74023 Economy Profile: Slovenia Doing Business 2013 Slovenia 2 © 2013 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 15 14 13 12 A copublication of The World Bank and the International Finance Corporation. This work is a product of the staff of The World Bank with external contributions. Note that The World Bank does not necessarily own each component of the content included in the work. The World Bank therefore does not warrant that the use of the content contained in the work will not infringe on the rights of third parties. The risk of claims resulting from such infringement rests solely with you. 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. Rights and Permissions This work is available under the Creative Commons Attribution 3.0 Unported license (CC BY 3.0) http://creativecommons.org/licenses/by/3.0. 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. 2013. Doing Business 2013: Smarter Regulations for Small and Medium-Size Enterprises. Washington, DC: World Bank Group. DOI: 10.1596/978-0-8213-9615-5. License: Creative Commons Attribution CC BY 3.0 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 . All queries on rights and licenses should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. Additional copies of all 10 editions of Doing Business may be purchased at www.doingbusiness.org. Cover design: Corporate Visions, Inc. Doing Business 2013 Slovenia 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 5 Starting a business ..................................................................................................................... 14 Dealing with construction permits ........................................................................................... 23 Getting electricity ....................................................................................................................... 37 Registering property .................................................................................................................. 44 Getting credit .............................................................................................................................. 55 Protecting investors ................................................................................................................... 62 Paying taxes ................................................................................................................................ 71 Trading across borders .............................................................................................................. 79 Enforcing contracts .................................................................................................................... 88 Resolving insolvency .................................................................................................................. 98 Employing workers .................................................................................................................. 104 Data notes ................................................................................................................................. 111 Resources on the Doing Business website ............................................................................ 116 Doing Business 2013 Slovenia 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is the paying taxes indicators, which cover the period for a local entrepreneur to open and run a small to January–December 2011). 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, trading across borders and getting electricity), the getting credit, protecting investors, paying taxes, security of property from theft and looting, the trading across borders, enforcing contracts, resolving transparency of government procurement, insolvency and employing workers. macroeconomic conditions or the underlying strength In a series of annual reports Doing Business presents of institutions—are not directly studied by Doing quantitative indicators on business regulations and the Business. The indicators refer to a specific type of protection of property rights that can be compared business, generally a local limited liability company across 185 economies, from Afghanistan to Zimbabwe, operating in the largest business city. Because over time. The data set covers 46 economies in Sub- standard assumptions are used in the data collection, Saharan Africa, 33 in Latin America and the Caribbean, comparisons and benchmarks are valid across 24 in East Asia and the Pacific, 24 in Eastern Europe economies. The data not only highlight the extent of and Central Asia, 19 in the Middle East and North obstacles to doing business; they also help identify the Africa and 8 in South Asia, as well as 31 OECD high- source of those obstacles, supporting policy makers in income economies. The indicators are used to analyze designing regulatory reform. economic outcomes and identify what reforms have More information is available in the full report. Doing worked, where and why. Business 2013 presents the indicators, analyzes their This economy profile presents the Doing Business relationship with economic outcomes and presents indicators for Slovenia. To allow useful comparison, it business regulatory reforms. The data, along with also provides data for other selected economies information on ordering Doing Business 2013, are (comparator economies) for each indicator. The data in available on the Doing Business website at this report are current as of June 1, 2012 (except for http://www.doingbusiness.org. Doing Business 2013 Slovenia 5 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy‘s regulatory environment for business, a good place to ECONOMY OVERVIEW start 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 Region: OECD high income business based on indicator sets that measure and benchmark regulations applying to domestic small to Income category: High income medium-size businesses through their life cycle. Economies are ranked from 1 to 185 by the ease of Population: 2,052,000 doing business index. For each economy the index is calculated as the ranking on the simple average of its GNI per capita (US$): 23,610 percentile rankings on each of the 10 topics included in the index in Doing Business 2013: starting a business, DB2013 rank: 35 dealing with construction permits, getting electricity, registering property, getting credit, protecting DB2012 rank: 35* investors, paying taxes, trading across borders, Change in rank: 0 enforcing contracts and resolving insolvency. The ranking on each topic is the simple average of the percentile rankings on its component indicators (see * DB2012 ranking shown is not last year‘s published the data notes for more details). The employing workers ranking but a comparable ranking for DB2012 that indicators are not included in this year‘s aggregate ease captures the effects of such factors as data of doing business ranking, but the data are presented corrections and the addition of 2 economies in this year‘s economy profile. (Barbados and Malta) to the sample this year. See the data notes 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 2013 Slovenia 6 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 2013 Slovenia 7 THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy relative to the regional average (figure 1.2). The stands in the aggregate ranking on the ease of economy‘s rankings on the topics included in the doing business is useful. Also useful is to know how ease of doing business index provide another it ranks relative to comparator economies and perspective (figure 1.3). Figure 1.2 How Slovenia and comparator economies rank on the ease of doing business Source: Doing Business database. Doing Business 2013 Slovenia 8 THE BUSINESS ENVIRONMENT Figure 1.3 How Slovenia ranks on Doing Business topics Source: Doing Business database. Doing Business 2013 Slovenia 9 THE BUSINESS ENVIRONMENT Just as the overall ranking on the ease of doing business year Doing Business introduced the distance to frontier tells only part of the story, so do changes in that ranking. measure. This measure shows how far each economy is Yearly movements in rankings can provide some indication from the best performance achieved by any economy since of changes in an economy‘s regulatory environment for 2005 on each indicator in 9 Doing Business indicator sets. firms, but they are always relative. An economy‘s ranking Comparing the measure for an economy at 2 points in might change because of developments in other time allows users to assess how much the economy‘s economies. An economy that implemented business regulatory environment as measured by Doing Business regulation reforms may fail to rise in the rankings (or may has changed over time—how far it has moved toward (or even drop) if it is passed by others whose business away from) the most efficient practices and strongest regulation reforms had a more significant impact as regulations in areas covered by Doing Business (figure 1.4). measured by Doing Business. The results may show that the pace of change varies widely Moreover, year-to-year changes in the overall rankings do across the areas measured. They also may show that an not reflect how the business regulatory environment in an economy is relatively close to the frontier in some areas economy has changed over time—or how it has changed and relatively far from it in others. in different areas. To aid in assessing such changes, last Figure 1.4 How far has Slovenia come in the areas measured by Doing Business? Note: The distance to frontier measure shows how far on average an economy is from the best performance achieved by any economy on each Doing Business indicator since 2005. The measure is normalized to range between 0 and 100, with 100 representing the best performance (the frontier). The overall distance to frontier is the average of the distance to frontier in the 9 indicator sets shown in the figure. See the data notes for more details on the distance to frontier measure. Source: Doing Business database. Doing Business 2013 Slovenia 10 THE BUSINESS ENVIRONMENT The absolute values of the indicators tell another part business regulation—such as a regulatory process that of the story (table 1.1). The indicators, on their own or can be completed with a small number of procedures in comparison with the indicators of a good practice in a few days and at a low cost. Comparison of the economy or those of comparator economies in the economy‘s indicators today with those in the previous region, may reveal bottlenecks reflected in large year may show where substantial bottlenecks persist — numbers of procedures, long delays or high costs. Or and where they are diminishing. they may reveal unexpected strengths in an area of Table 1.1 Summary of Doing Business indicators for Slovenia Best performer globally Czech Republic DB2013 Hungary DB2013 Slovenia DB2013 Slovenia DB2012 Albania DB2013 Indicator Serbia DB2013 Italy DB2013 DB2013 Starting a Business (rank) 30 28 62 140 52 84 42 New Zealand (1) Procedures (number) 2 2 4 9 4 6 6 New Zealand (1)* Time (days) 6 6 4 20 5 6 12 New Zealand (1) Cost (% of income per 0.0 0.0 22.1 8.2 8.9 16.5 7.7 Slovenia (0.0) capita) Paid-in Min. Capital (% of 43.9 43.6 0.0 29.7 9.4 9.7 0.0 91 Economies (0.0)* income per capita) Dealing with Construction Hong Kong SAR, China 61 61 185 74 55 103 179 Permits (rank) (1) no Hong Kong SAR, China Procedures (number) 11 11 33 26 11 18 practice (6)* no Time (days) 197 197 120 102 234 269 Singapore (26) practice Cost (% of income per no 65.3 64.9 10.5 5.7 184.2 1,427.2 Qatar (1.1) capita) practice Doing Business 2013 Slovenia 11 Best performer globally Czech Republic DB2013 Hungary DB2013 Slovenia DB2013 Slovenia DB2012 Albania DB2013 Indicator Serbia DB2013 Italy DB2013 DB2013 Getting Electricity (rank) 31 30 154 143 109 107 76 Iceland (1) Procedures (number) 5 5 6 6 5 5 4 Germany (3)* Time (days) 38 38 177 279 252 155 131 Germany (17) Cost (% of income per 119.9 119.1 573.7 180.0 116.9 319.2 502.6 Japan (0.0) capita) Registering Property 83 79 121 27 43 39 41 Georgia (1) (rank) Procedures (number) 5 5 6 3 4 3 6 Georgia (1)* Time (days) 110 110 33 24 17 24 11 Portugal (1) Cost (% of property value) 2.0 2.0 11.4 3.0 5.0 4.5 2.8 Belarus (0.0)* Getting Credit (rank) 104 97 23 53 53 104 40 United Kingdom (1)* Strength of legal rights 4 4 9 6 7 3 7 Malaysia (10)* index (0-10) Depth of credit 4 4 4 5 4 5 5 United Kingdom (6)* information index (0-6) Public registry coverage 3.4 3.3 19.7 6.1 0.0 24.1 0.0 Portugal (90.7) (% of adults) Private bureau coverage United Kingdom 98.9 100.0 0.0 98.7 15.8 100.0 100.0 (% of adults) (100.0)* Protecting Investors 17 24 17 100 128 49 82 New Zealand (1) (rank) Extent of disclosure index Hong Kong SAR, China 5 3 8 2 2 7 7 (0-10) (10)* Doing Business 2013 Slovenia 12 Best performer globally Czech Republic DB2013 Hungary DB2013 Slovenia DB2013 Slovenia DB2012 Albania DB2013 Indicator Serbia DB2013 Italy DB2013 DB2013 Extent of director liability 9 9 9 5 4 4 6 Singapore (9)* index (0-10) Ease of shareholder suits 8 8 5 8 7 7 3 New Zealand (10)* index (0-10) Strength of investor 7.3 6.7 7.3 5.0 4.3 6.0 5.3 New Zealand (9.7) protection index (0-10) United Arab Emirates Paying Taxes (rank) 63 80 160 120 118 131 149 (1) Payments (number per Hong Kong SAR, China 11 22 44 8 12 15 66 year) (3)* United Arab Emirates Time (hours per year) 260 260 357 413 277 269 279 (12) Trading Across Borders 57 54 79 68 73 55 94 Singapore (1) (rank) Documents to export 6 6 7 4 6 4 7 France (2) (number) Time to export (days) 16 16 19 16 17 19 12 Singapore (5)* Cost to export (US$ per 745 710 745 1,145 885 1,145 1,455 Malaysia (435) container) Documents to import 8 8 8 7 7 4 7 France (2) (number) Time to import (days) 14 15 18 17 19 18 14 Singapore (4) Cost to import (US$ per 830 765 730 1,180 875 1,145 1,660 Malaysia (420) container) Enforcing Contracts (rank) 56 57 85 79 16 160 103 Luxembourg (1) Doing Business 2013 Slovenia 13 Best performer globally Czech Republic DB2013 Hungary DB2013 Slovenia DB2013 Slovenia DB2012 Albania DB2013 Indicator Serbia DB2013 Italy DB2013 DB2013 Time (days) 1,290 1,290 390 611 395 1,210 635 Singapore (150) Cost (% of claim) 12.7 12.7 35.7 33.0 15.0 29.9 31.3 Bhutan (0.1) Procedures (number) 32 32 39 27 35 41 36 Ireland (21)* Resolving Insolvency 42 39 66 34 70 31 103 Japan (1) (rank) Time (years) 2.0 2.0 2.0 3.2 2.0 1.8 2.0 Ireland (0.4) Cost (% of estate) 4 4 10 17 15 22 20 Singapore (1)* Outcome (0 as piecemeal sale and 1 as going 0 0 1 0 1 0 concern) Recovery rate (cents on 49.8 51.1 39.6 56.3 38.8 63.4 29.1 Japan (92.8) the dollar) Note: DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such factors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. The ranking methodology for the paying taxes indicators changed in Doing Business 2013; see the data notes for details. For more information on “no practice� marks, see the data notes. Data for the outcome of the resolving insolvency indicator are not available for DB2012. * 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 2013 Slovenia 14 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 Preregistration (for example, name well as to new markets. And their employees can verification or reservation, notarization) benefit from protections provided by the law. An additional benefit comes with limited liability Registration in the economy‘s largest companies. These limit the financial liability of business city company owners to their investments, so personal Postregistration (for example, social security assets of the owners are not put at risk. Where registration, company seal) governments make registration easy, more entrepreneurs start businesses in the formal sector, Time required to complete each procedure creating more good jobs and generating more (calendar days) revenue for the government. Does not include time spent gathering What do the indicators cover? information Doing Business measures the ease of starting a Each procedure starts on a separate day business in an economy by recording all Procedure completed once final document is procedures officially required or commonly done in received practice by an entrepreneur to start up and formally operate an industrial or commercial No prior contact with officials business—as well as the time and cost required to Cost required to complete each procedure complete these procedures. It also records the (% of income per capita) paid-in minimum capital that companies must deposit before registration (or within 3 months). Official costs only, no bribes The ranking on the ease of starting a business is No professional fees unless services required the simple average of the percentile rankings on by law the 4 component indicators: procedures, time, cost and paid-in minimum capital requirement. Paid-in minimum capital (% of income per capita) To make the data comparable across economies, Doing Business uses several assumptions about the Deposited in a bank or with a notary before business and the procedures. It assumes that all registration (or within 3 months) information is readily available to the entrepreneur  Has a start-up capital of 10 times income per and that there has been no prior contact with capita. officials. It also assumes that the entrepreneur will  Has a turnover of at least 100 times income per pay no bribes. And it assumes that the business: capita.  Is a limited liability company, located in the  Does not qualify for any special benefits. largest business city.  Does not own real estate.  Has between 10 and 50 employees.  Is 100% domestically owned.  Conducts general commercial or industrial activities. Doing Business 2013 Slovenia 15 STARTING A BUSINESS Where does the economy stand today? What does it take to start a business in Slovenia? costs 0.0% of income per capita and requires paid-in According to data collected by Doing Business, starting minimum capital of 43.9% of income per capita (figure a business there requires 2 procedures, takes 6 days, 2.1). Figure 2.1 What it takes to start a business in Slovenia Paid-in minimum capital (% of income per capita): 43.9 Note: Time shown in the figure above may not reflect simultaneity of procedures. 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 2013 Slovenia 16 STARTING A BUSINESS Globally, Slovenia stands at 30 in the ranking of 185 regional average ranking provide other useful economies on the ease of starting a business (figure information for assessing how easy it is for an 2.2). The rankings for comparator economies and the entrepreneur in Slovenia to start a business. Figure 2.2 How Slovenia and comparator economies rank on the ease of starting a business Source: Doing Business database. Doing Business 2013 Slovenia 17 STARTING A BUSINESS What are the changes over time? While the most recent Doing Business data reflect how process have changed—and which have not (table 2.1). easy (or difficult) it is to start a business in Slovenia That can help identify where the potential for today, data over time show which aspects of the improvement is greatest. Table 2.1 The ease of starting a business in Slovenia over time By Doing Business report year Indicator DB2004 DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 Rank .. .. .. .. .. .. .. .. 28 30 Procedures 9 9 9 9 9 5 3 2 2 2 (number) Time (days) 60 60 60 60 60 19 6 6 6 6 Cost (% of income per 14.8 13.5 12.0 9.4 8.5 0.1 0.0 0.0 0.0 0.0 capita) Paid-in Min. Capital (% of 19.9 19.0 17.0 54.0 49.8 46.8 43.3 45.0 43.6 43.9 income per capita) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such factors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. Source: Doing Business database. Doing Business 2013 Slovenia 18 STARTING A BUSINESS Equally helpful may be the benchmarks provided by a business (figure 2.3). These benchmarks help show the economies that over time have had the best what is possible in making it easier to start a business. performance regionally or globally on the procedures, And changes in regional averages can show where time, cost or paid-in minimum capital required to start Slovenia is keeping up—and where it is falling behind. Figure 2.3 Has starting a business become easier over time? Procedures (number) Time (days) Doing Business 2013 Slovenia 19 STARTING A BUSINESS Cost (% of income per capita) Paid-in minimum capital (% of income per capita) Note: Ninety-one economies globally have no paid-in minimum capital requirement. Source: Doing Business database. Doing Business 2013 Slovenia 20 STARTING A BUSINESS Economies around the world have taken steps making greater firm satisfaction and savings and more it easier to start a business—streamlining procedures registered businesses, financial resources and job by setting up a one-stop shop, making procedures opportunities. simpler or faster by introducing technology and What business registration reforms has Doing Business reducing or eliminating minimum capital requirements. recorded in Slovenia (table 2.2)? Many have undertaken business registration reforms in stages—and they often are part of a larger regulatory reform program. Among the benefits have been Table 2.2 How has Slovenia made starting a business easier—or not? By Doing Business report year DB year Reform DB2008 No reform as measured by Doing Business. The single access point reforms reduced the number of DB2009 procedures and day substantially. Slovenia eased business start up by reducing the time for company registration, allowing for simultaneous tax DB2010 registration during company registration through the e-Vem system, and abolishing the use of company seal. Slovenia made starting a business easier through DB2011 improvements to its one-stop shop that allowed more online services. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. 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 2013 Slovenia 21 STARTING A BUSINESS What are the details? Underlying the indicators shown in this chapter for STANDARDIZED COMPANY Slovenia is a set of specific procedures—the bureaucratic and legal steps that an entrepreneur must complete to incorporate and register a new City: Ljubljana firm. These are identified by Doing Business through collaboration with relevant local Legal Form: Druzba z omejeno odgovornostjo professionals and the study of laws, regulations and (D.O.O.) publicly available information on business entry in Paid in Minimum Capital Requirement: EUR 7,500 that economy. Following is a detailed summary of those procedures, along with the associated time Start-up Capital: 10 times GNI per capita and cost. These procedures are those that apply to a company 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). Summary of procedures for starting a business in Slovenia—and the time and cost Time to No. Procedure Cost to complete complete Deposit capital in a bank account and get a receipt from the bank The minimum founding capital is EUR 7,500. The founding capital, or the base capital contribution can be paid in cash or as a non-cash contribution. Non-cash contribution include movables, real property, rights or any other non-cash assets. Before filing the application for entry, the partner must provide for at least one-quarter of the nominal capital, and the total value of all guaranteed contributions must amount to at least EUR 7,500. In order for an applicant to be able to file the application for 1 day no charge 1 registration at the e-VEM access point, they must demonstrate a certificate on the paid-in founding capital. The deposit account where the founding capital is deposited can be opened at a bank teller or electronically via the e-VEM web portal, which some banks already support and others are expected to join the system in the near future. The participating corporate banks allow e-VEM points to check for themselves whether the capital has been deposited to the bank account, and they can print out the certificate on the payment of the founding capital using the bank's information system data. Register at the electronic One-stop shop: E-vem 2 On 1 February 2008 single access points (VEM) began to operate for 4-6 days no charge Limited Liability Companies. This reform is aimed at lowering of costs for establishment of LLC companies and at simplification of Doing Business 2013 Slovenia 22 Time to No. Procedure Cost to complete complete administrative procedures. Founders may establish a LLC at the VEM point under two conditions: (1) all the contributions have to be paid in cash and prior to the registration of the company and (2) the articles of association have to be drafted in a special form (only mandatory and most common provisions can be incorporated in this form). In order to found a LLC, founders have to visit the VEM entry point in person, as the authorized person has to carry out their identification. VEM points will allow procedures to be dealt on line such as: • Limited Liability companies can go directly to the VEM, the deed is sent to point VEM or to the registration body through electronic channels, it must be signed by means of a safe electronic signature with qualified certificate (The qualified certificate is the special digital certificate for identity check and electronic operation at the VEM point services) • Standard Articles of Association : help the founders to draft the articles of association, verify their signatures where necessary and draft the corresponding preposition for registration of the company at the court register. However it is still the common practise to have the statutes and the articles of assocations prepared and certified by the notary. • Publication : Even if this requirement is not mandatory anymore, E- VEM allows for the company information to be available online. This information is so automatically published, which helped to shorten the time for starting a business in Slovenia. • Register with the Statistical Office of Slovenia : the court register automatically forwards all the required information to AJPES. The information is then entered in the Business Register and published online. Court register and business register are technically united in one information base and are now both run by AJPES. • Register with the tax administration - the tax information is trasmitted through E-VEM and data is entered automatically when it is received from E-VEM. • Register with the Health Institute. * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2013 Slovenia 23 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 PERMITS INDICATORS MEASURE excessive constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in Procedures to legally build a warehouse time and money, many builders opt out. They may (number) pay bribes to pass inspections or simply build Submitting all relevant documents and illegally, leading to hazardous construction that obtaining all necessary clearances, licenses, puts public safety at risk. Where compliance is permits and certificates simple, straightforward and inexpensive, everyone Completing all required notifications and is better off. receiving all necessary inspections What do the indicators cover? Obtaining utility connections for water, Doing Business records the procedures, time and sewerage and a fixed telephone line cost for a business to obtain all the necessary Registering the warehouse after its approvals to build a simple commercial warehouse completion (if required for use as collateral or in the economy‘s largest business city, connect it to for transfer of the warehouse) basic utilities and register the property so that it Time required to complete each procedure can be used as collateral or transferred to another (calendar days) entity. Does not include time spent gathering The ranking on the ease of dealing with information construction permits is the simple average of the Each procedure starts on a separate day percentile rankings on its component indicators: procedures, time and cost. Procedure completed once final document is received To make the data comparable across economies, Doing Business uses several assumptions about the No prior contact with officials business and the warehouse, including the utility Cost required to complete each procedure (% connections. of income per capita) The business: Official costs only, no bribes  Is a limited liability company operating in  Will be connected to water, sewerage the construction business and located in (sewage system, septic tank or their the largest business city. equivalent) and a fixed telephone line. The  Is domestically owned and operated. connection to each utility network will be 10 meters (32 feet, 10 inches) long.  Has 60 builders and other employees.  Will be used for general storage, such as of The warehouse: books or stationery (not for goods requiring  Is a new construction (there was no special conditions). previous construction on the land).  Will take 30 weeks to construct (excluding all  Has complete architectural and technical delays due to administrative and regulatory plans prepared by a licensed architect. requirements). Doing Business 2013 Slovenia 24 DEALING WITH CONSTRUCTION PERMITS Where does the economy stand today? What does it take to comply with the formalities to permits there requires 11 procedures, takes 197 days build a warehouse in Slovenia? According to data and costs 65.3% of income per capita (figure 3.1). collected by Doing Business, dealing with construction Figure 3.1 What it takes to comply with formalities to build a warehouse in Slovenia Note: Time shown in the figure above may not reflect simultaneity of procedures. 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 2013 Slovenia 25 DEALING WITH CONSTRUCTION PERMITS Globally, Slovenia stands at 61 in the ranking of 185 other useful information for assessing how easy it is for economies on the ease of dealing with construction an entrepreneur in Slovenia to legally build a permits (figure 3.2). The rankings for comparator warehouse. economies and the regional average ranking provide Figure 3.2 How Slovenia and comparator economies rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2013 Slovenia 26 DEALING WITH CONSTRUCTION PERMITS What are the changes over time? While the most recent Doing Business data reflect how of the process have changed—and which have not easy (or difficult) it is to deal with construction permits (table 3.1). That can help identify where the potential in Slovenia today, data over time show which aspects for improvement is greatest. Table 3.1 The ease of dealing with construction permits in Slovenia over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 Rank .. .. .. .. .. .. 61 61 Procedures (number) 12 12 12 12 11 11 11 11 Time (days) 212 212 212 212 211 197 197 197 Cost (% of income 50.4 47.8 81.8 81.4 62.2 66.3 64.9 65.3 per capita) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such factors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. For more information on ―no practice‖ marks, see the data notes. Source: Doing Business database. Doing Business 2013 Slovenia 27 DEALING WITH CONSTRUCTION PERMITS Equally helpful may be the benchmarks provided by possible in making it easier to deal with construction the economies that over time have had the best permits. And changes in regional averages can show performance regionally or globally on the procedures, where Slovenia is keeping up—and where it is falling time or cost required to deal with construction permits behind. (figure 3.3). These benchmarks help show what is Figure 3.3 Has dealing with construction permits become easier over time? Procedures (number) Time (days) Doing Business 2013 Slovenia 28 DEALING WITH CONSTRUCTION PERMITS Cost (% of income per capita) Source: Doing Business database. Doing Business 2013 Slovenia 29 DEALING WITH CONSTRUCTION PERMITS Smart regulation ensures that standards are met while building safety while keeping compliance costs making compliance easy and accessible to all. reasonable, governments around the world have Coherent and transparent rules, efficient processes and worked on consolidating permitting requirements. adequate allocation of resources are especially What construction permitting reforms has Doing important in sectors where safety is at stake. Business recorded in Slovenia (table 3.2)? Construction is one of them. In an effort to ensure Table 3.2 How has Slovenia made dealing with construction permits easier—or not? By Doing Business report year DB year Reform DB2008 No reform as measured by Doing Business. DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. 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 2013 Slovenia 30 DEALING WITH CONSTRUCTION PERMITS What are the details? The indicators reported here for Slovenia are based BUILDING A WAREHOUSE on a set of specific procedures—the steps that a company must complete to legally build a warehouse—identified by Doing Business through City : Ljubljana information collected from experts in construction licensing, including architects, construction Estimated lawyers, construction firms, utility service providers EUR 2,000,000 Warehouse Value : and public officials who deal with building regulations. These procedures are those that apply The procedures, along with the associated time and to a company and structure matching the standard cost, are summarized below. assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). Summary of procedures for dealing with construction permits in Slovenia —and the time and cost Time to No. Procedure Cost to complete complete Obtain the location information Before preparation of the project documentation, either the investor or the project manager must acquire location information. The location information includes data on plot conditions, as determined by the municipal Spatial Acts (zoning laws), and data on the intended use of the area. A copy of the cadastral plan of the plot should be attached to the application for the location information. The cost for the procedure is a stamp duty of EUR 17.73 for the location information and EUR 1.42 per sheet of the cadastral plan. According to the Spatial Planning Act amended in 2008, the applicant is 1 day EUR 18 1 not obliged to obtain the location information any more. Also, according to the Construction Act amended in 2008, the location information is no longer a part of the project documentation for building permit. All data included in the location information must be obtained ex officio by the local administration that issues the building permit. However, in practice obtaining the location information is still done by most applicants to provide additional guarantee. Additionally, the location information provides a clear list of project approvals that must be obtained in the process of obtaining the building permit Doing Business 2013 Slovenia 31 Time to No. Procedure Cost to complete complete for the area in question. Location documents can be obtained online. This lagged reform has allowed anybody to obtain land maps, geodetic data directly online. Obtain project conditions from water and sewage provider Project conditions from the water and sewage provider - JP Vodovod- Kanalizacija d.o.o. must be obtained before the project design is completed in order to define all special requirements which should be taken into consideration while preparing the project design with respect to the connecting of the building to the water and sewage network. According to the last amendment to the Construction Act which came into force on April 15, 2008, all agencies authorized for issuing the project conditions and approvals to the project solutions (i.e. water provider, electricity provider etc.) must issue the aforementioned conditions and approvals to the investor or to the project manager free of charge. The project conditions must be issued in 30 days (15 days in case of simple constructions) from the day of submitting the application. In case the project conditions are not issued within the aforementioned deadline, it is deemed that the agency does not impose any conditions to the project design. It is deemed that the 15 days no charge 2 authority gives its approval to the project approval stage. That means that the investor may start soliciting the building permit without attaching the project approval to the application (the investor must only attach the confirmation of receipt of the application for the project conditions as a proof that the application was filed to the agency). Nevertheless, the agency can still impose its conditions later when the building permit is being obtained and in that case the investor must apply for the project approval. Further under the new Construction Act, the investor is not obliged to obtain the project conditions in case that the construction area in question is covered by the spatial planning act. In that case authorized agencies already gave their opinions regarding the spatial arrangement of the area already in the process of adopting the spatial planning act. In that case the investor is obliged to obtain only the authorized agency‘s approval to the project approval. A draft of the project design is an obligatory attachment to the application for the project conditions. Obtain project approval from water and sewage provider After the project design is completed, approval from the same agencies which imposed conditions on the project design must be obtained; confirming that the project design is completed in accordance with the 3 requirements stated in the project conditions. 30 days no charge As already stated in (Procedure 2), the authorized agency‘s approval to the project solution is according to the last amendment to the Construction Act free of any charge. The authorized agency must issue its approval (or disapproval) to the project solutions in 30 days from Doing Business 2013 Slovenia 32 Time to No. Procedure Cost to complete complete submitting the application. If the agency's s approval (disapproval) is not issued within the 30 days, it is deemed that the agency has given its approval (i.e. the investor may start with the building permit obtaining procedure without attaching the project approval to the application). The obligatory attachment to the application for approval to the project solutions is a part of the project design which applies to connecting of the building to the water and sewage network. This procedure can take place simultaneously with previous procedure. Apply for and obtain a building permit from the Administration Unit Ljubljana According to the amended Construction Act, the obligatory attachments to the application for the building permit are the project design (at least two copies) and the certificate of the right to build (i.e. except for the land registry as a proof of ownership of the land). The project design must be prepared by the licensed architect. The project design includes data on location of the building, schemes, architectural plan, plan of building structures, plan on electrical installations, etc. The obligatory attachment to the application is a copy of all previously obtained approvals to the project solutions (please see Procedure 5 and 6). The administrative unit issues the building permit if the following conditions are fulfilled: • Project design is completed in accordance with the applicable spatial plans • Project design is prepared by a licensed architect • All required approvals have been obtained 60 days EUR 782 4 • Project design is prepared in accordance with the valid legislation • Contributions prescribed by law have been paid (i.e. administrative tax for the application for the building permit, public utilities charge, compensation for degradation of the environment) • Building will be furnished with the minimal standard of the utility services (i.e. electricity, water and sewage etc.) The building permit is no longer valid if the investor fails to commence construction of the building in three years (two years in the case of the less complex constructions) from the date the building permit became final. According to the law, the administrative unit shall issue a building permit in 2 months (60 days) from the day the application (including all obligatory attachments) was submitted. This can take longer in practice but official statistics show that the legal time limit of 60 days is a safe time estimate. The cost depends on the value of the construction. The cost for building permit for a construction worth EUR 2 million, as it is in BuildCo's case, is EUR 730.00.The method for calculating the cost for Doing Business 2013 Slovenia 33 Time to No. Procedure Cost to complete complete issuing the building permit is the same, only the limit has changed from EUR 417,292.61 to EUR 420,000.00. For example, if the construction value is EUR 420,000.00, the administrative tax is EUR 3.88 for the application itself and EUR 567.20 for the building permit. If the value of the construction is higher than EUR 420,000.00, the administrative tax is EUR 3.88 for the application itself and 0.01 % of the construction value for the building permit (0.01 % of the value of the construction applies only to the value of the construction exceeding EUR 420.00, in addition EUR 619.72 that applies to the value of the construction up to EUR 420,000.00). The costs for the building permit for a construction worth EUR 2 million would therefore be: • Administrative tax for the application: EUR 3.55 • Administrative tax for the building permit: EUR 777.72. Note (EUR 2,000,000.00 - EUR 420,000.00) * 0.01% + EUR 619.72 = EUR 158.00 + EUR 619.72 = EUR 777.72 * Hire a geodesist company to conduct marking out before construction and after construction BuildCo would be using the services of a licensed geodesist company or specialist before the construction and after the new building is completed. Before construction, BuildCo must ensure that the construction is marked out according to the building permit. A written notice stating the date and the place of marking out shall be sent to the municipal administration at least 8 days before commencement of the works. The associated cost depends on the size of the construction and on the number of corners (for example, for the building with 4 1 day EUR 960 5 corners the price is between EUR 370.00 and EUR 700.00). This procedure is a prerequisite for the Technical Examination by the Administration Unit Ljubljana. After construction, the company needs to undertake a new study and prepare a geodetic plan of the new state of the plot. The associated cost depends on the size of the construction and on the number of corners (for example, for the building with 4 corners the price is between EUR 370.00 and EUR 700.00). This segment came as reform under the Construction Act (2008). File the report of the construction site with the Labor Inspection 6 According to the regulations on labor safety at construction sites, 1 day no charge BuildCo must prepare a report on the site and send it to the Labor Inspection at least 15 days before starting construction work. Request license for use and receive technical examination by the Administration Unit Ljubljana 7 The cost for technical examination depends on the value of the 45 days EUR 272 construction, namely 0.05 % from the construction value with the maximum fee of EUR 271.83. For the construction worth EUR 2 million, the fee would be EUR 271.83. Doing Business 2013 Slovenia 34 Time to No. Procedure Cost to complete complete * Obtain the license for use The application for a license to use must be filed in 8 days from the conclusion of construction works. The application shall state that the building was constructed in accordance with the building permit (the date and the number of the building permit must be also stated).The obligatory attachments to the application for license for use are: • Project design of executed works (prepared by licensed architect) • Geodetic plan of the new state of the plot with the completed construction (prepared by the authorized geodetic company, the costs vary between different geodetic companies (for the building with total surface of approximately 1,300.6 sq. m., the price is between EUR 350.00 and EUR 700.00) • Certificate of reliability of the construction, signed by the responsible site manager, if appointed, and by the responsible project leader and the responsible supervisor • Project plan regarding the maintenance and operation of the building, 12 days EUR 19 8 stating the minimal time limits for regular examinations and the scope of maintenance work • Other documents, if required by special regulation If the Administrative Unit establishes that the application has all obligatory attachments, it names the commission for technical examination of the building and determines the date of the examination (Procedure 1). If the commission for technical examination establishes that the building was constructed in accordance with the issued building permit, the Administrative unit issues the license for use. The costs of the license for use are EUR 3.88 for the application and EUR 15.49 for the decision on issuance of the license for use, together EUR 19.37. According to the law the administrative unit shall issue the license for use in 2 months (captured in previous and this procedure) from the day of submitting the application. Project for registration in official records According to the Real Estate Recording Act, the investor must file the application for registering the building into the Cadastre of buildings in 30 days from conclusion of all construction works or in 30 days from beginning of use of the building. In each case, the application shall be filed before the investor notifies its registered seat in the building (i.e. at the address of the building). If the application for registering the 9 building is not filed in 30 days from beginning of use or conclusion of 45 days EUR 19 all construction works, the Surveying and Mapping Authority invites the investor to file the application in three months under the threat that a fine will be imposed upon him if the application is not filed as required by the Authority. Please note that the Construction Act defines the final deadline for registering the building into the Cadastre of buildings, which is 15 days after the decision on issuance of the license for use becomes final. Doing Business 2013 Slovenia 35 Time to No. Procedure Cost to complete complete The obligatory attachment to the application is the geodetic analysis on the building (project of the building) prepared by the authorized geodetic company in the earlier stage. Administrative tax for the application for entering the building into the Cadastre of buildings is EUR 19.37. The project of the building is then transferred to the authorized agency together with the application for registering the building into the Cadastre of buildings. The building is than registered in additional 2 to 3 months from the day the application (together with the obligatory attachment, i.e. geodetic analysis) was submitted to the authorized agency. Authorized agency is the Regional Surveying and Mapping Authority. * Apply for water and sewerage connection Once the building permit is obtained, the investor may apply for connection approval to the Vodovod-Kanalizacija d.o.o. (hereinafter: the "utility").The obligatory attachments are: • The building permit • Proof of ownership of the land • Plan of the plot showing the position of the building on the plot • Project of grid connection to the water and sewage network (it may be prepared by the utility or other company; the costs for the project regarding the connection to the water network amount to EUR 240.00 and regarding the connection to the sewage network EUR 304.00) The connection approval must be issued free of any charge and in 30 days from the day the application was submitted. After the connection approval is obtained from the utility, the building (fitting) of the grid connection (external works) may start. The grid 10 connection to the water network is usually made by the utility. The 30 days EUR 9,000 utility examines documentation to make an estimate of costs and time needed and afterwards prepares an offer for making a grid connection to the client. However, another company may be engaged to do external works as well subject to condition that the utility` s approval of such company is obtained previously and subject to condition that a notice on commencement of the works is sent to the utility at least 3 days before beginning of works in order to enable the utility‘s supervision. The same applies to a grid connection to the sewage network which is always made by another authorized company under utility` s supervision (the utility itself does not offer such services, i.e. building (fitting) a connection to the sewage network). The cost for connection to the water and sewage network is EUR 9000.00. The building (fitting) of the gird connection takes additional 30 days. After the grid connection is built, the utility examines the connection (inspection at the site). The costs of such inspection amount EUR 30.00 for each grid connection. If connection is in accordance with requirements stated in the connection approval, the building is connected to the network. Doing Business 2013 Slovenia 36 Time to No. Procedure Cost to complete complete For each gird connection a geodetic fixation must be made in order to enter the connection into the cadastre. Such fixation is made by the utility (the costs amount to EUR 224.00 for each grid connection). * Request and obtain telecommunications connection After the project conditions and approval are granted by the utility 11 providers, it is not certain when the project will be completed. A special 10 days EUR 89 application to utility providers should be made after the construction of a new building is completed, so that the building gets connected to public utilities. * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2013 Slovenia 37 GETTING ELECTRICITY Access to reliable and affordable electricity is vital WHAT THE GETTING ELECTRICITY for businesses. To counter weak electricity supply, many firms in developing economies have to rely INDICATORS MEASURE on self-supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the Procedures to obtain an electricity first step for a customer is always to gain access by connection (number) obtaining a connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for Completing all required notifications and a 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 Obtaining external installation works and complete them. These procedures include possibly purchasing material for these works applications and contracts with electricity utilities, Concluding any necessary supply contract and clearances from other agencies and the external obtaining final supply and final connection works. The ranking on the ease of getting electricity is the simple average of Time required to complete each procedure the percentile rankings on its component (calendar days) indicators: procedures, time and cost. To make the Is at least 1 calendar day data comparable across economies, several assumptions are used. Each procedure starts on a separate day The warehouse: Does not include time spent gathering information  Is located in the economy‘s largest business city, in an area where other Reflects the time spent in practice, with little warehouses are located. follow-up and no prior contact with officials  Is not in a special economic zone where Cost required to complete each procedure the connection would be eligible for (% of income per capita) subsidization or faster service. Official costs only, no bribes  Has road access. The connection works Excludes value added tax involve the crossing of a road or roads but are carried out on public land.  Is 150 meters long.  Is a new construction being connected to  Is to either the low-voltage or the medium- electricity for the first time. voltage distribution network and either overhead  Has 2 stories, both above ground, with a or underground, whichever is more common in total surface of about 1,300.6 square the economy and in the area where the meters (14,000 square feet), and is built on warehouse is located. The length of any a plot of 929 square meters (10,000 square connection in the customer‘s private domain is feet). negligible. The electricity connection:  Involves installing one electricity meter. The monthly electricity consumption will be 0.07  Is a 3-phase, 4-wire Y, 140-kilovolt-ampere gigawatt-hour (GWh). The internal electrical (kVA) (subscribed capacity) connection. wiring has been completed. Doing Business 2013 Slovenia 38 GETTING ELECTRICITY Where does the economy stand today? What does it take to obtain a new electricity procedures, takes 38 days and costs 119.9% of income connection in Slovenia? According to data collected by per capita (figure 4.1). Doing Business, getting electricity there requires 5 Figure 4.1 What it takes to obtain an electricity connection in Slovenia 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 2013 Slovenia 39 GETTING ELECTRICITY Globally, Slovenia stands at 31 in the ranking of 185 regional average ranking provide another perspective economies on the ease of getting electricity (figure in assessing how easy it is for an entrepreneur in 4.2). The rankings for comparator economies and the Slovenia to connect a warehouse to electricity. Figure 4.2 How Slovenia and comparator economies rank on the ease of getting electricity Source: Doing Business database. Doing Business 2013 Slovenia 40 GETTING ELECTRICITY Even more helpful than rankings on the ease of getting performers on these indicators may provide useful electricity may be the indicators underlying those benchmarks. rankings (table 4.1). And regional and global best Table 4.1 The ease of getting electricity in Slovenia Best performer in Best performer Indicator Slovenia DB2013 Slovenia DB2012 OECD high income globally DB2013 DB2013 Rank 31 30 Iceland (1) Iceland (1) Procedures (number) 5 5 Germany (3) Germany (3)* Time (days) 38 38 Germany (17) Germany (17) Cost (% of income per capita) 119.9 119.1 Japan (0.0) Japan (0.0) Note: DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such factors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. * Two or more economies share the top ranking on this indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Source: Doing Business database. Doing Business 2013 Slovenia 41 GETTING ELECTRICITY Obtaining an electricity connection is essential to safety in the connection process while keeping enable a business to conduct its most basic operations. connection costs reasonable, governments around the In many economies the connection process is world have worked to consolidate requirements for complicated by the multiple laws and regulations obtaining an electricity connection. What reforms in involved—covering service quality, general safety, getting electricity has Doing Business recorded in technical standards, procurement practices and Slovenia (table 4.2)? internal wiring installations. In an effort to ensure Table 4.2 How has Slovenia made getting electricity easier—or not? By Doing Business report year DB year Reform DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. Source: Doing Business database. Doing Business 2013 Slovenia 42 GETTING ELECTRICITY What are the details? The indicators reported here for Slovenia are based on OBTAINING AN ELECTRICITY CONNECTION a set of specific procedures—the steps that an entrepreneur must complete to get a warehouse connected to electricity by the local distribution City: Ljubljana utility—identified by Doing Business. Data are collected from the distribution utility, then completed and Name of Utility: Elektro Ljubljana, d.d. verified by electricity regulatory agencies and independent professionals such as electrical engineers, The procedures are those that apply to a warehouse electrical contractors and construction companies. The and electricity connection matching the standard electricity distribution utility surveyed is the one assumptions used by Doing Business in collecting the serving the area (or areas) in which warehouses are data (see the section in this chapter on what the located. If there is a choice of distribution utilities, the indicators cover). The procedures, along with the one serving the largest number of customers is associated time and cost, are summarized below. selected. Summary of procedures for getting electricity in Slovenia—and the time and cost Time to No. Procedure Cost to complete complete Submit application with Elektro Ljubljana and await estimate An application can be submitted in person, by mail and by e-mail. The following approvals and contracts are needed in the process of connecting a new customer to the power grid: • approval of warehouse project (Statement that the warehouse matches requirements of the power connection conditions), • connection approval (Detailed technical specification; metering, rights and obligations of utility and investor-owner), • connection contract. The customer has to send applications for each of those approvals and contract at the same time to the utility to the same department. In 1 addition, the customer has to request at the same time the technical 25 calendar days no charge conditions from the utility. The customer is sending an application to ask for the ―power connection conditions‖. The technical conditions are needed to get information about the location, the point of ''hook up'', the nearest substation, and the distance. This information is necessary to design the connection. Documents to be attached to apply for those approvals and the technical conditions are (varies for each one): Location, electrical power needed, project documents and ownership documents. The documents do not need to be notarized. There are no extra costs associated. The customer gets the approvals by mail or can come and pick them up. There is no external inspection. If the external connection work is done by a private electrical contractor, an inspection by the utility is done during the connection works. The customer can apply for the internal inspection at this point by submitting an extra form. Doing Business 2013 Slovenia 43 Time to No. Procedure Cost to complete complete * Conclude supply agreement The customer has to submit a separate application for the supply contract. The utility is sending an offer back and the customer signs the 1 calendar day no charge 2 contract. The contract for the new connection and the supply contract must be signed before the physical connection works start. The separation of these two functions is regulated in the EC Directive (2003/54/EC and 96/92/EC). Receive external connection works and installation of meter by Elektro Ljubljana Transformers usually have enough capacity to accommodate an additional load of 140kVA inside and around the motorway ring (the area where warehouses usually locate). Therefore, no extra transformer needs to be built for the new customer and the warehouse is connected via simple hook-up to the next utility distribution transformer (usually 3 200 meters distance). Either the utility or an outside company is in 10 calendar days EUR 19,273.0 charge of the external works including designing the details of the external connection works. Both are possible (works carried out by the utility or by an electrical contractor), however it is more common to have the utility carrying out the connection works. The material is provided by the utility or the electrical contractor that would carry out the connection works. The meter gets installed at the same time as when the connection is done. It is installed either by the authorized electrical contractor or the utility that carries out the connection works. * Receive an internal inspection by a registered company An outside company that is registered for supervision confirms with a statement that the internal wiring is done according to regulations and 8 calendar days EUR 1,200.0 4 standards. The utility is also authorized to inspect the internal wiring. The customer has to request the internal inspection with the application for connection to the network. Someone from the customer‘s party has to be present. Apply for final connection to power grid with Elektro Ljubljana 5 After all documents are obtained, the connection is made and the meter 3 calendar days no charge is installed, the customer has to apply for a final hook up to the power grid. * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2013 Slovenia 44 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 immovable property (number) accepted as collateral for loans—limiting access to Preregistration (for example, checking for liens, finance. notarizing sales agreement, paying property transfer taxes) What do the indicators cover? Registration in the economy‘s largest business Doing Business records the full sequence of city procedures necessary for a business to purchase property from another business and transfer the Postregistration (for example, filing title with the municipality) property title to the buyer‘s name. The transaction is considered complete when it is opposable to Time required to complete each procedure third parties and when the buyer can use the (calendar days) property, use it as collateral for a bank loan or Does not include time spent gathering resell it. The ranking on the ease of registering information property is the simple average of the percentile rankings on its component indicators: procedures, Each procedure starts on a separate day time and cost. Procedure completed once final document is received To make the data comparable across economies, several assumptions about the parties to the No prior contact with officials transaction, the property and the procedures are Cost required to complete each procedure used. (% of property value) The parties (buyer and seller): Official costs only, no bribes  Are limited liability companies, 100% No value added or capital gains taxes included domestically and privately owned.  Are located in the periurban area of the economy‘s largest business city.  Has no mortgages attached and has been under the same ownership for the past 10  Have 50 employees each, all of whom are years. nationals.  Consists of 557.4 square meters (6,000 square  Perform general commercial activities. feet) of land and a 10-year-old, 2-story The property (fully owned by the seller): warehouse of 929 square meters (10,000  Has a value of 50 times income per capita. square feet). The warehouse is in good The sale price equals the value. condition and complies with all safety standards, building codes and legal  Is registered in the land registry or requirements. The property will be transferred cadastre, or both, and is free of title in its entirety. disputes.  Is located in a periurban commercial zone, and no rezoning is required. Doing Business 2013 Slovenia 45 REGISTERING PROPERTY Where does the economy stand today? What does it take to complete a property transfer in procedures, takes 110 days and costs 2.0% of the Slovenia? According to data collected by Doing property value (figure 5.1). Business, registering property there requires 5 Figure 5.1 What it takes to register property in Slovenia Note: Time shown in the figure above may not reflect simultaneity of procedures. 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 2013 Slovenia 46 REGISTERING PROPERTY Globally, Slovenia stands at 83 in the ranking of 185 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 Slovenia to transfer property. Figure 5.2 How Slovenia and comparator economies rank on the ease of registering property Source: Doing Business database. Doing Business 2013 Slovenia 47 REGISTERING PROPERTY What are the changes over time? While the most recent Doing Business data reflect how process have changed—and which have not (table 5.1). easy (or difficult) it is to register property in Slovenia That can help identify where the potential for today, data over time show which aspects of the improvement is greatest. Table 5.1 The ease of registering property in Slovenia over time By Doing Business report year Indicator DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 Rank .. .. .. .. .. .. .. 79 83 Procedures (number) 6 6 6 6 6 6 6 5 5 Time (days) 391 391 391 391 391 391 113 110 110 Cost (% of property value) 2.0 2.0 2.0 2.0 2.0 2.0 2.1 2.0 2.0 Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such factors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. For more information on ―no practice‖ marks, see the data notes. Source: Doing Business database. Doing Business 2013 Slovenia 48 REGISTERING PROPERTY Equally helpful may be the benchmarks provided by (figure 5.3). These benchmarks help show what is the economies that over time have had the best possible in making it easier to register property. And performance regionally or globally on the procedures, changes in regional averages can show where Slovenia time or cost required to complete a property transfer is keeping up—and where it is falling behind. Figure 5.3 Has registering property become easier over time? Procedures (number) Time (days) Doing Business 2013 Slovenia 49 REGISTERING PROPERTY Cost (% of property value) Source: Doing Business database. Doing Business 2013 Slovenia 50 REGISTERING PROPERTY Economies worldwide have been making it easier for have cut the time required substantially—enabling entrepreneurs to register and transfer property—such buyers to use or mortgage their property earlier. What as by computerizing land registries, introducing time property registration reforms has Doing Business limits for procedures and setting low fixed fees. Many recorded in Slovenia (table 5.2)? Table 5.2 How has Slovenia made registering property easier—or not? By Doing Business report year DB year Reform DB2008 No reform as measured by Doing Business. DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. Greater computerization in Slovenia‘s land registry reduced DB2011 delays in property registration by 75%. Slovenia made transferring property easier and less costly by DB2012 introducing online procedures and reducing fees. DB2013 No reform as measured by Doing Business. 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 2013 Slovenia 51 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 City: Ljubljana through information collected from local property Property Value: EUR 853,962 lawyers, notaries and property registries. These procedures are those that apply to a transaction The procedures, along with the associated time and matching the standard assumptions used by Doing cost, are summarized below. Business in collecting the data (see the section in this chapter on what the indicators cover). Summary of procedures for registering property in Slovenia—and the time and cost Time to No. Procedure Cost to complete complete Obtain a land registry extract from the Land Registry A land registry extract should be obtained by the seller from the Land Registry as a proof of ownership. Any encumbrances on the property will appear in the extract. Obtaining this extract from the Registry in the No cost - obtained 1 hard-copy format would take not more than 1 day if the property info is 1 day online. computerized. In the rare case when the property information is not in the court's system, the extract will take longer (a few days to obtain). An electronic version of the extract in ―pdf‖ format is obtained immediately, free of charge. Seller presents a tax declaration to the Tax Authority, and the land tax is assessed The seller is principally required to make a land tax declaration to the competent department of the Tax Administration of the Republic of Slovenia within 15 days after the day on which the purchase agreement was concluded. The Tax Administration is required to assess the land tax within 30 days of the day on which the tax declaration was made. If the purchase price of real estate is lower than 80% of generalized market value (assessed by the Surveying and Mapping Authority of the 2 Republic of Slovenia, GURS), the tax base is set at 80% of generalized 1-30 days no cost market value (based on Mass Real Estate Valuation Act published in the Official Gazette of RS of 16 May 2006 and 2 November 2011 and put in practice on 26 December 2011). If taxpayer does not agree with such tax base, he can, till the end of appealing period, argue it by individual valuation carrying the valuation cost. The documentation shall include: Filled-in tax declaration Proof of ownership (e.g. land registry extract obtained in Procedure 1) Basis for the transfer of real estate (e.g. contract) For companies acting as buyer – copy of the court registry entry Doing Business 2013 Slovenia 52 Time to No. Procedure Cost to complete complete Payment and Procedure of the real estate transfer tax or VAT tax at the Tax Administration Office The VAT does not have to be paid if the transaction of real estate is taxed by Real Estate Transfer Tax. VAT is obligatory only for new real estate. The Real Estate Transfer Tax Procedure is as follows: The taxpayer has to insert the tax declaration within 15 days at the Tax Authority, after the deed of sale is signed. The Tax Authority has to assess the real estate transfer tax within 30 days after receiving the declaration. When the real estate transfer tax is assessed on the basis of the selling price, the tax must be paid at the competent Tax Administration Office within 30 days after the receipt of the decision on 2% of property price 3 tax assessment. If the Tax Administration has doubts about the real value 1 day (transfer tax) of the transferred real estate it can request the submission of an expert‘s appraisal of the value of the given real estate in order to correctly assess the tax liability. The VAT Procedure is as follows: VAT by transfer of property is paid only if the seller, who is liable for VAT, agrees with the buyer of real estate, who is also liable for VAT with the right to deduct the full input VAT to charge for VAT at the prescribed rate on the supply that should be exempted from VAT. VAT rate for transfer of property is 20%, except the transfer of apartments, residential and other buildings for permanent living and other parts of buildings as part of social policy, including their building, renovation and repair, which is 8.5%. Based on the Minister of Justice's decree, dated January 23, 2001, notary fees are calculated according to the following schedule:Notary fees Certification of signatures and submit proposal to Land Registry for the land registry 4 1 day case are (in Euros): Contract value | Fees | td> VAT | td> Total | less then 4,590 | 4.59 | 0.92 | 5.51 | Doing Business 2013 Slovenia 53 Time to No. Procedure Cost to complete complete over 4,591 | 13.77 | 2.75 | 16.52 | over 20,655 | 22.95 | 4.59 | 27.54 | over 36,700 | 36,72 | 7.34 | 44.06 | over 68,850 | 45.90 | 9.18 | 55.08 | over 84,915 | 68.85 | 13.77 | 82.62 | If land registry permission is in a separate document, fees are 13,77 EUR + 2,75 VAT = 16,52 EUR. Entry of the proposal by the Land Registry The land registry court (Local court) initiates the registration process for the entry of title in the land register, on the basis of the land registry proposal. The amendments to the Land Registry Act adopted on 27 March 2009 and implemented on 1 May 2011 have enacted the mandatory submission of proposal with appendixes in electronic form to the courts. The land registry Procedure is completely computerized. The EUR 37 + EUR 7.4 submissions should be entered via a notary public or attorneys and real- VAT (notary fee for estate agencies acting on behalf of the applicant. However, the amended inscription in Land Register Act still provides some exceptions that registrations may 1 day (obtain seal) registry) + also be submitted directly by the applicant. Simultaneously, the + 90 days (entry in Registration court 5 amendments have transferred the responsibility for depositing original register) fees according to documents (e.g. contracts) that were attached to the submissions from sliding scale (EUR the courts to the notary, whereby the notary's confirmation of 250 for EUR 859,775 authenticity renders the evidence value of the electronic version equal to that of the original. The amendments enable free access via a web-portal of property) to the contents of the land register, including pending notations, and to land register extracts, neither of which were free of cost prior to the reform. The proposa; is sent to a central unit of the court which automatically assigns it to the least burdened local court. Once the proposal is filed with the competent land registry court, the registration process is initiated ex officio and the priority of entry is ensured by way of a land registry seal. The seal in the land registry that safeguards the Doing Business 2013 Slovenia 54 Time to No. Procedure Cost to complete complete priority order is obtained immediately. The priority order takes effect of the day on which the proposal has been filed. The buyer can theoretically dispose of the property as soon as the purchase agreement is signed and the (direct or indirect) possession of the property is obtained by the buyer. The possibility to dispose with the property at this stage would depend on the other party to the new contract. The buyer whose title is not yet entered into the land register but has already obtained the possession of the property enjoys the position of a proprietary possessor in good faith - the presumed owner. The latter has, among others, the right to claim the return of a property in the event of its dispossession from a proprietary possessor in good faith who has the property with a weaker legal title. In any case the buyer has a possibility to claim the return of the purchase price but has no claims under the law of property until the title is entered into the land register. Since May 1st, 2011 the proposal has to be filled in an electronic form. The Land registration fee had also changed and fees are not in points anymore. The documentation shall include: • Land registry proposal • Document including the registration clause with certified signature of the seller (obtained in Procedure 5) • Confirmation of the payment of the tax or taxes (obtained in Procedure 3) • Purchase contract (if not same as document including the registration clause) * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2013 Slovenia 55 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 the legal rights of borrowers and lenders in collateral and bankruptcy laws. Credit information systems enable lenders to view a Strength of legal rights index (0–10) potential borrower‘s financial history (positive or Protection of rights of borrowers and lenders negative)—valuable information to consider when through collateral laws assessing risk. And they permit borrowers to Protection of secured creditors‘ rights through establish a good credit history that will allow easier bankruptcy laws access to credit. Sound collateral laws enable businesses to use their assets, especially movable Depth of credit information index (0–6) property, as security to generate capital—while Scope and accessibility of credit information strong creditors‘ rights have been associated with distributed by public credit registries and higher ratios of private sector credit to GDP. private credit bureaus What do the indicators cover? Public credit registry coverage (% of adults) Doing Business assesses the sharing of credit Number of individuals and firms listed in information and the legal rights of borrowers and public credit registry as percentage of adult lenders with respect to secured transactions population through 2 sets of indicators. The depth of credit Private credit bureau coverage (% of adults) information index measures rules and practices Number of individuals and firms listed in affecting the coverage, scope and accessibility of largest private credit bureau as percentage of credit information available through a public credit adult population registry or a private credit bureau. The strength of legal rights index measures whether certain features that facilitate lending exist within the applicable collateral and bankruptcy laws. Doing Business uses case scenarios to determine the scope of the  Has 100 employees. secured transactions system, involving a secured  Is 100% domestically owned, as is the lender. borrower and a secured lender and examining legal The ranking on the ease of getting credit is based on restrictions on the use of movable collateral. These the percentile rankings on the sum of its component scenarios assume that the borrower: indicators: the depth of credit information index and  Is a private, limited liability company. the strength of legal rights index.  Has its headquarters and only base of operations in the largest business city. Doing Business 2013 Slovenia 56 GETTING CREDIT Where does the economy stand today? How well do the credit information system and Globally, Slovenia stands at 104 in the ranking of 185 collateral and bankruptcy laws in Slovenia facilitate economies on the ease of getting credit (figure 6.1). access to credit? The economy has a score of 4 on the The rankings for comparator economies and the depth of credit information index and a score of 4 on regional average ranking provide other useful the strength of legal rights index (see the summary of information for assessing how well regulations and scoring at the end of this chapter for details). Higher institutions in Slovenia support lending and borrowing. scores indicate more credit information and stronger legal rights for borrowers and lenders. Figure 6.1 How Slovenia and comparator economies rank on the ease of getting credit Source: Doing Business database. Doing Business 2013 Slovenia 57 GETTING CREDIT What are the changes over time? While the most recent Doing Business data reflect how institutions and regulations have been strengthened — well the credit information system and collateral and and where they have not (table 6.1). That can help bankruptcy laws in Slovenia support lending and identify where the potential for improvement is borrowing today, data over time can help show where greatest. Table 6.1 The ease of getting credit in Slovenia over time By Doing Business report year Indicator DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 Rank .. .. .. .. .. .. .. 97 104 Strength of legal rights 5 5 5 5 4 4 4 4 4 index (0-10) Depth of credit 3 3 3 2 4 4 4 4 4 information index (0-6) Public registry 2.5 2.7 2.9 2.5 2.7 2.7 2.7 3.3 3.4 coverage (% of adults) Private bureau 0.0 0.0 0.0 0.0 n.a. n.a. n.a. 100.0 98.9 coverage (% of adults) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such f actors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. Source: Doing Business database. Doing Business 2013 Slovenia 58 GETTING CREDIT One way to put an economy‘s score on the getting shows the number of economies with this score in credit indicators into context is to see where the 2012 as well as the regional average score. Figure 6.3 economy stands in the distribution of scores across shows the same thing for the depth of credit economies. Figure 6.2 highlights the score on the information index. strength of legal rights index for Slovenia in 2012 and Figure 6.2 How strong are legal rights for borrowers Figure 6.3 How much credit information is shared— and lenders? and how widely? Number of economies with each score on strength of legal Number of economies with each score on depth of credit rights index (0–10), 2012 information index (0–6), 2012 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 public credit registry or a private Source: Doing Business database. credit bureau, to facilitate lending decisions. Regional averages for the depth of credit information index exclude economies with no public registry or private bureau. Source: Doing Business database. Doing Business 2013 Slovenia 59 GETTING CREDIT When economies strengthen the legal rights of lenders credit information, they can increase entrepreneurs‘ and borrowers under collateral and bankruptcy laws, access to credit. What credit reforms has Doing and increase the scope, coverage and accessibility of Business recorded in Slovenia (table 6.2)? Table 6.2 How has Slovenia made getting credit easier—or not? By Doing Business report year DB year Reform The public credit registry increased the minimum loan DB2008 requirement from 0 to 500 Euros, as a result of the implementation of Euro. A new private bureau started operation - SISBON. Slovenia DB2009 made access to finance more difficult by decreasing secured creditors' rights during reorganization procedure. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. 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 2013 Slovenia 60 GETTING CREDIT What are the details? The getting credit indicators reported here for Slovenia The data on the legal rights of borrowers and lenders are based on detailed information collected in that are gathered through a survey of financial lawyers and economy. The data on credit information sharing are verified through analysis of laws and regulations as collected through a survey of a public credit registry or well as public sources of information on collateral and private credit bureau (if one exists). To construct the bankruptcy laws. For the strength of legal rights index, depth of credit information index, a score of 1 is a score of 1 is assigned for each of 8 aspects related to assigned for each of 6 features of the public credit legal rights in collateral law and 2 aspects in registry or private credit bureau (see summary of bankruptcy law. scoring below). Summary of scoring for the getting credit indicators in Slovenia OECD high OECD high income Indicator Slovenia income average average Strength of legal rights index (0-10) 4 7 Depth of credit information index (0-6) 4 5 Public registry coverage (% of adults) 3.4 31.5 Private bureau coverage (% of adults) 98.9 74.6 Note: In cases where an economy‘s regional classification is ―OECD high income,‖ regional averages above are only displayed once. Regional averages for the depth of credit information index exclude economies with no public registry or private bureau. Regional averages for the public registry coverage exclude economies with no public registry. Regional averages for the private bureau coverage exclude economies with no private bureau. Strength of legal rights index (0–10) Index score: 4 Can any business use movable assets as collateral while keeping possession of the assets; Yes and any financial institution accept such assets as collateral ? Does the law allow businesses to grant a non possessory security right in a single category No of 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 No automatically 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, that is unified geographically and by asset type, with an No electronic database indexed by debtor's names? Doing Business 2013 Slovenia 61 Strength of legal rights index (0–10) Index score: 4 Are secured creditors paid first (i.e. before general tax claims and employee claims) when a Yes debtor defaults outside an insolvency procedure? Are secured creditors paid first (i.e. before general tax claims and employee claims) when a Yes business is liquidated? Are secured creditors either not subject to an automatic stay or moratorium on enforcement procedures when a debtor enters a court-supervised reorganization procedure, or the law No provides secured creditors with grounds for relief from an automatic stay or Does the law allow parties to agree in a collateral agreement that the lender may enforce its Yes security right out of court, at the time a security interest is created? Private credit Public credit Depth of credit information index (0–6) Index score: 4 bureau registry Are data on both firms and individuals distributed? No No 0 Are both positive and negative data distributed? No Yes 1 Does the registry distribute credit information from retailers, trade creditors or utility companies as well No No 0 as financial institutions? Are more than 2 years of historical credit information Yes Yes 1 distributed? Is data on all loans below 1% of income per capita Yes No 1 distributed? Is it guaranteed by law that borrowers can inspect Yes No 1 their data in the largest credit registry? Note: An economy receives a score of 1 if there is a "yes" to either private bureau or public registry. Coverage Private credit bureau Public credit registry Number of firms 0 48,429 Number of individuals 1,407,160 0 Source: Doing Business database. Doing Business 2013 Slovenia 62 PROTECTING INVESTORS Investor protections matter for the ability of WHAT THE PROTECTING INVESTORS companies to raise the capital they need to grow, INDICATORS MEASURE innovate, diversify and compete. If the laws do not provide such protections, investors may be reluctant to invest unless they become the controlling Extent of disclosure index (0–10) shareholders. Strong regulations clearly define Who can approve related-party transactions related-party transactions, promote clear and efficient Disclosure requirements in case of related- disclosure requirements, require shareholder party transactions participation in major decisions of the company and set clear standards of accountability for company Extent of director liability index (0–10) insiders. Ability of shareholders to hold interested What do the indicators cover? parties and members of the approving body liable in case of related-party transactions Doing Business measures the strength of minority Available legal remedies (damages, repayment shareholder protections against directors‘ use of of profits, fines, imprisonment and rescission corporate assets for personal gain—or self-dealing. of the transaction) The indicators distinguish 3 dimensions of investor protections: transparency of related-party Ability of shareholders to sue directly or transactions (extent of disclosure index), liability for derivatively self-dealing (extent of director liability index) and Ease of shareholder suits index (0–10) shareholders‘ ability to sue officers and directors for Access to internal corporate documents misconduct (ease of shareholder suits index). The (directly or through a government inspector) ranking on the strength of investor protection index is the simple average of the percentile rankings on Documents and information available during these 3 indices. To make the data comparable across trial economies, a case study uses several assumptions Strength of investor protection index (0–10) about the business and the transaction. Simple average of the extent of disclosure, The business (Buyer): extent of director liability and ease of shareholder suits indices  Is a publicly traded corporation listed on the economy‘s most important stock exchange (or at least a large private company with multiple the company purchase used trucks from another shareholders). company he owns.  Has a board of directors and a chief executive  The price is higher than the going price for used officer (CEO) who may legally act on behalf of trucks, but the transaction goes forward. Buyer where permitted, even if this is not specifically required by law.  All required approvals are obtained, and all required disclosures made, though the transaction The transaction involves the following details: is prejudicial to Buyer.  Mr. James, a director and the majority  Shareholders sue the interested parties and the shareholder of the company, proposes that members of the board of directors. Doing Business 2013 Slovenia 63 PROTECTING INVESTORS Where does the economy stand today? How strong are investor protections in Slovenia? The index (figure 7.1). While the indicator does not economy has a score of 7.3 on the strength of investor measure all aspects related to the protection of protection index, with a higher score indicating minority investors, a higher ranking does indicate that stronger protections (see the summary of scoring at an economy‘s regulations offer stronger investor the end of this chapter for details). protections against self-dealing in the areas measured. Globally, Slovenia stands at 17 in the ranking of 185 economies on the strength of investor protection Figure 7.1 How Slovenia and comparator economies rank on the strength of investor protection index Source: Doing Business database. Doing Business 2013 Slovenia 64 PROTECTING INVESTORS What are the changes over time? While the most recent Doing Business data reflect how ranking on the strength of investor protection index well regulations in Slovenia protect minority investors over time shows whether the economy is slipping today, data over time show whether the protections behind other economies in investor protections—or have been strengthened (table 7.1). And the global surpassing them. Table 7.1 The strength of investor protections in Slovenia over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 Rank .. .. .. .. .. .. 24 17 Extent of disclosure 3 3 3 3 3 3 3 5 index (0-10) Extent of director liability index (0- 8 8 8 9 9 9 9 9 10) Ease of shareholder 8 8 8 8 8 8 8 8 suits index (0-10) Strength of investor protection 6.3 6.3 6.3 6.7 6.7 6.7 6.7 7.3 index (0-10) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such factors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. Source: Doing Business database. Doing Business 2013 Slovenia 65 PROTECTING INVESTORS One way to put an economy‘s scores on the protecting shows the number of economies with this score in investors indicators into context is to see where the 2012 as well as the regional average score. Figure 7.3 economy stands in the distribution of scores across shows the same thing for the extent of director liability economies. Figure 7.2 highlights the score on the index, and figure 7.4 for the ease of shareholder suits extent of disclosure index for Slovenia in 2012 and index. Figure 7.2 How strong are disclosure requirements? Figure 7.3 How strong is the liability regime for directors? Number of economies with each score on extent of Number of economies with each score on extent of director liability index (0–10), 2012 disclosure index (0–10), 2012 Note: Higher scores indicate greater liability of directors. Note: Higher scores indicate greater disclosure. No economy receives a score of 10 on the extent of Source: Doing Business database. director liability index. Source: Doing Business database. Doing Business 2013 Slovenia 66 PROTECTING INVESTORS Figure 7.4 How easy is access to internal corporate documents? Number of economies with each score on ease of shareholder suits index (0–10), 2012 Note: Higher scores indicate greater powers of shareholders to challenge the transaction. Source: Doing Business database. Doing Business 2013 Slovenia 67 PROTECTING INVESTORS The scores recorded over time for Slovenia on the changes over time in the regional average score on strength of investor protection index may also be this index. revealing (figure 7.5). Equally interesting may be the Figure 7.5 Have investor protections become stronger over time? Strength of investor protection index (0–10) Note: The higher the score, the stronger the investor protections. Source: Doing Business database. Doing Business 2013 Slovenia 68 PROTECTING INVESTORS Economies with the strongest protections of minority time. So reforms to strengthen investor protections investors from self-dealing require more disclosure may move ahead on different fronts—such as through and define clear duties for directors. They also have new or amended company laws or civil procedure well-functioning courts and up-to-date procedural rules. What investor protection reforms has Doing rules that give minority investors the means to prove Business recorded in Slovenia (table 7.2)? their case and obtain a judgment within a reasonable Table 7.2 How has Slovenia strengthened investor protections—or not? By Doing Business report year DB year Reform Slovenia strengthened investor protections by requiring that boards of directors obtain a prior approval from the DB2008 shareholders before entering into transactions representing 25% or more of the company's assets. Slovenia strengthened investor protections by allowing minority DB2009 investors to initiate suits against directors on behalf of the company in order to defend their rights as shareholders. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. Slovenia strengthened investor protections through a new law DB2013 regulating the approval of related-party transactions. 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 2013 Slovenia 69 PROTECTING INVESTORS What are the details? The protecting investors indicators reported here for shareholder suits indices, a score is assigned for each Slovenia are based on detailed information collected of a range of conditions relating to disclosure, director through a survey of corporate and securities lawyers as liability and shareholder suits in a standard case study well as on securities regulations, company laws and transaction (see the notes at the end of this chapter). court rules of evidence. To construct the extent of The summary below shows the details underlying the disclosure, extent of director liability and ease of scores for Slovenia. Summary of scoring for the protecting investors indicators in Slovenia OECD high OECD high income Indicator Slovenia income average average Extent of disclosure index (0-10) 5 6 Extent of director liability index (0-10) 9 5 Ease of shareholder suits index (0-10) 8 7 Strength of investor protection index (0-10) 7.3 6.1 Note: In cases where an economy‘s regional classification is ―OECD high income,‖ regional averages above are only displayed once. Score Score description Extent of disclosure index (0-10) 5 What corporate body provides legally sufficient Board of directors and Mr. James is 2 approval for the transaction? not allowed to vote Whether disclosure of the conflict of interest by Mr. Existence of a conflict without any 1 James to the board of directors is required? specifics Whether immediate disclosure of the transaction to 0 No disclosure obligation the public and/or shareholders is required? Whether disclosure of the transaction in published Disclosure on the transaction and Mr. 2 periodic filings (annual reports) is required? James' conflict of interest Whether an external body must review the terms of 0 No the transaction before it takes place? Extent of director liability index (0-10) 9 Whether shareholders can sue directly or derivatively for the damage that the Buyer-Seller transaction 1 Yes causes to the company? Doing Business 2013 Slovenia 70 Score Score description Whether shareholders can hold Mr. James liable for Liable for unfair/oppressive the damage that the Buyer-Seller transaction causes 2 transaction or prejudicial to minority to the company? shareholders Whether shareholders can hold members of the Liable for unfair/oppressive approving body liable for the damage that the Buyer- 2 transaction or prejudicial to minority Seller transaction causes to the company? shareholders Possible when the transaction is Whether a court can void the transaction upon a 1 oppressive or prejudicial to minority successful claim by a shareholder plaintiff? shareholders Whether Mr. James pays damages for the harm caused to the company upon a successful claim by 1 Yes the shareholder plaintiff? Whether Mr. James repays profits made from the transaction upon a successful claim by the 1 Yes shareholder plaintiff? Whether fines and imprisonment can be applied 1 Yes against Mr. James? Ease of shareholder suits index (0-10) 8 Whether shareholders owning 10% or less of Buyer's shares can inspect transaction documents before 0 No filing suit? Whether shareholders owning 10% or less of Buyer's shares can request an inspector to investigate the 1 Yes transaction? Whether the plaintiff can obtain any documents from Any information that may lead to the 4 the defendant and witnesses during trial? discovery of relevant information Whether the plaintiff can request categories of documents from the defendant without identifying 0 No specific ones? Whether the plaintiff can directly question the 2 Yes, without approval from the judge defendant and witnesses during trial? Whether the level of proof required for civil suits is 1 Yes lower than that of criminal cases? Strength of investor protection index (0-10) 7.3 Source: Doing Business database. Doing Business 2013 Slovenia 71 PAYING TAXES Taxes are essential. They fund the public amenities, WHAT THE PAYING TAXES INDICATORS infrastructure and services that are crucial for a MEASURE properly functioning economy. But the level of tax rates needs to be carefully chosen—and needless Tax payments for a manufacturing company complexity in tax rules avoided. According to in 2011 (number per year adjusted for Doing Business data, in economies where it is more electronic or joint filing and payment) difficult and costly to pay taxes, larger shares of economic activity end up in the informal sector — Total number of taxes and contributions paid, where businesses pay no taxes at all. including consumption taxes (value added tax, sales tax or goods and service tax) What do the indicators cover? Method and frequency of filing and payment Using a case scenario, Doing Business measures Time required to comply with 3 major taxes the taxes and mandatory contributions that a (hours per year) medium-size company must pay in a given year as well as the administrative burden of paying taxes Collecting information and computing the tax and contributions. This case scenario uses a set of payable financial statements and assumptions about Completing tax return forms, filing with transactions made over the year. Information is proper agencies also compiled on the frequency of filing and Arranging payment or withholding payments as well as time taken to comply with tax laws. The ranking on the ease of paying taxes is Preparing separate tax accounting books, if the simple average of the percentile rankings on required its component indicators: number of annual Total tax rate (% of profit before all taxes) payments, time and total tax rate, with a threshold 1 Profit or corporate income tax being applied to the total tax rate. To make the data comparable across economies, several Social contributions and labor taxes paid by assumptions about the business and the taxes and the employer contributions are used. Property and property transfer taxes  TaxpayerCo is a medium-size business that Dividend, capital gains and financial started operations on January 1, 2010. transactions taxes  The business starts from the same financial Waste collection, vehicle, road and other taxes position in each economy. All the taxes  Taxes and mandatory contributions include and mandatory contributions paid during corporate income tax, turnover tax and all the second year of operation are recorded. labor taxes and contributions paid by the  Taxes and mandatory contributions are company. measured at all levels of government.  A range of standard deductions and exemptions are also recorded. 1 The threshold is defined as the highest total tax rate among the top 15% of economies in the ranking on the total tax rate. It is calculated and adjusted on a yearly basis. The threshold is not based 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 at the lower end of the distribution of tax rates levied on medium-size enterprises in the manufacturing sector as observed through the paying taxes indicators. This reduces the bias in the indicators toward economies that do not need to levy significant taxes on 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 25.7%. Doing Business 2013 Slovenia 72 PAYING TAXES Where does the economy stand today? What is the administrative burden of complying with Globally, Slovenia stands at 63 in the ranking of 185 taxes in Slovenia—and how much do firms pay in economies on the ease of paying taxes (figure 8.1). The taxes? On average, firms make 11 tax payments a year, rankings for comparator economies and the regional spend 260 hours a year filing, preparing and paying average ranking provide other useful information for taxes and pay total taxes amounting to 34.7% of profit assessing the tax compliance burden for businesses in (see the summary at the end of this chapter for Slovenia. details). Figure 8.1 How Slovenia and comparator economies rank on the ease of paying taxes Note: DB2013 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 25.7% applied in DB2013, the total tax rate is set at 25.7% for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2013 Slovenia 73 PAYING TAXES What are the changes over time? While the most recent Doing Business data reflect how the process have changed — and which have not easy (or difficult) it is to comply with tax rules in (table 8.1). That can help identify where the potential Slovenia today, data over time show which aspects of for easing tax compliance is greatest. Table 8.1 The ease of paying taxes in Slovenia over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 Rank .. .. .. .. .. .. 80 63 Payments (number per 22 22 22 22 22 22 22 11 year) Time (hours per year) 260 260 260 260 260 260 260 260 Total tax rate (% profit) 40.0 40.0 39.2 36.7 37.5 35.4 34.7 34.7 Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such factors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. DB2013 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 25.7% applied in DB2013, the total tax rate is set at 25.7% for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2013 Slovenia 74 PAYING TAXES Equally helpful may be the benchmarks provided by possible in easing the administrative burden of tax the economies that over time have had the best compliance. And changes in regional averages can performance regionally or globally on the number of show where Slovenia is keeping up—and where it is payments or the time required to prepare and file falling behind. taxes (figure 8.2). These benchmarks help show what is Figure 8.2 Has paying taxes become easier over time? Payments (number per year) Time (hours per year) Doing Business 2013 Slovenia 75 PAYING TAXES Total tax rate (% of profit) Source: Doing Business database. Doing Business 2013 Slovenia 76 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 consolidating filings, reducing the frequency of rise. What tax reforms has Doing Business recorded in payments or offering electronic filing and payment. Slovenia (table 8.2)? Many have lowered tax rates. Changes have brought Table 8.2 How has Slovenia made paying taxes easier—or not? By Doing Business report year DB year Reform Slovenia reduced the tax burden for companies by reducing DB2008 payroll rate. DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. Slovenia abolished its payroll tax and reduced its corporate DB2011 income tax rate. DB2012 No reform as measured by Doing Business. Slovenia made paying taxes easier and less costly for companies by implementing electronic filing and payment of DB2013 social security contributions and by reducing the corporate income tax rate. 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 2013 Slovenia 77 PAYING TAXES What are the details? The indicators reported here for Slovenia are based LOCATION OF STANDARDIZED COMPANY on a standard set of taxes and contributions that would be paid by the case study company used by Doing Business in collecting the data (see the City: Ljubljana section in this chapter on what the indicators cover). Tax practitioners are asked to review standard financial statements as well as a standard list of transactions that the company completed The taxes and contributions paid are listed in the during the year. Respondents are asked how much summary below, along with the associated number of in taxes and mandatory contributions the business payments, time and tax rate. must pay and what the process is for doing so. Summary of tax rates and administrative burden in Slovenia OECD high OECD high income Indicator Slovenia income average average Payments (number per year) 11 12 Time (hours per year) 260 176 Profit tax (%) 14.1 15.2 Labor tax and contributions (%) 18.2 23.8 Other taxes (%) 2.4 3.7 Total tax rate (% profit) 34.7 42.7 Note: In cases where an economy‘s regional classification is ―OECD high income,‖ regional averages above are only displayed once. Total tax Tax or mandatory Payments Notes on Time Statutory Notes on Tax base rate (% of contribution (number) payments (hours) tax rate total tax rate profit) gross Social security contributions 1 online filing 96 16% 18.2 salaries taxable Corporate income tax 1 online filing 90 20% 14.1 profit marker value of Property transfer tax 1 0 2% 1.2 property sold Doing Business 2013 Slovenia 78 Total tax Tax or mandatory Payments Notes on Time Statutory Notes on Tax base rate (% of contribution (number) payments (hours) tax rate total tax rate profit) included in Fuel tax 1 0 1 fuel price type and value of Property tax (local duties) 4 0 various rates 0.1 constructio n type and Road tax 1 0 various rates weight of 0.1 vehicle insurance Tax on insurance 1 0 7% 0.1 premium Value added tax (VAT) 1 online filing 74 20% value added 0 not included Totals 11 260 34.7 Source: Doing Business database. Doing Business 2013 Slovenia 79 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 Customs clearance documents a 10% drop in their trading costs than from a similar reduction in the tariffs applied to their Port and terminal handling documents products in 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 Inland transport and handling a standard shipment of goods by sea transport, and the number of documents necessary to Customs clearance and inspections complete the transaction. The indicators cover Port and terminal handling procedural requirements such as documentation Does not include sea transport time requirements and procedures at customs and other regulatory agencies as well as at the port. They also Cost required to export and import (US$ per cover trade logistics, including the time and cost of container) inland transport to the largest business city. The All documentation ranking on the ease of trading across borders is the simple average of the percentile rankings on its Inland transport and handling component indicators: documents, time and cost Customs clearance and inspections to export and import. Port and terminal handling To make the data comparable across economies, Official costs only, no bribes Doing Business uses several assumptions about the business and the traded goods. The business:  Is of medium size and employs 60 people.  Do not require refrigeration or any other special environment.  Is located in the periurban area of the economy‘s largest business city.  Do not require any special phytosanitary or environmental safety standards other than  Is a private, limited liability company, accepted international standards. domestically owned, formally registered and operating under commercial laws and  Are one of the economy‘s leading export or regulations of the economy. import products. The traded goods:  Are transported in a dry-cargo, 20-foot full container load.  Are not hazardous nor do they include military items. Doing Business 2013 Slovenia 80 TRADING ACROSS BORDERS Where does the economy stand today? What does it take to export or import in Slovenia? Globally, Slovenia stands at 57 in the ranking of 185 According to data collected by Doing Business, economies on the ease of trading across borders exporting a standard container of goods requires 6 (figure 9.1). The rankings for comparator economies documents, takes 16 days and costs $745. Importing and the regional average ranking provide other useful the same container of goods requires 8 documents, information for assessing how easy it is for a business takes 14 days and costs $830 (see the summary of in Slovenia to export and import goods. procedures and documents at the end of this chapter for details). Figure 9.1 How Slovenia and comparator economies rank on the ease of trading across borders Source: Doing Business database. Doing Business 2013 Slovenia 81 TRADING ACROSS BORDERS What are the changes over time? While the most recent Doing Business data reflect how process have changed—and which have not (table 9.1). easy (or difficult) it is to export or import in Slovenia That can help identify where the potential for today, data over time show which aspects of the improvement is greatest. Table 9.1 The ease of trading across borders in Slovenia over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 Rank .. .. .. .. .. .. 54 57 Documents to export 6 6 6 6 6 6 6 6 (number) Time to export (days) 20 20 20 20 20 19 16 16 Cost to export (US$ per 971 971 971 1,075 1,075 710 710 745 container) Documents to import 8 8 8 8 8 8 8 8 (number) Time to import (days) 21 21 21 21 21 17 15 14 Cost to import (US$ per 1,019 1,019 1,019 1,130 1,130 765 765 830 container) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such factors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. Source: Doing Business database. Doing Business 2013 Slovenia 82 TRADING ACROSS BORDERS Equally helpful may be the benchmarks provided by These benchmarks help show what is possible in the economies that over time have had the best making it easier to trade across borders. And changes performance regionally or globally on the documents, in regional averages can show where Slovenia is time or cost required to export or import (figure 9.2). keeping up—and where it is falling behind. Figure 9.2 Has trading across borders become easier over time? Documents to export (number) Time to export (days) Doing Business 2013 Slovenia 83 TRADING ACROSS BORDERS Cost to export (US$ per container) Documents to import (number) Doing Business 2013 Slovenia 84 TRADING ACROSS BORDERS Time to import (days) Cost to import (US$ per container) Source: Doing Business database. Doing Business 2013 Slovenia 85 TRADING ACROSS BORDERS In economies around the world, trading across borders systems. These changes help improve the trading as measured by Doing Business has become faster and environment and boost firms‘ international easier over the years. Governments have introduced competitiveness. What trade reforms has Doing tools to facilitate trade—including single windows, Business recorded in Slovenia (table 9.2)? risk-based inspections and electronic data interchange Table 9.2 How has Slovenia made trading across borders easier—or not? By Doing Business report year DB year Reform DB2008 No reform as measured by Doing Business. DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. Slovenia made trading across borders faster by introducing DB2012 online submission of customs declaration forms. DB2013 No reform as measured by Doing Business. 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 2013 Slovenia 86 TRADING ACROSS BORDERS What are the details? The indicators reported here for Slovenia are based LOCATION OF STANDARDIZED COMPANY on a set of specific procedural requirements for trading a standard shipment of goods by ocean transport (see the section in this chapter on what City: Ljubljana the indicators cover). Information on the procedures as well as the required documents and the time and cost to complete each procedure is The procedural requirements, and the associated time collected from local freight forwarders, shipping and cost, for exporting and importing a standard lines, customs brokers, port officials and banks. shipment of goods are listed in the summary below, along with the required documents. Summary of procedures and documents for trading across borders in Slovenia OECD high OECD high income Indicator Slovenia income average average Documents to export (number) 6 4 Time to export (days) 16 10 Cost to export (US$ per container) 745 1,028 Documents to import (number) 8 5 Time to import (days) 14 10 Cost to import (US$ per container) 830 1,080 Note: In cases where an economy‘s regional classification is ―OECD high income,‖ regional averages above are only displayed once. Procedures to export Time (days) Cost (US$) Documents preparation 10 135 Customs clearance and technical control 1 60 Ports and terminal handling 3 200 Inland transportation and handling 2 350 Totals 16 745 Procedures to import Time (days) Cost (US$) Documents preparation 9 195 Customs clearance and technical control 1 85 Doing Business 2013 Slovenia 87 Procedures to import Time (days) Cost (US$) Ports and terminal handling 3 200 Inland transportation and handling 1 350 Totals 14 830 Documents to export Documents to import Bill of lading Bill of lading Certificate of Origin Cargo release order Commercial Invoice Commercial invoice Customs export declaration Customs import declaration Packing list Customs transit document Terminal handling receipts Packing list Source: Doing Business database. Technical standard certificate Terminal handling receipts Doing Business 2013 Slovenia 88 ENFORCING CONTRACTS Well-functioning courts help businesses expand WHAT THE ENFORCING CONTRACTS their network and markets. Without effective INDICATORS MEASURE contract enforcement, people might well do business only with family, friends and others with whom they have established relationships. Where Procedures to enforce a contract through contract enforcement is efficient, firms are more the courts (number) likely to engage with new borrowers or customers, Any interaction between the parties in a and they have greater access to credit. commercial dispute, or between them and the judge or court officer What do the indicators cover? Steps to file and serve the case Doing Business measures the efficiency of the judicial system in resolving a commercial dispute Steps for trial and judgment before local courts. Following the step-by-step Steps to enforce the judgment evolution of a standardized case study, it collects Time required to complete procedures data relating to the time, cost and procedural (calendar days) complexity of resolving a commercial lawsuit. The ranking on the ease of enforcing contracts is the Time to file and serve the case simple average of the percentile rankings on its Time for trial and obtaining judgment component indicators: procedures, time and cost. Time to enforce the judgment The dispute in the case study involves the breach of a sales contract between 2 domestic businesses. Cost required to complete procedures (% of The case study assumes that the court hears an claim) expert on the quality of the goods in dispute. This No bribes distinguishes the case from simple debt Average attorney fees enforcement. To make the data comparable across economies, Doing Business uses several Court costs assumptions about the case: Enforcement costs  The seller and buyer are located in the economy‘s largest business city.  The buyer orders custom-made goods,  The dispute on the quality of the goods then fails to pay. requires an expert opinion.  The seller sues the buyer before a  The judge decides in favor of the seller; there competent court. is no appeal.  The value of the claim is 200% of income  The seller enforces the judgment through a per capita. public sale of the buyer‘s movable assets.  The seller requests a pretrial attachment to secure the claim. Doing Business 2013 Slovenia 89 ENFORCING CONTRACTS Where does the economy stand today? How efficient is the process of resolving a commercial Globally, Slovenia stands at 56 in the ranking of 185 dispute through the courts in Slovenia? According to economies on the ease of enforcing contracts (figure data collected by Doing Business, enforcing a contract 10.1). The rankings for comparator economies and the takes 1290 days, costs 12.7% of the value of the claim regional average ranking provide other useful and requires 32 procedures (see the summary at the benchmarks for assessing the efficiency of contract end of this chapter for details). enforcement in Slovenia. Figure 10.1 How Slovenia and comparator economies rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2013 Slovenia 90 ENFORCING CONTRACTS What are the changes over time? While the most recent Doing Business data reflect how identify which areas have changed and where the easy (or difficult) it is to enforce a contract in Slovenia potential for improvement is greatest (table 10.1). today, data on the underlying indicators over time help Table 10.1 The ease of enforcing contracts in Slovenia over time By Doing Business report year Indicator DB2004 DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 Rank .. .. .. .. .. .. .. .. 57 56 Time (days) 1,440 1,440 1,350 1,350 1,350 1,350 1,290 1,290 1,290 1,290 Cost (% of claim) 19.7 19.7 18.6 18.6 18.6 18.6 12.7 12.7 12.7 12.7 Procedures (number) 32 32 32 32 32 32 32 32 32 32 Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such factors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. Source: Doing Business database. Doing Business 2013 Slovenia 91 ENFORCING CONTRACTS Equally helpful may be the benchmarks provided by help show what is possible in improving the efficiency the economies that over time have had the best of contract enforcement. And changes in regional performance regionally or globally on the number of averages can show where Slovenia is keeping up—and steps, time or cost required to enforce a contract where it is falling behind. through the courts (figure 10.2). These benchmarks Figure 10.2 Has enforcing contracts become easier over time? Time (days) Cost (% of claim) Doing Business 2013 Slovenia 92 ENFORCING CONTRACTS Procedures (number) Source: Doing Business database. Doing Business 2013 Slovenia 93 ENFORCING CONTRACTS Economies in all regions have improved contract often work on reducing backlogs by introducing enforcement in recent years. A judiciary can be periodic reviews to clear inactive cases from the docket improved in different ways. Higher-income economies and by making procedures faster. What reforms tend to look for ways to enhance efficiency by making it easier (or more difficult) to enforce contracts introducing new technology. Lower-income economies has Doing Business recorded in Slovenia (table 10.2)? Table 10.2 How has Slovenia made enforcing contracts easier—or not? By Doing Business report year DB year Reform DB2008 No reform as measured by Doing Business. DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. 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 2013 Slovenia 94 ENFORCING CONTRACTS What are the details? The indicators reported here for Slovenia are based COMPETENT COURT on a set of specific procedural steps required to resolve a standardized commercial dispute through the courts (see the section in this chapter City: Ljubljana on what the indicators cover). These procedures, and the time and cost of completing them, are The procedures for resolving a commercial lawsuit, and identified through study of the codes of civil the associated time and cost, are listed in the summary procedure and other court regulations, as well as below. through surveys completed by local litigation lawyers (and, in a quarter of the economies covered by Doing Business, by judges as well). Summary of procedures for enforcing a contract in Slovenia—and the time and cost OECD high OECD high income Indicator Slovenia income average average Time (days) 1,290 510 510 Filing and service 30 Trial and judgment 930 Enforcement of judgment 330 Cost (% of claim) 12.7 20.1 20.1 Attorney cost (% of claim) 7.6 Court cost (% of claim) 3.5 Enforcement Cost (% of claim) 1.6 Procedures (number) 32 31 31 Note: In cases where an economy‘s regional classification is ―OECD high income,‖ regional averages above are only displayed once. Doing Business 2013 Slovenia 95 ENFORCING CONTRACTS No. Procedure Filing and service: 1 Plaintiff requests payment: Plaintiff or his lawyer asks Defendant orally or in writing to comply with the contract. 2 Plaintiff’s hiring of lawyer: Plaintiff hires a lawyer to represent him before the court. Plaintiff’s filing of summons and complaint: Plaintiff files his summons and complaint with the court, orally or in * writing. * Plaintiff’s payment of court fees: Plaintiff pays court duties, stamp duties, or any other type of court fee. Registration of court case: The court administration registers the lawsuit or court case. This includes assigning a 3 reference number to the lawsuit or court case. Assignment of court case to a judge: The court case is assigned to a specific judge through a random procedure, * automated system, ruling of an administrative judge, court officer, etc. Court scrutiny of summons and complaint: A judge examines Plaintiff's summons and complaint for formal 4 requirements. Delivery of summons and complaint to person authorized to perform service of process on Defendant: The 5 judge or a court officer delivers the summons to a summoning office, officer, or authorized person (including Plaintiff), for service of process on Defendant. Mailing of summons and complaint: Court or process server, including (private) bailiff, mails summons and * complaint to Defendant. Application for pre-judgment attachment: Plaintiff submits an application in writing for the attachment of * Defendant's property prior to judgment. (see assumption 5) Decision on pre-judgment attachment: The judge decides whether to grant Plaintiff‘s request for pre-judgment * attachment of Defendant‘s property and notifies Plaintiff and Defendant of the decision. This step may include requesting that Plaintiff submit guarantees or bonds to secure Defendant Pre-judgment attachment.: Defendant's property is attached prior to judgment. Attachment is either physical or 6 achieved by registering, marking, debiting or separating assets. (see assumption 5) Report on pre-judgment attachment: Court enforcement officer or (private) bailiff issues and delivers a report on 7 the attachment of Defendant‘s property to the judge. (see assumption 5) Trial and judgment: Defendant’s filing of preliminary exemptions: Defendant presents preliminary exemptions to the court. * Preliminary exemptions differ from answers on the merits of the claim. Examples of preliminary exemptions are statute of limitations, jurisdictions, etc. Plaintiff’s answer to preliminary exemptions: Plaintiff responds to the preliminary exemptions raised by * Defendant. Doing Business 2013 Slovenia 96 No. Procedure Defendant’s filing of defense or answer to Plaintiff’s claim: Defendant files a written pleading which includes his 8 defense or answer on the merits of the case. Defendant's written answer may or may not include witness statements, expert statements, the documents Defendant relies on as evidence and the legal authori Deadline for Plaintiff to answer Defendant's defense or answer: Judge sets the deadline by which Plaintiff will be 9 allowed to answer Defendant's defense or answer. Plaintiff’s written response to Defendant's defense or answer: Plaintiff responds to Defendant‘s defense or 10 answer with a written pleading. Plaintiff's answer may or may not include a witness statements or expert (witness) statements. Adjournments: Court procedure is delayed because one or both parties request and obtain an adjournment to 11 submit written pleadings. 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 6-b of this case) Notification of court-appointment of independent expert: The court notifies both parties that the court is 12 appointing an independent expert. (see assumption 6-b of this case) 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 6-b of this case) Setting of date for mediation hearing: The judge sets a date for a mediation hearing, sometimes also called a * 'pre-trial conference,' and notifies the parties of the hearing date. Mediation hearing: The judge during this informal meeting with the parties encourages them to settle the case. The 13 judge acts as mediator. If the case cannot be settled, the judge may draft a pre-trial conference report, after which the case may be allocated to another judg * Setting of date(s) for oral hearing or trial: The judge sets the date(s) for the oral hearing or trial. Summoning of (expert) witnesses: The court summons (expert) witnesses to appear in court for the oral hearing 14 or trial. (see assumption 6-a) Adjournments: Court proceedings are delayed because one or both parties request and obtain an adjournment to 15 prepare for the oral hearing or trial. Oral hearing (prevalent in civil law): The parties argue the merits of the case at an oral hearing before the judge. 16 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 adjournment 17 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 Notification of judgment in court: The parties are notified of the judgment at a court hearing. 19 Writing of judgment: The judge produces a written copy of the judgment. 20 Registration of judgment: The court office registers the judgment after receiving a written copy of the judgment. 21 Plaintiff's receipt of a copy of written judgment: Plaintiff receives a copy of the written judgment. Doing Business 2013 Slovenia 97 No. Procedure Notification of Defendant of judgment: Plaintiff or court formally notifies the Defendant of the judgment. The 22 appeal period starts to run the day the Defendant is formally notified of the judgment. Appeal period: By law, Defendant has the opportunity to appeal the judgment during a period specified in the law. 23 Defendant decides not to appeal. Judgment becomes final the day the appeal period ends. Reimbursement by Defendant of Plaintiff's court fees: The judgment obliges Defendant to reimburse Plaintiff for 24 the court fees Plaintiff has advanced, because Defendant has lost the case. Enforcement of judgment: Plaintiff’s hiring of lawyer: Plaintiff hires a lawyer to enforce the judgment or continues to be represented by a * lawyer during the enforcement of judgment phase. Plaintiff's approaching of court enforcement officer or (private) bailiff to enforce the judgment: To enforce 25 the judgment, Plaintiff approaches a court enforcement officer such as a court bailiff or sheriff, or a private bailiff. Plaintiff’s request for enforcement order: Plaintiff applies to the court to obtain the enforcement order ('seal' on * judgment). 26 Plaintiff’s advancement of 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. 28 Attachment: Defendant‘s movable goods are attached (physically or by registering, marking or separating assets). Report on execution of attachment: A court enforcement officer or private process server delivers a report on the 29 attachment of Defendant's movable goods to the judge. Enforcement disputes before court: The enforcement of the judgment is delayed because Defendant opposes 30 aspects of the enforcement process before the judge. Call for public auction: The judge calls a public auction by, for example, advertising or publication in the 31 newspapers. 32 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 Plaintiff 33 had advanced previously. * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2013 Slovenia 98 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient companies and reallocating the resources of INDICATORS MEASURE inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of Time required to recover debt (years) businesses to normal operation and increase Measured in calendar years returns to creditors. By improving the expectations of creditors and debtors about the outcome of Appeals and requests for extension are insolvency proceedings, well-functioning included insolvency systems can facilitate access to finance, Cost required to recover debt (% of debtor’s save more viable businesses and thereby improve estate) growth and 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 Fees of insolvency administrators of insolvency proceedings involving domestic entities. It does not measure insolvency Lawyers‘ fees proceedings of individuals and financial Assessors‘ and auctioneers‘ fees institutions. The data are derived from survey Other related fees responses by local insolvency practitioners and verified through a study of laws and regulations as Recovery rate for creditors (cents on the well as public information on bankruptcy systems. dollar) The ranking on the ease of resolving insolvency is Measures the cents on the dollar recovered based on the recovery rate, which is recorded as by creditors cents on the dollar recouped by creditors through Present value of debt recovered reorganization, liquidation or debt enforcement Official costs of the insolvency proceedings (foreclosure) proceedings. The recovery rate is a are deducted function of time, cost and other factors, such as lending rate and the likelihood of the company Depreciation of furniture is taken into continuing to operate. account To make the data comparable across economies, Outcome for the business (survival or not) Doing Business uses several assumptions about the affects the maximum value that can be recovered business and the case. It assumes that the company:  Is a domestically owned, limited liability company operating a hotel.  Has 201 employees, 1 main secured creditor  Operates in the economy‘s largest business and 50 unsecured creditors. city.  Has a higher value as a going concern—and the efficient outcome is either reorganization or sale as a going concern, not piecemeal liquidation. Doing Business 2013 Slovenia 99 RESOLVING INSOLVENCY Where does the economy stand today? Speed, low costs and continuation of viable businesses piecemeal sale. The average recovery rate is 49.8 cents characterize the top-performing economies. How on the dollar. efficient are insolvency proceedings in Slovenia? Globally, Slovenia stands at 42 in the ranking of 185 According to data collected by Doing Business, economies on the ease of resolving insolvency (figure resolving insolvency takes 2.0 years on average and 11.1). The rankings for comparator economies and the costs 4% of the debtor‘s estate, with the most likely regional average ranking provide other useful outcome being that the company will be sold as benchmarks for assessing the efficiency of insolvency proceedings in Slovenia. Figure 11.1 How Slovenia and comparator economies rank on the ease of resolving insolvency Source: Doing Business database. Doing Business 2013 Slovenia 100 RESOLVING INSOLVENCY What are the changes over time? While the most recent Doing Business data reflect the changed—and where it has not (table 11.1). That can efficiency of insolvency proceedings in Slovenia today, help identify where the potential for improvement is data over time show where the efficiency has greatest. Table 11.1 The ease of resolving insolvency in Slovenia over time By Doing Business report year Indicator DB2004 DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 Rank .. .. .. .. .. .. .. .. 39 42 Time (years) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Cost (% of estate) 8 8 8 8 8 8 8 4 4 4 Recovery rate (cents on the 41.6 42.4 44.0 44.9 46.6 45.5 45.5 50.9 51.1 49.8 dollar) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings shown are not last year‘s published rankings but comparable rankings for DB2012 that capture the effects of such factors as data corrections and the addition of 2 economies (Barbados and Malta) to the sample this year. ―No practice‖ indicates that in each of the previous 5 years the economy had no cases involving a judicial reorganization, judicial liquidation or debt enforcement procedure (foreclosure). This means that creditors are unlikely to recover their money through a formal legal process (in or out of court). The recovery rate for ―no practice‖ economies is 0. Source: Doing Business database. Doing Business 2013 Slovenia 101 RESOLVING INSOLVENCY Equally helpful may be the benchmarks provided by possible in improving the efficiency of insolvency the economies that over time have had the best proceedings. And changes in regional averages can performance regionally or globally on the time or cost show where Slovenia is keeping up—and where it is of insolvency proceedings or on the recovery rate falling behind. (figure 11.2). These benchmarks help show what is Figure 11.2 Has resolving insolvency become easier over time? Time (years) Cost (% of estate) Doing Business 2013 Slovenia 102 RESOLVING INSOLVENCY Recovery rate (cents on the dollar) Note: Regional averages on time and cost exclude economies with a “no practice� mark. Source: Doing Business database. Doing Business 2013 Slovenia 103 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 Slovenia (table 11.2)? even viable businesses are liquidated. This is starting to Table 11.2 How has Slovenia made resolving insolvency easier—or not? By Doing Business report year DB year Reform DB2008 No reform as measured by Doing Business. DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. Slovenia simplified and streamlined the insolvency process and DB2012 strengthened professional requirements for insolvency administrators. Slovenia strengthened its insolvency process by requiring that the debtor offer creditors payment of at least 50% of the claims within 4 years; giving greater power to the creditors‘ committee in a bankruptcy proceeding; prohibiting insolvency DB2013 administrators from allowing relatives to render services associated with the bankruptcy proceeding; and establishing fines for members of management that violate certain obligations or prohibitions. 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 2013 Slovenia 104 EMPLOYING WORKERS Doing Business measures flexibility in the regulation of Particular data for Slovenia are presented here without employment, specifically as it affects the hiring and scoring. redundancy of workers and the rigidity of working hours. From 2007 to 2011 improvements were made to To make the data on employing workers comparable align the methodology for the employing workers across economies, several assumptions about the indicators with the letter and spirit of the International worker and the business are used. Labour Organization (ILO) conventions. Only 4 of the 188 ILO conventions cover areas measured by Doing The worker: Business: employee termination, weekend work, holiday with pay and night work. The Doing Business  Earns a salary plus benefits equal to the methodology is fully consistent with these 4 economy‘s average wage during the entire conventions. The ILO conventions covering areas period of his employment. related to the employing workers indicators do not  Has a pay period that is the most common for include the ILO core labor standards—8 conventions workers in the economy. covering the right to collective bargaining, the  Is a lawful citizen who belongs to the same elimination of forced labor, the abolition of child labor race and religion as the majority of the and equitable treatment in employment practices. economy‘s population.  Resides in the economy‘s largest business city. Between 2009 and 2011 the World Bank Group worked  Is not a member of a labor union, unless with a consultative group—including labor lawyers, membership is mandatory. employer and employee representatives, and experts from the ILO, the Organisation for Economic Co- The business: operation and Development, civil society and the private sector—to review the employing workers  Is a limited liability company. methodology and explore future areas of research.  Operates in the economy‘s largest business city. A full report with the conclusions of the consultative  Is 100% domestically owned. group is available at http://www.doingbusiness.org/  Operates in the manufacturing sector. methodology/employing-workers.  Has 60 employees.  Is subject to collective bargaining agreements Doing Business 2013 does not present rankings of in economies where such agreements cover economies on the employing workers indicators or more than half the manufacturing sector and include the topic in the aggregate ranking on the ease apply even to firms not party to them. of doing business. The report does present the data on  Abides by every law and regulation but does the employing workers indicators in an annex. Detailed not grant workers more benefits than data collected on labor regulations are available on the mandated by law, regulation or (if applicable) Doing Business website (http://www.doing business.org). collective bargaining agreement. Doing Business 2013 Slovenia 105 EMPLOYING WORKERS What do some of the data show? One of the employing workers indicators is the worker in his or her first job. Doing Business data show difficulty of hiring index. This measure assesses, among the trend in the minimum wage applied by Slovenia other things, the minimum wage for a 19-year-old (figure 12.1). Figure 12.1 Has the minimum wage for a 19-year-old worker or an apprentice increased over time? Minimum wage (US$ per month) Note: A horizontal line along the x-axis of the figure indicates that the economy has no minimum wage. Source: Doing Business database. Doing Business 2013 Slovenia 106 EMPLOYING WORKERS Employment laws are needed to protect workers from past 4 years did so in ways that increased labor market arbitrary or unfair treatment and to ensure efficient flexibility. What changes did Slovenia adopt that contracting between employers and workers. Many affected the Doing Business indicators on employing economies that changed their labor regulations in the workers (table 12.1)? Table 12.1 What changes did Slovenia make in employing workers in 2012? Reform No reform as measured by Doing Business. Source: Doing Business database. Doing Business 2013 Slovenia 107 EMPLOYING WORKERS What are the details? The data on employing workers reported here for lawyers and public officials. Employment laws and Slovenia are based on a detailed survey of regulations as well as secondary sources are reviewed employment regulations that is completed by local to ensure accuracy. Rigidity of employment index The rigidity of employment index measures 3 areas of labor regulation: difficulty of hiring, rigidity of hours and difficulty of redundancy. Difficulty of hiring index The difficulty of hiring index measures whether fixed- worker. (The average value added per worker is the term contracts are prohibited for permanent tasks; the ratio of an economy‘s gross national income per capita maximum cumulative duration of fixed-term contracts; to the working-age population as a percentage of the and the ratio of the minimum wage for a trainee or total population.) first-time employee to the average value added per Difficulty of hiring index Data Fixed-term contracts prohibited for permanent tasks? Yes Maximum length of a single fixed-term contract (months) 24 (Art. 53(2)) Maximum length of fixed-term contracts, including renewals (months) 24 Minimum wage for a 19-year old worker or an apprentice (US$/month) 1054.8 Ratio of minimum wage to value added per worker 0.37 Source: Doing Business database. Doing Business 2013 Slovenia 108 EMPLOYING WORKERS Rigidity of hours index The rigidity of hours index has 5 components: whether respond to a seasonal increase in production; and there are restrictions on night work; whether there are whether the average paid annual leave for a worker restrictions on weekly holiday work; whether the with 1 year of tenure, a worker with 5 years and a workweek can consist of 5.5 days or is more than 6 worker with 10 years is more than 26 working days or days; whether the workweek can extend to 50 hours or fewer than 15 working days. more (including overtime) for 2 months a year to Rigidity of hours index Data Standard workday in manufacturing (hours) 8 hours (30 minutes is a paid break) 50-hour workweek allowed for 2 months a year in case of a seasonal Yes increase in production? Maximum working days per week 6.0 Premium for night work (% of hourly pay) in case of continuous 50% operations Premium for work on weekly rest day (% of hourly pay) in case of 50% continuous operations Major restrictions on night work in case of continuous operations? No Major restrictions on weekly holiday in case of continuous operations? Yes 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) 21.0 Paid annual leave for a worker with 10 years of tenure (in working days) 22.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in 21.0 working days) Source: Doing Business database. Doing Business 2013 Slovenia 109 EMPLOYING WORKERS Difficulty of redundancy index The difficulty of redundancy index has 8 components: worker; whether the employer needs approval from a whether redundancy is disallowed as a basis for third party to terminate a group of 9 redundant terminating workers; whether the employer needs to workers; whether the law requires the employer to notify a third party (such as a government agency) to reassign or retrain a worker before making the worker terminate 1 redundant worker; whether the employer redundant; whether priority rules apply for needs to notify a third party to terminate a group of 9 redundancies; and whether priority rules apply for redundant workers; whether the employer needs reemployment. approval from a third party to terminate 1 redundant Difficulty of redundancy index Data 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? Yes Priority rules for reemployment? Yes Source: Doing Business database. Doing Business 2013 Slovenia 110 EMPLOYING WORKERS Redundancy cost The redundancy cost indicator measures the cost of notice requirements and severance payments advance notice requirements, severance payments and applicable to a worker with 1 year of tenure, a worker penalties due when terminating a redundant worker, with 5 years and a worker with 10 years is used to expressed in weeks of salary. The average value of assign the score. Redundancy cost indicator Data Notice period for redundancy dismissal (for a worker with 1 year of tenure, in salary 4.3 weeks) Notice period for redundancy dismissal (for a worker with 5 years of tenure, in 6.4 salary weeks) Notice period for redundancy dismissal (for a worker with 10 years of tenure, in 6.4 salary weeks) Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years 5.7 of tenure, in salary weeks) Severance pay for redundancy dismissal (for a worker with 1 year of tenure, in 0.9 salary weeks) Severance pay for redundancy dismissal (for a worker with 5 years of tenure, in 5.4 salary weeks) Severance pay for redundancy dismissal (for a worker with 10 years of tenure, in 10.8 salary weeks) Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years 5.7 of tenure, in salary weeks) Source: Doing Business database. Doing Business 2013 Slovenia 111 DATA NOTES The indicators presented and analyzed in Doing Business measure business regulation and the ECONOMY CHARACTERISTICS protection of property rights—and their effect on businesses, especially small and medium-size domestic firms. First, the indicators document the complexity of Gross national income per capita regulation, such as the number of procedures to start a business or to register and transfer commercial Doing Business 2013 reports 2011 income per capita property. Second, they gauge the time and cost of as published in the World Bank‘s World Development achieving a regulatory goal or complying with Indicators 2012. Income is calculated using the Atlas method (current US$). For cost indicators expressed regulation, such as the time and cost to enforce a as a percentage of income per capita, 2011 gross contract, go through bankruptcy or trade across national income (GNI) in U.S. dollars is used as the borders. Third, they measure the extent of legal denominator. GNI data were not available from the protections of property, for example, the protections World Bank for Afghanistan; Australia; The Bahamas; of investors against looting by company directors or Bahrain; Barbados; Brunei Darussalam; Cyprus; the range of assets that can be used as collateral Djibouti; Guyana; the Islamic Republic of Iran; according to secured transactions laws. Fourth, a set of Kuwait; Malta; New Zealand; Oman; Puerto Rico indicators documents the tax burden on businesses. (territory of the United States); Sudan; Suriname; the Finally, a set of data covers different aspects of Syrian Arab Republic; Timor-Leste; West Bank and employment regulation. Gaza; and the Republic of Yemen. In these cases GDP or GNP per capita data and growth rates from The data for all sets of indicators in Doing Business the International Monetary Fund‘s World Economic 2 2013 are for June 2012. Outlook database and the Economist Intelligence Unit were used. Region and income group Methodology Doing Business uses the World Bank regional and The Doing Business data are collected in a income group classifications, available at standardized way. To start, the Doing Business team, http://data.worldbank.org/about/country- with academic advisers, designs a questionnaire. The classifications. The World Bank does not assign questionnaire uses a simple business case to ensure regional classifications to high-income economies. comparability across economies and over time —with For the purpose of the Doing Business report, high- assumptions about the legal form of the business, its income OECD economies are assigned the ―regional‖ size, its location and the nature of its operations. classification OECD high income. Figures and tables Questionnaires are administered through more than presenting regional averages include economies 9,600 local experts, including lawyers, business from all income groups (low, lower middle, upper consultants, accountants, freight forwarders, middle and high income). government officials and other professionals routinely Population administering or advising on legal and regulatory Doing Business 2013 reports midyear 2011 requirements. These experts have several rounds of population statistics as published in World interaction with the Doing Business team, involving Development Indicators 2012. conference calls, written correspondence and visits by the team. For Doing Business 2013 team members visited 24 economies to verify data and recruit The Doing Business methodology offers several respondents. The data from questionnaires are advantages. It is transparent, using factual information subjected to numerous rounds of verification, leading about what laws and regulations say and allowing to revisions or expansions of the information collected. multiple interactions with local respondents to clarify potential misinterpretations of questions. Having 2 The data for paying taxes refer to January – December 2011. Doing Business 2013 Slovenia 112 representative samples of respondents is not an issue; 2013 would differ from the recollection of Doing Business is not a statistical survey, and the texts entrepreneurs reported in the World Bank Enterprise of the relevant laws and regulations are collected and Surveys or other perception surveys. answers checked for accuracy. The methodology is inexpensive and easily replicable, so data can be collected in a large sample of economies. Because Subnational Doing Business indicators standard assumptions are used in the data collection, This year Doing Business completed subnational comparisons and benchmarks are valid across studies for Indonesia, Kenya, Mexico, the Russian economies. Finally, the data not only highlight the Federation and the United Arab Emirates. Each of extent of specific regulatory obstacles to business but these countries had already asked to have subnational also identify their source and point to what might be data in the past, and this year Doing Business updated reformed. the indicators, measured improvements over time and Information on the methodology for each Doing expanded geographic coverage to additional cities or Business topic can be found on the Doing Business added additional indicators. Doing Business also website at http://www.doingbusiness.org/methodology/. published regional studies for the Arab world, the East African Community and member states of the Organization for the Harmonization of Business Law in Limits to what is measured Africa (OHADA). The Doing Business methodology has 5 limitations that The subnational studies point to differences in should be considered when interpreting the data. First, business regulation and its implementation —as well as the collected data refer to businesses in the economy‘s in the pace of regulatory reform—across cities in the largest business city (which in some economies differs same economy. For several economies subnational from the capital) and may not be representative of studies are now periodically updated to measure regulation in other parts of the economy. To address change over time or to expand geographic coverage this limitation, subnational Doing Business indicators to additional cities. This year that is the case for all the were created (see the section on subnational Doing subnational studies published. Business indicators). Second, the data often focus on a specific business form—generally a limited liability company (or its legal equivalent) of a specified size — Changes in what is measured and may not be representative of the regulation on The ranking methodology for paying taxes was other businesses, for example, sole proprietorships. updated this year. The threshold for the total tax rate Third, transactions described in a standardized case introduced last year for the purpose of calculating the scenario refer to a specific set of issues and may not ranking on the ease of paying taxes was updated. All represent the full set of issues a business encounters. economies with a total tax rate below the threshold Fourth, the measures of time involve an element of (which is calculated and adjusted on a yearly basis) judgment by the expert respondents. When sources receive the same ranking on the total tax rate indicate different estimates, the time indicators indicator. The threshold is not based on any economic reported in Doing Business represent the median theory of an ―optimal tax rate‖ that minimizes values of several responses given under the distortions or maximizes efficiency in the tax system of assumptions of the standardized case. an economy overall. Instead, it is mainly empirical in Finally, the methodology assumes that a business has nature, set at the lower end of the distribution of tax full information on what is required and does not rates levied on medium-size enterprises in the waste time when completing procedures. In practice, manufacturing sector as observed through the paying completing a procedure may take longer if the taxes indicators. This reduces the bias in the indicators business lacks information or is unable to follow up toward economies that do not need to levy significant promptly. Alternatively, the business may choose to taxes on companies like the Doing Business disregard some burdensome procedures. For both standardized case study company because they raise reasons the time delays reported in Doing Business public revenue in other ways—for example, through Doing Business 2013 Slovenia 113 taxes on foreign companies, through taxes on sectors investors, paying taxes, trading across borders, other than manufacturing or from natural resources enforcing contracts, and resolving insolvency. The (all of which are outside the scope of the employing workers indicators are not included in this methodology). Giving the same ranking to all year‘s aggregate ease of doing business ranking. In economies whose total tax rate is below the threshold addition to this year‘s ranking, Doing Business presents avoids awarding economies in the scoring for having a comparable ranking for the previous year, adjusted an unusually low total tax rate, often for reasons for any changes in methodology as well as additions of 3 unrelated to government policies toward enterprises. economies or topics. For example, economies that are very small or that are Construction of the ease of doing business index rich in natural resources do not need to levy broad- based taxes. Here is one example of how the ease of doing business index is constructed. In Finland it takes 3 procedures, 14 days and 4% of annual income per capita in fees to Data challenges and revisions register a property. On these 3 indicators Finland ranks in the 6th, 16th and 39th percentiles. So on average Most laws and regulations underlying the Doing Finland ranks in the 20th percentile on the ease of Business data are available on the Doing Business registering property. It ranks in the 30th percentile on website at http://www.doingbusiness.org. All the th starting a business, 28 percentile on getting credit, sample questionnaires and the details underlying the 24th percentile on paying taxes, 13th percentile on indicators are also published on the website. Questions enforcing contracts, 5th percentile on trading across on the methodology and challenges to data can be borders and so on. Higher rankings indicate simpler submitted through the website‘s ―Ask a Question‖ regulation and stronger protection of property rights. function at http://www.doingbusiness.org. The simple average of Finland‘s percentile rankings on all topics is 21st. When all economies are ordered by Ease of doing business and distance to their average percentile rankings, Finland stands at 11 frontier in the aggregate ranking on the ease of doing business. Doing Business 2013 presents results for 2 aggregate measures: the aggregate ranking on the ease of doing More complex aggregation methods—such as business and the distance to frontier measure. The principal components and unobserved components— ease of doing business ranking compares economies yield a ranking nearly identical to the simple average 4 with one another, while the distance to frontier used by Doing Business. Thus, Doing Business uses measure benchmarks economies to the frontier in the simplest method: weighting all topics equally and, regulatory practice, measuring the absolute distance to the best performance on each indicator. Both measures can be used for comparisons over time. 3 In case of revisions to the methodology or corrections to the underlying data, the data are back-calculated to provide a When compared across years, the distance to frontier comparable time series since the year the relevant economy or topic measure shows how much the regulatory environment was first included in the data set. The time series is available on the for local entrepreneurs in each economy has changed Doing Business website (http://www.doingbusiness.org). Six topics over time in absolute terms, while the ease of doing and more than 50 economies have been added since the inception business ranking can show only relative change. of the project. Earlier rankings on the ease of doing business are therefore not comparable. Ease of doing business 4 See Simeon Djankov, Darshini Manraj, Caralee McLiesh and Rita Ramalho, ―Doing Business Indicators: Why Aggregate, and How to The ease of doing business index ranks economies Do It‖ (World Bank, Washington, DC, 2005). Principal components from 1 to 185. For each economy the ranking is and unobserved components methods yield a ranking nearly calculated as the simple average of the percentile identical to that from the simple average method because both rankings on each of the 10 topics included in the index these methods assign roughly equal weights to the topics, since the pairwise correlations among indicators do not differ much. An in Doing Business 2013: starting a business, dealing alternative to the simple average method is to give different weights with construction permits, getting electricity, to the topics, depending on which are considered of more or less registering property, getting credit, protecting importance in the context of a specific economy. Doing Business 2013 Slovenia 114 within each topic, giving equal weight to each of the ability of different government agencies to deliver 5 topic components. tangible results in their area of responsibility. If an economy has no laws or regulations covering a Economies that improved the most across 3 or more specific area—for example, insolvency—it receives a Doing Business topics in 2011/12 ―no practice‖ mark. Similarly, an economy receives a Doing Business 2013 uses a simple method to calculate ―no practice‖ or ―not possible‖ mark if regulation exists which economies improved the most in the ease of but is never used in practice or if a competing doing business. First, it selects the economies that in regulation prohibits such practice. Either way, a ―no 2011/12 implemented regulatory reforms making it practice‖ mark puts the economy at the bottom of the easier to do business in 3 or more of the 10 topics ranking on the relevant indicator. 6 included in this year‘s ease of doing business ranking. The ease of doing business index is limited in scope. It Twenty-three economies meet this criterion: Benin, does not account for an economy‘s proximity to large Burundi, Costa Rica, the Czech Republic, Georgia, markets, the quality of its infrastructure services (other Greece, Guinea, Kazakhstan, Korea, the Lao People‘s than services related to trading across borders and Democratic Republic, Liberia, Mongolia, the getting electricity), the strength of its financial system, Netherlands, Panama, Poland, Portugal, Serbia, the the security of property from theft and looting, Slovak Republic, Slovenia, Sri Lanka, Ukraine, the macroeconomic conditions or the strength of United Arab Emirates and Uzbekistan. Second, Doing underlying institutions. Business ranks these economies on the increase in their ranking on the ease of doing business from the Variability of economies‘ rankings across topics previous year using comparable rankings. Each indicator set measures a different aspect of the Selecting the economies that implemented regulatory business regulatory environment. The rankings of an reforms in at least 3 topics and improved the most in economy can vary, sometimes significantly, across the aggregate ranking is intended to highlight indicator sets. The average correlation coefficient economies with ongoing, broad-based reform between the 10 indicator sets included in the programs. aggregate ranking is 0.37, and the coefficients between any 2 sets of indicators range from 0.19 Distance to frontier measure (between dealing with construction permits and A drawback of the ease of doing business ranking is getting credit) to 0.60 (between starting a business that it can measure the regulatory performance of and protecting investors). These correlations suggest economies only relative to the performance of others. that economies rarely score universally well or It does not provide information on how the absolute universally badly on the indicators. quality of the regulatory environment is improving Consider the example of Canada. It stands at 17 in the over time. Nor does it provide information on how aggregate ranking on the ease of doing business. Its large the gaps are between economies at a single ranking is 3 on starting a business, and 4 on both point in time. resolving insolvency and protecting investors. But its The distance to frontier measure is designed to ranking is only 62 on enforcing contracts, 69 on address both shortcomings, complementing the ease dealing with construction permits and 152 on getting of doing business ranking. This measure illustrates the electricity. distance of an economy to the ―frontier,‖ and the Variation in performance across the indicator sets is change in the measure over time shows the extent to not at all unusual. It reflects differences in the degree which the economy has closed this gap. The frontier is of priority that government authorities give to a score derived from the most efficient practice or particular areas of business regulation reform and the highest score achieved on each of the component indicators in 9 Doing Business indicator sets (excluding 5 6 A technical note on the different aggregation and weighting Doing Business reforms making it more difficult to do business are methods is available on the Doing Business website subtracted from the total number of those making it easier to do (http://www.doingbusiness.org). business. Doing Business 2013 Slovenia 115 the employing workers and getting electricity The maximum (max) and minimum (min) observed indicators) by any economy since 2005. In starting a values are computed for the 174 economies included business, for example, New Zealand has achieved the in the Doing Business sample since 2005 and for all highest performance on the time (1 day), Canada and years (from 2005 to 2012). The year 2005 was chosen New Zealand on the number of procedures required as the baseline for the economy sample because it was (1), Slovenia on the cost (0% of income per capita) and the first year in which data were available for the Australia and 90 other economies on the paid-in majority of economies (a total of 174) and for all 9 minimum capital requirement (0% of income per indicator sets included in the measure. To mitigate the capita). Calculating the distance to frontier for each effects of extreme outliers in the distributions of the economy involves 2 main steps. First, individual rescaled data (very few economies need 694 days to indicator scores are normalized to a common unit: complete the procedures to start a business, but many th except for the total tax rate. To do so, each of the 28 need 9 days), the maximum (max) is defined as the 95 component indicators y is rescaled to (max − y)/(max percentile of the pooled data for all economies and all − min), with the minimum value (min) representing the years for each indicator. The exceptions are the getting frontier—the highest performance on that indicator credit, protecting investors and resolving insolvency across all economies since 2005. For the total tax rate, indicators, whose construction precludes outliers. consistent with the calculation of the rankings, the Take Ghana, which has a score of 67 on the distance to frontier is defined as the total tax rate corresponding th frontier measure for 2012. This score indicates that the to the 15 percentile based on the overall distribution economy is 33 percentage points away from the of total tax rates for all years. Second, for each frontier constructed from the best performances economy the scores obtained for individual indicators across all economies and all years. Ghana was further are aggregated through simple averaging into one from the frontier in 2005, with a score of 54. The distance to frontier score. An economy‘s distance to difference between the scores shows an improvement frontier is indicated on a scale from 0 to 100, where 0 over time. represents the lowest performance and 100 the frontier. The distance to frontier measure can also be used for comparisons across economies in the same year, The difference between an economy‘s distance to complementing the ease of doing business ranking. frontier score in 2005 and its score in 2012 illustrates For example, Ghana stands at 64 this year in the ease the extent to which the economy has closed the gap to of doing business ranking, while Peru, which is 29 the frontier over time. And in any given year the score percentage points from the frontier, stands at 43. measures how far an economy is from the highest performance at that time. Doing Business 2013 Slovenia 116 RESOURCES ON THE DOING BUSINESS WEBSITE Current features Doing Business reforms News on the Doing Business project Short summaries of DB2013 business regulation http://www.doingbusiness.org reforms, lists of reforms since DB2008 and a ranking simulation tool Rankings http://www.doingbusiness.org/reforms/ How economies rank—from 1 to 185 http://www.doingbusiness.org/rankings/ Historical data Customized data sets since DB2004 Data http://www.doingbusiness.org/custom-query/ All the data for 185 economies—topic rankings, indicator values, lists of regulatory procedures and Law library details underlying indicators Online collection of business laws and regulations http://www.doingbusiness.org/data/ relating to business and gender issues http://www.doingbusiness.org/law-library/ Reports http://wbl.worldbank.org/ Access to Doing Business reports as well as subnational and regional reports, reform case Contributors studies and customized economy and regional More than 9,600 specialists in 185 economies who profiles participate in Doing Business http://www.doingbusiness.org/reports/ http://www.doingbusiness.org/contributors/doing- business/ Methodology The methodologies and research papers NEW! Entrepreneurship data underlying Doing Business Data on business density for 130 economies http://www.doingbusiness.org/methodology/ http://www.doingbusiness.org/data/exploretopics/e ntrepreneurship Research Abstracts of papers on Doing Business topics and More to come related policy issues Coming soon—information on good practices and http://www.doingbusiness.org/research/ data on transparency and on the distance to frontier Doing Business 2013 Slovenia 117