92121 Doing Business 2015 Serbia Economy Profile 2015 Serbia Doing Business 2015 Serbia 2 © 2014 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org All rights reserved. 1 2 3 4 17 16 15 14 This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specifically reserved. This work is available under the Creative Commons Attribution 3.0 Unported license (CC BY 3.0) http://creativecommons.org/licenses/by/3.0/igo. Under the Creative Commons Attribution license, you are free to copy, distribute, transmit, and adapt this work, including for commercial purposes, under the following conditions: Attribution—Please cite the work as follows: World Bank. 2014. Doing Business 2015: Going Beyond Efficiency. Washington, DC: World Bank Group. DOI: 10.1596/978-1-4648-0351-2. License: Creative Commons Attribution CC BY 3.0 IGO Translations—If you create a translation of this work, please add the following disclaimer along with the attribution: This translation was not created by The World Bank and should not be considered an official World Bank translation. The World Bank shall not be liable for any content or error in this translation. Adaptations—If you create an adaptation of this work, please add the following disclaimer along with the attribution: This is an adaptation of an original work by The World Bank. Views and opinions expressed in the adaptation are the sole responsibility of the author or authors of the adaptation and are not endorsed by The World Bank. Third-party content—The World Bank does not necessarily own each component of the content contained within the work. The World Bank therefore does not warrant that the use of any third-party- owned individual component or part contained in the work will not infringe on the rights of those third parties. The risk of claims resulting from such infringement rests solely with you. If you wish to re-use a component of the work, it is your responsibility to determine whether permission is needed for that re-use and to obtain permission from the copyright owner. Examples of components can include, but are not limited to, tables, figures or images. All queries on rights and licenses should be addressed to the Publishing and Knowledge Division, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. ISBN (paper): 978-1-4648-0351-2 ISBN (electronic): 978-1-4648-0352-9 DOI: 10.1596/978-1-4648-0351-2 ISSN: 1729-2638 Cover design: Corporate Visions, Inc. Doing Business 2015 Serbia 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 6 Starting a business ..................................................................................................................... 16 Dealing with construction permits ........................................................................................... 26 Getting electricity ....................................................................................................................... 35 Registering property .................................................................................................................. 41 Getting credit .............................................................................................................................. 48 Protecting minority investors ................................................................................................... 55 Paying taxes ................................................................................................................................ 63 Trading across borders .............................................................................................................. 68 Enforcing contracts .................................................................................................................... 72 Resolving insolvency .................................................................................................................. 80 Labor market regulation ........................................................................................................... 85 Distance to frontier and ease of doing business ranking ...................................................... 92 Resources on the Doing Business website .............................................................................. 95 Doing Business 2015 Serbia 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is 1, 2014 (except for the paying taxes indicators, which for a local entrepreneur to open and run a small to cover the period January–December 2013). medium-size business when complying with relevant The Doing Business methodology has limitations. Other regulations. It measures and tracks changes in areas important to business—such as an economy’s regulations affecting 11 areas in the life cycle of a proximity to large markets, the quality of its business: starting a business, dealing with construction infrastructure services (other than those related to permits, getting electricity, registering property, getting trading across borders and getting electricity), the credit, protecting minority investors, paying taxes, security of property from theft and looting, the trading across borders, enforcing contracts, resolving transparency of government procurement, insolvency and labor market regulation. macroeconomic conditions or the underlying strength of In a series of annual reports Doing Business presents institutions—are not directly studied by Doing Business. quantitative indicators on business regulations and the The indicators refer to a specific type of business, protection of property rights that can be compared generally a local limited liability company operating in across 189 economies, from Afghanistan to Zimbabwe, the largest business city. Because standard assumptions over time. The data set covers 47 economies in Sub- are used in the data collection, comparisons and Saharan Africa, 32 in Latin America and the Caribbean, 25 benchmarks are valid across economies. The data not in East Asia and the Pacific, 26 in Eastern Europe and only highlight the extent of obstacles to doing business; Central Asia, 20 in the Middle East and North Africa and they also help identify the source of those obstacles, 8 in South Asia, as well as 31 OECD high-income supporting policy makers in designing regulatory reform. economies. The indicators are used to analyze economic More information is available in the full report. Doing outcomes and identify what reforms have worked, where Business 2015 presents the indicators, analyzes their and why. relationship with economic outcomes and presents This economy profile presents the Doing Business business regulatory reforms. The data, along with indicators for Serbia. To allow useful comparison, it also information on ordering Doing Business 2015, are provides data for other selected economies (comparator available on the Doing Business website at economies) for each indicator. The data in this report are http://www.doingbusiness.org. current as of June Doing Business 2015 Serbia 5 CHANGES IN DOING BUSINESS 2015 As part of a 2-year update in methodology, Doing Finally, the name of the employing workers indicator set Business 2015 incorporates 7 important changes. First, has been changed to labor market regulation, and the the ease of doing business ranking as well as all topic- scope of this indicator set has also been changed. The level rankings are now computed on the basis of indicators now focus on labor market regulation distance to frontier scores (see the chapter on the applying to the retail sector rather than the distance to frontier and ease of doing business ranking). manufacturing sector, and their coverage has been Second, for the 11 economies with a population of more expanded to include regulations on labor disputes and than 100 million, data for a second city have been added on benefits provided to workers. The labor market to the data set and the ranking calculation. These regulation indicators continue to be excluded from the economies are Bangladesh, Brazil, China, India, aggregate distance to frontier score and ranking on the Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian ease of doing business. Federation and the United States. Third, for getting Beyond these changes there are 3 other updates in credit, the methodology has been revised for both the methodology. For paying taxes, the financial statement strength of legal rights index and the depth of credit variables have been updated to be proportional to 2012 information index. The number of points has been income per capita; previously they were proportional to increased in both indices, from 10 to 12 for the strength 2005 income per capita. For enforcing contracts, the of legal rights index and from 6 to 8 for the depth of value of the claim is now set at twice the income per credit information index. In addition, only credit bureaus capita or $5,000, whichever is greater. For dealing with and registries that cover at least 5% of the adult construction permits, the cost of construction is now set population can receive a score on the depth of credit at 50 times income per capita (before, the cost was information index. assessed by the Doing Business respondents). In addition, Fourth, the name of the protecting investors indicator set this indicator set no longer includes the procedures for has been changed to protecting minority investors to obtaining a landline telephone connection. better reflect its scope—and the scope of the indicator For more details on the changes, see the “What is set has been expanded to include shareholders’ rights in changing in Doing Business?” chapter starting on page corporate governance beyond related-party transactions. 24 of the Doing Business 2015 report. For more details Fifth, the resolving insolvency indicator set has been on the data and methodology, please see the “Data expanded to include an index measuring the strength of Notes” chapter starting on page 114 of the Doing the legal framework for insolvency. Sixth, the calculation Business 2015 report. For more details on the distance to of the distance to frontier score for paying taxes has frontier metric, please see the “Distance to frontier and been changed. The total tax rate component now enters ease of doing business ranking” chapter in this profile. the score in a nonlinear fashion, in an approach different from that used for all other indicators (see the chapter on the distance to frontier and ease of doing business ranking). Doing Business 2015 Serbia 6 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy’s regulatory environment for business, a good place to start ECONOMY OVERVIEW is to find out how it compares with the regulatory environment in other economies. Doing Business provides an aggregate ranking on the ease of doing business Region: Europe & Central Asia based on indicator sets that measure and benchmark regulations applying to domestic small to medium-size Income category: Upper middle income businesses through their life cycle. Economies are ranked from 1 to 189 by the ease of doing business ranking. This Population: 7,163,976 year's report presents results for 2 aggregate measures: the distance to frontier score and the ease of doing GNI per capita (US$): 5,730 business ranking. The ranking of economies is determined by sorting the aggregate distance to frontier (DTF) scores. DB2015 rank: 91 The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute DB2014 rank: 77* distance to the best performance in each Doing Business Change in rank: -14 indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the DB 2015 DTF: 62.6 worst performance and 100 the frontier. (See the chapter on the distance to frontier and ease of doing business). DB 2014 DTF: 63.5 The 10 topics included in the ranking in Doing Business 2015: starting a business, dealing with construction Change in DTF: -0.9 permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading * DB2014 ranking shown is not last year’s published across borders, enforcing contracts and resolving ranking but a comparable ranking for DB2014 that insolvency. The labor market regulation indicators captures the effects of such factors as data (formerly employing workers) are not included in this corrections and the changes in methodology. See year’s aggregate ease of doing business ranking, but the the data notes starting on page 114 of the Doing data are presented in this year’s economy profile. Business 2015 report for sources and definitions. The aggregate ranking on the ease of doing business benchmarks each economy’s performance on the indicators against that of all other economies in the Doing Business sample (figure 1.1). While this ranking tells much about the business environment in an economy, it does not tell the whole story. The ranking on the ease of doing business, and the underlying indicators, do not measure all aspects of the business environment that matter to firms and investors or that affect the competitiveness of the economy. Still, a high ranking does mean that the government has created a regulatory environment conducive to operating a business. Doing Business 2015 Serbia THE BUSINESS ENVIRONMENT Figure 1.1 Where economies stand in the global ranking on the ease of doing business Source: Doing Business database. Doing Business 2015 Serbia THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy regional average (figure 1.2). The economy’s rankings stands in the aggregate ranking on the ease of doing (figure 1.3) and distance to frontier scores (figure 1.4) business is useful. Also useful is to know how it ranks on the topics included in the ease of doing business relative to comparator economies and relative to the ranking provide another perspective. Figure 1.2 How Serbia and comparator economies rank on the ease of doing business Note: The rankings are benchmarked to June 2014 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Source: Doing Business database. Doing Business 2015 Serbia 9 THE BUSINESS ENVIRONMENT Figure 1.3 Rankings on Doing Business topics - Serbia (Scale: Rank 189 center, Rank 1 outer edge) Figure 1.4 Distance to frontier scores on Doing Business topics - Serbia (Scale: Score 0 center, Score 100 outer edge) Note: The rankings are benchmarked to June 2014 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Source: Doing Business database. Doing Business 2015 Serbia 10 THE BUSINESS ENVIRONMENT Just as the overall ranking on the ease of doing business tells Doing Business introduced the distance to frontier score. This only part of the story, so do changes in that ranking. Yearly measure shows how far on average an economy is from the movements in rankings can provide some indication of best performance achieved by any economy on each Doing changes in an economy’s regulatory environment for firms, Business indicator. but they are always relative. Comparing the measure for an economy at 2 points in time Moreover, year-to-year changes in the overall rankings do allows users to assess how much the economy’s regulatory not reflect how the business regulatory environment in an environment as measured by Doing Business has changed economy has changed over time—or how it has changed in over time—how far it has moved toward (or away from) the different areas. To aid in assessing such changes, most efficient practices and strongest regulations in areas covered by Doing Business (figure 1.5). Figure 1.5 How far has Serbia come in the areas measured by Doing Business? Note: The distance to frontier score shows how far on average an economy is from the best performance achieved by any economy on each Doing Business indicator since 2010, except for getting credit, paying taxes, protecting minority investors and resolving insolvency which had methodology changes in 2014 and thus are only comparable to 2013. The measure is normalized to range between 0 and 100, with 100 representing the best performance (the frontier). See the data notes starting on page 114 of the Doing Business 2015 report for more details on the distance to frontier score. Source: Doing Business database. Doing Business 2015 Serbia 11 THE BUSINESS ENVIRONMENT The absolute values of the indicators tell another part of regulation—such as a regulatory process that can be the story (table 1.1). The indicators, on their own or in completed with a small number of procedures in a few comparison with the indicators of a good practice days and at a low cost. Comparison of the economy’s economy or those of comparator economies in the indicators today with those in the previous year may region, may reveal bottlenecks reflected in large numbers show where substantial bottlenecks persist—and where of procedures, long delays or high costs. Or they may they are diminishing. reveal unexpected strengths in an area of business Table 1.1 Summary of Doing Business indicators for Serbia Slovak Republic DB2015 Best performer globally Romania DB2015 Hungary DB2015 Bulgaria DB2015 Croatia DB2015 Greece DB2015 Indicator Serbia DB2015 Serbia DB2014 DB2015 Starting a Business 66 63 49 88 52 57 38 77 New Zealand (1) (rank) Starting a Business (DTF 88.91 88.86 91.09 85.43 90.71 90.04 91.93 87.02 New Zealand (99.96) Score) Procedures (number) 6.0 6.0 4.0 7.0 5.0 4.0 5.0 7.0 New Zealand (1.0)* Time (days) 12.0 12.0 18.0 15.0 13.0 5.0 8.0 11.5 New Zealand (0.5) Cost (% of income per 6.8 7.2 0.8 3.5 2.2 8.3 2.1 1.5 Slovenia (0.0) capita) Paid-in min. capital (% 0.0 0.0 0.0 26.6 0.0 54.0 0.7 19.2 112 Economies (0.0)* of income per capita) Dealing with Hong Kong SAR, Construction Permits 186 184 101 178 88 103 140 110 China (1) (rank) Dealing with Hong Kong SAR, Construction Permits 29.14 28.75 69.85 44.97 72.31 69.37 62.17 68.19 China (95.53) (DTF Score) Doing Business 2015 Serbia 12 Slovak Republic DB2015 Best performer globally Romania DB2015 Hungary DB2015 Bulgaria DB2015 Croatia DB2015 Greece DB2015 Indicator Serbia DB2015 Serbia DB2014 DB2015 Hong Kong SAR, Procedures (number) 16.0 16.0 16.0 21.0 18.0 23.0 14.0 10.0 China (5.0) Time (days) 264.0 268.0 110.0 188.0 124.0 91.0 255.0 286.0 Singapore (26.0) Cost (% of warehouse 25.7 28.6 4.5 10.9 0.6 0.2 2.3 0.1 Qatar (0.0)* value) Getting Electricity 84 77 125 59 80 162 171 100 Korea, Rep. (1) (rank) Getting Electricity (DTF 76.20 75.99 65.78 80.05 76.67 55.10 46.03 72.71 Korea, Rep. (99.83) Score) Procedures (number) 4.0 4.0 6.0 5.0 6.0 5.0 7.0 5.0 12 Economies (3.0)* Time (days) 131.0 131.0 130.0 70.0 62.0 252.0 223.0 128.0 Korea, Rep. (18.0)* Cost (% of income per 454.9 505.6 320.4 316.7 69.7 111.5 496.1 56.9 Japan (0.0) capita) Registering Property 72 48 57 92 116 52 63 11 Georgia (1) (rank) Registering Property 71.64 78.36 75.36 66.44 61.16 78.04 74.39 91.88 Georgia (99.88) (DTF Score) Procedures (number) 6.0 6.0 7.0 5.0 10.0 4.0 8.0 3.0 4 Economies (1.0)* Time (days) 54.0 11.0 10.0 72.0 20.0 16.5 19.0 16.5 3 Economies (1.0)* Cost (% of property 2.7 2.8 2.9 5.0 4.9 5.0 1.5 0.0 4 Economies (0.0)* value) Getting Credit (rank) 52 45 23 61 71 17 7 36 New Zealand (1) Getting Credit (DTF 60.00 60.00 70.00 55.00 50.00 75.00 85.00 65.00 New Zealand (100) Score) Strength of legal rights 5 5 9 5 3 10 10 7 3 Economies (12)* index (0-12) Doing Business 2015 Serbia 13 Slovak Republic DB2015 Best performer globally Romania DB2015 Hungary DB2015 Bulgaria DB2015 Croatia DB2015 Greece DB2015 Indicator Serbia DB2015 Serbia DB2014 DB2015 Depth of credit 7 7 5 6 7 5 7 6 23 Economies (8)* information index (0-8) Credit registry coverage 0.0 0.0 62.9 0.0 0.0 0.0 12.3 2.8 Portugal (100.0) (% of adults) Credit bureau coverage 100.0 100.0 0.0 100.0 82.5 74.6 46.6 65.7 23 Economies (100.0)* (% of adults) Protecting Minority 32 32 14 62 62 110 40 100 New Zealand (1) Investors (rank) Protecting Minority 63.33 63.33 68.33 57.50 57.50 47.50 61.67 50.83 New Zealand (81.67) Investors (DTF Score) Extent of conflict of interest regulation 5.7 5.7 6.3 5.0 5.3 4.0 6.3 4.7 Singapore (9.3)* index (0-10) Extent of shareholder governance index (0- 7.0 7.0 7.3 6.5 6.2 5.5 6.0 5.5 France (7.8)* 10) Strength of minority investor protection 6.3 6.3 6.8 5.8 5.8 4.8 6.2 5.1 New Zealand (8.2) index (0-10) United Arab Emirates Paying Taxes (rank) 165 162 89 36 59 88 52 100 (1)* Paying Taxes (DTF United Arab Emirates 48.90 51.49 73.18 82.92 78.30 73.27 80.09 71.57 Score) (99.44)* Payments (number per Hong Kong SAR, 67.0 67.0 13.0 19.0 8.0 11.0 14.0 20.0 year) China (3.0)* Time (hours per year) 279.0 279.0 454.0 208.0 193.0 277.0 159.0 207.0 Luxembourg (55.0) Trading Across Borders 96 94 57 86 48 72 65 71 Singapore (1) (rank) Trading Across Borders 72.13 72.48 78.34 74.25 80.80 76.48 77.23 76.49 Singapore (96.47) Doing Business 2015 Serbia 14 Slovak Republic DB2015 Best performer globally Romania DB2015 Hungary DB2015 Bulgaria DB2015 Croatia DB2015 Greece DB2015 Indicator Serbia DB2015 Serbia DB2014 DB2015 (DTF Score) Documents to export 6 6 4 6 4 6 5 5 Ireland (2)* (number) Time to export (days) 12.0 12.0 18.0 16.0 15.0 17.0 13.0 16.0 5 Economies (6.0)* Cost to export (US$ per 1,635.0 1,455.0 1,375.0 1,335.0 1,040.0 885.0 1,485.0 1,525.0 Timor-Leste (410.0) container) Cost to export (deflated 1,635.0 1,559.4 1,375.0 1,335.0 1,040.0 885.0 1,485.0 1,525.0 US$ per container) Documents to import 7 7 5 7 6 6 6 5 Ireland (2)* (number) Time to import (days) 15.0 15.0 17.0 14.0 14.0 19.0 13.0 16.0 Singapore (4.0) Cost to import (US$ per 1,910.0 1,760.0 1,365.0 1,185.0 1,135.0 845.0 1,495.0 1,505.0 Singapore (440.0) container) Cost to import (deflated 1,910.0 1,886.3 1,365.0 1,185.0 1,135.0 845.0 1,495.0 1,505.0 US$ per container) Enforcing Contracts 96 96 75 54 155 20 51 55 Singapore (1) (rank) Enforcing Contracts 57.59 57.59 61.27 64.81 43.60 73.36 64.95 64.68 Singapore (89.54) (DTF Score) Time (days) 635.0 635.0 564.0 572.0 1,580.0 395.0 512.0 545.0 Singapore (150.0) Cost (% of claim) 34.0 34.0 23.8 13.8 14.4 15.0 28.9 30.0 Iceland (9.0) Procedures (number) 36.0 36.0 38.0 38.0 38.0 34.0 34.0 33.0 Singapore (21.0)* Resolving Insolvency 48 47 38 56 52 64 46 31 Finland (1) (rank) Resolving Insolvency 57.90 57.81 64.75 53.92 55.98 49.78 58.70 69.93 Finland (93.85) (DTF Score) Doing Business 2015 Serbia 15 Slovak Republic DB2015 Best performer globally Romania DB2015 Hungary DB2015 Bulgaria DB2015 Croatia DB2015 Greece DB2015 Indicator Serbia DB2015 Serbia DB2014 DB2015 Time (years) 2.0 3.3 3.1 3.5 2.0 3.3 4.0 Ireland (0.4) Cost (% of estate) 20.0 20.0 9.0 14.5 9.0 14.5 10.5 18.0 Norway (1.0) Outcome (0 as piecemeal sale and 1 as 0 0 0 0 0 0 0 1 going concern) Recovery rate (cents on 29.2 29.0 33.2 30.5 34.3 40.2 30.7 54.4 Japan (92.9) the dollar) Strength of insolvency 13.5 13.5 15.0 12.0 12.0 9.0 13.5 13.0 5 Economies (15.0)* framework index (0-16) Note: DB2014 rankings shown are not last year’s published rankings but comparable rankings for DB2014 that capture the effects of s uch factors as data corrections and changes to the methodology. Trading across borders deflated and non-deflated values are identical in DB2015 because it is defined as the base year for the deflator. The best performer on time for paying taxes is defined as the lowest time recorded among all economies in the DB2015 sample that levy the 3 major taxes: profit tax, labor taxes and mandatory contributions, and VAT or sales tax. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a “no practice” mark. Similarly, an economy receives a “no practice” or “not possible” mark if regulation exists but is never used in practice or if a competing regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the ranking on the relevant indicator. * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Source: Doing Business database. Doing Business 2015 Serbia 16 STARTING A BUSINESS Formal registration of companies has many WHAT THE STARTING A BUSINESS immediate benefits for the companies and for business owners and employees. Legal entities can INDICATORS MEASURE outlive their founders. Resources are pooled as several shareholders join forces to start a company. Procedures to legally start and operate a Formally registered companies have access to company (number) services and institutions from courts to banks as well Preregistration (for example, name as to new markets. And their employees can benefit verification or reservation, notarization) from protections provided by the law. An additional benefit comes with limited liability companies. These Registration in the economy’s largest limit the financial liability of company owners to their business city 1 investments, so personal assets of the owners are not Postregistration (for example, social security put at risk. Where governments make registration registration, company seal) easy, more entrepreneurs start businesses in the formal sector, creating more good jobs and Time required to complete each procedure generating more revenue for the government. (calendar days) What do the indicators cover? Does not include time spent gathering information Doing Business measures the ease of starting a business in an economy by recording all procedures Each procedure starts on a separate day (2 officially required or commonly done in practice by procedures cannot start on the same day). an entrepreneur to start up and formally operate an Procedures that can be fully completed industrial or commercial business—as well as the online are recorded as ½ day. time and cost required to complete these procedures. Procedure completed once final document is It also records the paid-in minimum capital that received companies must deposit before registration (or within 3 months). The ranking of economies on the No prior contact with officials ease of starting a business is determined by sorting Cost required to complete each procedure their distance to frontier scores for starting a (% of income per capita) business. These scores are the simple average of the distance to frontier scores for each of the component Official costs only, no bribes indicators. No professional fees unless services required To make the data comparable across economies, by law Doing Business uses several assumptions about the Paid-in minimum capital (% of income business and the procedures. It assumes that all per capita) information is readily available to the entrepreneur and that there has been no prior contact with Deposited in a bank or with a notary before officials. It also assumes that the entrepreneur will registration (or within 3 months) pay no bribes. And it assumes that the business:  Is a limited liability company, located in the  Has a start-up capital of 10 times income per largest business city and is 100% domestically capita. owned . 1  Has a turnover of at least 100 times income per  Has between 10 and 50 employees. capita.  Conducts general commercial or industrial  Does not qualify for any special benefits. activities.  Does not own real estate. 1 For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2015 Serbia 17 STARTING A BUSINESS Where does the economy stand today? What does it take to start a business in Serbia? largest business city of an economy, except for 11 According to data collected by Doing Business, starting a economies for which the data are a population-weighted business there requires 6.0 procedures, takes 12.0 days, average of the 2 largest business cities. See the chapter costs 6.8% of income per capita and requires paid-in on distance to frontier and ease of doing business minimum capital of 0.0% of income per capita (figure ranking at the end of this profile for more details. 2.1). Most indicator sets refer to a case scenario in the Figure 2.1 What it takes to start a business in Serbia - Paid-in minimum capital (% of income per capita): 0.0 Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the starting a business indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Serbia 18 STARTING A BUSINESS Globally, Serbia stands at 66 in the ranking of 189 average ranking provide other useful information for economies on the ease of starting a business (figure 2.2). assessing how easy it is for an entrepreneur in Serbia to The rankings for comparator economies and the regional start a business. Figure 2.2 How Serbia and comparator economies rank on the ease of starting a business Source: Doing Business database. Doing Business 2015 Serbia 19 STARTING A BUSINESS Economies around the world have taken steps making it they often are part of a larger regulatory reform easier to start a business—streamlining procedures by program. Among the benefits have been greater firm setting up a one-stop shop, making procedures simpler satisfaction and savings and more registered businesses, or faster by introducing technology and reducing or financial resources and job opportunities. eliminating minimum capital requirements. Many have What business registration reforms has Doing Business undertaken business registration reforms in stages—and recorded in Serbia (table 2.1)? Table 2.1 How has Serbia made starting a business easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Serbia made starting a business easier by creating a one-stop DB2010 shop for company registration. Serbia made starting a business easier by eliminating the paid- DB2013 in minimum capital requirement. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Serbia 20 STARTING A BUSINESS What are the details? Underlying the indicators shown in this chapter for STANDARDIZED COMPANY Serbia is a set of specific procedures—the bureaucratic and legal steps that an entrepreneur must complete to incorporate and register a new Legal form: Društvo sa ograničenom firm. These are identified by Doing Business through odgovornošću (DOO) - Limited Liability collaboration with relevant local professionals and Company the study of laws, regulations and publicly available information on business entry in that economy. Paid in minimum capital requirement: RSD 0 Following is a detailed summary of those procedures, City: Belgrade along with the associated time and cost. These procedures are those that apply to a company Start-up Capital: 10 times GNI per capita matching the standard assumptions (the “standardized company”) used by Doing Business in collecting the data (see the section in this chapter on what the indicators measure). Table 2.2 Summary of time, cost and procedures for starting a business in Serbia - Time to No. Procedure Cost to complete complete Notarize the memorandum of association at the Basic Court or at the Municipality The founders shall notarize 3 copies of agreement on foundation of the company before the Basic Court, and provide Serbian Business Registers Agency (hereinafter the ""SBRA"") with one notarized copy, among other documents, according to the Article 10 of the new Rulebook on the Contents of the Register of Business Entities and the Documentation Needed for Registration (“The Official Gazette of the Republic of Serbia”, no. 6/2012). The lease agreement shall be submitted to Tax Administration. The notarization costs depend on The Law on Court Taxes (Zakon o sudskim taksama, ""Official Gazette of the amount of basic 1 the Republic of Serbia"", Nos. 28/94, 53/95, 16/97, 34/2001, 9/2002, 1 day capital and the 29/2004, 61/2005, 116/2008, 31/2009, 101/2011 and 93/2012) value of the lease prescribes the following fees depending on the contract value: contract. • up to RSD 10,000: fee is RSD 980; • from RSD 10,000 to RSD 100,000: fee is RSD 980 plus 1% of the contract value; • from RSD 100,000 to RSD 1,000,000: fee is RSD 2,900 plus 0,5% of the contract value; and • over RSD 1,000,000: fee is RSD 12,600 plus 0,25% of the contract value; Note that the fee may not exceed RSD 39,000. In addition, the following fees will be charged in the process of incorporation of the company: • RSD 70 for the request for certification of the document; Doing Business 2015 Serbia 21 Time to No. Procedure Cost to complete complete • RSD 160 for certification of the signatures of the authorized representatives (OP obrazac); and • RSD 490 for signature certification on the Power of Attorney. Agency: Basic Court Open a bank account and pay registration fees The registration fees must be paid at a commercial bank. The proof of payment is required at the moment of registration with the Serbian Business Registration Agency. The fees are the following: RSD 4.900,00 – the administrative fee for foundation of a limited liability company + RSD 1.000,00 – fee for registration and publication of the Incorporation Act. The Company Law does not provide for the minimum amount of the company's initial capital that needs to be paid-in until the company's registration with the SBRA. However, in case the Foundation Act prescribes that the relevant amount of the capital contribution is going to be paid until the company's registration, the temporary bank account should be opened with the commercial bank. Otherwise, once the company is registered with the SBRA, the capital contribution will be paid-in directly to the company's permanent bank account. RSD 5,900 (RSD 2 1 day 4,900 + RSD 1,000) In order to open the temporary bank account, the bank must be provided with (i) a certified copy of the company's Foundation Act (decision or contract), and (ii) a bank's application form. In order to open the permanent bank account, the bank is generally provided with the following documents: • Request for opening of the permanent bank account (original); • Specimen signatures card (original); • Contract on opening and maintaining of a RSD/foreign currency account (original); • The company’s excerpt from the SBRA, not older than three months (original or certified copy); • Certificate on the tax identification number, issued by the Tax Authority (copy); • Certified signatures of the persons authorized to dispose with the funds (original or certified copy); and • Passport or ID card of the persons authorized to dispose with the funds (copy). Agency: Bank Doing Business 2015 Serbia 22 Time to No. Procedure Cost to complete complete Apply and obtain the registration certificate, tax identification number, pension fund (PIO Fund)and Health Fund certificates, certify the signatures (three copies) for opening bank account According to the Rulebook on Issuing of Tax Identification Number for Legal Entities, Entrepreneurs and Other Entities Registered with the Business Registers Agency (Pravilnik o dodeli poreskog identifikacionog broja pravnim licima, preduzetnicima i drugim subjektima za čiju je registraciju nadležna Agencija za privredne registre, ""Official Gazette of the Republic of Serbia"", Nos. 32/2009, 70/2010 and 6/2012), the Serbian Business Registers Agency provides the company with the certificate on the tax identification number (issued by the Tax Authority) together with the certificate on registration of the company with the Serbian Business Registers Agency. If the conditions for granting and determination of the tax identification number are not fulfilled, the company will be registered with the Serbian Business Registers Agency and referred to the Tax Authority for obtaining the tax identification number. Upon receiving the required authorization in the application for the company’s registration, the Serbian Business Registers Agency: (i) forwards to the competent Pension and Disability Insurance Fund the application for insurance, on behalf of the founders who state in their application that they will not be employed in the company, and an application for registration of commencement of the company’s 3 business activity; and 3 days no charge (ii) forwards to the Republic Health Insurance Fund the necessary data for registration of a payer of health insurance. If the requirements for registration of a payer of health insurance with the Republic Health Insurance Fund are not fulfilled, the company will be registered with the Serbian Business Registers Agency and referred to the Republic Health Insurance Fund for the registration as a payer of health insurance. In order to register the company with the SBRA, the following documents need to be submitted: - Application form (can be downloaded free of charge from the official web page of the SBRA www.apr.gov.rs); - Foundation Act with certified signatures of the company's founders (shareholders); - Proof of identity of the company's founders (if the founder is natural person: for Serbian nationals – photocopy of personal ID card, and for foreign nationals – photocopy of passport; if the founder is legal entity: original extract from the commercial registry); - Decision on Appointment of Representatives (if the representatives are not specified in the Foundation Act); - OP form, i.e. certified signature of each representative (the OP form can be downloaded free of charge from the official web page of the SBRA www.apr.gov.rs); - Bank confirmation of the payment of the contribution in cash if the contribution is payable prior to incorporation, i.e., founders’ agreement on the appraisal of the value of contribution in kind if the contribution Doing Business 2015 Serbia 23 Time to No. Procedure Cost to complete complete is made to the company prior to incorporation; - Proof of payment of the registration fee; and - Power of Attorney (if an attorney files the registration). Documents in a foreign language must be accompanied by their translation into Serbian, certified by a certified court interpreter. Under the Law on Procedure of Registration with the Business Registers Agency (Zakon o postupku registracije u Agenciji za privredne registre, ""Official Gazette of the Republic of Serbia"", No. 99/2011), the Serbian Business Registers Agency must issue its decision on registration within 5 (five) days from the date of receipt of the application for registration. The company’s registration will be published on the official web-page of the Serbian Business Registers Agency. Agency: Serbian Business Registers Agency SBRA Make Stamp and seal Although use of the stamp is not mandatory under the new Companies Act, a majority of the companies in Serbia are still using the stamps in their business operations. In addition, contrary to the provisions of the new law, some authorities still require the stamps to be affixed on business letters/documents of the companies. RSD 1,660 - RSD 4 1 day Companies can obtain a company stamp and seal in 1–2 days for a fee 2,800 of RSD 1,500 to RSD 4,000, depending on the number of words, design, and the like. Agency: Sealmaker Register with local tax authority Following the company’s registration with the SBRA, the company is obligated to register with the relevant organizational unit of the Tax Authority based on the company’s registered address. The copies of the following documents are generally submitted: • Certificate on registration of the company, issued by the SBRA; • Certificate on the tax identification number, issued by the Tax Authority; 5 • Contract on opening and maintaining of the permanent bank account; 5 days no charge • Specimen signatures card; • Certified signatures of the representatives (OP obrazac); • Contract concluded with the bookkeeping agency; • Lease contract; • Employment contract with the general manager or founder; • Statement on employees; • Statement on the company’s funds; • Statement on retail and wholesale shops and warehouse; • Application for VAT (ПППДВ form which can be downloaded free of charge from the official web-page of the Tax Authority Doing Business 2015 Serbia 24 Time to No. Procedure Cost to complete complete www.poreskauprava.gov.rs). According to the Value Added Tax Law (Zakon o porezu na dodatu vrednost, ""Official Gazette of the Republic of Serbia"", Nos. 84/2004, 86/2004, 61/2005, 61/2007, 93/2012 and 108/2013), if the company estimates that its turnover in the next 12 months will exceed RSD 8,000,000, the company is obligated to register for VAT; and • Application for determination of the income tax (ПДП form which can be downloaded free of charge from the official web-page of the Tax Authority www.poreskauprava.gov.rs). The above mentioned documents should be submitted to the Tax authority within 15 days from the date of the company's registration with the SBRA. Agency: Tax Authority Register the employment contracts with the Employment Organization/Fund The new and old forms M1 are replaced by the form M, which includes employee's application for registration from social insurance, health care insurance and insurance against unemployment (application may be downloaded online from the website http://www.pio.rs). The collective application for insurance of the employees is no longer a practice, and the form M shall be submitted for each employee by the employer. Pursuant to the Regulation on Unique Application for Mandatory Social Insurance (Uredba o sadržini, obrascu i načinu podnošenja jedinstvene prijave na obavezno socijalno osiguranje, jedinstvenim metodološkim principima i jedinstvenom kodeksu šifara za unos podataka u jedinstvenu bazu centralnog registra obaveznog socijalnog osiguranja, "Official Gazette of the Republic of Serbia", Nos. 54/2010 and 1 day no charge 6 124/2012), which is applicable as of 1 October 2010, the company, as an employer, is obligated to submit the following documents for registration of each employee either to the Republic Health Insurance Fund or Pension and Disability Insurance Fund: • Unique application form M (which can be downloaded free of charge from the official web-page of the Republic Health Insurance Fund www.rzzo.rs); • Employment contract; • Work booklet; • ID card; and • Old medical care booklet (if applicable). In addition, under the Law on Employment and Insurance in Case of Unemployment (Zakon o zapošljavanju i osiguranju za slučaj nezaposlenosti, "Official Gazette of the Republic of Serbia", Nos. 36/2009 and 88/2010), the employer is obligated to submit application on vacancy for working place to the National Employment Office. Doing Business 2015 Serbia 25 Time to No. Procedure Cost to complete complete Agency: Employment Organization/Fund * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Serbia 26 DEALING WITH CONSTRUCTION PERMITS Regulation of construction is critical to protect the WHAT THE DEALING WITH CONSTRUCTION public. But it needs to be efficient, to avoid excessive PERMITS INDICATORS MEASURE constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in time and money, Procedures to legally build a warehouse many builders opt out. They may pay bribes to pass (number) inspections or simply build illegally, leading to Submitting all relevant documents and hazardous construction that puts public safety at risk. obtaining all necessary clearances, licenses, Where compliance is simple, straightforward and permits and certificates inexpensive, everyone is better off. Submitting all required notifications and What do the indicators cover? receiving all necessary inspections Doing Business records the procedures, time and cost Obtaining utility connections for water and for a business in the construction industry to obtain sewerage all the necessary approvals to build a warehouse in Registering the warehouse after its the economy’s largest business city, connect it to completion (if required for use as collateral or basic utilities and register the warehouse so that it for transfer of the warehouse) can be used as collateral or transferred to another Time required to complete each procedure entity. (calendar days) The ranking of economies on the ease of dealing with Does not include time spent gathering construction permits is determined by sorting their information distance to frontier scores for dealing with Each procedure starts on a separate day. construction permits. These scores are the simple Procedures that can be fully completed online average of the distance to frontier scores for each of are recorded as ½ day. the component indicators. Procedure considered completed once final To make the data comparable across economies, document is received Doing Business uses several assumptions about the business and the warehouse, including the utility No prior contact with officials connections. Cost required to complete each procedure (% The business: of warehouse value) Official costs only, no bribes  Is a limited liability company operating in the construction business and located in  Will have complete architectural and the largest business city. For the 11 technical plans prepared by a licensed economies with a population of more than architect or engineer. 100 million, data for a second city have  Will be connected to water and sewerage been added. Is domestically owned and (sewage system, septic tank or their operated. equivalent). The connection to each utility  Has 60 builders and other employees. network will be 150 meters (492 feet) long. The warehouse:  Will be used for general storage, such as of books or stationery (not for goods requiring  Is valued at 50 times income per capita. special conditions).  Is a new construction (there was no  Will take 30 weeks to construct (excluding all previous construction on the land). delays due to administrative and regulatory requirements). Doing Business 2015 Serbia 27 DEALING WITH CONSTRUCTION PERMITS Where does the economy stand today? What does it take to comply with the formalities to build business city of an economy, except for 11 economies for a warehouse in Serbia? According to data collected by which the data are a population-weighted average of the Doing Business, dealing with construction permits there 2 largest business cities. See the chapter on distance to requires 16.0 procedures, takes 264.0 days and costs frontier and ease of doing business ranking at the end of 25.7% of the warehouse value (figure 3.1). Most this profile for more details. indicator sets refer to a case scenario in the largest Figure 3.1 What it takes to comply with formalities to build a warehouse in Serbia - Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the dealing with construction permits indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Serbia 28 DEALING WITH CONSTRUCTION PERMITS Globally, Serbia stands at 186 in the ranking of 189 economies and the regional average ranking provide economies on the ease of dealing with construction other useful information for assessing how easy it is for permits (figure 3.2). The rankings for comparator an entrepreneur in Serbia to legally build a warehouse. Figure 3.2 How Serbia and comparator economies rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2015 Serbia 29 DEALING WITH CONSTRUCTION PERMITS What are the details? The indicators reported here for Serbia are based on BUILDING A WAREHOUSE a set of specific procedures—the steps that a company must complete to legally build a warehouse—identified by Doing Business through Estimated cost of information collected from experts in construction RSD 24,567,296 construction : licensing, including architects, civil engineers, construction lawyers, construction firms, utility City : Belgrade service providers and public officials who deal with building regulations. These procedures are those The procedures, along with the associated time and cost, that apply to a company and structure matching the are summarized below. standard assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). Table 3.2 Summary of time, cost and procedures for dealing with construction permits in Serbia - Time to No. Procedure Cost to complete complete Request and obtain proof of ownership of the construction land Proof of ownership is provided by the Republic Geodesy Institute - Real Estate Cadaster. The fee can range from RSD 1,300 to RSD 2,000 (the price depends on the number of pages). 2 days RSD 1,500 1 Agency: Republic Geodesy Institute Request and obtain location permit from the Secretariat of Urban Planning and Construction of the City of Belgrade The location permit includes the conditions and data necessary for the preparation of construction documents, such as: • Data on the Investor • Number and surface area of the land registry lot • Rules of building construction • Conditions for connecting to a roadway, utility or other infrastructure • Data on existing facilities which need to be removed • Other conditions in compliance with special laws In other to obtain the location permit, the investor is required to submit 15 days RSD 32,130 2 the following documents: • A copy of the cadastral plan for the relevant land plot • Excerpt from the land registry of underground installations • Proof of ownership The request must include information on the type and purpose of the planned building including any relevant technical characteristics. The Municipality will check if the planned building can be built on the particular land plot by the particular investor (i.e. if the investor holds appropriate title to that land plot). Also, zoning conditions for the relevant land plot have to be compliant with zoning conditions for the wider surrounding area. Doing Business 2015 Serbia 30 Time to No. Procedure Cost to complete complete If the planning documents do not include all the conditions and data for the preparation of the technical documents, the responsible agency will acquire them in the line of duty, at the expense of the investor. Agencies (i.e. organizations authorized to issue such conditions and data) are obliged to act within 30 days following the request of the responsible agency. Agency: Secretariat for Urban Planning and Construction of the City of Belgrade Request and obtain main construction project clearance from the water and sewerage authority Preparation of the conditions regarding water and sewerage service costs RSD 70,500.00; consent (clearance) costs RSD 44,000.00; and connection to the public network costs RSD 45,000.00. These figures cover the costs of connection. 3 60 days RSD 114,500 The time limit for issuing the technical project clearances from various authorities is 30 days, concurrently. However, in practice it takes much longer and requires various follow-ups from applicants. Agency: JKP Vodovod i Kanalizacija * Request and obtain main construction project clearance from the Labor Inspection Unit at the Department for Safety at Work The time limit for issuing the technical project clearances from various authorities is 30 days, concurrently. However, in practice it takes much 60 days RSD 2,000 4 longer and requires various follow-ups from applicants. Agency: Department for Safety at Work * Request and obtain main construction project clearance from the heating authority The building authority will not approve the project without a clearance from the heating authority. The time limit for issuing the technical project clearances from various 45 days RSD 12,500 5 authorities is 30 days, concurrently. However, in practice it takes much longer and requires various follow-ups from applicants. Agency: JKP Beogradske Elektrane Doing Business 2015 Serbia 31 Time to No. Procedure Cost to complete complete * Request and obtain main construction project clearance from the traffic authority According to information provided by the traffic authority, this clearance can be obtained within 30 days at a cost of RSD 5,900.00. The time limit for issuing the technical project clearances from various 60 days RSD 5,900 6 authorities is 30 days, concurrently. However, in practice it takes much longer and requires various follow-ups from applicants. Agency: Traffic Authority Request and obtain building permit Since December 31, 2008, by the Statute of City of Belgrade, municipalities only handle building permits for projects below 800 sq. m. This particular reform made the different districts of Belgrade more equal and defined the types of activities that are handled by the City versus the municipal offices. Every building above 800 sq. m. is now handled by the City of Belgrade Secretariat for Urbanism and Construction Affairs (Sekretarijat za urbanizam i građevinske poslove). A request for a building permit should be submitted to the Secretariat for Urbanism and Construction Affairs of Belgrade City Municipality in charge of the territory on which the building plot is situated, along with the following documentation: 7 • Extracts from the urban plan issued within 6 months before the filing 90 days RSD 450 of the request for a building permit • Preliminary design project plan that conforms to the urban plan mentioned above • Evidence of the ownership status or rental status of the building plot Although, the law stipulates the time limit of 15 days, the Construction Department of Municipality of Belgrade takes on average anywhere between 2 -- 6 months, and sometimes even more. Agency: Secretariat for Urbanism and Construction Affairs of Belgrade City Municipality * Request and obtain technical control of the main project A duly licensed company other than the one that furnished the main construction project plan must verify whether the main construction project has been made in accordance with the law and with the technical standards, and whether it has all necessary clearances 10 days RSD 92,071 8 described in the previous procedures. The main construction project must be certified and stamped to that effect. Agency: Licensed Company Doing Business 2015 Serbia 32 Time to No. Procedure Cost to complete complete Notify and obtain approval for commencement of works from the Secretariat for Urbanism and Construction Affairs and pay the city building land tax The start of construction activities must be reported to the Municipality at least 8 days before commencement. The notification must be accompanied by all necessary documentation described in the previous procedures, including the main construction project design and description of the equipment to be used which must be certified by the municipality within 8 days of submission. After this certification has been obtained, construction may commence. 9 The company must pay the land usage tax that is charged by the City 1 day RSD 5,379,282 Building Directorate and varies from EUR 50.00 to EUR 60.00 per sq. m. of the building plot. Construction activities cannot begin before this fee is paid. Proof of payment of this fee (if not agreed otherwise with the City Building Directorate) is submitted to the Municipality along with the other documents mentioned above, which are submitted as attachments to the notification to the Municipality. Agency: Secretariat for Urbanism and Construction Affairs of Belgrade City Municipality Hire independent expert supervisor for construction works Expert supervision of the construction must be provided during the entire period of construction by a licensed independent engineer. This person cannot be affiliated with BuildCo. The expert supervisor visits 1 day RSD 455,000 10 the site once a week on average. Agency: Independent Expert Supervisor Request and obtain consent regarding the connection of the plot of land to the nearest public road BuildCo must undertake this procedure should it require access to or 11 use of the nearest public road. 30 days RSD 61,000 Agency: Public Roads Authority * Request and obtain consent regarding regulations on environmental protection 12 30 days RSD 80,000 Agency: Srbijavode Doing Business 2015 Serbia 33 Time to No. Procedure Cost to complete complete * Request and obtain water and sewerage connection 13 10 days RSD 45,000 Agency: JP Vodovod-Kanalizacija d.o.o Request technical examination of the building from the Municipality Commission After all construction work has been completed, a Municipal Commission examines whether the constructed building complies with the issued building permit, all applicable laws and regulations, and technical standards. The municipality issues the use permit within 7 days after the commission responsible for the technical examination reports that the building is suitable for use. The Municipal Commission does not issue the usage permit if the building is not in compliance with technical standards and technical 14 documentation. Instead, it orders BuildCo to correct all irregularities 1 day RSD 120 and, after re-examining the building, it issues the usage permit. If the irregularities cannot be fixed and use of the building is deemed to be dangerous, the Commission orders the demolition of the building. The City of Belgrade's administrative tax (the cost to complete this procedure) is now RSD 120.00. Agency: Secretariat for Urbanism and Construction Affairs of Belgrade City Municipality Obtain usage permit BuildCo must submit a formal request along with the building and the usage permit to register the building at the Republic Geodesy Institute. Article 125 of the Law on Planning and Construction provides for a time limit of 7 days for this permit to be issued following the issuance of technical examination. However, there is no time-limit for the 15 Commission to perform the technical examination. In practice, it may 15 days RSD 25,686 take up to 6 months for the Commission to convene and issue its decision. Agency: Secretariat for Urbanism and Construction Affairs of Belgrade City Municipality Register the building If there is a cadastral register in the area where the warehouse was constructed, the company should register the building in the cadastral 16 registry. Otherwise, the building should be registered in the land books. 45 days RSD 4,000 Agency: Republic Geodesy Institute Doing Business 2015 Serbia 34 * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Serbia 35 GETTING ELECTRICITY Access to reliable and affordable electricity is vital for WHAT THE GETTING ELECTRICITY businesses. To counter weak electricity supply, many firms in developing economies have to rely on self- INDICATORS MEASURE supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the first step for Procedures to obtain an electricity a customer is always to gain access by obtaining a connection (number) connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for a Completing all required notifications and local business to obtain a permanent electricity receiving all necessary inspections connection and supply for a standardized warehouse, as well as the time and cost to complete them. These Obtaining external installation works and procedures include applications and contracts with possibly purchasing material for these works electricity utilities, clearances from other agencies Concluding any necessary supply contract and and the external and final connection works. The obtaining final supply ranking of economies on the ease of getting electricity is determined by sorting their distance to Time required to complete each procedure frontier scores for getting electricity. These scores are (calendar days) the simple average of the distance to frontier scores Is at least 1 calendar day for each of the component indicators. To make the data comparable across economies, several Each procedure starts on a separate day assumptions are used. Does not include time spent gathering The warehouse: information  Is owned by a local entrepreneur, located Reflects the time spent in practice, with little in the economy’s largest business city, in follow-up and no prior contact with officials an area where other warehouses are Cost required to complete each procedure located. For the 11 economies with a (% of income per capita) population of more than 100 million, data Official costs only, no bribes for a second city have been added. Excludes value added tax  Is not in a special economic zone where the connection would be eligible for subsidization or faster service.  Is to either the low-voltage or the medium- voltage distribution network and either  Is located in an area with no physical overhead or underground, whichever is more constraints (ie. property not near a railway). common in the area where the warehouse is  Is a new construction being connected to located. Included only negligible length in the electricity for the first time. customer’s private domain.  Is 2 stories, both above ground, with a total  Requires crossing of a 10-meter road but all surface of about 1,300.6 square meters the works are carried out in a public land, so (14,000 square feet), is built on a plot of there is no crossing into other people's 929 square meters (10,000 square feet), is private property. used for storage of refrigerated goods  Involves installing one electricity meter. The The electricity connection: monthly electricity consumption will be 26880 kilowatt hour (kWh). The internal  Is 150 meters long and is a 3-phase, 4-wire electrical wiring has been completed. Y, 140-kilovolt-ampere (kVA) (subscribed capacity) connection. Doing Business 2015 Serbia 36 GETTING ELECTRICITY Where does the economy stand today? What does it take to obtain a new electricity connection Most indicator sets refer to a case scenario in the largest in Serbia? According to data collected by Doing Business, business city of an economy, except for 11 economies for getting electricity there requires 4.0 procedures, takes which the data are a population-weighted average of the 131.0 days and costs 454.9% of income per capita (figure 2 largest business cities. See the chapter on distance to 4.1). frontier and ease of doing business ranking at the end of this profile for more details. Figure 4.1 What it takes to obtain an electricity connection in Serbia - Note: Time shown in the figure above may not reflect simultaneity of procedures. For more information on the methodology of the getting electricity indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Serbia 37 GETTING ELECTRICITY Globally, Serbia stands at 84 in the ranking of 189 average ranking provide another perspective in assessing economies on the ease of getting electricity (figure 4.2). how easy it is for an entrepreneur in Serbia to connect a The rankings for comparator economies and the regional warehouse to electricity. Figure 4.2 How Serbia and comparator economies rank on the ease of getting electricity Source: Doing Business database. Doing Business 2015 Serbia 38 GETTING ELECTRICITY What are the details? The indicators reported here for Serbia are based on a OBTAINING AN ELECTRICITY CONNECTION set of specific procedures—the steps that an entrepreneur must complete to get a warehouse connected to electricity by the local distribution utility— Elektroprivreda Srbije identified by Doing Business. Data are collected from the (EPS): Elektrodistribucija distribution utility, then completed and verified by Name of utility: Beograd plc electricity regulatory agencies and independent professionals such as electrical engineers, electrical contractors and construction companies. The electricity distribution utility surveyed is the one serving the area City: Belgrade (or areas) in which warehouses are located. If there is a The procedures are those that apply to a warehouse and choice of distribution utilities, the one serving the largest electricity connection matching the standard number of customers is selected. assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). The procedures, along with the associated time and cost, are summarized below. Table 4.2 Summary of time, cost and procedures for getting electricity in Serbia - Time to No. Procedure Cost to complete complete Submit application with customer service office of Elektrodistribucija Beograd d.o.o. (EDB) and await technical conditions, connection approval and contract An application has to be submitted in person at the utility. Documents to be attached are the urban plan or planned object that is approved by the city’s Secretary for Urban Planning (“Gradski sekretarijat za urbanizam”). This is the building permit before the warehouse is built. A prove of ownership/renting over the land under the future object has to be attached as well. The application is to be submitted on a prescribed specimen and duly signed by the applicant or applicant’s representative or a liable person. 1 The application contains of following information: 30 calendar days RSD 679,094 1) Information on the applicant (in case when the applicant is a person: name and surname, residence, personal number, telephone no. in case when the applicant is a legal entity: business name, headquarters, TIN (tax identification number), registration number, account number, name of the liable person, telephone no.). 2) Information on the object in question: The type and the purpose of the object; The address/location of the object (Place, street and number, Cadaster municipality and the cadastral parcel); Total number of the apartments/ operation facilities and other facilities in the object; The method of heating of the object; The method of preparation of hot water; Doing Business 2015 Serbia 39 Time to No. Procedure Cost to complete complete The period of time for which the realization of connection is anticipated; The type of connection to be executed (permanent or temporary); Information on the measuring point – the total installed capacity, peak load, voltage level and the type and manner of connection (3 – phase, monophasic); Total annual expenditure: planned expenditure and peak power per month and per shift, specific consumers (in case when the required power is greater than 43.5 kW per measurement unit); The need for greater reliability and certainty in delivery of electricity; Other information in accordance with the labor rules. For the object that is to be connected for the first time, the following documentation, along with the application, shall be submitted: - Act on urban planning conditions or the extract from the urban development plan i.e. information on location; - Copy of the Real estate cadaster plan from the Republic Geodetic Authority (not older than six months); - The situation from the preliminary design showing the access road, parcel boundaries and object, the position of the measuring distribution board for cable terminal box and the planned route of the internal connection; • All other necessary documents depending on the legality of the property. In addition to the aforementioned application and documentation, it is necessary to submit: proof of payment of the fee prescribed by the Tariff book on services provided; ID card photocopy of the applicant, ID card photocopy of the applicant’s representative or excerpt from the Business Registers Agency in case when the applicant is a legal entity). The licensed electrician fills the confirmation from (“plavi karton”) in the utility with his guarantee that all internal wiring was properly done. A representative from the utility is coming to the site of the warehouse to inspect the area to determine if a transformer is needed and to determine the cost the customer has to pay for the connection. It is not necessary that someone from the customer’s party is present. Agency: Elektrodistribucija Beograd d.o.o. (EDB) Elektrodistribucija Beograd d.o.o. (EDB) prepares connection design, obtains necessary approvals, and completes external connection works 90 calendar days RSD 1,400,000 2 The utility is doing the design and the physical external connection works and provides the necessary material. The utility is obtaining all Doing Business 2015 Serbia 40 Time to No. Procedure Cost to complete complete necessary approvals for the customer. Agency: Elektrodistribucija Beograd d.o.o. (EDB) * Receive internal inspection by Elektrodistribucija Beograd d.o.o. (EDB) An internal inspection of the wiring might be required depending on the object’s volume and technical solution. An inspection would be done before the connection to the public electrical power distribution network. The inspection can be requested after making the internal installation 3 and before the connection. Someone from the customer’s party has to 4 calendar days RSD 125,000 be present. The inspection is done by the utility. A proof of the safety of the internal wiring needs to be submitted to the utility for every new connection. Agency: Elektrodistribucija Beograd d.o.o. (EDB) Elektrodistribucija Beograd d.o.o. (EDB) installs meter, customer concludes supply contract and awaits final connection A representative from the utility comes to the site to install the meter. The meter is installed before the conclusion of the supply contract. The 4 customer concludes a supply contract. The utility is doing the final 11 calendar days USD 362.95 connection. Agency: Elektrodistribucija Beograd d.o.o. (EDB) * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2015 Serbia 41 REGISTERING PROPERTY Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY Effective administration of land is part of that. If INDICATORS MEASURE formal property transfer is too costly or complicated, formal titles might go informal again. And where property is informal or poorly Procedures to legally transfer title on administered, it has little chance of being accepted immovable property (number) as collateral for loans—limiting access to finance. Preregistration (for example, checking for liens, notarizing sales agreement, paying property What do the indicators cover? transfer taxes) Doing Business records the full sequence of Registration in the economy’s largest business procedures necessary for a business to purchase city 2 property from another business and transfer the property title to the buyer’s name. The transaction is Postregistration (for example, filing title with the municipality) considered complete when it is opposable to third parties and when the buyer can use the property, Time required to complete each procedure use it as collateral for a bank loan or resell it. The (calendar days) ranking of economies on the ease of registering Does not include time spent gathering property is determined by sorting their distance to information frontier scores for registering property. These scores are the simple average of the distance to frontier Each procedure starts on a separate day. scores for each of the component indicators. To Procedures that can be fully completed online are recorded as ½ day. make the data comparable across economies, several assumptions about the parties to the Procedure considered completed once final transaction, the property and the procedures are document is received used. No prior contact with officials The parties (buyer and seller): Cost required to complete each procedure  Are limited liability companies, 100% (% of property value) domestically and privately owned and Official costs only, no bribes perform general commercial activities. No value added or capital gains taxes included  Are located in the economy’s largest business city . 2  Is located in a periurban commercial zone, and no rezoning is required.  Have 50 employees each, all of whom are nationals.  Has no mortgages attached, has been under the same ownership for the past 10 years. The property (fully owned by the seller):  Consists of 557.4 square meters (6,000 square  Has a value of 50 times income per capita. feet) of land and a 10-year-old, 2-story The sale price equals the value. warehouse of 929 square meters (10,000  Is registered in the land registry or cada- square feet). The warehouse is in good stre, or both, and is free of title disputes. condition and complies with all safety standards, building codes and legal  Property will be transferred in its entirety. requirements. There is no heating system. 2 For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2015 Serbia 42 REGISTERING PROPERTY Where does the economy stand today? What does it take to complete a property transfer in Most indicator sets refer to a case scenario in the largest Serbia? According to data collected by Doing Business, business city of an economy, except for 11 economies for registering property there requires 6.0 procedures, takes which the data are a population-weighted average of the 54.0 days and costs 2.7% of the property value (figure 2 largest business cities. See the chapter on distance to 5.1). frontier and ease of doing business ranking at the end of this profile for more details. Figure 5.1 What it takes to register property in Serbia - Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the registering property indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Serbia 43 REGISTERING PROPERTY Globally, Serbia stands at 72 in the ranking of 189 regional average ranking provide other useful economies on the ease of registering property (figure information for assessing how easy it is for an 5.2). The rankings for comparator economies and the entrepreneur in Serbia to transfer property. Figure 5.2 How Serbia and comparator economies rank on the ease of registering property Source: Doing Business database. Doing Business 2015 Serbia 44 REGISTERING PROPERTY Economies worldwide have been making it easier for the time required substantially—enabling buyers to use entrepreneurs to register and transfer property—such as or mortgage their property earlier. What property by computerizing land registries, introducing time limits registration reforms has Doing Business recorded in for procedures and setting low fixed fees. Many have cut Serbia (table 5.1)? Table 5.1 How has Serbia made registering property easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Serbia made transferring property quicker by offering an DB2012 expedited option. Serbia made transferring property more difficult by eliminating DB2015 the expedited procedure for registering a property transfer. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Serbia 45 REGISTERING PROPERTY What are the details? The indicators reported here are based on a set of STANDARD PROPERTY TRANSFER specific procedures—the steps that a buyer and seller must complete to transfer the property to the buyer’s name—identified by Doing Business through information collected from local property lawyers, Property value: RSD 24,567,296 notaries and property registries. These procedures are those that apply to a transaction matching the City: Belgrade standard assumptions used by Doing Business in collecting the data (see the section in this chapter on The procedures, along with the associated time and what the indicators cover). cost, are summarized below. Table 5.2 Summary of time, cost and procedures for registering property in Serbia Time to No. Procedure Cost to complete complete Obtain an extract from the Commercial Registers Agency The cost consists of RSD 1,700 per extract. Considering the transaction involves two companies, they each must obtain the extract from the Commercial Registers Agency confirming that the persons signing the 1 day RSD 3400 1 contract are authorized to sign on behalf of the companies. Agency: Commercial Registers Agency Court fees, depending on the Verify the sale purchase agreement before the court property value and according to the The sale purchase agreement is verified before the court. The court following schedule verifies the documentation, as the notaries do in other countries. In (with a maximum Serbia, the Procedure of establishing the notary instead of the court of RSD 39,000):for verification is under way. According to the Law on the Transfer of the property value (in Immovable, it is obligatory for the sale purchase agreement on real RSD) of: Up estate to be verified before the court. Effective as of January 6th 2010, to 10,000 - fee is the Sale and Purchase Agreement can be certified only before the Basic 1 day 2 1,050From 10,000 Court competent for the territory where the purchased property is located. Prior to this legal reform, Sale and Purchase Agreements could to 100,000 - fee is be certified before any Basic Court, regardless of the fact where the 1,050 + 1% of property is located. A lawyer may prepare the sale purchase agreement property (charging an additional RSD 37,500). valueFrom 100,000 to 1,000,000 - fee Agency: Court is 3,050 + 0.5% of property valueOver 1,000,000 - fee is 12,670 + 0.25% of Doing Business 2015 Serbia 46 Time to No. Procedure Cost to complete complete property value Submit request for registration to the Republic Geodesy Institute "The registration request should be submitted to the competent Cadastre. The transition from a system where the registration was performed by the Land Register (a court) to a system where it is all handled by the Cadastre (administrative procedure) is almost complete. So far, approximately 98% of the municipalities have been covered by the new Cadastre. The new Cadastre provides a unified system for registration of real property and is maintained by an administrative body: Republic Geodetic Authority (“RGA”). The value of the fees is expressed in credits, one credit amounts RSD RSD 8400 3 1 day 32.36 and is established at the beginning of every year. Pursuant to the Regulation of fees for usage of survey data and service provided by Republic Geodesy Institute (Official Gazzete no. 45/2002, 15/2010 and 9/2011) the value of point shall be ajusted with increases in retail price index. " Agency: Republic Geodetic Authority (RGA) Submit an application to Tax Authorities to approve transaction value and authorize payment of transfer tax "According to the amendments to the VAT Law it is now possible for the transferor and the transferee which are registered VAT obligors to have the transfer of immovable taxed under VAT instead of Tax on transfer of absolute rights. As such the transfer shall be subjected to the procedure applicable for reporting and payment of VAT. 4 2 days no cost The parties have 10 days after the sale contract has been verified by the court to submit this application. The request will be approved in a few days and then the parties have 15 days to pay the transfer tax." Agency: Tax Administration Doing Business 2015 Serbia 47 Time to No. Procedure Cost to complete complete Pay the transfer tax The tax is paid on a commercial bank into the account of the local Tax 2.5% of the authority. property value 5 1 day estimated by the Agency: Commercial Bank Tax Authority The Cadastre makes a decision on the title Registration in the Cadastre takes so long due to the back log in updating records for previous years. Once this transition is complete, the system should work more efficiently than the old system. This Procedure may last between 30 and 180 days depending on the respective cadastre municipality within the territory of the City of Belgrade. All municipalities Regular RSD 660 - regular 6 are under a unified, computerized system of registration under the Real Procedure: up to procedure Estate Cadastre (REC). The centralized for easier and quicker access and 48 days process of records. The time for registration is expected to continue decreasing. Agency: Real Estate Cadastre (REC) * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Serbia 48 GETTING CREDIT Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS credit and improve its allocation: credit information MEASURE systems and borrowers and lenders in collateral and bankruptcy laws. Credit information systems enable Strength of legal rights index (0–12) 3 lenders’ rights to view a potential borrower’s financial history (positive or negative)—valuable information to Rights of borrowers and lenders through consider when assessing risk. And they permit collateral laws borrowers to establish a good credit history that will Protection of secured creditors’ rights through allow easier access to credit. Sound collateral laws bankruptcy laws enable businesses to use their assets, especially Depth of credit information index (0–8) 4 movable property, as security to generate capital— while strong creditors’ rights have been associated Scope and accessibility of credit information with higher ratios of private sector credit to GDP. distributed by credit bureaus and credit registries What do the indicators cover? Credit bureau coverage (% of adults) Doing Business assesses the sharing of credit information and the legal rights of borrowers and Number of individuals and firms listed in lenders with respect to secured transactions through largest credit bureau as percentage of adult 2 sets of indicators. The depth of credit information population index measures rules and practices affecting the Credit registry coverage (% of adults) coverage, scope and accessibility of credit Number of individuals and firms listed in information available through a credit registry or a credit registry as percentage of adult credit bureau. The strength of legal rights index population measures whether certain features that facilitate lending exist within the applicable collateral and bankruptcy laws. Doing Business uses two case scenarios, Case A and Case B, to determine the scope of the secured transactions system, involving a  Has up to 50 employees. secured borrower and a secured lender and  Is 100% domestically owned, as is the lender. examining legal restrictions on the use of movable collateral (for more details on each case, see the Data The ranking of economies on the ease of getting Notes section of the Doing Business 2015 report). credit is determined by sorting their distance to These scenarios assume that the borrower: frontier scores for getting credit. These scores are the distance to frontier score for the strength of legal  Is a private limited liability company. rights index and the depth of credit information  Has its headquarters and only base of index. operations in the largest business city. For the 11 economies with a population of more than 100 million, data for a second city have been added. 3 For the legal rights index, 2 new points are added in Doing Business 2015 for new data collected to assess the overall legal framework for secured transactions and the functioning of the collateral registry. 4 For the credit information index, 2 new points are added in Doing Business 2015 for new data collected on accessing borrowers’ credit information online and availability of credit scores. Doing Business 2015 Serbia 49 GETTING CREDIT Where does the economy stand today? How well do the credit information system and collateral Globally, Serbia stands at 52 in the ranking of 189 and bankruptcy laws in Serbia facilitate access to credit? economies on the ease of getting credit (figure 6.1). The The economy has a score of 7 on the depth of credit rankings for comparator economies and the regional information index and a score of 5 on the strength of average ranking provide other useful information for legal rights index (see the summary of scoring at the end assessing how well regulations and institutions in Serbia of this chapter for details). Higher scores indicate more support lending and borrowing. credit information and stronger legal rights for borrowers and lenders. Figure 6.1 How Serbia and comparator economies rank on the ease of getting credit Source: Doing Business database. Doing Business 2015 Serbia 50 GETTING CREDIT One way to put an economy’s score on the getting credit rights index for Serbia and shows the scores for indicators into context is to see where the economy comparator economies as well as the regional average stands in the distribution of scores across economies. score. Figure 6.3 shows the same for the depth of credit Figure 6.2 highlights the score on the strength of legal information index. Figure 6.2 How strong are legal rights for borrowers Figure 6.3 How much credit information is shared — and lenders? and how widely? Economy scores on strength of legal rights index Economy scores on depth of credit information index Note: Higher scores indicate that collateral and bankruptcy Note: Higher scores indicate the availability of more credit laws are better designed to facilitate access to credit. information, from either a credit registry or a credit bureau, Source: Doing Business database. to facilitate lending decisions. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Source: Doing Business database. Doing Business 2015 Serbia 51 GETTING CREDIT When economies strengthen the legal rights of lenders information, they can increase entrepreneurs’ access t o and borrowers under collateral and bankruptcy laws, and credit. What credit reforms has Doing Business recorded increase the scope, coverage and accessibility of credit in Serbia (table 6.1)? Table 6.1 How has Serbia made getting credit easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Serbia improved access to credit information by guaranteeing DB2010 by law borrowers’ right to inspect their own data. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Serbia 52 GETTING CREDIT What are the details? The getting credit indicators reported here for Serbia are The data on the legal rights of borrowers and lenders are based on detailed information collected in that economy. gathered through a survey of financial lawyers and The data on credit information sharing are collected verified through analysis of laws and regulations as well through a survey of a credit registry and/or credit bureau as public sources of information on collateral and (if one exists). To construct the depth of credit bankruptcy laws. For the strength of legal rights index, a information index, a score of 1 is assigned for each of 8 score of 1 is assigned for each of 10 aspects related to features of the credit registry or credit bureau (see legal rights in collateral law and 2 aspects in bankruptcy summary of scoring below). law. Strength of legal rights index (0–12) Index score: 5 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and enforcement of functional equivalents to security interests in movable No assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of Yes movable assets, without requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of No its assets, without requiring a specific description of collateral? May a security right extend to future or after-acquired assets, and may it extend automatically Yes to the products, proceeds or replacements of the original assets? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be secured between parties; and can the collateral agreement No include a maximum amount for which the assets are encumbered? Is a collateral registry in operation for both incorporated and non-incorporated entities, that is unified geographically and by asset type, with an electronic database indexed by debtor's Yes name? Does a notice-based collateral registry exist in which all functional equivalents can be No registered? Does a modern collateral registry exist in which registrations, amendments, cancellations and No searches can be performed online by any interested third party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor No defaults outside an insolvency procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is Yes liquidated? Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization procedure? Does the law protect secured creditors’ rights by No providing clear grounds for relief from the stay and/or sets a time limit for it? Doing Business 2015 Serbia 53 Strength of legal rights index (0–12) Index score: 5 Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow the secured creditor to sell the collateral through Yes public auction and private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Depth of credit information index (0–8) Credit bureau Credit registry Index score: 7 Are data on both firms and individuals distributed? Yes No 1 Are both positive and negative credit data distributed? Yes No 1 Are data from retailers or utility companies - in addition to data from banks and financial institutions - No No 0 distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries that distribute more than 10 years of negative data or erase data on Yes No 1 defaults as soon as they are repaid obtain a score of 0 for this component.) Are data on loan amounts below 1% of income per Yes No 1 capita distributed? By law, do borrowers have the right to access their Yes No 1 data in the credit bureau or credit registry? Can banks and financial institutions access borrowers’ credit information online (for example, through an Yes No 1 online platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value- added service to help banks and financial institutions Yes No 1 assess the creditworthiness of borrowers? Note: Prior to Doing Business 2015, the depth of credit information index covered only the first 6 features listed above. An economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Credit bureau Credit registry Coverage (% of adults) (% of adults) Number of firms 544,564 0 Number of individuals 5,773,599 0 Percent of total 100.0 0.0 Doing Business 2015 Serbia 54 Source: Doing Business database. Doing Business 2015 Serbia 55 PROTECTING MINORITY INVESTORS Protecting minority investors matters for the ability of companies to raise the capital they need to grow, WHAT THE PROTECTING MINORITY innovate, diversify and compete. Effective regulations INVESTORS INDICATORS MEASURE define related-party transactions precisely, promote clear and efficient disclosure requirements, require shareholder participation in major decisions of the Extent of disclosure index (0–10) company and set detailed standards of accountability Review and approval requirements for related-party for company insiders. transactions ; Disclosure requirements for related-party transactions What do the indicators cover? Doing Business measures the protection of minority Extent of director liability index (0–10) investors from conflicts of interest through one set of Ability of minority shareholders to sue and hold interested indicators and shareholders’ rights in corporate directors liable for prejudicial related-party transactions; governance through another. The ranking of economies Available legal remedies (damages, disgorgement of on the strength of minority investor protections is profits, fines, imprisonment, rescission of the transaction) determined by sorting their distance to frontier scores Ease of shareholder suits index (0–10) for protecting minority investors. These scores are the Access to internal corporate documents; Evidence simple average of the distance to frontier scores for the obtainable during trial and allocation of legal expenses extent of conflict of interest regulation index and the extent of shareholder governance index. To make the Extent of conflict of interest regulation index data comparable across economies, a case study uses (0–10) several assumptions about the business and the Sum of the extent of disclosure, extent of director liability transaction. and ease of shareholder indices, divided by 3 The business (Buyer): Extent of shareholder rights index (0-10.5)  Is a publicly traded corporation listed on the Shareholders’ rights and role in major corporate decisions economy’s most important stock exchange (or at least a large private company with Strength of governance structure index (0- multiple shareholders). 10.5) Governance safeguards protecting shareholders from  Has a board of directors and a chief executive undue board control and entrenchment officer (CEO) who may legally act on behalf of Buyer where permitted, even if this is not Extent of corporate transparency index (0-9) specifically required by law. Corporate transparency on ownership stakes, The transaction involves the following details: compensation, audits and financial prospects  Mr. James, a director and the majority Extent of shareholder governance index shareholder of the company, proposes that (0–10) the company purchase used trucks from Sum of the extent of shareholders rights, strength of another company he owns. governance structure and extent of corporate transparency indices, divided by 3  The price is higher than the going price for used trucks, but the transaction goes forward. Strength of investor protection index (0–10)  All required approvals are obtained, and all Simple average of the extent of conflict of interest required disclosures made, though the regulation and extent of shareholder governance indices transaction is prejudicial to Buyer.  Shareholders sue the interested parties and the members of the board of directors. Doing Business 2015 Serbia 56 PROTECTING MINORITY INVESTORS Where does the economy stand today? How strong are minority investor protections against protection index (figure 7.1). While the indicator does self-dealing in Serbia? The economy has a score of 6.3 not measure all aspects related to the protection of on the strength of minority investor protection index, minority investors, a higher ranking does indicate that an with a higher score indicating stronger protections. economy’s regulations offer stronger minority investor protections against self-dealing in the areas measured. Globally, Serbia stands at 32 in the ranking of 189 economies on the strength of minority investor Figure 7.1 How Serbia and comparator economies perform on the strength of minority investor protection index Source: Doing Business database. Doing Business 2015 Serbia 57 PROTECTING MINORITY INVESTORS One way to put an economy’s scores on the protecting indices for Serbia in 2014. A summary of scoring for the minority investors indicators into context is to see where protecting minority investors indicators at the end of this the economy stands in the distribution of scores across chapter provides details on how the indices were comparator economies. Figures 7.2 through 7.7 highlight calculated. the scores on the various minority investor protection Figure 7.2 How extensive are disclosure Figure 7.3 How extensive is the liability regime for directors? requirements? Extent of director liability index (0-10) Extent of disclosure index (0-10) Note: Higher scores indicate greater liability of directors. Note: Higher scores indicate greater disclosure. Source: Doing Business database. Source: Doing Business database. Doing Business 2015 Serbia 58 PROTECTING MINORITY INVESTORS Figure 7.4 How easy is accessing internal corporate documents? Ease of shareholder suits index (0-10) Note: Higher scores indicate greater minority shareholder access to evidence before and during trial. Source: Doing Business database. Doing Business 2015 Serbia 59 PROTECTING MINORITY INVESTORS Figure 7.5 How extensive are shareholder rights? Extent of shareholder rights index (0-10.5) Note: The higher the score, the stronger the protections. Source: Doing Business database. Figure 7.6 How strong is the governance structure? Strength of governance structure index (0-10.5) Note: Higher scores indicate more stringent governance structure requirements. Source: Doing Business database. Doing Business 2015 Serbia 60 Figure 7.7 How extensive is corporate transparency? Extent of corporate transparency index (0-9) Note: Higher scores indicate greater transparency. Source: Doing Business database. Doing Business 2015 Serbia 61 PROTECTING MINORITY INVESTORS What are the details? The protecting minority investors indicators reported to disclosure, director liability, shareholder suits, here for Serbia are based on detailed information shareholder rights, governance structure and corporate collected through a survey of corporate and securities transparency in a standard case study (for more details, lawyers about securities regulations, company laws and see the Data Notes section of the Doing Business 2015 court rules of evidence and procedure. To construct the report). The summary below shows the details underlying six indicators on minority investor protection, scores are the scores for Serbia. assigned to each based on a range of conditions relating Table 7.2 Summary of scoring for the protecting minority investors indicators in Serbia Answer Score Extent of disclosure index (0-10) 7.0 Which corporate body can provide legally sufficient Shareholders excluding interested 3 approval for the Buyer-Seller transaction? (0-3) parties Is disclosure by the interested director to the board of Full disclosure of all material facts 2 directors required? (0-2) Is disclosure of the transaction in published periodic filings Disclosure on the transaction only 1 (annual reports) required? (0-2) Is immediate disclosure of the transaction to the public Disclosure on the transaction only 1 and/or shareholders required? (0-2) Must an external body review the terms of the transaction No 0 before it takes place? (0-1) Extent of director liability index (0-10) 6.0 Can shareholders sue directly or derivatively for the damage caused by the Buyer-Seller transaction to the company? (0- Yes 1 1) Can shareholders hold the interested director liable for the Liable if negligent 1 damage caused by the transaction to the company? (0-2) Can shareholders hold members of the approving body liable for the damage cause by the transaction to the Liable if negligent 1 company? (0-2) Must the interested director pay damages for the harm caused to the company upon a successful claim by a Yes 1 shareholder plaintiff? (0-1) Must the interested director repay profits made from the transaction upon a successful claim by a shareholder Yes 1 plaintiff? (0-1) Can both fines and imprisonment be applied against the No 0 interested indrector? (0-1) Can a court void the transaction upon a successful claim by Voidable if negligently concluded 1 a shareholder plaintiff? (0-2) Ease of shareholder suits index (0-10) 4.0 Before filing suit, can shareholders owning 10% of the company’s share capital inspect the transaction documents? Yes 1 (0-1) Can the plaintiff obtain any documents from the defendant Documents that the defendant 1 Doing Business 2015 Serbia 62 and witnesses during trial? (0-3) relied on Can the plaintiff request categories of documents from the No 0 defendant without identifying specific ones? (0-1) Can the plaintiff directly question the defendant and No 1 witnesses during trial? (0-2) Is the level of proof required for civil suits lower than that of No 0 criminal cases? (0-1) Can shareholder plaintiffs recover their legal expenses from Yes if successful 1 the company? (0-2) Strength of minority investor protection index (0-10) 6.3 Extent of conflict of interest regulation index (0-10) 5.7 Extent of shareholder rights index (0-10.5) 10.0 Can shareholders amend company bylaws or statutes with a Yes 1.5 simple majority? Can shareholders owning 10% of the company's share Yes 1.5 capital call for an extraordinary meeting of shareholders? Can shareholders remove members of the board of Yes 1.5 directors before the end of their term. Must a company obtain its shareholders’ approval every Yes 1.5 time it issues new shares? Are shareholders automatically granted subscription rights Yes 1.5 on new shares? Must shareholders approve the election and dismissal of the Yes 1.5 external auditor? Can shareholders freely trade shares prior to a major Yes for listed companies 1 corporate action or meeting of shareholders? Strength of governance structure index (0-10.5) 8.0 Is the CEO barred from also serving as chair of the board of No 0 directors? Must the board of directors include independent board Yes for listed companies 1 members? Must a company have a separate audit committee? Yes for listed companies 1 Must changes to the voting rights of a series or class of shares be approved only by the holders of the affected Yes 1.5 shares? Must a potential acquirer make a tender offer to all Yes 1.5 shareholders upon acquiring 50% of a company? Is cross-shareholding between 2 independent companies No 0 limited to 10% of outstanding shares? Is a subsidiary barred from acquiring shares issued by its No 0 parent company? Extent of corporate transparency index (0-9) 3.0 Must ownership stakes representing 10% be disclosed? No 0 Must information about board members’ other directorships as well as basic information on their primary employment No 0 be disclosed? Must the compensation of individual managers be No 0 disclosed? Must financial statements contain explanatory notes on significant accounting policies, trends, risks, uncertainties Yes for listed companies 1 and other factors influencing the reporting? Must annual financial statements be audited by an external Yes for listed companies 1 Doing Business 2015 Serbia 63 auditor? Must audit reports be disclosed to the public? Yes for listed companies 1 Extent of shareholder governance index (0-10) 7.0 Source: Doing Business database. PAYING TAXES Taxes are essential. The level of tax rates needs to be carefully chosen—and needless complexity in tax WHAT THE PAYING TAXES INDICATORS rules avoided. Firms in economies that rank better MEASURE on the ease of paying taxes in the Doing Business study tend to perceive both tax rates and tax Tax payments for a manufacturing company administration as less of an obstacle to business in 2013 (number per year adjusted for according to the World Bank Enterprise Survey electronic and joint filing and payment) research. Total number of taxes and contributions paid, What do the indicators cover? including consumption taxes (value added tax, sales tax or goods and service tax) Using a case scenario, Doing Business measures the taxes and mandatory contributions that a medium- Method and frequency of filing and payment size company must pay in a given year as well as the Time required to comply with 3 major taxes administrative burden of paying taxes and (hours per year) contributions. This case scenario uses a set of financial statements and assumptions about Collecting information and computing the tax payable transactions made over the year. Information is also compiled on the frequency of filing and payments as Completing tax return forms, filing with well as time taken to comply with tax laws. The proper agencies ranking of economies on the ease of paying taxes is Arranging payment or withholding determined by sorting their distance to frontier scores on the ease of paying taxes. These scores are Preparing separate tax accounting books, if required the simple average of the distance to frontier scores for each of the component indicators, with a Total tax rate (% of profit before all taxes) threshold and a nonlinear transformation applied to Profit or corporate income tax one of the component indicators, the total tax rate . 5 The financial statement variables have been updated Social contributions and labor taxes paid by to be proportional to 2012 income per capita; the employer previously they were proportional to 2005 income Property and property transfer taxes per capita. To make the data comparable across Dividend, capital gains and financial economies, several assumptions are used. transactions taxes  TaxpayerCo is a medium-size business that Waste collection, vehicle, road and other taxes started operations on January 1, 2012.  Taxes and mandatory contributions include  The business starts from the same financial corporate income tax, turnover tax and all position in each economy. All the taxes labor taxes and contributions paidof by the 5 The nonlinear distance to frontier for the total tax rate is equal to the distance to frontier for the total tax rate to the power 0.8. The threshold is defined as and mandatory the total contributions tax rate at the 15th percentilepaid during of the company. overall distribution for all years included in the analysis. It is calculated and adjusted on a the yearly basis. second The thresholdyear of is not operation based are recorded. on any economic theory of an “optimal tax rate” that minimizes distortions or maximizes efficiency in the tax system of an economy overall. Instead, it is mainly empirical in nature, set  range Alower at the end ofstandard of deductions the distribution and of tax rates levied on medium-size  Taxes and mandatory contributions are exemptions enterprises in the manufacturing sector as observed through the paying taxes indicators. are also This reduces recorded. the bias in the indicators toward economies that do not need to levyat measured all levels significant government. ofon taxes companies like the Doing Business standardized case study company because they raise public revenue in other ways—for example, through taxes on foreign companies, through taxes on sectors other than manufacturing or from natural resources (all of which are outside the scope of the methodology). This year’s threshold is 26.1%. Doing Business 2015 Serbia 64 PAYING TAXES Where does the economy stand today? What is the administrative burden of complying with 2 largest business cities. See the chapter on distance to taxes in Serbia—and how much do firms pay in taxes? frontier and ease of doing business ranking at the end of On average, firms make 67.0 tax payments a year, spend this profile for more details. 279.0 hours a year filing, preparing and paying taxes and Globally, Serbia stands at 165 in the ranking of 189 pay total taxes amounting to 38.6% of profit (see the economies on the ease of paying taxes (figure 8.1). The summary at the end of this chapter for details). Most rankings for comparator economies and the regional indicator sets refer to a case scenario in the largest average ranking provide other useful information for business city of an economy, except for 11 economies for assessing the tax compliance burden for businesses in which the data are a population-weighted average of the Serbia. Figure 8.1 How Serbia and comparator economies rank on the ease of paying taxes Source: Doing Business database. Doing Business 2015 Serbia 65 PAYING TAXES Economies around the world have made paying taxes concrete results. Some economies simplifying tax faster and easier for businesses—such as by payment and reducing rates have seen tax revenue rise. consolidating filings, reducing the frequency of What tax reforms has Doing Business recorded in Serbia payments or offering electronic filing and payment. (table 8.1)? Many have lowered tax rates. Changes have brought Table 8.1 How has Serbia made paying taxes easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Serbia made paying taxes more costly for companies by DB2014 increasing the corporate income tax. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Serbia 66 PAYING TAXES What are the details? The indicators reported here for Serbia are based on LOCATION OF STANDARDIZED COMPANY the taxes and contributions that would be paid by a standardized case study company used by Doing Business in collecting the data (see the section in this City: Belgrade chapter on what the indicators cover). Tax practitioners are asked to review a set of financial statements as well as a standardized list of assumptions and transactions that the company The taxes and contributions paid are listed in the completed during its 2nd year of operation. summary below, along with the associated number of Respondents are asked how much taxes and payments, time and tax rate. mandatory contributions the business must pay and how these taxes are filed and paid. Table 8.2 Summary of tax rates and administration Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate gross Social security - employer 12 126 17.9% 20.2 salaries taxable Corporate income tax 12 48 15% 16.2 profits Property transfer tax 1 0 2.5% sale price 1.5 property Property tax 4 0 0.4% 0.7 value ton of Environmental tax 1 0 RSD 284 0 waste small Other municipality charges 12 0 variable various 0 amount Employee paid - Social gross 0 paid jointly 0 17.9% 0 withheld security contributions salaries value not Value added tax (VAT) 12 105 20% 0 added included Doing Business 2015 Serbia 67 Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate square meter of Construction Land useful land small 1 0 variable 0 Development fee for amount constructi on per square small Urban land usage fee 12 0 variable 0 meter amount Totals 67.0 279.0 38.6 Source: Doing Business database. Doing Business 2015 Serbia 68 TRADING ACROSS BORDERS In today’s globalized world, making trade between WHAT THE TRADING ACROSS BORDERS economies easier is increasingly important for INDICATORS MEASURE business. Excessive document requirements, burdensome customs procedures, inefficient port operations and inadequate infrastructure all lead to Documents required to export and import extra costs and delays for exporters and importers, (number) stifling trade potential. Research shows that Bank documents exporters in developing countries gain more from a Customs clearance documents 10% drop in their trading costs than from a similar reduction in the tariffs applied to their products in Port and terminal handling documents global markets. Transport documents What do the indicators cover? Time required to export and import (days) Doing Business measures the time and cost Obtaining, filling out and submitting all the (excluding tariffs and the time and cost for sea documents transport) associated with exporting and importing a Inland transport and handling standard shipment of goods by sea transport, and the number of documents necessary to complete the Customs clearance and inspections transaction. The indicators cover predefined stages Port and terminal handling such as documentation requirements and procedures Does not include sea transport time at customs and other regulatory agencies as well as at the port. They also cover trade logistics, including Cost required to export and import (US$ per the time and cost of inland transport to the largest container) business city. The ranking of economies on the ease All documentation of trading across borders is determined by sorting their distance to frontier scores for trading across Inland transport and handling borders. These scores are the simple average of the Customs clearance and inspections distance to frontier scores for each of the component Port and terminal handling indicators. To make the data comparable across economies, Doing Business uses several assumptions Official costs only, no bribes about the business and the traded goods. The business:  Is located in the economy’s largest The traded product: business city. For the 11 economies with a population of more than 100 million, data  Is not hazardous nor includes military items. for a second city have been added.  Does not require refrigeration or any other  Is a private, limited liability company, special environment. domestically owned and does not operate  Do not require any special phytosanitary or with special export or import privileges. environmental safety standards other than  Conducts export and import activities, but accepted international standards. does not have any special accreditation  Is one of the economy’s leading export or such as an authorized economic operator import products. status.  Is transported in a dry-cargo, 20-foot full container load. Doing Business 2015 Serbia 69 TRADING ACROSS BORDERS Where does the economy stand today? What does it take to export or import in Serbia? population-weighted average of the 2 largest business According to data collected by Doing Business, exporting cities. See the chapter on distance to frontier and ease of a standard container of goods requires 6 documents, doing business ranking at the end of this profile for more takes 12.0 days and costs $1635.0. Importing the same details. container of goods requires 7 documents, takes 15.0 Globally, Serbia stands at 96 in the ranking of 189 days and costs $1910.0 (see the summary of four economies on the ease of trading across borders (figure predefined stages and documents at the end of this 9.1). The rankings for comparator economies and the chapter for details). Most indicator sets refer to a case regional average ranking provide other useful scenario in the largest business city of an economy, information for assessing how easy it is for a business in except for 11 economies for which the data are a Serbia to export and import goods. Figure 9.1 How Serbia and comparator economies rank on the ease of trading across borders Source: Doing Business database. Doing Business 2015 Serbia 70 TRADING ACROSS BORDERS What are the details? The indicators reported here for Serbia are based on LOCATION OF STANDARDIZED COMPANY a set of specific predefined stages for trading a standard shipment of goods by ocean transport (see the section in this chapter on what the indicators Port Name: Rijeka, Croatia cover). Information on the required documents and the time and cost to complete export and import is collected from local freight forwarders, shipping lines, City: Belgrade customs brokers, port officials and banks. The predefined stages, and the associated time and cost, for exporting and importing a standard shipment of goods are listed in the summary below, along with the required documents. Table 9.2 Summary of predefined stages and documents for trading across borders in Serbia Stages to export Time (days) Cost (US$) Customs clearance and inspections 2 70 Documents preparation 3 180 Inland transportation and handling 3 1,100 Ports and terminal handling 4 285 Totals 12 1,635 Stages to import Time (days) Cost (US$) Customs clearance and inspections 2 90 Documents preparation 8 240 Inland transportation and handling 3 1,300 Ports and terminal handling 2 280 Totals 15 1,910 Doing Business 2015 Serbia 71 Documents to export Bill of lading Commercial Invoice Convention des Marchandises Routiers - CMR Customs export declaration Packing List Transit document (T1) Documents to import Bill of lading Certificate of Conformity Commercial invoice Convention des Marchandises Routiers - CMR Customs import declaration Packing list Transit document Source: Doing Business database. Doing Business 2015 Serbia 72 ENFORCING CONTRACTS Effective commercial dispute resolution has many WHAT THE ENFORCING CONTRACTS benefits. Courts are essential for entrepreneurs INDICATORS MEASURE because they interpret the rules of the market and protect economic rights. Efficient and transparent courts encourage new business relationships because Procedures to enforce a contract through businesses know they can rely on the courts if a new the courts (number) customer fails to pay. Speedy trials are essential for Steps to file and serve the case small enterprises, which may lack the resources to Steps for trial and judgment stay in business while awaiting the outcome of a long court dispute. Steps to enforce the judgment What do the indicators cover? Time required to complete procedures (calendar days) Doing Business measures the efficiency of the judicial system in resolving a commercial dispute before Time to file and serve the case local courts. Following the step-by-step evolution of Time for trial and obtaining judgment a standardized case study, it collects data relating to Time to enforce the judgment the time, cost and procedural complexity of resolving a commercial lawsuit. The ranking on the ease of Cost required to complete procedures (% of enforcing contracts is the simple average of the claim) percentile rankings on its component indicators: Average attorney fees procedures, time and cost. Court costs The dispute in the case study involves the breach of a sales contract between 2 domestic businesses. The Enforcement costs case study assumes that the court hears an expert on the quality of the goods in dispute. This distinguishes the case from simple debt enforcement. To make the data comparable across economies, Doing Business uses several assumptions about the case:  The seller and buyer are located in the economy’s largest business city. For the 11 economies with a population of more than  The seller requests a pretrial attachment to 100 million, data for a second city have secure the claim. been added.  The dispute on the quality of the goods  The buyer orders custom-made goods, requires an expert opinion. then fails to pay.  The judge decides in favor of the seller; there  The seller sues the buyer before a is no appeal. competent court.  The seller enforces the judgment through a  The value of the claim is 200% of the public sale of the buyer’s movable assets. income per capita or the equivalent in local currency of USD 5,000, whichever is greater. Doing Business 2015 Serbia 73 ENFORCING CONTRACTS Where does the economy stand today? How efficient is the process of resolving a commercial cities. See the chapter on distance to frontier and ease of dispute through the courts in Serbia? According to data doing business ranking at the end of this profile for more collected by Doing Business, contract enforcement takes details. 635.0 days, costs 34.0% of the value of the claim and Globally, Serbia stands at 96 in the ranking of 189 requires 36.0 procedures (see the summary at the end of economies on the ease of enforcing contracts (figure this chapter for details). Most indicator sets refer to a 10.1). The rankings for comparator economies and the case scenario in the largest business city of an economy, regional average ranking provide other useful except for 11 economies for which the data are a benchmarks for assessing the efficiency of contract population-weighted average of the 2 largest business enforcement in Serbia. Figure 10.1 How Serbia and comparator economies rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2015 Serbia 74 ENFORCING CONTRACTS Economies in all regions have improved contract reducing backlogs by introducing periodic reviews to enforcement in recent years. A judiciary can be improved clear inactive cases from the docket and by making in different ways. Higher-income economies tend to look procedures faster. What reforms making it easier (or for ways to enhance efficiency by introducing new more difficult) to enforce contracts has Doing Business technology. Lower-income economies often work on recorded in Serbia (table 10.1)? Table 10.1 How has Serbia made enforcing contracts easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Serbia made enforcing contracts easier by introducing a DB2013 private bailiff system. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Serbia 75 ENFORCING CONTRACTS What are the details? The indicators reported here for Serbia are based on COURT NAME a set of specific procedural steps required to resolve a standardized commercial dispute through the courts (see the section in this chapter on what the Claim value: RSD 883,943 indicators cover). These procedures, and the time and cost of completing them, are identified through Belgrade Commercial study of the codes of civil procedure and other court Court name: Court regulations, as well as through questionnaires completed by local litigation lawyers (and, in a City: Belgrade quarter of the economies covered by Doing Business, by judges as well). Table 10.2 Summary of time, cost and procedures for enforcing a contract in Serbia Europe & Central Indicator Serbia Asia average Time (days) 635 448 Filing and service 30 Trial and judgment 495 Enforcement of judgment 110 Cost (% of claim) 34.0 25.2 Attorney cost (% of claim) 14.5 Court cost (% of claim) 7.1 Enforcement Cost (% of claim) 12.4 Procedures (number) 36 37 Number of procedures (without bonus points) 37 Specialized commercial courts -1 Total number of procedures (including bonus points) 36 Doing Business 2015 Serbia 76 No. Procedures Filing and service: Plaintiff requests payment: Plaintiff or his lawyer asks Defendant orally or in writing to comply with the 1 contract. Plaintiff files a summons and complaint: Plaintiff files a summons and complaint with the court (orally or * in writing). Plaintiff pays court fees: Plaintiff pays court fees (e.g. court duties, stamp duties, or any other type of court * fees). Answer ‘yes’ even if Plaintiff recovers these costs. Registration of court case: Registration of court case by the court administration (this can include 2 assigning a reference number to the case). Assignment of court case to a judge: Assignment of court case to a judge (through a random procedure, * automated system, ruling of an administrative judge, court officer, etc). Judicial scrutiny of summons and complaint: Judge examines Plaintiff's summons and complaint for 3 formal requirements as a matter of law or standard practice. Judge admits summons and complaint: Judge admits summons and complaint (after verifying the formal * requirements). Delivery of summons and complaint to person authorized to perform service of process on Defendant: 4 The judge or a court officer delivers the summons to a summoning office, officer, or authorized person (including Plaintiff), for service of process on Defendant. Attempt at physical delivery: An attempt to physically deliver summons and complaint to Defendant is 5 made. Application for pre-judgment attachment: Plaintiff submits an application in writing for the attachment of * Defendant's property prior to judgment. Decision on pre-judgment attachment: Judge decides whether to grant Plaintiff’s request for pre- * judgment attachment of Defendant’s property and notifies Plaintiff and Defendant of the decision. Pre-judgment attachment order: Defendant's property is attached prior to judgment. Attachment order 6 either involves physical attachment, or is achieved by freezing, registering, marking, or otherwise separating and restricting Defendant’s movement of specific moveable assets. Hearing on pre-judgment attachment: A hearing takes place as a matter of law or standard practice to 7 resolve the question of whether Defendant’s assets can be attached prior to judgment. This process may include the submission of separate summons and petitions. Trial and judgment: Defendant files preliminary objections.: Defendant presents preliminary objections to the court. * (Preliminary exemptions differ from answers on the merits. Examples of preliminary motions are motions to dismiss on the basis of the statute of limitations or jurisdictional objections, etc.) Checke Defendant files an answer to Plaintiff’s claim: Defendant files a written pleading which includes his answer 8 or defense on the merits of the case (see assumption 4). Doing Business 2015 Serbia 77 No. Procedures Deadline for Plaintiff to reply to Defendant's defense or answer: Judge sets a deadline for Plaintiff’s 9 submission of a reply to the Defendant's defense or answer. Plaintiff’s written reply to Defendant's answer: Plaintiff responds to Defendant’s answer with a written 10 pleading, which may or may not include witness statements or expert (witness) statements. Filing of written submissions: Plaintiff and Defendant file written pleadings and submissions with the court 11 and transmit copies of the written pleadings or submissions to one another. The pleadings may or may not include witness statements or expert (witness) statements. Adjournments: Court procedure is delayed because one or both parties request and obtain an 12 adjournment to submit written pleadings. Check as ‘yes’ if this commonly happens. Court appointment of independent expert: Judge appoints, either at the parties' request or at his own * initiative, an independent expert to decide whether the quality of the goods Plaintiff delivered to Defendant is adequate. (see assumption 5-b). Notification of court-appointment of independent expert: The court notifies both parties that the court is 13 appointing an independent expert (see assumption 5-b). Delivery of expert report by court-appointed expert: The independent expert, appointed by the court, * delivers his or her expert report to the court (see assumption 5-b). * Setting of date(s) for oral hearing or trial: Judge sets the date(s) for the oral hearing or trial. Preliminary hearing aimed at preparing for the oral hearing: The judge meets the parties to make practical 14 arrangements for the oral hearing on the merits of the case. Summoning of (expert) witnesses: The court summons (expert) witnesses to appear in court for the oral 15 hearing or trial (see assumption 5-a). Oral hearing (prevalent in civil law): The parties argue the merits of the case at an oral hearing before the 16 judge. Witnesses and a court-appointed independent expert may be heard and questioned at the oral hearing. Adjournments: Court proceedings are delayed because one or both parties request and obtain an 17 adjournment during the oral hearing or trial, resulting in an additional or later trial or hearing date. Final arguments: The parties present their final factual and legal arguments to the court either by oral * presentation or by a written submission. 18 Writing of judgment: The judge produces a written copy of the judgment. Registration of judgment: The court office registers the judgment after receiving a written copy of the 19 judgment. Court notification of availability of the written judgment: The court notifies the parties that the written 20 judgment is available at the courthouse. Plaintiff receives a copy of the judgment: Plaintiff receives a copy of the written judgment which is 100% 21 in favor of Plaintiff (see assumption 6). Doing Business 2015 Serbia 78 No. Procedures Defendant is formally notified of the judgment: Plaintiff or court formally notifies the Defendant of the 22 judgment. The appeal period starts to run from the day the Defendant is formally notified of the judgment. Appeal period: By law Defendant has the opportunity to appeal the judgment during a specified period. 23 Defendant decides not to appeal. Seller decides to start enforcing the judgment when the appeal period ends (see assumption 8). Order for reimbursement by Defendant of Plaintiff's court fees: The judgment orders Defendant to 24 reimburse Plaintiff for the court fees Plaintiff has advanced, because Defendant has lost the case. Enforcement of judgment: Plaintiff retains an enforcement agent to enforce the judgment.: Plaintiff retains the services of a court 25 enforcement officer such as a court bailiff or sheriff, or a private bailiff. Plaintiff requests an enforcement order: Plaintiff applies to the court to obtain the enforcement order * ('seal' on judgment). 26 Plaintiff advances enforcement fees: Plaintiff pays the fees related to the enforcement of the judgment. Attachment of enforcement order to judgment: The judge attaches the enforcement order (‘seal’) to the 27 judgment. Delivery of enforcement order: The court's enforcement order is delivered to a court enforcement officer * or a private bailiff. Request to Defendant to comply voluntarily with judgment: Plaintiff, a court enforcement officer or a 28 private bailiff requests Defendant to voluntarily comply with the judgment. 29 Plaintiff identifies Defendant's assets for attachment: Plaintiff identifies Defendant's assets for attachment. Attachment: Defendant’s movable goods are attached (physically or by registering, marking or separating 30 assets). Report on execution of attachment: A court enforcement officer or private bailiff delivers a report on the 31 attachment of Defendant's movable goods to the judge. Valuation or appraisal of attached movable goods: The court or court-appointed valuation expert 32 evaluates the attached goods. Enforcement disputes before court: The enforcement of the judgment is delayed because Defendant 33 opposes aspects of the enforcement process before the judge. Call for public auction: Judge calls a public auction by, for example, advertising or publication in the 34 newspapers. 35 Sale through public auction: The Defendant’s movable property is sold at public auction. Reimbursement of Plaintiff’s enforcement fees: Defendant reimburses Plaintiff's enforcement fees which 36 Plaintiff had advanced previously. 37 Payment: Court orders that the proceeds of the public auction or the direct sale be delivered to Plaintiff. * Not counted in the total number of procedures. Doing Business 2015 Serbia 79 Source: Doing Business database. Doing Business 2015 Serbia 80 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient INDICATORS MEASURE companies and reallocating the resources of inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of businesses Time required to recover debt (years) to normal operation and increase returns to Measured in calendar years creditors. By improving the expectations of creditors Appeals and requests for extension are and debtors about the outcome of insolvency included proceedings, well-functioning insolvency systems can facilitate access to finance, save more viable Cost required to recover debt (% of debtor’s businesses and thereby improve growth and estate) sustainability in the economy overall. Measured as percentage of estate value What do the indicators cover? Court fees Doing Business studies the time, cost and outcome of Fees of insolvency administrators insolvency proceedings involving domestic legal Lawyers’ fees entities. These variables are used to calculate the recovery rate, which is recorded as cents on the Assessors’ and auctioneers’ fees dollar recouped by secured creditors through Other related fees reorganization, liquidation or debt enforcement (foreclosure) proceedings. To determine the present Outcome value of the amount recovered by creditors, Doing Whether business continues operating as a Business uses the lending rates from the International going concern or business assets are sold Monetary Fund, supplemented with data from piecemeal central banks and the Economist Intelligence Unit. Recovery rate for creditors In addition, Doing Business evaluates the adequacy Measures the cents on the dollar recovered and integrity of the existing legal framework by secured creditors applicable to liquidation and reorganization proceedings through the strength of insolvency Outcome for the business (survival or not) determines the maximum value that can be framework index. The index tests whether economies recovered adopted internationally accepted good practices in four areas: commencement of proceedings, Official costs of the insolvency proceedings management of debtor’s assets, reorganization are deducted proceedings and creditor participation. Depreciation of furniture is taken into The ranking of the Resolving Insolvency indicator is account based on the recovery rate and the total score of the Present value of debt recovered strength of insolvency framework index. The Strength of insolvency framework index (0- Resolving Insolvency indicator does not measure 16) insolvency proceedings of individuals and financial institutions. The data are derived from survey Sum of the scores of four component indices: responses by local insolvency practitioners and Commencement of proceedings index (0-3) verified through a study of laws and regulations as well as public information on bankruptcy systems. Management of debtor’s assets index (0-6) Reorganization proceedings index (0-3) Creditor participation index (0-4) Doing Business 2015 Serbia 81 RESOLVING INSOLVENCY Where does the economy stand today? Combination of quality regulations and efficient practice According to data collected by Doing Business, Serbia characterize the top-performing economies. How scores 2.5 out of 3 points on the commencement of efficient are insolvency proceedings in Serbia? proceedings index, 6.0 out of 6 points on the According to data collected by Doing Business, resolving management of debtor’s assets index, 3.0 out of 3 points insolvency takes 2.0 years on average and costs 20.0% of on the reorganization proceedings index, and 2.0 out of the debtor’s estate, with the most likely outcome being 4 points on the creditor participation index. Serbia’s total that the company will be sold as piecemeal sale. The score on the strength of insolvency framework index is average recovery rate is 29.2 cents on the dollar. Most 13.5 out of 16. indicator sets refer to a case scenario in the largest Globally, Serbia stands at 48 in the ranking of 189 business city of an economy, except for 11 economies for economies on the ease of resolving insolvency (figure which the data are a population-weighted average of the 11.1). The rankings for comparator economies and the 2 largest business cities. See the chapter on distance to regional average ranking provide other useful frontier and ease of doing business ranking at the end of benchmarks for assessing the efficiency of insolvency this profile for more details. proceedings in Serbia. Figure 11.1 How Serbia and comparator economies rank on the ease of resolving insolvency Doing Business 2015 Serbia 82 Source: Doing Business database. Doing Business 2015 Serbia 83 Figure 11.2 Recovery Rate (0-100) - Serbia Source: Doing Business database. Figure 11.3 Strength of insolvency framework index (0-16) - Serbia Source: Doing Business database. Doing Business 2015 Serbia 84 RESOLVING INSOLVENCY A well-balanced bankruptcy system distinguishes change. Many recent reforms of bankruptcy laws have companies that are financially distressed but been aimed at helping more of the viable businesses economically viable from inefficient companies that survive. What insolvency reforms has Doing Business should be liquidated. But in some insolvency systems recorded in Serbia (table 11.1)? even viable businesses are liquidated. This is starting to Table 11.1 How has Serbia made resolving insolvency easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Serbia passed a new bankruptcy law that introduced out-of- DB2011 court workouts and a unified reorganization procedure. Serbia adopted legislation introducing professional DB2012 requirements for insolvency administrators and regulating their compensation. Serbia strengthened its insolvency process by introducing private bailiffs, reducing the starting prices for the sale of assets, prohibiting appeals, expediting service of process and DB2013 adopting an electronic registry for injunctions to make public all prohibitions on the disposal or pledge of movable or immovable property. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Serbia 85 LABOR MARKET REGULATION Doing Business measures flexibility in the regulation of Doing Business 2015 presents the data for the labor employment, specifically as it affects the hiring and market regulation indicators in an annex. The report redundancy of workers and the rigidity of working hours. does not present rankings of economies on these This year, for the first time, the indicators measuring indicators nor include the topic in the aggregate distance flexibility in labor market regulations focus on those to frontier score or ranking on the ease of doing affecting the food retail industry, using a standardized business. Detailed data collected on labor market case study of a cashier in a supermarket. Also new is that regulations are available on the Doing Business website Doing Business collects data on regulations applying to (http://www.doingbusiness.org). The data on labor employees hired through temporary-work agencies as market regulations are based on a detailed survey of well as on those applying to permanent employees or employment regulations that is completed by local employees hired on fixed-term contracts. The indicators lawyers and public officials. Employment laws and also cover additional areas of labor market regulation, regulations as well as secondary sources are reviewed to including social protection schemes and benefits as well ensure accuracy. To make the data comparable across as labor disputes. economies, several assumptions about the worker and the business are used. Over the period from 2007 to 2011 improvements were made to align the methodology for the labor market The worker: regulation indicators (formerly the employing workers  Is a cashier in a supermarket or a grocery store indicators) with the letter and spirit of the International  Is a full-time employee Labour Organization (ILO) conventions. Only 6 of the 188  Is not a member of the labor union, unless ILO conventions cover areas measured by Doing membership is mandatory Business: employee termination, weekend work, holiday The business: with pay, night work, protection against unemployment  Is a limited liability company (or the equivalent and medical care and sickness benefits. The Doing in the economy) with 60 employees. Business methodology is fully consistent with these 6  Operates a supermarket or grocery store in the conventions. The ILO conventions covering areas related economy’s largest business city. For 11 to the labor market regulation indicators do not include economies the data are also collected for the the ILO core labor standards—8 conventions covering second largest business city. the right to collective bargaining, the elimination of  Is subject to collective bargaining agreements if forced labor, the abolition of child labor and equitable such agreements cover more than 50% of the treatment in employment practices. food retail sector and they apply even to firms that are not party to them. Between 2009 and 2011 the World Bank Group worked  Abides by every law and regulation but does not with a consultative group—including labor lawyers, grant workers more benefits than those employer and employee representatives, and experts mandated by law, regulation or (if applicable) from the ILO, the Organisation for Economic Co- collective bargaining agreements. operation and Development (OECD), civil society and the private sector—to review the methodology for the labor market regulation indicators and explore future areas of research. A full report with the conclusions of the consultative group is available at: http://www.doingbusiness.org/methodology/employing-workers. Doing Business 2015 Serbia LABOR MARKET REGULATION Employment laws are needed to protect workers from the past 5 years did so in ways that increased labor arbitrary or unfair treatment and to ensure efficient market flexibility. What changes did Serbia adopt that contracting between employers and workers. Many affected the Doing Business indicators on labor market economies that changed their labor market regulation in regulation (table 12.1)? Table 12.1 What changes did Serbia make in terms of labor market regulation? DB year Reform Serbia introduced priority rules applying to redundancy DB2010 dismissals or layoffs. Source: Doing Business database. Doing Business 2015 Serbia 87 LABOR MARKET REGULATION What are the details? The data reported here for Serbia are based on a Employment laws and regulations as well as secondary detailed survey of labor market regulation that is sources are reviewed to ensure accuracy. completed by local lawyers and public officials. Difficulty of hiring index Difficulty of hiring covers 4 areas: (i) whether fixed-term wage to the average value added per worker. The contracts are prohibited for permanent tasks; (ii) the average value added per worker is the ratio of an maximum cumulative duration of fixed-term contracts; economy’s GNI per capita to the working-age population (iii) the minimum wage for a cashier, age 19, with 1 year as a percentage of the total population. of work experience; and (iv) the ratio of the minimum Difficulty of hiring index Data Fixed-term contracts prohibited for permanent tasks? Yes Maximum length of a single fixed-term contract (months) 12 months - Art. 37, Labor Law, 2005 Maximum length of fixed-term contracts, including renewals (months) 12 Minimum wage applicable to the worker assumed in the case study 232.46 (US$/month) Ratio of minimum wage to value added per worker 0.34 Source: Doing Business database. Doing Business 2015 Serbia 88 LABOR MARKET REGULATION Rigidity of hours index Rigidity of hours covers 7 areas: (i) whether the premium for work on a weekly rest day (as a percentage workweek can extend to 50 hours or more (including of hourly pay); (v) whether there are restrictions on night overtime) for 2 months in a year to respond to a work; (vi) whether there are restrictions on weekly seasonal increase in workload; (ii) the maximum number holiday work; and (vii) the average paid annual leave for of days allowed in the workweek; (iii) the premium for workers with 1 year of tenure, 5 years of tenure and 10 night work (as a percentage of hourly pay); (iv) the years of tenure. Rigidity of hours index Data 50-hour workweek allowed for 2 months a year in case of a seasonal Yes increase in workload? Maximum working days per week 6.0 Premium for night work (% of hourly pay) 26% Premium for work on weekly rest day (% of hourly pay) 26% Major restrictions on night work? No Major restrictions on weekly holiday? No Paid annual leave for a worker with 1 year of tenure (in working days) 20.0 Paid annual leave for a worker with 5 years of tenure (in working days) 20.0 Paid annual leave for a worker with 10 years of tenure (in working days) 20.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in 20.0 working days) Source: Doing Business database. Doing Business 2015 Serbia 89 LABOR MARKET REGULATION Difficulty of redundancy index Difficulty of redundancy index looks at 9 questions: (i) whether the employer needs approval from a third party what the length is in months of the maximum to terminate 1 redundant worker; (vi) whether the probationary period; (ii) whether redundancy is employer needs approval from a third party to terminate disallowed as a basis for terminating workers; (iii) a group of 9 redundant workers; (vii) whether the law whether the employer needs to notify a third party (such requires the employer to reassign or retrain a worker as a government agency) to terminate 1 redundant before making the worker redundant; (viii) whether worker; (iv) whether the employer needs to notify a third priority rules apply for redundancies; and (ix) whether party to terminate a group of 9 redundant workers; (v) priority rules apply for reemployment. Difficulty of redundancy index Data Maximum length of probationary period (months) 6.0 Dismissal due to redundancy allowed by law? Yes Third-party notification if 1 worker is dismissed? No Third-party approval if 1 worker is dismissed? No Third-party notification if 9 workers are dismissed? No Third-party approval if 9 workers are dismissed? No Retraining or reassignment obligation before redundancy? Yes Priority rules for redundancies? No Priority rules for reemployment? Yes Source: Doing Business database. Doing Business 2015 Serbia 90 LABOR MARKET REGULATION Redundancy cost Redundancy cost measures the cost of advance notice requirements and severance payments applicable to a requirements, severance payments and penalties due worker with 1 year of tenure, a worker with 5 years and when terminating a redundant worker, expressed in a worker with 10 years is considered. One month is weeks of salary. The average value of notice recorded as 4 and 1/3 weeks. Redundancy cost indicator (in salary weeks) Data Notice period for redundancy dismissal for a worker with 1 year of tenure 0.0 Notice period for redundancy dismissal for a worker with 5 years of tenure 0.0 Notice period for redundancy dismissal for a worker with 10 years of tenure 0.0 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years 0.0 of tenure) Severance pay for redundancy dismissal for a worker with 1 year of tenure 1.4 Severance pay for redundancy dismissal for a worker with 5 years of tenure 7.2 Severance pay for redundancy dismissal for a worker with 10 years of tenure 14.4 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years 7.7 of tenure) Source: Doing Business database. Social protection schemes and benefits & Labor disputes Doing Business collects data on the existence of Doing Business also assesses the mechanisms available unemployment protection schemes as well as data on to resolve labor disputes. More specifically, it collects whether employers are legally required to provide data on what courts would be competent to hear labor health insurance for employees with permanent disputes and whether the competent court is contracts. specialized in resolving labor disputes. Social protection schemes and benefits & Labor disputes indicator Data Availability of unemployment protection scheme? Yes Health insurance existing for permanent employees? Yes Availability of courts or court sections specializing in labor disputes? No Source: Doing Business database. Doing Business 2015 Serbia 91 Doing Business 2015 Serbia 92 DISTANCE TO FRONTIER AND EASE OF DOING BUSINESS RANKING This year’s report presents results for 2 aggregate defined as the total tax rate at the 15th percentile of the measures: the distance to frontier score and the ease of overall distribution for all years included in the analysis. doing business ranking, which for the first time this year For the time to pay taxes the frontier is defined as the is based on the distance to frontier score. The ease of lowest time recorded among all economies that levy the doing business ranking compares economies with one 3 major taxes: profit tax, labor taxes and mandatory another; the distance to frontier score benchmarks contributions, and value added tax (VAT) or sales tax. In economies with respect to regulatory best practice, addition, the cost to export and cost to import for each showing the absolute distance to the best performance year are divided by the GDP deflator, to take the general on each Doing Business indicator. When compared price level into account when benchmarking these across years, the distance to frontier score shows how absolute-cost indicators across economies with different much the regulatory environment for local entrepreneurs inflation trends. The base year for the deflator is 2013 for in an economy has changed over time in absolute terms, all economies. while the ease of doing business ranking can show only In the same formulation, to mitigate the effects of how much the regulatory environment has changed extreme outliers in the distributions of the rescaled data relative to that in other economies. for most component indicators (very few economies Distance to Frontier need 700 days to complete the procedures to start a business, but many need 9 days), the worst performance The distance to frontier score captures the gap between is calculated after the removal of outliers. The definition an economy’s performance and a measure of best of outliers is based on the distribution for each practice across the entire sample of 31 indicators for 10 component indicator. To simplify the process, 2 rules Doing Business topics (the labor market regulation were defined: the 95th percentile is used for the indicators are excluded). For starting a business, for indicators with the most dispersed distributions example, Canada and New Zealand have the smallest (including time, cost, minimum capital and number of number of procedures required (1), and New Zealand the payments to pay taxes), and the 99th percentile is used shortest time to fulfill them (0.5 days). Slovenia has the for number of procedures and number of documents to lowest cost (0.0), and Australia, Colombia and 110 other trade. No outlier was removed for component indicators economies have no paid-in minimum capital bound by definition or construction, including legal requirement (table 15.1 in the Doing Business 2015 index scores (such as the depth of credit information report). index, extent of conflict of interest regulation index and strength of insolvency framework index) and the Calculation of the distance to frontier score recovery rate (figure 15.1 in the Doing Business 2015 Calculating the distance to frontier score for each report). economy involves 2 main steps. First, individual Second, for each economy the scores obtained for component indicators are normalized to a common unit individual indicators are aggregated through simple where each of the 31 component indicators y (except for averaging into one distance to frontier score, first for the total tax rate) is rescaled using the linear each topic and then across all 10 topics: starting a transformation (worst − y)/(worst − frontier). In this business, dealing with construction permits, getting formulation the frontier represents the best performance electricity, registering property, getting credit, protecting on the indicator across all economies since 2005 or the minority investors, paying taxes, trading across borders, third year after data for the indicator were collected for enforcing contracts and resolving insolvency. More the first time. For legal indicators such as those on complex aggregation methods—such as principal getting credit or protecting minority investors, the components and unobserved components —yield a frontier is set at the highest possible value. For the total ranking nearly identical to the simple average used by tax rate, consistent with the use of a threshold in Doing Business . Thus Doing Business uses the simplest 6 calculating the rankings on this indicator, the frontier is 6 See Djankov, Manraj and others (2005). Principal components and unobserved components methods yield a ranking nearly identical to Doing Business 2015 Serbia 93 method: weighting all topics equally and, within each overall tax system. Instead, it is mainly empirical in topic, giving equal weight to each of the topic nature. The nonlinear transformation along with the components . threshold reduces the bias in the indicator toward 7 economies that do not need to levy significant taxes on An economy’s distance to frontier score is indicated on a companies like the Doing Business standardized case scale from 0 to 100, where 0 represents the worst study company because they raise public revenue in performance and 100 the frontier. All distance to frontier other ways—for example, through taxes on foreign calculations are based on a maximum of 5 decimals. companies, through taxes on sectors other than However, indicator ranking calculations and the ease of manufacturing or from natural resources (all of which are doing business ranking calculations are based on 2 outside the scope of the methodology). In addition, it decimals. The difference between an economy’s distance acknowledges the need of economies to collect taxes to frontier score in any previous year and its score in from firms. 2014 illustrates the extent to which the economy has closed the gap to the regulatory frontier over time. And Calculation of scores for economies with 2 cities in any given year the score measures how far an covered economy is from the best performance at that time. For each of the 11 economies for which a second city Treatment of the total tax rate was added in this year’s report, the distance to frontier score is calculated as the population-weighted average This year, for the first time, the total tax rate component of the distance to frontier scores for the 2 cities covered of the paying taxes indicator set enters the distance to (table 12.1). This is done for the aggregate score, the frontier calculation in a different way than any other scores for each topic and the scores for all the indicator. The distance to frontier score obtained for the component indicators for each topic. total tax rate is transformed in a nonlinear fashion before it enters the distance to frontier score for paying taxes. Table 12.1 Weights used in calculating the distance to As a result of the nonlinear transformation, an increase in frontier scores for economies with 2 cities covered the total tax rate has a smaller impact on the distance to Economy City Weight (%) frontier score for the total tax rate—and therefore on the Dhaka 78 distance to frontier score for paying taxes—for Bangladesh Chittagong 22 economies with a below-average total tax rate than it São Paulo 61 would have in the calculation done in previous years (line Brazil Rio de Janeiro 39 B is smaller than line A in figure 15.2 of the Doing Shanghai 55 China Business 2015 report). And for economies with an Beijing 45 extreme total tax rate (a rate that is very high relative to Mumbai 47 India the average), an increase has a greater impact on both Delhi 53 these distance to frontier scores than before (line D is Jakarta 78 Indonesia bigger than line C in figure 15.2 of the Doing Business Surabaya 22 Tokyo 65 2015 report). Japan Osaka 35 The nonlinear transformation is not based on any Mexico City 83 Mexico economic theory of an “optimal tax rate” that minimizes Monterrey 17 distortions or maximizes efficiency in an economy’s Lagos 77 Nigeria Kano 23 Karachi 65 Pakistan that from the simple average method because both these methods Lahore 35 assign roughly equal weights to the topics, since the pairwise Moscow 70 Russian Federation correlations among indicators do not differ much. An alternative to the St. Petersburg 30 simple average method is to give different weights to the topics, New York 60 depending on which are considered of more or less importance in the United States Los Angeles 40 context of a specific economy. Source: United Nations, Department of Economic and Social 7 For getting credit, indicators are weighted proportionally, according to their contribution to the total score, with a weight of 60% assigned Affairs, Population Division, World Urbanization Prospects, to the strength of legal rights index and 40% to the depth of credit 2014 Revision. http://esa.un.org/unpd/wup/CD- information index. Indicators for all other topics are assigned equal ROM/Default.aspx. weights Doing Business 2015 Serbia 94 Economies that improved the most across 3 or more Selecting the economies that implemented regulatory Doing Business topics in 2013/14 reforms in at least 3 topics and had the biggest improvements in their distance to frontier scores is Doing Business 2015 uses a simple method to calculate intended to highlight economies with ongoing, broad- which economies improved the ease of doing business based reform programs. The improvement in the the most. First, it selects the economies that in 2013/14 distance to frontier score is used to identify the top implemented regulatory reforms making it easier to do improvers because this allows a focus on the absolute business in 3 or more of the 10 topics included in this improvement—in contrast with the relative improvement year’s aggregate distance to frontier score. Twenty-one shown by a change in rankings—that economies have economies meet this criterion: Azerbaijan; Benin; the made in their regulatory environment for business. Democratic Republic of Congo; Côte d’Ivoire; the Czech Republic; Greece; India; Ireland; Kazakhstan; Lithuania; the former Yugoslav Republic of Macedonia; Poland; Ease of Doing Business ranking Senegal; the Seychelles; Spain; Switzerland; Taiwan, China; Tajikistan; Togo; Trinidad and Tobago; and the The ease of doing business ranking ranges from 1 to 189. United Arab Emirates. Second, Doing Business sorts these The ranking of economies is determined by sorting the economies on the increase in their distance to frontier aggregate distance to frontier scores, rounded to 2 score from the previous year using comparable data. decimals. Doing Business 2015 Serbia 95 RESOURCES ON THE DOING BUSINESS WEBSITE Current features Law library News on the Doing Business project Online collection of business laws and regulations http://www.doingbusiness.org relating to business http://www.doingbusiness.org/law-library Rankings How economies rank—from 1 to 189 Contributors http://www.doingbusiness.org/rankings More than 10,700 specialists in 189 economies who participate in Doing Business Data http://www.doingbusiness.org/contributors/doing- All the data for 189 economies—topic rankings, business indicator values, lists of regulatory procedures and details underlying indicators Entrepreneurship data http://www.doingbusiness.org/data Data on business density (number of newly registered companies per 1,000 working-age Reports people) for 139 economies Access to Doing Business reports as well as http://www.doingbusiness.org/data/exploretopics/ent subnational and regional reports, reform case repreneurship studies and customized economy and regional profiles Distance to frontier http://www.doingbusiness.org/reports Data benchmarking 189 economies to the frontier in regulatory practice Methodology http://www.doingbusiness.org/data/distance-to- The methodologies and research papers underlying frontier Doing Business http://www.doingbusiness.org/methodology Information on good practices Showing where the many good practices identified Research by Doing Business have been adopted Abstracts of papers on Doing Business topics and http://www.doingbusiness.org/data/good-practice related policy issues http://www.doingbusiness.org/research Doing Business iPhone App Doing Business at a Glance—presenting the full Doing Business reforms report, rankings and highlights for each topic for Short summaries of DB2015 business regulation the iPhone, iPad and iPod touch reforms, lists of reforms since DB2008 and a ranking http://www.doingbusiness.org/specialfeatures/ simulation tool iphone http://www.doingbusiness.org/reforms Historical data Customized data sets since DB2004 http://www.doingbusiness.org/custom-query Doing Business 2015 Serbia 96