Doing Business Pak
Doing Business Pak
A COMPARATIVE ANALYSIS
PAKISTAN
2012
2013
2014
105
107
110
2015
2016
128
138
1
2
3
4
5
6
7
8
9
10
FACTOR
Starting a Business
Dealing with Construction Permits
Getting Electricity
Registering Property
Getting Credit
Protecting Minority Investors
Paying Taxes
Trading Across Borders
Enforcing Contracts
Resolving Insolvency
2016
122
61
157
137
133
25
171
169
151
94
OBJECTIVE
METHODOLOGY
To compare procedures of
Pakistan with the best ranked
countries in each factor
To identify the gaps between the
procedures of Pakistan and the
best ranked countries
To formulate recommendations
in consultation with stakeholders
To lobby for implementation
Factor 01
STARTING A BUSINESS
PAKISTAN 122
VS
NEW ZEALAND 1
47,261
44,045
45,000
40,000
35,000
30,000
25,000
20,000
15,000
10,000
5,000
4,587
3,953
2012-13
2013-14
Pakistan
New Zealand
New Zealand
Apply online
2 Pay the name reservation/Incorporation at MCB for
registration
3 Obtain a digital signature from NIFT
with the
4 Complete registration form on the SECP eCompanies
portal
Office New
Zealand
5 Obtain NTN online from FBR
6 Apply for Sales Tax Registration No. online from (including
Inland
FBR
Revenue
7 Registration for Professional Tax with E&T Dept. Department
8 Registration with PESSI
(IRD) number
application
9 Registration with EOBI
and
10 Registration with Labor Department
registration
for GST)
New Zealand
New Zealand
Companies
Office
New Zealand
Fast Track
Online In person
Online
In person
Online
12,610
23,200
44,000
11,407.82
25,010
(Amounts in PKR)
Lahore, Pakistan
New Zealand
19 Days
0.5 Day
RECOMMENDATIONS
Establish a One-Portal for implementation of all the
departments involved in registering new businesses.
The One-Portal should enable SECP to collect all the required
information and disseminate to all the concerned
Federal/Provincial Govt. departments through an online
portal. However, registration with each department should be
made need-based.
The One-Portal should also enable SECP to take a one-time
lump sum payment in their online bank account which can
then be transferred to the accounts of the relevant
Federal/Provincial Govt. departments.
All required payments should be made online through
credit/debit card and bank accounts.
The timeframe for establishing the One-Portal should be
before 30th May 2016.
STAKEHOLDERS
Federal Ministry for IT and Punjab Information Technology Board
(PITB)
Security and Exchange Commission of Pakistan (SECP)
Agent Bank
Tax Facilitation Center of the Regional Tax Office (RTO), FBR
Excise and Taxation Department of the District
Punjab Employees Social Security Institution (PESSI)
Employees Old Age Benefits Institution (EOBI) (Already automated)
Labor Department, Government of Punjab
Lawyers, Chartered accountant firms, Tax consultants, business
houses, representatives of trade bodies, etc.
FACTOR 02
PROCEDURE
Lahore, Pakistan
Singapore
10
Singapore
Singapore
250.4 Days
26 Days
Pakistan
Singapore
PKR 230,000
SGD 10,063
(PKR 757,095.29)
RECOMMENDATIONS
Registered property agents of Lahore should have an access to the
Land Record Management Information System (LRMIS).
LRMIS should clearly announce any court proceedings or stay
orders.
All rules and regulation should be placed on ONE WEBSITE for
dealing with construction permits.
Commercialization of land be eliminated and zoning be clearly
demarked.
Civil society and stakeholders be added in a committee which
decides zoning for commercial and social activities.
Water and Sewerage connection be provided automatically within
30 days of approval of construction permits.
Completion certificate be provided within 15 days of final inspection.
STAKEHOLDERS
Lahore Development Authority
(LDA)
Excise & Taxation Department,
Govt. of Punjab
Board of Revenue
Environment department
Civil Defence
Competition Commission of
Pakistan
Construction
Companies/builders/contract
ors
FACTOR 03
GETTING ELECTRICITY
PAKISTAN (157)
VS
REPUBLIC OF KOREA (1)
Republic of Korea
Republic of Korea
178.3 Days
18 Days
Pakistan
Republic of Korea
PKR 1,777,186.23
PKR 1,090,682.0087
(KRW 11,807,572.94)
RECOMMENDATIONS
An E-Portal should be established for the new connections and
other services
This E-Portal should provide the facility of not only submission of
application but submission of all relevant documents online.
This E-Portal should be integrated with SECP, LRMIS and
NADRA database for the verification of companys information.
It should also collect fee online through online banking.
After submission of verified safety inspection report, demand
notice should be generated through E-Portal.
Currently, internal wiring inspection is being conducted through
Electric Inspector, Punjab. LESCO should accept the internal
wiring report of private certified and registered contractors.
The Electric Inspector should be able to submit the Internal
Wiring report on this E-Portal within 10 days.
RECOMMENDATIONS [CONT.]
Review the Timeframe of New Connections as described
in Customer Service Manual (Annexure VI, Page 59).
Set a new target of 15 days after receipt of internal
wiring test report and monitor its implementation.
All infrastructure cost up to the point of connection
should be borne by the government/LESCO.
STAKEHOLDERS
LESCO
NEPRA
Ministry of Water and
power
Electrical Inspector
Punjab
Electrical Contractors
Builders
Industrial Estates
Commercial buildings
Consultants
Municipal corporations
LDA
Town Municipal
Administered (TMAs)
Meter/wire and other
electrical equipment
manufactures
Fabricators and pole
manufactures
Electronics industry
Civil defense
Factor 04
REGISTRATION OF
PROPERTY
Pakistan (137)
Vs
New Zealand (1)
Ranking
Comparison
Procedures
Time
(Days)
New Zealand
2.0
0.10%
Lithuania
3.0
2.5
0.80%
Georgia
1.0
0.10%
137
Pakistan
6.0
50
7.6%
Pakistan
New Zealand
26
None (paper
recording)
Yes
1.5
3.5
RECOMMENDATIONS
Good practices of land ownership and
transfer from DHA should be adopted.
Tax on land transfer be reduced to 0.10%.
LRMIS should become the primary source of
confirming the title and ownership
LRMIS should be linked directly with NADRA
database.
All court proceedings and stay orders should
be recorded on LRMIS
STAKEHOLDERS
Land Registry Departments
Land Revenue
Department Board of
Revenue
Lawyers
Government Treasury
National Bank
Builders
Stamp Office of
Government
Sub Registrar of
Conveyance
Excise and Taxation
Department Punjab
Property dealers
Industrial Estates
Federal Board of Revenue
(FBR)
Town Municipal Authorities
District Office/ LDA or DHA
Registrar of Land
Factor 05
GETTING CREDIT
PAKISTAN (133)
VS
NEW ZEALAND (1)
146.2%
China
141.8%
Singapore
131.5
India
51.1%
Pakistan
15.4%
New Zealand
12
RECOMMENDATIONS
Credit Insurance Guarantee Fund (CIGF) be
created
Local Made Machinery (LMM) loan for SMEs to
be covered by CIGF.
Banks should have the access to the LRMIS and
SECP for easy verification of company data and
its asset.
5% of the total loan portfolio should be allocated
by the SBP for SMEs lending.
Set up DFIs and instruments for long term capital
investments
RECOMMENDATIONS
Better legal rights for secured creditors so that in case of
liquidation of a business, they should be paid first (before
tax claims and employee claims). The law should allow
public and private auctions and also permit the secured
creditor to take the asset in the satisfaction of debt.
Borrowers should have the right to access their data online
in the Credit Information Bureau (CIB).
The credit report of a borrower should also have data
related to utility companies.
The credit report of a borrower should have at least 2 years
of historical data.
The CIB should offer credit scores to the Banks as a value
added service to help them in assessing the
creditworthiness of borrowers.
STAKEHOLDERS
Government Departments
Ministry of Finance
SECP
SBP
Banks ( Islamic/Other)
Asset Management
Companies
Insurance Companies
Leasing Companies
Modarbas
Treasury banks e.g. NBP
Provincial Banks
Lawyers
Equity investors
Stock brokers
Chartered accountant
firms
Industrial
associations/Chambers/tra
de bodies
Federal Board of Revenue
(FBR)
Banking courts
Bank ombudsmen
Factor # 6
PROTECTING MINORITY
INVESTORS
PAKISTAN (25)
VS
SINGAPORE (1)
Pakistan
Singapore
10
9.3
7.3
7.3
6.7
8.3
RECOMMENDATIONS
Factor 07
PAYING TAXES
PAKISTAN (171)
QATAR & UAE (01)
Ranking in
Paying Taxes
Economy
157
India
33
243
Ireland
82
Singapore
83.5
Hong Kong
74
168
Vietnam
30
770
31
Malaysia
13
118
171
Pakistan
47
594
158
Sri Lanka
47
167
No. of
Payments
(per year)
5
12
12
1
1
0
1
1
1
Time
(hours per
year)
40
40
0
0
12
1
47
514
594
Relevant Department
Federal Board of Revenue - Federal
PESSI - Federal
EOBI - Federal
Education cess
E&T - Provincial
Property tax
E&T - Provincial
Tax on interest
Professional tax
E&T - Provincial
Vehicle tax
E&T - Provincial
Fuel tax
Goods and sales tax (VAT)
Stamp duty
RECOMMENDATIONS
Number of taxes and frequency of paying taxes
must be reduced. Taxes may be paid quarterly
instead of every month.
All Para Tariffs must be merged in the main tariff.
Withholding Agents must be compensated for their
efforts.
Workers' Profit Participation Fund (WPPF) and
Workers Welfare Fund (WWF) should either be
merged in income tax or be given to industrial
associations to benefit their workers.
Electronic communication between taxpayers and
tax departments. Mandatory electronic filing and
online payment for all departments.
STAKEHOLDERS
Ministry of Finance
Ministry of Commerce
EOBI
PESSI
Chambers/associations/trade bodies
Lawyers
Chartered accountants
Banks
Stock brokers
State Bank
Ombudsmen
Factor 08
Economy
174
Border Compliance
Documentary
Compliance
Time
[hours]
Cost
[US$]
Time
[hours]
Cost
[US$]
Afghanistan
48
511
243
344
172
Bangladesh
100
408
147
225
21
Bhutan
59
50
133
India
109
413
41
102
137
Maldives
42
596
48
300
60
Nepal
64
226
19
85
169
Pakistan
79
426
62
307
90
Sri Lanka
43
366
76
58
Economy
174
Border Compliance
Documentary
Compliance
Time
[hours]
Cost
[USD]
Time
[hours]
Cost
[USD]
Afghanistan
96
850
336
900
172
Bangladesh
183
1294
144
370
21
Bhutan
110
50
133
India
287
574
63
145
137
Maldives
100
981
61
180
60
Nepal
30
156
48
80
169
Pakistan
141
957
153
786
90
Sri Lanka
72
300
58
283
RECOMMENDATIONS
STAKEHOLDERS
Customs Department, FBR
Pakistan Revenue Automation Pvt. Ltd. (PRAL)
Ministry of Commerce
Ministry of Finance
Port Authorities
International Air cargo
Importers
Exporters
Trade Bodies/Associations/Chambers
State Bank of Pakistan
Commercial Banks
Freight forwarders
Chartered Accountants
Factor - 9
Enforcing Contracts
Pakistan (151)
Vs.
Singapore (1)
Time
(Days)
Cost
(% of value of
claim)
Singapore
150
25.80%
Rep. Korea
230
10.30%
Lithuania
300
23.60%
Pakistan
151
993.20
23.0%
Procedure Comparison
Indicators
Singapore
Lahore,
Pakistan
1,025
60
600
118
Enforcement of Judgment
365
26
Cost (% of claim)
32
25.8
Attorney cost
15
20.9
Court cost
2.8
Enforcement cost
10
2.1
150
RECOMMENDATIONS
The Number of Judges should be increased in the
lower courts to facilitate speedy justice
The lower courts should automate their legal
process. The parties to a case should be able to
file, pay court fee and access their case history and
status online.
A Pretrial Conference mechanism should be
incorporated. In this conference both parties are
presented in front of the judge to discuss the issues
of the case, list of evidence, witnesses, tentative
timetable to dispose of the case and the settlement
of the case is looked into, to save time.
RECOMMENDATIONS (CONT.)
Adjournments (Order 17 of the Civil Procedure Code) should
be limited to only special circumstances. The parties of a
case should be heavily penalized after requesting the third
adjournment. A judge should not grant a date in a case
which exceeds a week from the previous hearing.
Judges should be given yearly targets to dispose of a case
and should be allocated a tentative time frame - depending
on the nature of a case.
All judgments should be enforced within a year and penalties
for non-compliance should be introduced.
Enforcement Agency should be identified and given authority
for automatic enforcement of judgment after the decree has
been issued.
STAKEHOLDERS
Factor 10
RESOLVING INSOLVENCY
PAKISTAN (94)
VS
FINLAND (1)
RANKING DETAIL
1. Recovery Rate
PAK
FIN
39.2
90.1
2.7
0.9
5.6
PAK
FIN
2.5
14.5
Total Score
RECOMMENDATIONS
The
bankruptcy
laws
should
allow
the
debtor/creditor to also file for reorganization instead
of only liquidation, whereby the debtor can propose
a reorganization plan in accordance with the
bankruptcy laws to keep the business alive and pay
creditors over time. An example is Chapter 11 in
USA.
The reorganization plan should allow the
continuation of contracts, supplying essential goods
and services to the debtor.
The reorganization plan should allow the debtor to
obtain credit after commencement of reorganization
proceedings.
RECOMMENDATIONS (CONT.)
The bankruptcy laws should ensure greater creditor
participation in bankruptcy proceedings by:
Requiring the approval by the creditors for
selection or appointment of the insolvency
representative.
Giving creditor the right to request information
from insolvency representative.
Giving creditors the right to object to decisions
related to creditors claims.
The debtor in possession may use, sell, or lease
property of the estate in the ordinary course of its
business, without prior approval, unless the court
orders otherwise.
STAKEHOLDERS
Government Departments
Lawyers
Labor department
Chartered accountants
Chambers/trade associations
Banking courts
Utility providers
FBR