the stamp duty and obtain a receipt 1 DA

14 8 Register for income tax (Impôt sur le revenu global des personnes 2 no charge physiques, IRG), corporate tax (Impôt sur les bénéfices des personnes morales ou des sociétés, IBS), and VAT with the local tax inspectorate 9 Register for the Caisse Nationale des Assurances Sociales des 1 no charge Travailleurs Salariés (CNAS) 10 Open the company s bank account with a commercial bank 1 no charge 11 Register for the Caisse Nationale de Sécurité Sociale des Non Salariés 1 no charge (CASNOS) 12 Register with the Unemployment Insurance Fund (CNAC) 1 no charge 13 Make a company seal 2 DA Have company s accounting books stamped at the court 1 DA 6000 * Takes place simultaneously with another procedure. 11

15 Starting a Business Details - Algeria 1 Obtain an attestation on the uniqueness of selected company name from the Centre National du Registre du Commerce (CNRC); pick up registration forms Time to complete: 1 Cost to complete: DA Fees for attestation of company name: - Name search: DZD Fiscal stamp: DZD 10. The applicant must fill out a form, listing the four proposed company names, and pay a fee. The Commercial Registry (Centre National du Registre du Commerce, CNRC) conducts a name search and issues a name certificate on the same day. Deposit the start-up capital with the notary public Time to complete: 1 Cost to complete: 3 no charge The notary deposits the capital in a bank and obtains a deposit certificate before drawing up the statutes. Draw up and notarize the company constitution documents, submit specimen of managers signatures, and prepare and submit the lease for the registered office of the company Time to complete: 7 Cost to complete: 4 see comment According to Executive Decree n fees are: -5% if the company capital is between DZD 1 and DZD 200,000, -1% if the company capital is between DZD 200,001 and DZD 300,000 DA, -0.7% if the company capital is between DZD 300,001 and DZD 400, % if the company capital is between DZD 400,001 and DZD 500, % if the company capital is between DZD 500,001 and DZD 1,000, % if the company capital is DZD 1,000,000 and above Obtain the criminal record and birth certificate of manager Time to complete: 2 Cost to complete: DA 30 5 Since 2003, one can apply for the criminal record (extract de casier judiciaire) anywhere, without visiting the Clerk of the Court in the manager s birthplace. The managers must file the criminal record with the Trade Register and also provide a copy of the birth certificate, obtained at the birthplace. It is assumed that the managers already hold a birth certificate. Publish the company constitution on the legal journal (B.O.A.L.) and a nationally circulated newspaper Time to complete: 3 12

16 Cost to complete: DA The two newspapers are in Arabic and French language, respectively. The fees vary by newspaper. For a daily newspaper, the fee is DZD 280 per line of 24 characters. For the official journal, the Official Bulletin of Legal Announcements (BOAL), the fee is DZD 48 per line. File for company registration with the commercial registry within two months of the formation of the company Time to complete: 2 Cost to complete: DA According to Law No (April, ), registration is completed within 1 day. However, in practice, it still takes 2 days to obtain the final registration certificate. Registration fee (Arrêté du 10 juillet 2004 portant révision des tarifs applicables par le centre national du registre de commerce au titre de la tenue des registres de commerce et des publicités légales): - DZD 9,120 if the company capital is between DZD 30,001 and DZD 100, DZD 9,520 if the company capital is between DZD 100,001 and DZD 300, DZD 9,760 if the company capital is more than DZD 300,000. Pay for the stamp duty and obtain a receipt Time to complete: 1 Cost to complete: DA 4000 Fiscal stamps are sealed at the fiscal administration. Other stamps are paid at the CNRC. 8 Register for income tax (Impôt sur le revenu global des personnes physiques, IRG), corporate tax (Impôt sur les bénéfices des personnes morales ou des sociétés, IBS), and VAT with the local tax inspectorate Time to complete: 2 Cost to complete: no charge 9 Register for the Caisse Nationale des Assurances Sociales des Travailleurs Salariés (CNAS) Time to complete: 1 Cost to complete: no charge 10 The following three departments handle social security matters: 1. The Caisse Nationale des Assurances Sociales des Travailleurs Salariés (CNAS) receives employee declarations. 2. The Caisse Nationale de Sécurité Sociale des Non Salariés (CASNOS) receives employer declarations. 3. The Caisse Nationale d Assurance Chômage (CNAC) is the competent authority for unemployment matters. The employer must report any new employee within 10 days of hiring. Open the company s bank account with a commercial bank Time to complete: 1 Cost to complete: no charge 13

17 11 The bank account can be opened only following commercial registration (a receipt by the Commercial Registry suffices). The bank requires the following documents: company statutes, tax registration, statistical ID, copy of director s birth certificate. Documents are deposited in one day, but the time needed for bank accounts to be operational and receive check books varies from bank to bank. Register for the Caisse Nationale de Sécurité Sociale des Non Salariés (CASNOS) Time to complete: 1 Cost to complete: no charge 12 Register with the Unemployment Insurance Fund (CNAC) Time to complete: 1 Cost to complete: no charge 13 Make a company seal Time to complete: 2 Cost to complete: DA Have company s accounting books stamped at the court Time to complete: 1 Cost to complete: DA 6000 The accounting and inventory books must be stamped when the company starts its business activity. The fees amount to about DZD 2,000 per book. 14

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19 1. Benchmarking Dealing with Construction Permits Regulations: Algeria is ranked 113 overall for Dealing with Construction Permits. Ranking of Algeria in Dealing with Construction Permits - Compared to good practice and selected economies: 16

20 The following table shows Dealing with Construction Permits data for Algeria compared to good practice and comparator economies: Good Practice Economies s (number) Time (days) Cost (% of income per capita) Denmark 6 Qatar 0.8 Singapore 25 Selected Economy Algeria Comparator Economies Egypt, Arab Rep France Mauritania Morocco Spain Tunisia

21 2. Historical data: Dealing with Construction Permits in Algeria Dealing with Construction Permits data Doing Business 2008 Doing Business 2009 Doing Business 2010 Doing Business 2011 Rank s (number) Time (days) Cost (% of income per capita) The following graphs illustrate the Dealing with Construction Permits sub indicators in Algeria over the past 4 years: 18

22 Dealing with Construction Permits in Algeria The table below summarizes the procedures, time, and costs to build a warehouse in Algeria. BUILDING A WAREHOUSE City: Algiers Registration Requirements: No: Time to complete Cost to complete 1 Legalize property act 2 days DZD 1,800 2 Obtain building permit 150 days DZD 2,500 3 Receive municipal inspection 5 days no charge 4 Receive municipal inspection 1 day no charge 5 Receive municipal inspection 1 day no charge 6 Receive municipal inspection 1 day no charge 7 Receive municipal inspection 1 day no charge 8 Receive municipal inspection 1 day no charge 19

23 9 Request and receive final inspection to obtain certificate of conformity 14 days no charge 10 Obtain certificate of conformity 1 day DZD 5, Notarize the updated property act 1 day no charge 12 Register the updated property act (title) at the property registry 1 day no charge 13 Apply for telephone line 1 day no charge 14 Ministry of Posts and Telecommunications inspects the site and prepares an estimate 30 days DZD 13, Obtain telephone connection 30 days DZD 15, * Notify municipal/ communal authority of connection to sewer mains 1 day no charge 17 Apply for electricity connection 1 day DZD 25, Electricity company inspects the site and prepares an estimate 14 days DZD 15, Obtain electricity connection 25 days DZD 12, Apply for water connection 1 day no charge 21 The water company inspects the site and prepares an estimate 22 days DZD 13, Obtain water connection 18 days DZD 25,000 * Takes place simultaneously with another procedure. 20

24 Dealing with Construction Permits Details - Algeria 1 Legalize property act Time to complete: 2 days Cost to complete: DZD 1,800 Agency: Municipal authority (Autorité municipale) 2 Obtain building permit Time to complete: 150 days Cost to complete: DZD 2,500 Agency: Municipal authority (Autorité municipale) 3 Receive municipal inspection Time to complete: Cost to complete: Agency: 5 days no charge Municipal authority (Autorité municipale) 4 Receive municipal inspection Time to complete: Cost to complete: Agency: 1 day no charge Municipal authority (Autorité municipale) The law does not specify the number of inspections that take place during construction. However, inspections occur randomly before and during the construction process. The variation depends on the visibility and on the exact location of the construction site. 5 Receive municipal inspection Time to complete: Cost to complete: Agency: 1 day no charge Municipal authority (Autorité municipale) 21

25 6 Receive municipal inspection Time to complete: Cost to complete: Agency: 1 day no charge Municipal authority (Autorité municipale) 7 Receive municipal inspection Time to complete: Cost to complete: Agency: 1 day no charge Municipal authority (Autorité municipale) 8 Receive municipal inspection Time to complete: Cost to complete: Agency: 1 day no charge Municipal authority (Autorité municipale) 9 Request and receive final inspection to obtain certificate of conformity Time to complete: Cost to complete: Agency: 14 days no charge Municipal authority (Autorité municipale) When the warehouse is completed, BuildCo must notify the municipality so that it can perform a final inspection of the construction. The inspector will usually arrive on site within 2 weeks of the request. 10 Obtain certificate of conformity Time to complete: 1 day Cost to complete: DZD 5,000 Agency: Municipal authority (Autorité municipale) 22

26 Although the law requires a certificate of conformity, it is seldom issued in practice. 11 Notarize the updated property act Time to complete: Cost to complete: Agency: 1 day no charge Municipal authority (Autorité municipale) 12 Register the updated property act (title) at the property registry Time to complete: Cost to complete: Agency: 1 day no charge Municipal authority (Autorité municipale) Before the building can be used as collateral, banks require the property title and the construction license. This case study assumes that BuildCo possesses a construction license. 13 Apply for telephone line Time to complete: Cost to complete: Agency: 1 day no charge Ministry of Posts and Telecommunications (Ministère des Postes et Télécommunications) 14 Ministry of Posts and Telecommunications inspects the site and prepares an estimate Time to complete: 30 days Cost to complete: DZD 13,200 Agency: Ministry of Posts and Telecommunications (Ministère des Postes et Télécommunications) The Ministry of Posts and Telecommunications requires a 50% down payment on the estimated charge before connecting the building. 15 Obtain telephone connection Time to complete: 30 days Cost to complete: DZD 15,000 Agency: Ministry of Posts and Telecommunications (Ministère des Postes et Télécommunications) 23

27 A site visit may be required to prepare the estimate. 16 Notify municipal/ communal authority of connection to sewer mains Time to complete: Cost to complete: Agency: 1 day no charge Municipal/communal authority (Autorité municipale/communale) 17 Apply for electricity connection Time to complete: 1 day Cost to complete: DZD 25,000 Agency: Socièté Nationale de l'electricité et du Gaz (SONELGAZ) 18 Electricity company inspects the site and prepares an estimate Time to complete: 14 days Cost to complete: DZD 15,000 Agency: Socièté Nationale de l'electricité et du Gaz (SONELGAZ) A site visit is sometimes required to prepare the estimate. 19 Obtain electricity connection Time to complete: 25 days Cost to complete: DZD 12,500 Agency: Socièté Nationale de l'electricité et du Gaz (SONELGAZ) 20 Apply for water connection Time to complete: Cost to complete: Agency: 1 day no charge SEAAL 24

28 21 The water company inspects the site and prepares an estimate Time to complete: 22 days Cost to complete: DZD 13,000 Agency: SEAAL A site visit is sometimes required to prepare the estimate. 22 Obtain water connection Time to complete: 18 days Cost to complete: DZD 25,000 Agency: SEAAL 25

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30 1. Benchmarking Registering Property Regulations: Algeria is ranked 165 overall for Registering Property. Ranking of Algeria in Registering Property - Compared to good practice and selected economies: 27

31 The following table shows Registering Property data for Algeria compared to good practice and comparator economies: Good Practice Economies s (number) Time (days) Cost (% of property value) New Zealand* 2 Norway* 1 Saudi Arabia 0.0 Selected Economy Algeria Comparator Economies Egypt, Arab Rep France Mauritania Morocco Spain Tunisia * The following economies are also good practice economies for : s (number): United Arab Emirates Time (days): Saudi Arabia, Thailand, United Arab Emirates 28

32 2. Historical data: Registering Property in Algeria Registering Property data Doing Business 2008 Doing Business 2009 Doing Business 2010 Doing Business 2011 Rank s (number) Time (days) Cost (% of property value) The following graphs illustrate the Registering Property sub indicators in Algeria over the past 4 years: 29

33 Registering Property in Algeria This topic examines the steps, time, and cost involved in registering property in Algeria. STANDARDIZED PROPERTY Property Value: 14,532, City: Algiers Registration Requirements: No: Time to complete Cost to complete 1 Obtain a certificate of non-encumbrances from the Land Registry (Conservation Foncière) 4 days DZD 500 for the non-encumbrance certificate 2 Parties file the unsigned contract with the relevant documents at the notary 3 days 3% for first DZD 500,000 of property value, 2% for the next DZD 500,000, 1% for exceeding amount 3 The seller pays registration and publication fees into notary s account at the Public Revenue Office (Trésor Public) 1 day 6% of the property value (5% registration fee + 1% publication fee) 4 Parties sign the contract at the public notary 1 day no cost 5 The original deed and documents are filed by the notary at the Registry of Deeds (Service de l Enregistrement et du Timbre) 4 days no cost 6 * The notary provides a tax declaration to be deposited at the local tax office 1 day (simultaneous with following procedures) no cost 30

34 7 * File tax declaration and proof of payment at the local tax office (Sous Direction du Recouvrement des Impôts) 1 day (simultaneous with following procedures) no cost 8 * Notary returns deposit to seller 30 days (time limit) (simultaneous with following procedures) no cost 9 * The notary pays registration fees to the local tax authorities (Recette des Impôts) 1 day (simultaneous with previous procedures) Already counted in 3 10 * The notary issues payment for publication fee to the Local Land Registry (Conservation Foncière) for publication and issuance of the new deed 30 day (time limit - (simultaneous with previous procedures) ) Already counted in 3 11 * The notary issues a copy of the deed to each party 1 day (simultaneous with procedures 6 to 11) no cost * Takes place simultaneously with another procedure. 31

35 Registering Property Details - Algeria 1 Obtain a certificate of non-encumbrances from the Land Registry (Conservation Foncière) Time to complete: Cost to complete: 4 days DZD 500 for the non-encumbrance certificate Agency: Land Registry (Conservation Foncière) The notary obtains a non-encumbrance certificate from the Land Registry (Conservation Foncière). The Land Registry will also check with the Tax Office to see that the seller is up-to-date with tax payments linked to the property. The original Title is given to the Notary by the Seller. 2 Parties file the unsigned contract with the relevant documents at the notary Time to complete: Cost to complete: 3 days 3% for first DZD 500,000 of property value, 2% for the next DZD 500,000, 1% for exceeding amount The parties provide the notary with all the relevant documents such as the original Property title, non-encumbrance certificate, Birth certificate. The notary takes note of the purchase price and reviews the documents. He/she then issues an order of payment to the buyer for the amount: 20% of the purchasing price, to be deposited in the notary s agent account at the Public Revenue Office, 5% of the property value for registration fees (2.5% for each party) Transfert taxe (taxe de publicité foncière) 1% of property value The notary s fees are as follows: 3% for the first DZD 2% for the second DZD 1% for the rest of the amount 17% VAT is applicable on the notary fees 3 The seller pays registration and publication fees into notary s account at the Public Revenue Office (Trésor Public) Time to complete: Cost to complete: 1 day 6% of the property value (5% registration fee + 1% publication fee) Agency: Public Revenue Office (Trésor Public) The Buyer subsequently informs the notary of the payment. The 6% consist of: (i) 5% registration fee (2.5% to be paid each by seller and buyer) and (ii) 1% for publication fees. 4 Parties sign the contract at the public notary Time to complete: Cost to complete: 1 day no cost 32

36 5 After the deposit, the seller provides the notary with the receipt. The notary then drafts the contract, which is signed by both parties and issues a provisional copy of the deed to the seller. The notary then continues with the registration of the transfer deed (see proc. 6-11). The original deed and documents are filed by the notary at the Registry of Deeds (Service de l Enregistrement et du Timbre) Time to complete: Cost to complete: 4 days no cost Agency: Registry of Deeds (Service de l Enregistrement et du Timbre) The Registry of Deeds issues an order of payment of 6% property value to the notary. 6 The notary provides a tax declaration to be deposited at the local tax office Time to complete: Cost to complete: 1 day (simultaneous with following procedures) no cost Agency: Local tax office The seller takes the proof of payment to the notary who provides a tax declaration to be deposited at the local tax office Sous Direction du Recouvrement des Impôts) 7 File tax declaration and proof of payment at the local tax office (Sous Direction du Recouvrement des Impôts) Time to complete: Cost to complete: 1 day (simultaneous with following procedures) no cost Agency: Local tax office (Sous Direction du Recouvrement des Impôts) The seller or notary files the tax declaration and proof of payment at the local tax office (Sous Direction du Recouvrement des Impôts) 8 Notary returns deposit to seller Time to complete: Cost to complete: 30 days (time limit) (simultaneous with following procedures) no cost After 30 days, and if there are no objections by the tax office, the notary delivers to the seller a check for the amount of the deposit or, if applicable, the amount minus the capital gains tax, if the latter was paid from the deposit. 9 The notary pays registration fees to the local tax authorities (Recette des Impôts) Time to complete: 1 day (simultaneous with previous procedures) Cost to complete: Already counted in 3 33

37 Agency: Local tax authorities (Recette des Impôts) 10 The notary issues a payment of 5% of the purchase value for the registration fees from the agent account to the local tax authorities. Subsequently, the tax authorities issue to the notary an original deed ( minute de l acte) only for his records. (The "minute" is the original received by the notary. The notary must keep it and cannot make it public.) The notary issues payment for publication fee to the Local Land Registry (Conservation Foncière) for publication and issuance of the new deed Time to complete: 30 day (time limit - (simultaneous with previous procedures) ) Cost to complete: Already counted in 3 Agency: Local Land Registry (Conservation Foncière) 11 The notary issues a payment by check for the publication fee of 1% of the purchase value (part of 6% deposited by the seller) accompanied by a copy of the deed. The Land Registry then issues a public deed to the notary. The notary issues a copy of the deed to each party Time to complete: 1 day (simultaneous with procedures 6 to 11) Cost to complete: no cost 34

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39 1. Benchmarking Getting Credit Regulations: Algeria is ranked 138 overall for Getting Credit. Ranking of Algeria in Getting Credit - Compared to good practice and selected economies: 36

40 The following table shows Getting Credit data for Algeria compared to good practice and comparator economies: Good Practice Economies Strength of legal rights index (0-10) Depth of credit information index (0-6) Public registry coverage (% of adults) Private bureau coverage (% of adults) New Zealand* Portugal 67.1 Singapore* 10 United Kingdom 6 Selected Economy Algeria Comparator Economies Egypt, Arab Rep France Mauritania Morocco Spain Tunisia * The following economies are also good practice economies for : Strength of legal rights index (0-10): Hong Kong, China, Kenya, Kyrgyz Republic, Malaysia Private bureau coverage (% of adults): Argentina, Australia, Canada, Iceland, Ireland, Norway, Sweden, United Kingdom, United States 27 countries have the highest credit information index. 37

41 2. Historical data: Getting Credit in Algeria Getting Credit data Doing Business 2008 Doing Business 2009 Doing Business 2010 Doing Business 2011 Rank Strength of legal rights index (0-10) Depth of credit information index (0-6) Private bureau coverage (% of adults) Public registry coverage (% of adults) The following graphs illustrate the Getting Credit sub indicators in Algeria over the past 4 years: 38

42 Getting Credit in Algeria The following table summarize legal rights of borrowers and lenders, and the availability and legal framework of credit registries in Algeria. Getting Credit Indicators (2010) Indicator Private bureau coverage (% of adults) Private credit bureau Public credit registry 2 Are data on both firms and individuals distributed? No Yes 1 Are both positive and negative data distributed? No Yes 1 Does the registry distribute credit information from retailers, trade creditors or utility companies as well as financial institutions? No No 0 Are more than 2 years of historical credit information distributed? No No 0 Is data on all loans below 1% of income per capita distributed? No No 0 Is it guaranteed by law that borrowers can inspect their data in the largest credit registry? No No 0 Coverage Number of individuals 0.. Number of firms

43 Strength of legal rights index (0-10) Can any business use movable assets as collateral while keeping possession of the assets; and any financial institution accept such assets as collateral? 3 Yes Does the law allow businesses to grant a non possessory security right in a single category of movable assets, without requiring a specific description of collateral? No Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a specific description of collateral? Yes May a security right extend to future or after-acquired assets, and may it extend automatically to the products, proceeds or replacements of the original assets? No Is a general description of debts and obligations permitted in collateral agreements, so that all types of obligations and debts can be secured by stating a maximum amount rather than a specific amount between the parties? Yes Is a collateral registry in operation, that is unified geographically and by asset type, as well as indexed by the grantor's name of a security right? No Do secured creditors have absolute priority to their collateral outside bankruptcy procedures? No Do secured creditors have absolute priority to their collateral in bankruptcy procedures? No During reorganization, are secured creditors' claims exempt from an automatic stay on enforcement? No Does the law authorize parties to agree on out of court enforcement? No 40

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45 1. Benchmarking Protecting Investors Regulations: Algeria is ranked 74 overall for Protecting Investors. Ranking of Algeria in Protecting Investors - Compared to good practice and selected economies: 42

46 The following table shows Protecting Investors data for Algeria compared to good practice and comparator economies: Good Practice Economies Strength of investor protection index (0-10) New Zealand 9.7 Selected Economy Algeria 5.3 Comparator Economies Egypt, Arab Rep. 5.3 France 5.3 Mauritania 3.7 Morocco 3.3 Spain 5.0 Tunisia

47 2. Historical data: Protecting Investors in Algeria Protecting Investors data Doing Business 2008 Doing Business 2009 Doing Business 2010 Doing Business 2011 Rank Strength of investor protection index (0-10) The following graph illustrates the Protecting Investors index in Algeria compared to best practice and selected Economies: New Zealand Egypt, Arab Rep. France Tunisia Algeria Spain Mauritania Morocco Note: The higher the score, the greater the investor protection. 44

48 Protecting Investors in Algeria The table below provides a full breakdown of how the disclosure, director liability, and shareholder suits indexes are calculated in Algeria. Protecting Investors Data (2010) Indicator Extent of disclosure index (0-10) 6 What corporate body provides legally sufficient approval for the transaction? Whether immediate disclosure of the transaction to the public and/or shareholders is required? Whether disclosure of the transaction in published periodic filings (annual reports) is required? Whether disclosure of the conflict of interest by Mr. James to the board of directors is required? Whether an external body must review the terms of the transaction before it takes place? Extent of director liability index (0-10) Whether shareholders can hold Mr. James liable for the damage that the Buyer-Seller transaction causes to the company? Whether shareholders can hold the approving body (the CEO or board of directors) liable for the damage that the Buyer-Seller transaction causes to the company? Whether a court can void the transaction upon a successful claim by a shareholder plaintiff? Whether Mr. James pays damages for the harm caused to the company upon a successful claim by the shareholder plaintiff?

49 Whether Mr. James repays profits made from the transaction upon a successful claim by the shareholder plaintiff? Whether fines and imprisonment can be applied against Mr. James? Whether shareholders can sue directly or derivatively for the damage that the Buyer-Seller transaction causes to the company? Ease of shareholder suits index (0-10) 4 Whether the plaintiff can obtain any documents from the defendant and witnesses during trial? Whether the plaintiff can directly question the defendant and witnesses during trial? Whether the plaintiff can request categories of documents from the defendant without identifying specific ones? Whether shareholders owning 10% or less of Buyer's shares can request an inspector to investigate the transaction? Whether the level of proof required for civil suits is lower than that of criminal cases? Whether shareholders owning 10% or less of Buyer's shares can inspect transaction documents before filing suit? Strength of investor protection index (0-10)

50 47

51 1. Benchmarking Paying Taxes Regulations: Algeria is ranked 168 overall for Paying Taxes. Ranking of Algeria in Paying Taxes - Compared to good practice and selected economies: 48

52 The following table shows Paying Taxes data for Algeria compared to good practice and comparator economies: Good Practice Economies Payments (number per year) Time (hours per year) Total tax rate (% profit) Maldives* 3 0 Timor-Leste 0.2 Selected Economy Algeria Comparator Economies Egypt, Arab Rep France Mauritania Morocco Spain Tunisia * The following economies are also good practice economies for : Payments (number per year): Qatar 49

53 2. Historical data: Paying Taxes in Algeria Paying Taxes data Doing Business 2008 Doing Business 2009 Doing Business 2010 Doing Business 2011 Rank Total tax rate (% profit) Payments (number per year) Time (hours per year) The following graphs illustrate the Paying Taxes sub indicators in Algeria over the past 4 years: 50

54 Paying Taxes in Algeria The table below addresses the taxes and mandatory contributions that a medium-size company must pay or withhold in a given year in Algeria, as well as measures of administrative burden in paying taxes. Tax or mandatory contribution Payments (number) Notes on Payments Time (hours) Statutory tax rate Tax base Totaltax rate (% profit) Notes on TTR Value added tax (VAT) % value added Stamp duty 1 DZD 40 to DZD 60 number of pages in document Tax on unbuilt land 1 7.0% rental value of land 0.00 Vehicle tax 1 DZD 1,000 fixed fee 0.00 Dwelling tax 1 DZD 1,200 fixed fee 0.00 Fuel tax 1 1.0% value of fuel 0.00 Drainage tax 0 paid jointly DZD 10,000 fixed fee 0.10 Tax on built land 1 3.0% rental value of land 0.20 Tax on interest 0 withheld 10.0% interest income 0.30 Apprenticeship tax 0 paid jointly 1.0% net salaries

55 Corporate income tax % taxable profit 6.60 Social security contributions % gross salaries Tax on professional activity 0 paid jointly 2.0% turnover Totals

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57 1. Benchmarking Trading Across Borders Regulations: Algeria is ranked 124 overall for Trading Across Borders. Ranking of Algeria in Trading Across Borders - Compared to good practice and selected economies: 54

58 The following table shows Trading Across Borders data for Algeria compared to good practice and comparator economies: Good Practice Economies Documents to export (number) Time to export (days) Cost to export (US$ per container) Documents to import (number) Time to import (days) Cost to import (US$ per container) Denmark* 5 France 2 2 Malaysia 450 Singapore Selected Economy Algeria Comparator Economies Egypt, Arab Rep France Mauritania Morocco Spain Tunisia * The following economies are also good practice economies for : Time to export (days): Estonia 55

59 2. Historical data: Trading Across Borders in Algeria Trading Across Borders data Doing Business 2008 Doing Business 2009 Doing Business 2010 Doing Business 2011 Rank Cost to export (US$ per container) Cost to import (US$ per container) Documents to export (number) Documents to import (number) Time to export (days) Time to import (days) The following graphs illustrate the Trading Across Borders sub indicators in Algeria over the past 4 years: 56

60 57

61 Trading Across Borders in Algeria These tables list the procedures necessary to import and export a standardized cargo of goods in Algeria. The documents required to export and import the goods are also shown. Nature of Export s (2010) Duration (days) US$ Cost Documents preparation Customs clearance and technical control Ports and terminal handling Inland transportation and handling Totals Nature of Import s (2010) Duration (days) US$ Cost Documents preparation Customs clearance and technical control Ports and terminal handling Inland transportation and handling Totals

62 Documents for Export and Import Export Bill of lading Cargo release order Certified copy of the commercial registry Commercial Invoice Customs export declaration Packing list Technical standard/health certificate Terminal handling receipts Import Bill of lading Cargo release order Certified copy of the commercial registry Commercial Invoice Customs import declaration Inspection report Packing list Technical standard/health certificate Terminal handling receipts 59

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64 1. Benchmarking Enforcing Contracts Regulations: Algeria is ranked 127 overall for Enforcing Contracts. Ranking of Algeria in Enforcing Contracts - Compared to good practice and selected economies: 61

65 The following table shows Enforcing Contracts data for Algeria compared to good practice and comparator economies: Good Practice Economies s (number) Time (days) Cost (% of claim) Bhutan 0.1 Ireland 20 Singapore 150 Selected Economy Algeria Comparator Economies Egypt, Arab Rep France Mauritania Morocco Spain Tunisia

66 2. Historical data: Enforcing Contracts in Algeria Enforcing Contracts data Doing Business 2008 Doing Business 2009 Doing Business 2010 Doing Business 2011 Rank s (number) Time (days) Cost (% of claim) The following graphs illustrate the Enforcing Contracts sub indicators in Algeria over the past 4 years: 63

67 Enforcing Contracts in Algeria This topic looks at the efficiency of contract enforcement in Algeria. Nature of (2010) Indicator s (number) 46 Time (days) 630 Filing and service 21.0 Trial and judgment Enforcement of judgment Cost (% of claim)* Attorney cost (% of claim) 8.1 Court cost (% of claim) 9.4 Enforcement Cost (% of claim)

68 Court information: Alger Sidi M'hamed Tribunal, Commercial Section ("محكمة سيدي محمد - القسم التجاري") * Claim assumed to be equivalent to 200% of income per capita. 65

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70 1. Benchmarking Closing Business Regulations: Algeria is ranked 51 overall for Closing a Business. Ranking of Algeria in Closing Business - Compared to good practice and selected economies: 67

71 The following table shows Closing Business data for Algeria compared to good practice and comparator economies: Good Practice Economies Recovery rate (cents on the dollar) Time (years) Cost (% of estate) Ireland 0.4 Japan 92.7 Singapore* 1 Selected Economy Algeria Comparator Economies Egypt, Arab Rep France Mauritania Morocco Spain Tunisia * The following economies are also good practice economies for : Cost (% of estate): Colombia, Kuwait, Norway 68

72 2. Historical data: Closing Business in Algeria Closing a Business data Doing Business 2008 Doing Business 2009 Doing Business 2010 Doing Business 2011 Rank Time (years) Cost (% of estate) Recovery rate (cents on the dollar) The following graphs illustrate the Closing Business sub indicators in Algeria over the past 4 years: 69

73 Since 2004 Doing Business has been tracking reforms aimed at simplifying business regulations, strengthening property rights, opening access to credit and enforcing contracts by measuring their impact on 10 indicator sets. * Nearly 1,000 reforms have had an impact on these indicators. Doing Business 2011, covering June 2009 to June 2010, reports that 117 economies implemented 216 reforms to make it easier to start a business. 64% of economies measured by Doing Business have reformed this year, focusing on easing business start-up, lightening the tax burden, simplifying import and export regulations and improving credit information systems. The top 10 most-improved in Doing Business 2011 Economy Positive Change Negative Change Starting a Business Dealing with Construction Permits Registering Property Getting Credit Protecting Investors Paying Taxes Trading Across Borders Enforcing Contracts Closing a Business Kazakhstan Rwanda Peru Vietnam Cape Verde Tajikistan Zambia Hungary Grenada Brunei Darussalam * For Doing Business 2011 the Employing Workers indicator is not included in the aggregate ease of doing business ranking. 70

74 Summary of changes to business regulation in top 10 most improved economies in Doing Business 2011 and selected comparator economies. Brunei Darussalam Cape Verde Egypt, Arab Rep. Grenada Hungary Brunei Darussalam made starting a business easier by improving efficiency at the company registrar and implementing an electronic system for name searches. Brunei Darussalam reduced the corporate income tax rate from 23.5% to 22% while also introducing a lower tax rate for small businesses, ranging from 5.5% to 11%. The introduction of an electronic customs system in Brunei Darussalam made trading easier. Cape Verde made start-up easier by eliminating the need for a municipal inspection before a business begins operations and computerizing the system for delivering the municipal license. Cape Verde eased property registration by switching from fees based on a percentage of the property value to lower fixed rates. Cape Verde abolished the stamp duties on sales and checks. Egypt reduced the cost to start a business. Egypt made trading easier by introducing an electronic system for submitting export and import documents. Grenada eased business start-up by transferring responsibility for the commercial registry from the courts to the civil administration. The appointment of a registrar focusing only on property cut the time needed to transfer property in Grenada by almost half. Grenada s customs administration made trading faster by simplifying procedures, reducing inspections, improving staff training and enhancing communication with users. Hungary implemented a time limit for the issuance of building permits. Hungary reduced the property registration fee by 6% of the property value. Hungary simplified taxes and tax bases. Amendments to Hungary s bankruptcy law encourage insolvent companies to consider reaching agreements with creditors out of court so as to avoid bankruptcy. Kazakhstan Kazakhstan eased business start-up by reducing the minimum capital requirement to 100 tenge ($0.70) and eliminating the need to have the memorandum of association and company charter notarized. Kazakhstan made dealing with construction permits easier by implementing a one-stop shop related to technical conditions for utilities. Kazakhstan strengthened investor protections by requiring greater corporate disclosure in company annual reports. Kazakhstan speeded up trade through efforts to modernize customs, including implementation of a risk management system and improvements in customs automation. Morocco Morocco strengthened investor protections by requiring greater disclosure in companies annual reports. Peru Rwanda Spain Tajikistan Tunisia Peru eased business start-up by simplifying the requirements for operating licenses and creating an online one-stop shop for business registration. Peru streamlined construction permitting by implementing administrative reforms. Peru introduced fast-track procedures at the land registry, cutting by half the time needed to register property. Peru made trading easier by implementing a new web-based electronic data interchange system, risk-based inspections and payment deferrals. Rwanda made dealing with construction permits easier by passing new building regulations at the end of April 2010 and implementing new time limits for the issuance of various permits. Rwanda enhanced access to credit by allowing borrowers the right to inspect their own credit report and mandating that loans of all sizes be reported to the central bank s public credit registry. Rwanda reduced the number of trade documents required and enhanced its joint border management procedures with Uganda and other neighbors, leading to an improvement in the trade logistics environment. Spain streamlined the documentation for imports by including tax-related information on its single administrative document. Spain amended its regulations governing insolvency proceedings with the aim of reducing the cost and time. The new regulations also introduced out-of-court workouts. Tajikistan made starting a business easier by creating a one-stop shop that consolidates registration with the state and the tax authority. Tajikistan strengthened investor protections by requiring greater corporate disclosure in the annual report and greater access to corporate information for minority investors. Tajikistan lowered its corporate income tax rate. Tunisia introduced the use of electronic systems for payment of corporate income tax and value added tax. Tunisia upgraded its electronic data interchange system for imports and exports, speeding up the assembly of import documents. 71