92028 Doing Business 2015 Guatemala Economy Profile 2015 Guatemala Doing Business 2015 Guatemala 2 © 2014 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org All rights reserved. 1 2 3 4 17 16 15 14 This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. 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Doing Business 2015 Guatemala 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 6 Starting a business ..................................................................................................................... 16 Dealing with construction permits ........................................................................................... 23 Getting electricity ....................................................................................................................... 32 Registering property .................................................................................................................. 38 Getting credit .............................................................................................................................. 46 Protecting minority investors ................................................................................................... 53 Paying taxes ................................................................................................................................ 61 Trading across borders .............................................................................................................. 66 Enforcing contracts .................................................................................................................... 70 Resolving insolvency .................................................................................................................. 76 Labor market regulation ........................................................................................................... 79 Distance to frontier and ease of doing business ranking ...................................................... 86 Resources on the Doing Business website .............................................................................. 89 Doing Business 2015 Guatemala 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is 1, 2014 (except for the paying taxes indicators, which for a local entrepreneur to open and run a small to cover the period January–December 2013). medium-size business when complying with relevant The Doing Business methodology has limitations. Other regulations. It measures and tracks changes in areas important to business—such as an economy’s regulations affecting 11 areas in the life cycle of a proximity to large markets, the quality of its business: starting a business, dealing with construction infrastructure services (other than those related to permits, getting electricity, registering property, getting trading across borders and getting electricity), the credit, protecting minority investors, paying taxes, security of property from theft and looting, the trading across borders, enforcing contracts, resolving transparency of government procurement, insolvency and labor market regulation. macroeconomic conditions or the underlying strength of In a series of annual reports Doing Business presents institutions—are not directly studied by Doing Business. quantitative indicators on business regulations and the The indicators refer to a specific type of business, protection of property rights that can be compared generally a local limited liability company operating in across 189 economies, from Afghanistan to Zimbabwe, the largest business city. Because standard assumptions over time. The data set covers 47 economies in Sub- are used in the data collection, comparisons and Saharan Africa, 32 in Latin America and the Caribbean, 25 benchmarks are valid across economies. The data not in East Asia and the Pacific, 26 in Eastern Europe and only highlight the extent of obstacles to doing business; Central Asia, 20 in the Middle East and North Africa and they also help identify the source of those obstacles, 8 in South Asia, as well as 31 OECD high-income supporting policy makers in designing regulatory reform. economies. The indicators are used to analyze economic More information is available in the full report. Doing outcomes and identify what reforms have worked, where Business 2015 presents the indicators, analyzes their and why. relationship with economic outcomes and presents This economy profile presents the Doing Business business regulatory reforms. The data, along with indicators for Guatemala. To allow useful comparison, it information on ordering Doing Business 2015, are also provides data for other selected economies available on the Doing Business website at (comparator economies) for each indicator. The data in http://www.doingbusiness.org. this report are current as of June Doing Business 2015 Guatemala 5 CHANGES IN DOING BUSINESS 2015 As part of a 2-year update in methodology, Doing Finally, the name of the employing workers indicator set Business 2015 incorporates 7 important changes. First, has been changed to labor market regulation, and the the ease of doing business ranking as well as all topic- scope of this indicator set has also been changed. The level rankings are now computed on the basis of indicators now focus on labor market regulation distance to frontier scores (see the chapter on the applying to the retail sector rather than the distance to frontier and ease of doing business ranking). manufacturing sector, and their coverage has been Second, for the 11 economies with a population of more expanded to include regulations on labor disputes and than 100 million, data for a second city have been added on benefits provided to workers. The labor market to the data set and the ranking calculation. These regulation indicators continue to be excluded from the economies are Bangladesh, Brazil, China, India, aggregate distance to frontier score and ranking on the Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian ease of doing business. Federation and the United States. Third, for getting Beyond these changes there are 3 other updates in credit, the methodology has been revised for both the methodology. For paying taxes, the financial statement strength of legal rights index and the depth of credit variables have been updated to be proportional to 2012 information index. The number of points has been income per capita; previously they were proportional to increased in both indices, from 10 to 12 for the strength 2005 income per capita. For enforcing contracts, the of legal rights index and from 6 to 8 for the depth of value of the claim is now set at twice the income per credit information index. In addition, only credit bureaus capita or $5,000, whichever is greater. For dealing with and registries that cover at least 5% of the adult construction permits, the cost of construction is now set population can receive a score on the depth of credit at 50 times income per capita (before, the cost was information index. assessed by the Doing Business respondents). In addition, Fourth, the name of the protecting investors indicator set this indicator set no longer includes the procedures for has been changed to protecting minority investors to obtaining a landline telephone connection. better reflect its scope—and the scope of the indicator For more details on the changes, see the “What is set has been expanded to include shareholders’ rights in changing in Doing Business?” chapter starting on page corporate governance beyond related-party transactions. 24 of the Doing Business 2015 report. For more details Fifth, the resolving insolvency indicator set has been on the data and methodology, please see the “Data expanded to include an index measuring the strength of Notes” chapter starting on page 114 of the Doing the legal framework for insolvency. Sixth, the calculation Business 2015 report. For more details on the distance to of the distance to frontier score for paying taxes has frontier metric, please see the “Distance to frontier and been changed. The total tax rate component now enters ease of doing business ranking” chapter in this profile. the score in a nonlinear fashion, in an approach different from that used for all other indicators (see the chapter on the distance to frontier and ease of doing business ranking). Doing Business 2015 Guatemala 6 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy’s regulatory environment for business, a good place to start ECONOMY OVERVIEW is to find out how it compares with the regulatory environment in other economies. Doing Business provides an aggregate ranking on the ease of doing business Region: Latin America & Caribbean based on indicator sets that measure and benchmark regulations applying to domestic small to medium-size Income category: Lower middle income businesses through their life cycle. Economies are ranked from 1 to 189 by the ease of doing business ranking. This Population: 15,468,203 year's report presents results for 2 aggregate measures: the distance to frontier score and the ease of doing GNI per capita (US$): 3,340 business ranking. The ranking of economies is determined by sorting the aggregate distance to frontier (DTF) scores. DB2015 rank: 73 The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute DB2014 rank: 71* distance to the best performance in each Doing Business Change in rank: -2 indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the DB 2015 DTF: 64.9 worst performance and 100 the frontier. (See the chapter on the distance to frontier and ease of doing business). DB 2014 DTF: 64.2 The 10 topics included in the ranking in Doing Business 2015: starting a business, dealing with construction Change in DTF: 0.7 permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading * DB2014 ranking shown is not last year’s published across borders, enforcing contracts and resolving ranking but a comparable ranking for DB2014 that insolvency. The labor market regulation indicators captures the effects of such factors as data (formerly employing workers) are not included in this corrections and the changes in methodology. See year’s aggregate ease of doing business ranking, but the the data notes starting on page 114 of the Doing data are presented in this year’s economy profile. Business 2015 report for sources and definitions. The aggregate ranking on the ease of doing business benchmarks each economy’s performance on the indicators against that of all other economies in the Doing Business sample (figure 1.1). While this ranking tells much about the business environment in an economy, it does not tell the whole story. The ranking on the ease of doing business, and the underlying indicators, do not measure all aspects of the business environment that matter to firms and investors or that affect the competitiveness of the economy. Still, a high ranking does mean that the government has created a regulatory environment conducive to operating a business. Doing Business 2015 Guatemala THE BUSINESS ENVIRONMENT Figure 1.1 Where economies stand in the global ranking on the ease of doing business Source: Doing Business database. Doing Business 2015 Guatemala THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy regional average (figure 1.2). The economy’s rankings stands in the aggregate ranking on the ease of doing (figure 1.3) and distance to frontier scores (figure 1.4) business is useful. Also useful is to know how it ranks on the topics included in the ease of doing business relative to comparator economies and relative to the ranking provide another perspective. Figure 1.2 How Guatemala and comparator economies rank on the ease of doing business Note: The rankings are benchmarked to June 2014 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Source: Doing Business database. Doing Business 2015 Guatemala 9 THE BUSINESS ENVIRONMENT Figure 1.3 Rankings on Doing Business topics - Guatemala (Scale: Rank 189 center, Rank 1 outer edge) Figure 1.4 Distance to frontier scores on Doing Business topics - Guatemala (Scale: Score 0 center, Score 100 outer edge) Note: The rankings are benchmarked to June 2014 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Source: Doing Business database. Doing Business 2015 Guatemala 10 THE BUSINESS ENVIRONMENT Just as the overall ranking on the ease of doing business tells Doing Business introduced the distance to frontier score. This only part of the story, so do changes in that ranking. Yearly measure shows how far on average an economy is from the movements in rankings can provide some indication of best performance achieved by any economy on each Doing changes in an economy’s regulatory environment for firms, Business indicator. but they are always relative. Comparing the measure for an economy at 2 points in time Moreover, year-to-year changes in the overall rankings do allows users to assess how much the economy’s regulatory not reflect how the business regulatory environment in an environment as measured by Doing Business has changed economy has changed over time—or how it has changed in over time—how far it has moved toward (or away from) the different areas. To aid in assessing such changes, most efficient practices and strongest regulations in areas covered by Doing Business (figure 1.5). Figure 1.5 How far has Guatemala come in the areas measured by Doing Business? Note: The distance to frontier score shows how far on average an economy is from the best performance achieved by any economy on each Doing Business indicator since 2010, except for getting credit, paying taxes, protecting minority investors and resolving insolvency which had methodology changes in 2014 and thus are only comparable to 2013. The measure is normalized to range between 0 and 100, with 100 representing the best performance (the frontier). See the data notes starting on page 114 of the Doing Business 2015 report for more details on the distance to frontier score. Source: Doing Business database. Doing Business 2015 Guatemala 11 THE BUSINESS ENVIRONMENT The absolute values of the indicators tell another part of regulation—such as a regulatory process that can be the story (table 1.1). The indicators, on their own or in completed with a small number of procedures in a few comparison with the indicators of a good practice days and at a low cost. Comparison of the economy’s economy or those of comparator economies in the indicators today with those in the previous year may region, may reveal bottlenecks reflected in large numbers show where substantial bottlenecks persist—and where of procedures, long delays or high costs. Or they may they are diminishing. reveal unexpected strengths in an area of business Table 1.1 Summary of Doing Business indicators for Guatemala Best performer globally El Salvador DB2015 Guatemala DB2015 Guatemala DB2014 Costa Rica DB2015 Honduras DB2015 Colombia DB2015 Panama DB2015 Mexico DB2015 Indicator DB2015 Starting a Business 98 107 84 118 121 138 67 38 New Zealand (1) (rank) Starting a Business (DTF 83.72 80.86 86.13 80.90 79.87 74.84 88.85 91.93 New Zealand (99.96) Score) Procedures (number) 6.0 6.0 8.0 9.0 8.0 12.0 6.0 5.0 New Zealand (1.0)* Time (days) 18.5 19.5 11.0 24.0 16.5 14.0 6.3 6.0 New Zealand (0.5) Cost (% of income per 25.8 46.4 7.5 11.5 45.2 39.0 18.6 6.4 Slovenia (0.0) capita) Paid-in min. capital (% 18.7 19.6 0.0 0.0 2.7 11.5 0.0 0.0 112 Economies (0.0)* of income per capita) Dealing with Hong Kong SAR, Construction Permits 122 116 61 52 155 103 108 63 China (1) (rank) Dealing with Hong Kong SAR, Construction Permits 66.18 67.00 76.45 78.14 57.19 69.37 68.43 75.97 China (95.53) (DTF Score) Doing Business 2015 Guatemala 12 Best performer globally El Salvador DB2015 Guatemala DB2015 Guatemala DB2014 Costa Rica DB2015 Honduras DB2015 Colombia DB2015 Panama DB2015 Mexico DB2015 Indicator DB2015 Hong Kong SAR, Procedures (number) 11.0 10.0 10.0 13.0 25.0 15.0 11.3 15.0 China (5.0) Time (days) 158.0 157.0 73.0 113.0 115.0 82.0 87.6 101.0 Singapore (26.0) Cost (% of warehouse 7.9 8.2 7.4 1.7 4.6 7.2 10.3 2.1 Qatar (0.0)* value) Getting Electricity 18 20 92 46 144 110 116 29 Korea, Rep. (1) (rank) Getting Electricity (DTF 89.28 89.14 74.20 82.72 60.56 70.96 68.47 86.39 Korea, Rep. (99.83) Score) Procedures (number) 4.0 4.0 5.0 5.0 8.0 7.0 6.8 5.0 12 Economies (3.0)* Time (days) 39.0 39.0 105.0 55.0 83.0 39.0 78.9 35.0 Korea, Rep. (18.0)* Cost (% of income per 514.6 548.8 504.4 196.2 543.8 918.0 346.1 9.3 Japan (0.0) capita) Registering Property 65 64 42 47 56 81 110 61 Georgia (1) (rank) Registering Property 74.07 74.01 79.33 78.40 75.65 70.09 62.45 74.65 Georgia (99.88) (DTF Score) Procedures (number) 6.0 6.0 6.0 5.0 5.0 6.0 6.8 7.0 4 Economies (1.0)* Time (days) 24.0 24.0 16.0 19.0 31.0 22.0 63.6 22.5 3 Economies (1.0)* Cost (% of property 3.8 3.8 2.0 3.4 3.8 5.7 5.1 2.4 4 Economies (0.0)* value) Getting Credit (rank) 12 10 2 89 71 7 12 17 New Zealand (1) Getting Credit (DTF 80.00 80.00 95.00 45.00 50.00 85.00 80.00 75.00 New Zealand (100) Score) Strength of legal rights 9 9 12 2 3 9 8 7 3 Economies (12)* index (0-12) Doing Business 2015 Guatemala 13 Best performer globally El Salvador DB2015 Guatemala DB2015 Guatemala DB2014 Costa Rica DB2015 Honduras DB2015 Colombia DB2015 Panama DB2015 Mexico DB2015 Indicator DB2015 Depth of credit 7 7 7 7 7 8 8 8 23 Economies (8)* information index (0-8) Credit registry coverage 19.2 19.1 0.0 27.4 28.2 21.8 0.0 0.0 Portugal (100.0) (% of adults) Credit bureau coverage 8.7 8.6 87.0 100.0 32.0 36.1 100.0 63.0 23 Economies (100.0)* (% of adults) Protecting Minority 174 174 10 181 154 174 62 76 New Zealand (1) Investors (rank) Protecting Minority 31.67 31.67 71.67 28.33 41.67 31.67 57.50 55.83 New Zealand (81.67) Investors (DTF Score) Extent of conflict of interest regulation 3.3 3.3 8.0 3.3 3.3 3.3 6.0 5.3 Singapore (9.3)* index (0-10) Extent of shareholder governance index (0- 3.0 3.0 6.3 2.3 5.0 3.0 5.5 5.8 France (7.8)* 10) Strength of minority investor protection 3.2 3.2 7.2 2.8 4.2 3.2 5.8 5.6 New Zealand (8.2) index (0-10) United Arab Emirates Paying Taxes (rank) 54 66 146 121 161 153 105 166 (1)* Paying Taxes (DTF United Arab Emirates 80.04 76.48 59.71 67.27 52.31 57.92 71.17 48.60 Score) (99.44)* Payments (number per Hong Kong SAR, 8.0 7.0 11.0 23.0 53.0 48.0 6.0 52.0 year) China (3.0)* Time (hours per year) 256.0 326.0 239.0 163.0 320.0 224.0 334.0 417.0 Luxembourg (55.0) Trading Across Borders 102 104 93 47 73 70 44 9 Singapore (1) (rank) Trading Across Borders 70.10 69.29 72.69 80.84 76.01 76.50 81.26 91.25 Singapore (96.47) Doing Business 2015 Guatemala 14 Best performer globally El Salvador DB2015 Guatemala DB2015 Guatemala DB2014 Costa Rica DB2015 Honduras DB2015 Colombia DB2015 Panama DB2015 Mexico DB2015 Indicator DB2015 (DTF Score) Documents to export 8 8 4 5 7 5 4 3 Ireland (2)* (number) Time to export (days) 17.0 17.0 14.0 14.0 13.0 12.0 12.0 10.0 5 Economies (6.0)* Cost to export (US$ per 1,355.0 1,435.0 2,355.0 1,020.0 1,045.0 1,450.0 1,499.3 665.0 Timor-Leste (410.0) container) Cost to export (deflated 1,355.0 1,487.4 2,355.0 1,020.0 1,045.0 1,450.0 1,499.3 665.0 US$ per container) Documents to import 6 6 6 5 7 6 4 3 Ireland (2)* (number) Time to import (days) 16.0 16.0 13.0 14.0 10.0 16.0 11.2 9.0 Singapore (4.0) Cost to import (US$ per 1,445.0 1,500.0 2,470.0 1,070.0 1,035.0 1,630.0 1,887.6 1,030.0 Singapore (440.0) container) Cost to import (deflated 1,445.0 1,554.8 2,470.0 1,070.0 1,035.0 1,630.0 1,887.6 1,030.0 US$ per container) Enforcing Contracts 143 141 168 129 82 166 57 84 Singapore (1) (rank) Enforcing Contracts 46.35 46.35 37.66 51.13 60.06 37.90 64.61 58.87 Singapore (89.54) (DTF Score) Time (days) 1,402.0 1,402.0 1,288.0 852.0 786.0 920.0 388.9 686.0 Singapore (150.0) Cost (% of claim) 26.5 26.5 47.9 24.3 19.2 35.2 30.9 38.0 Iceland (9.0) Procedures (number) 31.0 31.0 33.0 40.0 35.0 47.0 36.8 32.0 Singapore (21.0)* Resolving Insolvency 155 154 30 89 79 140 27 132 Finland (1) (rank) Resolving Insolvency 27.37 27.41 70.00 43.95 46.02 31.83 72.59 33.66 Finland (93.85) (DTF Score) Doing Business 2015 Guatemala 15 Best performer globally El Salvador DB2015 Guatemala DB2015 Guatemala DB2014 Costa Rica DB2015 Honduras DB2015 Colombia DB2015 Panama DB2015 Mexico DB2015 Indicator DB2015 Time (years) 3.0 1.7 3.0 3.5 3.8 1.8 2.5 Ireland (0.4) Cost (% of estate) 14.5 14.5 6.0 14.5 12.0 14.5 18.0 25.0 Norway (1.0) Outcome (0 as piecemeal sale and 1 as 0 0 1 0 0 0 1 0 going concern) Recovery rate (cents on 27.6 27.7 72.0 26.5 33.2 18.5 68.1 27.7 Japan (92.9) the dollar) Strength of insolvency 4.0 4.0 10.0 9.5 9.0 7.0 11.5 6.0 5 Economies (15.0)* framework index (0-16) Note: DB2014 rankings shown are not last year’s published rankings but comparable rankings for DB2014 that capture the effects of s uch factors as data corrections and changes to the methodology. Trading across borders deflated and non-deflated values are identical in DB2015 because it is defined as the base year for the deflator. The best performer on time for paying taxes is defined as the lowest time recorded among all economies in the DB2015 sample that levy the 3 major taxes: profit tax, labor taxes and mandatory contributions, and VAT or sales tax. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a “no practice” mark. Similarly, an economy receives a “no practice” or “not possible” mark if regulation exists but is never used in practic e or if a competing regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the ranking on the relevant indicator. * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Source: Doing Business database. Doing Business 2015 Guatemala 16 STARTING A BUSINESS Formal registration of companies has many WHAT THE STARTING A BUSINESS immediate benefits for the companies and for business owners and employees. Legal entities can INDICATORS MEASURE outlive their founders. Resources are pooled as several shareholders join forces to start a company. Procedures to legally start and operate a Formally registered companies have access to company (number) services and institutions from courts to banks as well Preregistration (for example, name as to new markets. And their employees can benefit verification or reservation, notarization) from protections provided by the law. An additional benefit comes with limited liability companies. These Registration in the economy’s largest limit the financial liability of company owners to their business city 1 investments, so personal assets of the owners are not Postregistration (for example, social security put at risk. Where governments make registration registration, company seal) easy, more entrepreneurs start businesses in the formal sector, creating more good jobs and Time required to complete each procedure generating more revenue for the government. (calendar days) What do the indicators cover? Does not include time spent gathering information Doing Business measures the ease of starting a business in an economy by recording all procedures Each procedure starts on a separate day (2 officially required or commonly done in practice by procedures cannot start on the same day). an entrepreneur to start up and formally operate an Procedures that can be fully completed industrial or commercial business—as well as the online are recorded as ½ day. time and cost required to complete these procedures. Procedure completed once final document is It also records the paid-in minimum capital that received companies must deposit before registration (or within 3 months). The ranking of economies on the No prior contact with officials ease of starting a business is determined by sorting Cost required to complete each procedure their distance to frontier scores for starting a (% of income per capita) business. These scores are the simple average of the distance to frontier scores for each of the component Official costs only, no bribes indicators. No professional fees unless services required To make the data comparable across economies, by law Doing Business uses several assumptions about the Paid-in minimum capital (% of income business and the procedures. It assumes that all per capita) information is readily available to the entrepreneur and that there has been no prior contact with Deposited in a bank or with a notary before officials. It also assumes that the entrepreneur will registration (or within 3 months) pay no bribes. And it assumes that the business:  Is a limited liability company, located in the  Has a start-up capital of 10 times income per largest business city and is 100% domestically capita. owned . 1  Has a turnover of at least 100 times income per  Has between 10 and 50 employees. capita.  Conducts general commercial or industrial  Does not qualify for any special benefits. activities.  Does not own real estate. 1 For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2015 Guatemala 17 STARTING A BUSINESS Where does the economy stand today? What does it take to start a business in Guatemala? largest business city of an economy, except for 11 According to data collected by Doing Business, starting a economies for which the data are a population-weighted business there requires 6.0 procedures, takes 18.5 days, average of the 2 largest business cities. See the chapter costs 25.8% of income per capita and requires paid-in on distance to frontier and ease of doing business minimum capital of 18.7% of income per capita (figure ranking at the end of this profile for more details. 2.1). Most indicator sets refer to a case scenario in the Figure 2.1 What it takes to start a business in Guatemala - Paid-in minimum capital (% of income per capita): 18.7 Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the starting a business indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Guatemala 18 STARTING A BUSINESS Globally, Guatemala stands at 98 in the ranking of 189 average ranking provide other useful information for economies on the ease of starting a business (figure 2.2). assessing how easy it is for an entrepreneur in The rankings for comparator economies and the regional Guatemala to start a business. Figure 2.2 How Guatemala and comparator economies rank on the ease of starting a business Source: Doing Business database. Doing Business 2015 Guatemala 19 STARTING A BUSINESS Economies around the world have taken steps making it they often are part of a larger regulatory reform easier to start a business—streamlining procedures by program. Among the benefits have been greater firm setting up a one-stop shop, making procedures simpler satisfaction and savings and more registered businesses, or faster by introducing technology and reducing or financial resources and job opportunities. eliminating minimum capital requirements. Many have What business registration reforms has Doing Business undertaken business registration reforms in stages—and recorded in Guatemala (table 2.1)? Table 2.1 How has Guatemala made starting a business easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Guatemala made starting a business easier by creating an DB2014 online platform that allows simultaneous registration of a new company with different government agencies.. Guatemala made starting a business easier by eliminating DB2015 certain registration fees and reducing the time to publish a notice of incorporation. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Guatemala 20 STARTING A BUSINESS What are the details? Underlying the indicators shown in this chapter for STANDARDIZED COMPANY Guatemala is a set of specific procedures—the bureaucratic and legal steps that an entrepreneur must complete to incorporate and register a new Legal form: Sociedad Anónima (SA) - firm. These are identified by Doing Business through Corporation collaboration with relevant local professionals and the study of laws, regulations and publicly available Paid in minimum capital requirement: GTQ information on business entry in that economy. 5,000 Following is a detailed summary of those procedures, City: Guatemala City along with the associated time and cost. These procedures are those that apply to a company Start-up Capital: 10 times GNI per capita matching the standard assumptions (the “standardized company”) used by Doing Business in collecting the data (see the section in this chapter on what the indicators measure). Table 2.2 Summary of time, cost and procedures for starting a business in Guatemala - Time to No. Procedure Cost to complete complete Check the proposed company name online and obtain a letter from a Guatemalan notary public to open bank account First, the parties or the Public Notary have to conduct a company name availability search on the website of the Mercantile Registry of Guatemala and after that, they can proceed with the issue of the letter mentioned before. Then, the minimum paid capital requirement of GTQ 5,000 must be deposited in a local bank before the articles of incorporation are signed. For this purpose, a notary public must issue a GTQ 0.5 for each 1 1 day letter confirming that he or she has been requested to draw up and name register the company’s deed of constitution. This letter allows for the opening of a temporary bank account while registration is completed. The letter has to indicate the exact address for the new company, which has to be supported by a bill of a public service. Agency: Public Notary Deposit the subscribed capital in a bank and obtain a receipt The legal representative opens a bank account and deposits the subscribed capital. The bank will require a bill of any public service with the address of the new company. The deposit slip is presented to the 2 Notary. The deposit slip is then presented to the notary. 1 day no charge Agency: Bank Doing Business 2015 Guatemala 21 Time to No. Procedure Cost to complete complete A notary public draws the deed of constitution, fills the forms required by the Commercial Registry and the tax authority and pays the registration fees online On March 18, 2013, Guatemala launched Mi Negocio, a new online platform that allows registering a new company with the commercial registrar (Registro Mercantil), the tax authority (Superintendencia de Administración Tributaria), the social security institute (Instituto Guatemalteco de Seguridad Social) and the Ministry of Labor (Ministerio de Trabajo) through a single form online. This new online platform reduces significantly the time for an entrepreneur to obtain the definitive registration, tax and social security numbers and the authorization to print invoices. The notary issues a certified copy of the deed and draws the appointment of the legal representative (Sole Administrator or members of the Board), who has to be personally registered before the Tax Authorities. Then, the notary fills online the forms required by the Less than one day 3 Commercial Registry and Superintendence of Tax Administration with see comment (online procedure) the help of the new company´s accountant. The following forms are required by the Commercial Registry: a- certified copy of the deed of constitution b- appointment of legal representative c- bill of any public service with the exact address of the new company d- letter of intent from the owner of the address e- payment receipt Finally, the notary pays in Banrural Bank the amount required by the Registry: GTQ 5,000 average notarial fees + GTQ 250 stamp tax, GTQ 300 notarial stamp tax for the certified copy, GTQ 112 stamp tax for the appointment; GTQ 15 edict; GTQ 100 Social Books; 100 Commercial License. Agency: Public Notary Obtain the provisional registration of the new company before the Mercantil Register; the Tax Identification Number; the Edict; the Registration of the legal representative appointment and the authorization to print invoices Provisional registration at the Commercial Registry with the tax and social security authorities can be completed in 2–3 days using the 3 days no charge 4 online portal minegocio.gob.gt. To physically submit the documents, provincial registration in Guatemala takes about 10 to 14 days. In addition, once a corporation is registered, by law, it has 1 year to send to the Mercantile Registry a notice stating the number of shares issued, in relation with the paid-in capital. Agency: Registration Court Doing Business 2015 Guatemala 22 Time to No. Procedure Cost to complete complete Publication of the edict in Diario de Centro America and opposition to the provisional registration of the company by affected third parties 2 days on average for the edict to be Three days after the provisional registration, the Mercantile Registry published and 8 publishes the notice of incorporation. The law establishes an opposition days for the GTQ 525.62 5 term of 8 working days, upon the day after the publication, in case any opposition to the third party disagrees with the registration of the corporation. provisional registration by Agency: Official Gazette (Diario de Centroamérica) third parties Obtain the definitive registration, the commercial license, the Social Security Number and the Authorization for social and accounting books. Once registration is completed, the social security identification number, the commercial license, and the authorization for social and accounting books can be obtained. This can be done through the online portal minegocio.gob.gt in 3 days on average. To physically obtain the registration and commercial license, it takes on average 10 3 days GTQ 250 stamp tax 6 to 15 days. Once a corporation is registered, by law it has 1 year to send to the Mercantile Registry a notice stating the number of shares issued, in relation to the paid-in capital. Agency: Commercial Register (Registro Mercantil) and Tax Authority (Superintendencia de Administración Tributaria -SAT-). * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Guatemala 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 excessive PERMITS INDICATORS MEASURE constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in time and money, Procedures to legally build a warehouse many builders opt out. They may pay bribes to pass (number) inspections or simply build illegally, leading to Submitting all relevant documents and hazardous construction that puts public safety at risk. obtaining all necessary clearances, licenses, Where compliance is simple, straightforward and permits and certificates inexpensive, everyone is better off. Submitting all required notifications and What do the indicators cover? receiving all necessary inspections Doing Business records the procedures, time and cost Obtaining utility connections for water and for a business in the construction industry to obtain sewerage all the necessary approvals to build a warehouse in Registering the warehouse after its the economy’s largest business city, connect it to completion (if required for use as collateral or basic utilities and register the warehouse so that it for transfer of the warehouse) can be used as collateral or transferred to another Time required to complete each procedure entity. (calendar days) The ranking of economies on the ease of dealing with Does not include time spent gathering construction permits is determined by sorting their information distance to frontier scores for dealing with Each procedure starts on a separate day. construction permits. These scores are the simple Procedures that can be fully completed online average of the distance to frontier scores for each of are recorded as ½ day. the component indicators. Procedure considered completed once final To make the data comparable across economies, document is received Doing Business uses several assumptions about the business and the warehouse, including the utility No prior contact with officials connections. Cost required to complete each procedure (% The business: of warehouse value) Official costs only, no bribes  Is a limited liability company operating in the construction business and located in  Will have complete architectural and the largest business city. For the 11 technical plans prepared by a licensed economies with a population of more than architect or engineer. 100 million, data for a second city have  Will be connected to water and sewerage been added. Is domestically owned and (sewage system, septic tank or their operated. equivalent). The connection to each utility  Has 60 builders and other employees. network will be 150 meters (492 feet) long. The warehouse:  Will be used for general storage, such as of books or stationery (not for goods requiring  Is valued at 50 times income per capita. special conditions).  Is a new construction (there was no  Will take 30 weeks to construct (excluding all previous construction on the land). delays due to administrative and regulatory requirements). Doing Business 2015 Guatemala 24 DEALING WITH CONSTRUCTION PERMITS Where does the economy stand today? What does it take to comply with the formalities to build business city of an economy, except for 11 economies for a warehouse in Guatemala? According to data collected which the data are a population-weighted average of the by Doing Business, dealing with construction permits 2 largest business cities. See the chapter on distance to there requires 11.0 procedures, takes 158.0 days and frontier and ease of doing business ranking at the end of costs 7.9% of the warehouse value (figure 3.1). Most this profile for more details. indicator sets refer to a case scenario in the largest Figure 3.1 What it takes to comply with formalities to build a warehouse in Guatemala - Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the dealing with construction permits indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Guatemala 25 DEALING WITH CONSTRUCTION PERMITS Globally, Guatemala stands at 122 in the ranking of 189 other useful information for assessing how easy it is for economies on the ease of dealing with construction an entrepreneur in Guatemala to legally build a permits (figure 3.2). The rankings for comparator warehouse. economies and the regional average ranking provide Figure 3.2 How Guatemala and comparator economies rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2015 Guatemala 26 DEALING WITH CONSTRUCTION PERMITS Smart regulation ensures that standards are met while an effort to ensure building safety while keeping making compliance easy and accessible to all. Coherent compliance costs reasonable, governments around the and transparent rules, efficient processes and adequate world have worked on consolidating permitting allocation of resources are especially important in sectors requirements. What construction permitting reforms has where safety is at stake. Construction is one of them. In Doing Business recorded in Guatemala (table 3.1)? Table 3.1 How has Guatemala made dealing with construction permits easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Guatemala made dealing with construction permits easier through a new land management plan that simplified the risk- DB2010 based approval process for building permits and through new zoning regimes that speeded up the approval process. Guatemala made dealing with construction permits easier by DB2013 introducing a risk-based approval system Guatemala made dealing with construction permits easier by streamlining procedures through the creation of a one-stop DB2014 shop, backed by agreements between institutions and agencies involved in the permitting process. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Guatemala 27 DEALING WITH CONSTRUCTION PERMITS What are the details? The indicators reported here for Guatemala are BUILDING A WAREHOUSE based on a set of specific procedures—the steps that a company must complete to legally build a warehouse—identified by Doing Business through Estimated cost of information collected from experts in construction GTQ 1,335,756 construction : licensing, including architects, civil engineers, construction lawyers, construction firms, utility City : Guatemala City service providers and public officials who deal with building regulations. These procedures are those The procedures, along with the associated time and cost, that apply to a company and structure matching the are summarized below. standard assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). Table 3.2 Summary of time, cost and procedures for dealing with construction permits in Guatemala - Time to No. Procedure Cost to complete complete Request and obtain certificate of land ownership The certificate is valid for 3 months. Since August 2007 the fee related to obtaining the certificate of land ownership has been increased from 1 GTQ 35.00 to GTQ 50.00. 8 days GTQ 50 Agency: One-Stop Shop under the Municipality of Guatemala City * Hire an environmental specialist and obtain an environmental assessment of minimum impact The environmental assessment of minimum impact is generally prepared by a professional (engineer/architect) authorized to do so. 2 BuildCo hires the professional and the cost will vary depending on the 14 days GTQ 20,000 project's characteristics. Agency: Independent Specialist * Submit a brief or simple industrial report This report contains an affidavit regarding storage use and any industrial processes to be carried out in the warehouse. 1 day no charge 3 Agency: One-Stop Shop under the Municipality of Guatemala City Submit evironmental assessment of minimum impact and receive approval from MARN (Ministerio de Ambiente y Recursos Naturales) 4 14 days GTQ 100 The environmental assessment along with application is submitted to the one-stop shop. Other required documents include: Doing Business 2015 Guatemala 28 Time to No. Procedure Cost to complete complete 1. Sworn statement of the petitioner 2. Photocopy of identity card or DPI 3. Legal representation of the representative 4. Location or sketch plan of the project 5. A photocopy of the complete file 6. Fotocopy of certificate of land ownership Agency: One-Stop Shop under the Municipality of Guatemala City * Verify compliance with Standard for Disaster Reduction Two (NDR-2 Norma de Reduccion de Desastres Numero Dos ) Since October 2013, the National Coordinator for Disasters Reduction (known as CONRED) is now required to verify that each building is in compliance with Agreement Number 04-2011 Standard for Disaster Reduction Number Two (Acuerdo Número 04-2011 Normas de 14 days no charge 5 Reducción de Desastres Número Dos-NDR-2) adopted on July 27, 2011. This regulation includes minimum security standards in public buildings. Agency: National Coordinator for Disaster Reduction (CONRED) Request and obtain a construction license The Municipality of Guatemala City introduced a new Land Management Plan (Plan de Ordenamiento Territorial- “POT”) as of January 7, 2009, and new building control regulations that also regulate the construction permit issuance. According to the new POT of Guatemala City the land use classifications were changed based on the principles of sustainability, certainty, and better quality of life. In the old system the land was divided into industrial, residential, and commercial zones, whereas the new zoning regimes are established according to general use of land which among others introduced mixed use of zoning regimes. This tool was developed in consultation with both private and public sector and widely publicized. It also introduces a more sophisticated risk-based system of approval of construction permits. Before, the application had only one process of approval, 14 days GTQ 70,232 6 whereby the application would be classified as complete and compliant with all requirements. This led to the issuance of construction permit. However, if incomplete it would need to be corrected. Under the new implementing regulations of POT this mechanism is based on three stages: Simplified Procedure (Precedimiento Directo); Approval of Land Management Council (Junta de Ordenamiento Territorial); Approval of Land Management Council and Neighbours’ Consent. Each phase is triggered if the previous phase is not complied with. BuildCo's case would fall into the ‘Simplified Procedure' scheme and does not require the subsequent procedure with Land Management Council and neighbors. Under this scheme if all requirements established in the regulations are satisfactory and complied with, the Doing Business 2015 Guatemala 29 Time to No. Procedure Cost to complete complete application would be approved in 10 working days. As of February 28, 2009 out of 580 applications for a new construction permit to the Central Territorial Directorate under the Municipality of Guatemala City (Direccion Central Territorial), 40% of cases underwent the simplified procedure and was approved within this time-limit. This procedure is administered under a newly operationalized single window principle. Additionally, the application forms have been substantially simplified and reduced in volume from 27 pages to 3 pages. BuildCo must submit the corresponding form with all the requested specifics, together with all the requirements in the previous procedures, photocopies of the identification cards of its legal agent and the professional responsible for the construction, and a photocopy of the latest Single Real Estate Tax (Impuesto Unico sobre Inmueble) receipt and any other required receipts. An architect or engineer must be responsible for the construction work, signing the submitted form and the plans. All the information to obtain the construction license can now be submitted in a digital form. Agency: One-Stop Shop under the Municipality of Guatemala City Notify the Construction Licensing Department upon construction completion and return the license The license must be returned to the Construction Licensing Department who performs the final inspection. If the construction work conforms to approved specifications, the occupancy permit is issued. When the license is returned, the Municipality notifies the Cadastre Office about 7 the construction and its cost. Within 7 -- 14 days, the Municipality visits 1 day no charge the site to verify that the building complies with the approved specifications. Agency: Construction Licensing Department (Departamento de Licencias de Construcción) Receive final inspection and obtain occupancy permit According to Article 78, upon completion of the construction work, the interested parties shall request a final inspection from the Construction Licensing Department. This request can now be done at the one-stop shop. This inspection shall be performed by the supervisor in charge, 14 days no charge 8 who shall record the result on an inspection card. If the building does not comply with approved specifications, the card must state the reasons and the appropriate remedies. If all aspects are in order and the card expressly states so, after the return of the respective license, the interested parties may request the building occupancy permit from the head of the office by completing the form stated in Annex 1 of the Doing Business 2015 Guatemala 30 Time to No. Procedure Cost to complete complete Regulation. If no objections are raised during the inspection (meaning that every part of the construction is authorized as complying with the plans submitted to the Construction Licensing Department), the professional in charge of the inspection may immediately go back to the office and issue the occupancy permit to be delivered to BuildCo. After that, BuildCo will be refunded its deposit of 0.01% of warehouse value that was paid at the stage of building permit approval. Agency: One-Stop Shop under the Municipality of Guatemala City * Request water and sewage connection and receive requirements from EMPAGUA BuildCo must fill out the application at the one-stop shop and receive the requirements from the Water and Sewerage Authority (Empresa Municipal de Agua, EMPAGUA). EMPAGUA will notify BuildCo of the fee to be paid as a deposit to cover the completion of the procedure and a service feasibility study that must be carried out by EMPAGUA. EMPAGUA will start the feasibility study within about 15 days. In 2007 the Municipality of Guatemala unified the application forms 1 day no charge 9 and relevant requirements for EMPAGUA, Department of Urban Construction Control (Departamento de Control de Construcción Urbana) and Infrastructure Directorate (Dirección de Infraestructura). Another change is that the approvals from all these entities are given simultaneously. However, this has not had any practical impact on the ground. Agency: One-Stop Shop under the Municipality of Guatemala City Request and obtain a feasibility study by EMPAGUA According to regulatory changes this procedure should be done in 27 working days. EMPAGUA must issue a resolution regarding feasibility or nonfeasibility and the steps to be taken by BuildCo for EMPAGUA to make the necessary hook-up connections. Upon completion of the feasibility study, EMPAGUA notifies the applicant of the amount to be paid to the Municipality for the feasibility study and the connections to be made. The cost may vary depending on the work to be done and the estimated required potable water supply and sewage volume to be 40 days GTQ 6,132 10 drained from the project. The inspections performed by EMPAGUA experts may vary depending on the number of inspections needed to determine service feasibility. Agency: One-Stop Shop under the Municipality of Guatemala City Doing Business 2015 Guatemala 31 Time to No. Procedure Cost to complete complete Receive connection to water 11 60 days GTQ 8,800 Agency: Municipality/EMPAGUA * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Guatemala 32 GETTING ELECTRICITY Access to reliable and affordable electricity is vital for WHAT THE GETTING ELECTRICITY businesses. To counter weak electricity supply, many firms in developing economies have to rely on self- INDICATORS MEASURE supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the first step for Procedures to obtain an electricity a customer is always to gain access by obtaining a connection (number) connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for a Completing all required notifications and local business to obtain a permanent electricity receiving all necessary inspections connection and supply for a standardized warehouse, as well as the time and cost to complete them. These Obtaining external installation works and procedures include applications and contracts with possibly purchasing material for these works electricity utilities, clearances from other agencies Concluding any necessary supply contract and and the external and final connection works. The obtaining final supply ranking of economies on the ease of getting electricity is determined by sorting their distance to Time required to complete each procedure frontier scores for getting electricity. These scores are (calendar days) the simple average of the distance to frontier scores Is at least 1 calendar day for each of the component indicators. To make the data comparable across economies, several Each procedure starts on a separate day assumptions are used. Does not include time spent gathering The warehouse: information  Is owned by a local entrepreneur, located Reflects the time spent in practice, with little in the economy’s largest business city, in follow-up and no prior contact with officials an area where other warehouses are Cost required to complete each procedure located. For the 11 economies with a (% of income per capita) population of more than 100 million, data Official costs only, no bribes for a second city have been added. Excludes value added tax  Is not in a special economic zone where the connection would be eligible for subsidization or faster service.  Is to either the low-voltage or the medium- voltage distribution network and either  Is located in an area with no physical overhead or underground, whichever is more constraints (ie. property not near a railway). common in the area where the warehouse is  Is a new construction being connected to located. Included only negligible length in the electricity for the first time. customer’s private domain.  Is 2 stories, both above ground, with a total  Requires crossing of a 10-meter road but all surface of about 1,300.6 square meters the works are carried out in a public land, so (14,000 square feet), is built on a plot of there is no crossing into other people's 929 square meters (10,000 square feet), is private property. used for storage of refrigerated goods  Involves installing one electricity meter. The The electricity connection: monthly electricity consumption will be 26880 kilowatt hour (kWh). The internal  Is 150 meters long and is a 3-phase, 4-wire electrical wiring has been completed. Y, 140-kilovolt-ampere (kVA) (subscribed capacity) connection. Doing Business 2015 Guatemala 33 GETTING ELECTRICITY Where does the economy stand today? What does it take to obtain a new electricity connection Most indicator sets refer to a case scenario in the largest in Guatemala? According to data collected by Doing business city of an economy, except for 11 economies for Business, getting electricity there requires 4.0 procedures, which the data are a population-weighted average of the takes 39.0 days and costs 514.6% of income per capita 2 largest business cities. See the chapter on distance to (figure 4.1). frontier and ease of doing business ranking at the end of this profile for more details. Figure 4.1 What it takes to obtain an electricity connection in Guatemala - Note: Time shown in the figure above may not reflect simultaneity of procedures. For more information on the methodology of the getting electricity indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Guatemala 34 GETTING ELECTRICITY Globally, Guatemala stands at 18 in the ranking of 189 average ranking provide another perspective in assessing economies on the ease of getting electricity (figure 4.2). how easy it is for an entrepreneur in Guatemala to The rankings for comparator economies and the regional connect a warehouse to electricity. Figure 4.2 How Guatemala and comparator economies rank on the ease of getting electricity Source: Doing Business database. Doing Business 2015 Guatemala 35 GETTING ELECTRICITY What are the details? The indicators reported here for Guatemala 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 utility— Empresa Electrica de Name of utility: identified by Doing Business. Data are collected from the Guatemala, S.A distribution utility, then completed and verified by electricity regulatory agencies and independent City: Guatemala City professionals such as electrical engineers, electrical The procedures are those that apply to a warehouse and contractors and construction companies. The electricity electricity connection matching the standard distribution utility surveyed is the one serving the area assumptions used by Doing Business in collecting the (or areas) in which warehouses are located. If there is a data (see the section in this chapter on what the choice of distribution utilities, the one serving the largest indicators cover). The procedures, along with the number of customers is selected. associated time and cost, are summarized below. Table 4.2 Summary of time, cost and procedures for getting electricity in Guatemala - Time to No. Procedure Cost to complete complete The customer submits in person a request for electrical services with Empresa Eléctrica de Guatemala (EEGSA) and signs the supply contract the same day Since it is a company that requests the service, it is required to present a copy of a legal representation document, local identity card (ID) of the legal representative, proof of ownership of the property or lease contract, list of technical data of the load required and the guarantee deposit which is refunded when the customer no longer requires the service of power supply (according to the General Electricity Law). Legal Representation documents and the lease contracts require notarization. Only a day passes from presenting the application to the signing the contract (it can be done the same day if all the required documentation is presented). There is no cost for the customer, he should not expect to 1 prepare pay a fee. When it is a connection at less than 200m from EEGSA 8 calendar days GTQ 23,500 existing distribution lines no study and therefore extra cost is needed. There is no cost for the customer, therefore there is no need to submit a budget or pay a fee again. With the application for electricity the customer must send a guarantee deposit that is refunded when the customer no longer requires the service of power supply (according to the General Electricity Law). For loads above 100 kW, the deposit is not paid in cash but is covered by a bond issued by a guarantee agency in Guatemala. Agency: Empresa Eléctrica de Guatemala S.A. (EEGSA) Doing Business 2015 Guatemala 36 Time to No. Procedure Cost to complete complete * Empresa Eléctrica de Guatemala (EEGSA) carries out an external inspection EEGSA performs an external inspection. It is recommended that the electrician in charge of the internal installations is present to clarify technical details. The visit consist on reviewing EEGSA's installation and their interactions with the new user, there is no review of the user's 2 internal wiring installation. EEGSA is responsible for the service until the 1 calendar day GTQ 0 metering equipment; from there it's the customer's responsibility. The internal wiring installation can be done by any electrician hired by the customer. Agency: Empresa Eléctrica de Guatemala S.A. (EEGSA) The client hires a private company to construct the transformer post inside the client's property and to install the transformer For EEGSA to make the connection, it is needed that the civil works are completed. EEGSA is responsible until the measuring equipment and therefore does not supervise the construction of the laying of the cables, so the customer should contract the services of an independent engineer for this part of the works. 3 The boundary of the external connection work is the pole-mounted 30 calendar days USD 14,250 transformer which is provided by EEGSA. From there, the customer installs the pipe onto the post, the meter box, the underground wiring to the main board. Agency: Empresa privada * Empresa Eléctrica de Guatemala (EEGSA) carries out the external connection works, installs the meter and finalizes the connection When the civil works are completed, the internal wiring are ready and the contract is signed, EEGSA installs the meter, transformers and connects the internal wiring to the transformers. The physical installation is performed by the Distributor (EEGSA) although subcontractors do the job. The electricity distribution company has a sufficient stock of materials. The customer does not buy any materials for the external 30 calendar days GTQ 0 4 connection. The meter installation is simultaneous with the connection and the electricity begins to flow from the moment the connection is made. It is necessary to mount the transformer station, which involves installing a post and installing the metering equipment, all of this is paid by EEGSA. Agency: Empresa Eléctrica de Guatemala S.A. (EEGSA) * Takes place simultaneously with another procedure. Doing Business 2015 Guatemala 37 Source: Doing Business database. Doing Business 2015 Guatemala 38 REGISTERING PROPERTY Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY Effective administration of land is part of that. If INDICATORS MEASURE formal property transfer is too costly or complicated, formal titles might go informal again. And where property is informal or poorly Procedures to legally transfer title on administered, it has little chance of being accepted immovable property (number) as collateral for loans—limiting access to finance. Preregistration (for example, checking for liens, notarizing sales agreement, paying property What do the indicators cover? transfer taxes) Doing Business records the full sequence of Registration in the economy’s largest business procedures necessary for a business to purchase city 2 property from another business and transfer the property title to the buyer’s name. The transaction is Postregistration (for example, filing title with the municipality) considered complete when it is opposable to third parties and when the buyer can use the property, Time required to complete each procedure use it as collateral for a bank loan or resell it. The (calendar days) ranking of economies on the ease of registering Does not include time spent gathering property is determined by sorting their distance to information frontier scores for registering property. These scores are the simple average of the distance to frontier Each procedure starts on a separate day. scores for each of the component indicators. To Procedures that can be fully completed online are recorded as ½ day. make the data comparable across economies, several assumptions about the parties to the Procedure considered completed once final transaction, the property and the procedures are document is received used. No prior contact with officials The parties (buyer and seller): Cost required to complete each procedure  Are limited liability companies, 100% (% of property value) domestically and privately owned and Official costs only, no bribes perform general commercial activities. No value added or capital gains taxes included  Are located in the economy’s largest business city . 2  Is located in a periurban commercial zone, and no rezoning is required.  Have 50 employees each, all of whom are nationals.  Has no mortgages attached, has been under the same ownership for the past 10 years. The property (fully owned by the seller):  Consists of 557.4 square meters (6,000 square  Has a value of 50 times income per capita. feet) of land and a 10-year-old, 2-story The sale price equals the value. warehouse of 929 square meters (10,000  Is registered in the land registry or cada- square feet). The warehouse is in good stre, or both, and is free of title disputes. condition and complies with all safety standards, building codes and legal  Property will be transferred in its entirety. requirements. There is no heating system. 2 For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2015 Guatemala 39 REGISTERING PROPERTY Where does the economy stand today? What does it take to complete a property transfer in Most indicator sets refer to a case scenario in the largest Guatemala? According to data collected by Doing business city of an economy, except for 11 economies for Business, registering property there requires 6.0 which the data are a population-weighted average of the procedures, takes 24.0 days and costs 3.8% of the 2 largest business cities. See the chapter on distance to property value (figure 5.1). frontier and ease of doing business ranking at the end of this profile for more details. Figure 5.1 What it takes to register property in Guatemala - Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the registering property indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Guatemala 40 REGISTERING PROPERTY Globally, Guatemala stands at 65 in the ranking of 189 regional average ranking provide other useful economies on the ease of registering property (figure information for assessing how easy it is for an 5.2). The rankings for comparator economies and the entrepreneur in Guatemala to transfer property. Figure 5.2 How Guatemala and comparator economies rank on the ease of registering property Source: Doing Business database. Doing Business 2015 Guatemala 41 REGISTERING PROPERTY Economies worldwide have been making it easier for the time required substantially—enabling buyers to use entrepreneurs to register and transfer property—such as or mortgage their property earlier. What property by computerizing land registries, introducing time limits registration reforms has Doing Business recorded in for procedures and setting low fixed fees. Many have cut Guatemala (table 5.1)? Table 5.1 How has Guatemala made registering property easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Guatemala made registering property easier by centralizing DB2010 more procedures at the property registry, reorganizing operations and making greater use of electronic services. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Guatemala 42 REGISTERING PROPERTY What are the details? The indicators reported here are based on a set of STANDARD PROPERTY TRANSFER specific procedures—the steps that a buyer and seller must complete to transfer the property to the buyer’s name—identified by Doing Business through information collected from local property lawyers, Property value: GTQ 1,335,756 notaries and property registries. These procedures are those that apply to a transaction matching the City: Guatemala City standard assumptions used by Doing Business in collecting the data (see the section in this chapter on The procedures, along with the associated time and what the indicators cover). cost, are summarized below. Table 5.2 Summary of time, cost and procedures for registering property in Guatemala Time to No. Procedure Cost to complete complete Obtain a property certificate ("Certificacion del historial de la finca") and the cadastral value certificate ("Valor de matricula") The seller obtains a certificate at the Property Registry in which the buyer can verify that the property is free from mortgages and encumbrances, and to verify that the property is owned by the seller. In order to obtain the certificate the buyer needs to know the registry numbers where the property is registered. Usually this information is provided by the seller. It is usually the lawyer who verifies the books at the registry and obtains this information. This updated certificate of the property will be used later by the lawyer/notary to prepare the public deed. 3-4 days The seller must obtain the cadastral value of the property from DICABI (depending on QTG 50 (for first (Dirección de Catastro y Avalúo de Bienes Inmuebles). DICABI is a length of the real 10 pages, each 1 national institution containing information based on a “personal registry estate file or if it additional page type” on all the regional registries in the country. Pursuant to is digitalized, +QTG 5) + QTG amendments in Tax Law (Article 171 Decree 10-2012), authorized simultaneous 164 (legal fees) valuation of property and declaration of value of the real estate are with procedure 2) mandatory.This information is obtained at DICABI. DICABI cadastral display can also be obtained at http://dicabilinea.minfin.gob.gt/dicabi_enlinea// Both certificates can be requested at the Land registry. Notaries can request them by email and then pick them up. Agency: Property Registry (Registro General de la Propiedad de Guatemala) (www.rgp.org.gt) Doing Business 2015 Guatemala 43 Time to No. Procedure Cost to complete complete * Obtain the cadastral value from the Municipality of Guatemala A certificate of the cadastral value is requested from the Municipality of Guatemala and obtained on the same day. This certificate is necessary as the Stamp Duty will be determined based on the highest value between 1 day the sale price, the cadastral value from DICABI and the cadastral value (simultaneous No cost 2 from the Municipality. For taxation purposes, the sale price cannot be with procedure 1) smaller than the cadastral value of the property. Agency: Municipality of Guatemala Lawyer/notary prepares the sale agreement and notarizes it, along with the public deed The lawyer/notary (In Guatemala, the lawyer is also the notary public) prepares the sale agreement and notarizes it by preparing the public deed. There is a scale in the Notary Bill that regulates the fees, but nowadays since the market has driven prices for notary services down, one will likely pay between $800 and $1000 for such a transaction. The notary will be in charge of buying the state stamps for the Stamp Duty tax of 3% charged to second and subsequent sales of properties (this is assumed to be the case in the Doing Business scenario). For the first sale of a 3% of the property property a VAT payment of 12% of the property value is paid. Stamps are valeu for Stamp adhered to the Public Deed. Payments of registration fees (Q.160.00 plus Duty (2nd or Q 1.5 for each Q 1,000 of transaction value) are made to the notary, who subsequent will then pay the property registry. transfer) and 3 2 days between QTG The documentation requested by the notary shall include: 6500 - QTG 8200 (i) Updated Certificate of the property issued by the Property Registry for notary fees (Obtained in step 1) (ii) Photocopy of the ID of seller and buyer (passport or local ID). In case plus QTG 500 (tax the seller/buyer is a Company, a photocopy of the appointment in which stamps, copies, the Company gives sufficient faculties to proceed with the transfer of and others) property is necessary. In some cases, a Board of Director´s resolution may be required. (iii) Cadastral value obtained at DICABI (Obtained in procedure 1) (iv) Last receipt of payment of the property tax (Impuesto Único Sobre Inmuebles, IUSI) (v) Cadastral value obtained at the Municipality of Guatemala (Obtained in procedure 2) Agency: Lawyer / notary Doing Business 2015 Guatemala 44 Time to No. Procedure Cost to complete complete Public deed is delivered to the Property Registry for its recording The public deed is delivered to the Property Registry for its recording under the name of the buyer. It is also advisable to obtain a certificate at the Property Registry to verify that the change of ownership is properly recorded after registration is completed. The internal procedures conducted by the Property Registry are as follows: (1) All incoming cases are scanned and then assigned to the officials (operadores). Since 2005, an electronic system is fully implemented to randomly assign cases to the officials. QTG 160 + 0.15% (2) The official registers the property electronically; and issues the case of transaction 4 7 days file (expediente) value (registration (3) The Accounting Department verifies the payment of fees fees) (4) The Registrar or auxiliary registrars approve and sign the registration certificate. With Decree 42-2006, electronic signatures from auxiliary registrars are legally valid. Each one is assigned a unique number by which they can electronically sign, facilitating the registration process. (5) The Archives Department prints the title and prepares it for the user. Agency: Property Registry (Registro General de la Propiedad de Guatemala) (www.rgp.org.gt) Notify the Municipality of the transaction Once the transaction is concluded the notary notifies the Municipality of the change in ownership. Sometimes this information is not updated, so in order to register the transaction it is mandatory to update prior information. This step is important to update the cadastral value of the property for the purpose of tax collection. There is a small fine if this procedure is not 10 days 5 fulfilled, but it has no effect on the validity of the title obtained in the (simuntaneous no cost previous step. The notary needs to provide a copy of the title deed with procedure 6) together with the notice. She/he will follow up with the municipality until they receive a statement of the updated records showing the updated information regarding the ownership of the property. Agency: Municipality of Guatemala * Notify the National Cadastre and Valuation Agency (DICABI) of the transaction The National Cadastre and Valuation Agency (DICABI) must also be 10 days notified of the change of ownership. This notification is presented (simuntaneous no cost 6 simulteneously with the notification provided to the municipality. with procedure 5) Agency: National Cadastre and Valuation Agency (DICABI) Doing Business 2015 Guatemala 45 * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Guatemala 46 GETTING CREDIT Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS credit and improve its allocation: credit information MEASURE systems and borrowers and lenders in collateral and bankruptcy laws. Credit information systems enable Strength of legal rights index (0–12) 3 lenders’ rights to view a potential borrower’s financial history (positive or negative)—valuable information to Rights of borrowers and lenders through consider when assessing risk. And they permit collateral laws borrowers to establish a good credit history that will Protection of secured creditors’ rights through allow easier access to credit. Sound collateral laws bankruptcy laws enable businesses to use their assets, especially Depth of credit information index (0–8) 4 movable property, as security to generate capital— while strong creditors’ rights have been associated Scope and accessibility of credit information with higher ratios of private sector credit to GDP. distributed by credit bureaus and credit registries What do the indicators cover? Credit bureau coverage (% of adults) Doing Business assesses the sharing of credit information and the legal rights of borrowers and Number of individuals and firms listed in lenders with respect to secured transactions through largest credit bureau as percentage of adult 2 sets of indicators. The depth of credit information population index measures rules and practices affecting the Credit registry coverage (% of adults) coverage, scope and accessibility of credit Number of individuals and firms listed in information available through a credit registry or a credit registry as percentage of adult credit bureau. The strength of legal rights index population measures whether certain features that facilitate lending exist within the applicable collateral and bankruptcy laws. Doing Business uses two case scenarios, Case A and Case B, to determine the scope of the secured transactions system, involving a  Has up to 50 employees. secured borrower and a secured lender and  Is 100% domestically owned, as is the lender. examining legal restrictions on the use of movable collateral (for more details on each case, see the Data The ranking of economies on the ease of getting Notes section of the Doing Business 2015 report). credit is determined by sorting their distance to These scenarios assume that the borrower: frontier scores for getting credit. These scores are the distance to frontier score for the strength of legal  Is a private limited liability company. rights index and the depth of credit information  Has its headquarters and only base of index. operations in the largest business city. For the 11 economies with a population of more than 100 million, data for a second city have been added. 3 For the legal rights index, 2 new points are added in Doing Business 2015 for new data collected to assess the overall legal framework for secured transactions and the functioning of the collateral registry. 4 For the credit information index, 2 new points are added in Doing Business 2015 for new data collected on accessing borrowers’ credit information online and availability of credit scores. Doing Business 2015 Guatemala 47 GETTING CREDIT Where does the economy stand today? How well do the credit information system and collateral Globally, Guatemala stands at 12 in the ranking of 189 and bankruptcy laws in Guatemala facilitate access to economies on the ease of getting credit (figure 6.1). The credit? The economy has a score of 7 on the depth of rankings for comparator economies and the regional credit information index and a score of 9 on the strength average ranking provide other useful information for of legal rights index (see the summary of scoring at the assessing how well regulations and institutions in end of this chapter for details). Higher scores indicate Guatemala support lending and borrowing. more credit information and stronger legal rights for borrowers and lenders. Figure 6.1 How Guatemala and comparator economies rank on the ease of getting credit Source: Doing Business database. Doing Business 2015 Guatemala 48 GETTING CREDIT One way to put an economy’s score on the getting credit rights index for Guatemala and shows the scores for indicators into context is to see where the economy comparator economies as well as the regional average stands in the distribution of scores across economies. score. Figure 6.3 shows the same for the depth of credit Figure 6.2 highlights the score on the strength of legal information index. Figure 6.2 How strong are legal rights for borrowers Figure 6.3 How much credit information is shared — and lenders? and how widely? Economy scores on strength of legal rights index Economy scores on depth of credit information index Note: Higher scores indicate that collateral and bankruptcy Note: Higher scores indicate the availability of more credit laws are better designed to facilitate access to credit. information, from either a credit registry or a credit bureau, Source: Doing Business database. to facilitate lending decisions. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Source: Doing Business database. Doing Business 2015 Guatemala 49 GETTING CREDIT When economies strengthen the legal rights of lenders information, they can increase entrepreneurs’ access to and borrowers under collateral and bankruptcy laws, and credit. What credit reforms has Doing Business recorded increase the scope, coverage and accessibility of credit in Guatemala (table 6.1)? Table 6.1 How has Guatemala made getting credit easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Guatemala improved access to credit information by guaranteeing borrowers’ right to inspect their own data. Guatemala also strengthened its secured transactions system by DB2010 creating a new movable asset registry that covers all types of movable assets as well as creditors and debtors and is searchable by debtor name. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Guatemala 50 GETTING CREDIT What are the details? The getting credit indicators reported here for The data on the legal rights of borrowers and lenders are Guatemala are based on detailed information collected gathered through a survey of financial lawyers and in that economy. The data on credit information sharing verified through analysis of laws and regulations as well are collected through a survey of a credit registry and/or as public sources of information on collateral and credit bureau (if one exists). To construct the depth of bankruptcy laws. For the strength of legal rights index, a credit information index, a score of 1 is assigned for each score of 1 is assigned for each of 10 aspects related to of 8 features of the credit registry or credit bureau (see legal rights in collateral law and 2 aspects in bankruptcy summary of scoring below). law. Strength of legal rights index (0–12) Index score: 9 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and enforcement of functional equivalents to security interests in movable Yes assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of Yes movable assets, without requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of Yes its assets, without requiring a specific description of collateral? May a security right extend to future or after-acquired assets, and may it extend automatically No 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 Yes include a maximum amount for which the assets are encumbered? Is a collateral registry in operation for both incorporated and non-incorporated entities, that is unified geographically and by asset type, with an electronic database indexed by debtor's Yes name? Does a notice-based collateral registry exist in which all functional equivalents can be Yes registered? Does a modern collateral registry exist in which registrations, amendments, cancellations and No searches can be performed online by any interested third party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor Yes defaults outside an insolvency procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is Yes liquidated? Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization procedure? Does the law protect secured creditors’ rights by No providing clear grounds for relief from the stay and/or sets a time limit for it? Doing Business 2015 Guatemala 51 Strength of legal rights index (0–12) Index score: 9 Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow the secured creditor to sell the collateral through Yes public auction and private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Depth of credit information index (0–8) Credit bureau Credit registry Index score: 7 Are data on both firms and individuals distributed? Yes Yes 1 Are both positive and negative credit data distributed? Yes Yes 1 Are data from retailers or utility companies - in addition to data from banks and financial institutions - Yes No 1 distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries that distribute more than 10 years of negative data or erase data on Yes Yes 1 defaults as soon as they are repaid obtain a score of 0 for this component.) Are data on loan amounts below 1% of income per Yes Yes 1 capita distributed? By law, do borrowers have the right to access their No Yes 1 data in the credit bureau or credit registry? Can banks and financial institutions access borrowers’ credit information online (for example, through an Yes Yes 1 online platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value- added service to help banks and financial institutions No No 0 assess the creditworthiness of borrowers? Note: Prior to Doing Business 2015, the depth of credit information index covered only the first 6 features listed above. An economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Credit bureau Credit registry Coverage (% of adults) (% of adults) Number of firms 18,700 11,477 Number of individuals 719,028 1,618,596 Percent of total 8.7 19.2 Doing Business 2015 Guatemala 52 Source: Doing Business database. Doing Business 2015 Guatemala 53 PROTECTING MINORITY INVESTORS Protecting minority investors matters for the ability of companies to raise the capital they need to grow, WHAT THE PROTECTING MINORITY innovate, diversify and compete. Effective regulations INVESTORS INDICATORS MEASURE define related-party transactions precisely, promote clear and efficient disclosure requirements, require shareholder participation in major decisions of the Extent of disclosure index (0–10) company and set detailed standards of accountability Review and approval requirements for related-party for company insiders. transactions ; Disclosure requirements for related-party transactions What do the indicators cover? Doing Business measures the protection of minority Extent of director liability index (0–10) investors from conflicts of interest through one set of Ability of minority shareholders to sue and hold interested indicators and shareholders’ rights in corporate directors liable for prejudicial related-party transactions; governance through another. The ranking of economies Available legal remedies (damages, disgorgement of on the strength of minority investor protections is profits, fines, imprisonment, rescission of the transaction) determined by sorting their distance to frontier scores Ease of shareholder suits index (0–10) for protecting minority investors. These scores are the Access to internal corporate documents; Evidence simple average of the distance to frontier scores for the obtainable during trial and allocation of legal expenses extent of conflict of interest regulation index and the extent of shareholder governance index. To make the Extent of conflict of interest regulation index data comparable across economies, a case study uses (0–10) several assumptions about the business and the Sum of the extent of disclosure, extent of director liability transaction. and ease of shareholder indices, divided by 3 The business (Buyer): Extent of shareholder rights index (0-10.5)  Is a publicly traded corporation listed on the Shareholders’ rights and role in major corporate decisions economy’s most important stock exchange (or at least a large private company with Strength of governance structure index (0- multiple shareholders). 10.5) Governance safeguards protecting shareholders from  Has a board of directors and a chief executive undue board control and entrenchment officer (CEO) who may legally act on behalf of Buyer where permitted, even if this is not Extent of corporate transparency index (0-9) specifically required by law. Corporate transparency on ownership stakes, The transaction involves the following details: compensation, audits and financial prospects  Mr. James, a director and the majority Extent of shareholder governance index shareholder of the company, proposes that (0–10) the company purchase used trucks from Sum of the extent of shareholders rights, strength of another company he owns. governance structure and extent of corporate transparency indices, divided by 3  The price is higher than the going price for used trucks, but the transaction goes forward. Strength of investor protection index (0–10)  All required approvals are obtained, and all Simple average of the extent of conflict of interest required disclosures made, though the regulation and extent of shareholder governance indices transaction is prejudicial to Buyer.  Shareholders sue the interested parties and the members of the board of directors. Doing Business 2015 Guatemala 54 PROTECTING MINORITY INVESTORS Where does the economy stand today? How strong are minority investor protections against protection index (figure 7.1). While the indicator does self-dealing in Guatemala? The economy has a score of not measure all aspects related to the protection of 3.2 on the strength of minority investor protection index, minority investors, a higher ranking does indicate that an with a higher score indicating stronger protections. economy’s regulations offer stronger minority investor protections against self-dealing in the areas measured. Globally, Guatemala stands at 174 in the ranking of 189 economies on the strength of minority investor Figure 7.1 How Guatemala and comparator economies perform on the strength of minority investor protection index Source: Doing Business database. Doing Business 2015 Guatemala 55 PROTECTING MINORITY INVESTORS One way to put an economy’s scores on the protecting indices for Guatemala in 2014. A summary of scoring for minority investors indicators into context is to see where the protecting minority investors indicators at the end of the economy stands in the distribution of scores across this chapter provides details on how the indices were comparator economies. Figures 7.2 through 7.7 highlight calculated. the scores on the various minority investor protection Figure 7.2 How extensive are disclosure Figure 7.3 How extensive is the liability regime for directors? requirements? Extent of director liability index (0-10) Extent of disclosure index (0-10) Note: Higher scores indicate greater liability of directors. Note: Higher scores indicate greater disclosure. Source: Doing Business database. Source: Doing Business database. Doing Business 2015 Guatemala 56 PROTECTING MINORITY INVESTORS Figure 7.4 How easy is accessing internal corporate documents? Ease of shareholder suits index (0-10) Note: Higher scores indicate greater minority shareholder access to evidence before and during trial. Source: Doing Business database. Doing Business 2015 Guatemala 57 PROTECTING MINORITY INVESTORS Figure 7.5 How extensive are shareholder rights? Extent of shareholder rights index (0-10.5) Note: The higher the score, the stronger the protections. Source: Doing Business database. Figure 7.6 How strong is the governance structure? Strength of governance structure index (0-10.5) Note: Higher scores indicate more stringent governance structure requirements. Source: Doing Business database. Doing Business 2015 Guatemala 58 Figure 7.7 How extensive is corporate transparency? Extent of corporate transparency index (0-9) Note: Higher scores indicate greater transparency. Source: Doing Business database. Doing Business 2015 Guatemala 59 PROTECTING MINORITY INVESTORS What are the details? The protecting minority investors indicators reported to disclosure, director liability, shareholder suits, here for Guatemala are based on detailed information shareholder rights, governance structure and corporate collected through a survey of corporate and securities transparency in a standard case study (for more details, lawyers about securities regulations, company laws and see the Data Notes section of the Doing Business 2015 court rules of evidence and procedure. To construct the report). The summary below shows the details underlying six indicators on minority investor protection, scores are the scores for Guatemala. assigned to each based on a range of conditions relating Table 7.2 Summary of scoring for the protecting minority investors indicators in Guatemala Answer Score Extent of disclosure index (0-10) 3.0 Which corporate body can provide legally sufficient Board of directors excluding 2 approval for the Buyer-Seller transaction? (0-3) interested members Is disclosure by the interested director to the board of Existence of a conflict without any 1 directors required? (0-2) specifics Is disclosure of the transaction in published periodic filings No disclosure obligation 0 (annual reports) required? (0-2) Is immediate disclosure of the transaction to the public No disclosure obligation 0 and/or shareholders required? (0-2) Must an external body review the terms of the transaction No 0 before it takes place? (0-1) Extent of director liability index (0-10) 2.0 Can shareholders sue directly or derivatively for the damage caused by the Buyer-Seller transaction to the company? (0- Yes 1 1) Can shareholders hold the interested director liable for the Not liable 0 damage caused by the transaction to the company? (0-2) Can shareholders hold members of the approving body liable for the damage cause by the transaction to the Liable if negligent 1 company? (0-2) Must the interested director pay damages for the harm caused to the company upon a successful claim by a No 0 shareholder plaintiff? (0-1) Must the interested director repay profits made from the transaction upon a successful claim by a shareholder No 0 plaintiff? (0-1) Can both fines and imprisonment be applied against the No 0 interested indrector? (0-1) Can a court void the transaction upon a successful claim by Only in case of fraud or bad faith 0 a shareholder plaintiff? (0-2) Ease of shareholder suits index (0-10) 5.0 Before filing suit, can shareholders owning 10% of the company’s share capital inspect the transaction documents? No 0 (0-1) Can the plaintiff obtain any documents from the defendant No 3 Doing Business 2015 Guatemala 60 and witnesses during trial? (0-3) Can the plaintiff request categories of documents from the No 0 defendant without identifying specific ones? (0-1) Can the plaintiff directly question the defendant and No 1 witnesses during trial? (0-2) Is the level of proof required for civil suits lower than that of No 0 criminal cases? (0-1) Can shareholder plaintiffs recover their legal expenses from Yes if successful 1 the company? (0-2) Strength of minority investor protection index (0-10) 3.2 Extent of conflict of interest regulation index (0-10) 3.3 Extent of shareholder rights index (0-10.5) 7.5 Can shareholders amend company bylaws or statutes with a Yes 1.5 simple majority? Can shareholders owning 10% of the company's share No 0 capital call for an extraordinary meeting of shareholders? Can shareholders remove members of the board of Yes 1.5 directors before the end of their term. Must a company obtain its shareholders’ approval every Yes 1.5 time it issues new shares? Are shareholders automatically granted subscription rights Yes 1.5 on new shares? Must shareholders approve the election and dismissal of the Yes 1.5 external auditor? Can shareholders freely trade shares prior to a major No 0 corporate action or meeting of shareholders? Strength of governance structure index (0-10.5) 0.0 Is the CEO barred from also serving as chair of the board of Yes 1.5 directors? Must the board of directors include independent board No 0 members? Must a company have a separate audit committee? No 0 Must changes to the voting rights of a series or class of shares be approved only by the holders of the affected No 0 shares? Must a potential acquirer make a tender offer to all No 0 shareholders upon acquiring 50% of a company? Is cross-shareholding between 2 independent companies No 0 limited to 10% of outstanding shares? Is a subsidiary barred from acquiring shares issued by its Yes 1.5 parent company? Extent of corporate transparency index (0-9) 1.5 Must ownership stakes representing 10% be disclosed? No 0 Must information about board members’ other directorships as well as basic information on their primary employment No 0 be disclosed? Must the compensation of individual managers be No 0 disclosed? Must financial statements contain explanatory notes on significant accounting policies, trends, risks, uncertainties Yes 1.5 and other factors influencing the reporting? Must annual financial statements be audited by an external No 0 Doing Business 2015 Guatemala 61 auditor? Must audit reports be disclosed to the public? No 0 Extent of shareholder governance index (0-10) 3.0 Source: Doing Business database. PAYING TAXES Taxes are essential. The level of tax rates needs to be carefully chosen—and needless complexity in tax WHAT THE PAYING TAXES INDICATORS rules avoided. Firms in economies that rank better MEASURE on the ease of paying taxes in the Doing Business study tend to perceive both tax rates and tax Tax payments for a manufacturing company administration as less of an obstacle to business in 2013 (number per year adjusted for according to the World Bank Enterprise Survey electronic and joint filing and payment) research. Total number of taxes and contributions paid, What do the indicators cover? including consumption taxes (value added tax, sales tax or goods and service tax) Using a case scenario, Doing Business measures the taxes and mandatory contributions that a medium- Method and frequency of filing and payment size company must pay in a given year as well as the Time required to comply with 3 major taxes administrative burden of paying taxes and (hours per year) contributions. This case scenario uses a set of financial statements and assumptions about Collecting information and computing the tax payable transactions made over the year. Information is also compiled on the frequency of filing and payments as Completing tax return forms, filing with well as time taken to comply with tax laws. The proper agencies ranking of economies on the ease of paying taxes is Arranging payment or withholding determined by sorting their distance to frontier scores on the ease of paying taxes. These scores are Preparing separate tax accounting books, if required the simple average of the distance to frontier scores for each of the component indicators, with a Total tax rate (% of profit before all taxes) threshold and a nonlinear transformation applied to Profit or corporate income tax one of the component indicators, the total tax rate . 5 The financial statement variables have been updated Social contributions and labor taxes paid by to be proportional to 2012 income per capita; the employer previously they were proportional to 2005 income Property and property transfer taxes per capita. To make the data comparable across Dividend, capital gains and financial economies, several assumptions are used. transactions taxes  TaxpayerCo is a medium-size business that Waste collection, vehicle, road and other taxes started operations on January 1, 2012.  Taxes and mandatory contributions include  The business starts from the same financial corporate income tax, turnover tax and all position in each economy. All the taxes labor taxes and contributions paidof by the 5 The nonlinear distance to frontier for the total tax rate is equal to the distance to frontier for the total tax rate to the power 0.8. The threshold is defined as and mandatory the total contributions tax rate at the 15th percentilepaid during of the company. overall distribution for all years included in the analysis. It is calculated and adjusted on a the yearly basis. second The thresholdyear of is not operation based are recorded. on any economic theory of an “optimal tax rate” that minimizes distortions or maximizes efficiency in the tax system of an economy overall. Instead, it is mainly empirical in nature, set  range Alower at the end ofstandard of deductions the distribution and of tax rates levied on medium-size  Taxes and mandatory contributions are exemptions enterprises in the manufacturing sector as observed through the paying taxes indicators. are also This reduces recorded. the bias in the indicators toward economies that do not need to levyat measured all levels significant government. ofon taxes companies like the Doing Business standardized case study company because they raise public revenue in other ways—for example, through taxes on foreign companies, through taxes on sectors other than manufacturing or from natural resources (all of which are outside the scope of the methodology). This year’s threshold is 26.1%. Doing Business 2015 Guatemala 62 PAYING TAXES Where does the economy stand today? What is the administrative burden of complying with 2 largest business cities. See the chapter on distance to taxes in Guatemala—and how much do firms pay in frontier and ease of doing business ranking at the end of taxes? On average, firms make 8.0 tax payments a year, this profile for more details. spend 256.0 hours a year filing, preparing and paying Globally, Guatemala stands at 54 in the ranking of 189 taxes and pay total taxes amounting to 39.9% of profit economies on the ease of paying taxes (figure 8.1). The (see the summary at the end of this chapter for details). rankings for comparator economies and the regional Most indicator sets refer to a case scenario in the largest average ranking provide other useful information for business city of an economy, except for 11 economies for assessing the tax compliance burden for businesses in which the data are a population-weighted average of the Guatemala. Figure 8.1 How Guatemala and comparator economies rank on the ease of paying taxes Source: Doing Business database. Doing Business 2015 Guatemala 63 PAYING TAXES Economies around the world have made paying taxes concrete results. Some economies simplifying tax faster and easier for businesses—such as by payment and reducing rates have seen tax revenue rise. consolidating filings, reducing the frequency of What tax reforms has Doing Business recorded in payments or offering electronic filing and payment. Guatemala (table 8.1)? Many have lowered tax rates. Changes have brought Table 8.1 How has Guatemala made paying taxes easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Guatemala made paying taxes easier for companies by expanding the category of businesses for which electronic filing DB2010 and payment of value added and corporate income tax is mandatory and by extending the electronic system to most banks. Guatemala made paying taxes easier for companies by DB2014 introducing a new electronic filing and payment system. Guatemala made paying taxes easier and less costly for companies by enhancing the electronic system for filing and paying corporate income tax and VAT and by reducing the DB2015 capital gains and corporate income tax rates. On the other hand, it also made paying taxes more complicated by introducing a new form for capital gains tax. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Guatemala 64 PAYING TAXES What are the details? The indicators reported here for Guatemala are based LOCATION OF STANDARDIZED COMPANY on the taxes and contributions that would be paid by a standardized case study company used by Doing Business in collecting the data (see the section in this City: Guatemala City chapter on what the indicators cover). Tax practitioners are asked to review a set of financial statements as well as a standardized list of assumptions and transactions that the company The taxes and contributions paid are listed in the completed during its 2nd year of operation. summary below, along with the associated number of Respondents are asked how much taxes and payments, time and tax rate. mandatory contributions the business must pay and how these taxes are filed and paid. Table 8.2 Summary of tax rates and administration Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate taxable profits or Corporate income tax 1 online filing 31 31% or 5% 24.4 gross income net asset included in Solidarity tax (ISO) 1 online filing 0 1% or gross 17.7 other taxes income Employer paid - Social gross 1 online filing 126 12.67% 14.3 security contributions salaries capital Capital Gains Tax 1 0 10% 0.5 gains property Property tax 1 online filing 0 0.9% 0.5 value interest Tax on interest 1 0 10% 0.3 income advertising Advertising tax 1 0 0.5% 0 expenses Employee paid - Social gross 0 paid jointly 0 4.83% 0 withheld security contributions salaries Doing Business 2015 Guatemala 65 Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate value not Value added tax (VAT) 1 online filing 99 12% added and 0 included land sale Totals 8.0 256.0 39.9 Source: Doing Business database. Doing Business 2015 Guatemala 66 TRADING ACROSS BORDERS In today’s globalized world, making trade between WHAT THE TRADING ACROSS BORDERS economies easier is increasingly important for INDICATORS MEASURE business. Excessive document requirements, burdensome customs procedures, inefficient port operations and inadequate infrastructure all lead to Documents required to export and import extra costs and delays for exporters and importers, (number) stifling trade potential. Research shows that Bank documents exporters in developing countries gain more from a Customs clearance documents 10% drop in their trading costs than from a similar reduction in the tariffs applied to their products in Port and terminal handling documents global markets. Transport documents What do the indicators cover? Time required to export and import (days) Doing Business measures the time and cost Obtaining, filling out and submitting all the (excluding tariffs and the time and cost for sea documents transport) associated with exporting and importing a Inland transport and handling standard shipment of goods by sea transport, and the number of documents necessary to complete the Customs clearance and inspections transaction. The indicators cover predefined stages Port and terminal handling such as documentation requirements and procedures Does not include sea transport time at customs and other regulatory agencies as well as at the port. They also cover trade logistics, including Cost required to export and import (US$ per the time and cost of inland transport to the largest container) business city. The ranking of economies on the ease All documentation of trading across borders is determined by sorting their distance to frontier scores for trading across Inland transport and handling borders. These scores are the simple average of the Customs clearance and inspections distance to frontier scores for each of the component Port and terminal handling indicators. To make the data comparable across economies, Doing Business uses several assumptions Official costs only, no bribes about the business and the traded goods. The business:  Is located in the economy’s largest The traded product: business city. For the 11 economies with a population of more than 100 million, data  Is not hazardous nor includes military items. for a second city have been added.  Does not require refrigeration or any other  Is a private, limited liability company, special environment. domestically owned and does not operate  Do not require any special phytosanitary or with special export or import privileges. environmental safety standards other than  Conducts export and import activities, but accepted international standards. does not have any special accreditation  Is one of the economy’s leading export or such as an authorized economic operator import products. status.  Is transported in a dry-cargo, 20-foot full container load. Doing Business 2015 Guatemala 67 TRADING ACROSS BORDERS Where does the economy stand today? What does it take to export or import in Guatemala? population-weighted average of the 2 largest business According to data collected by Doing Business, exporting cities. See the chapter on distance to frontier and ease of a standard container of goods requires 8 documents, doing business ranking at the end of this profile for more takes 17.0 days and costs $1355.0. Importing the same details. container of goods requires 6 documents, takes 16.0 Globally, Guatemala stands at 102 in the ranking of 189 days and costs $1445.0 (see the summary of four economies on the ease of trading across borders (figure predefined stages and documents at the end of this 9.1). The rankings for comparator economies and the chapter for details). Most indicator sets refer to a case regional average ranking provide other useful scenario in the largest business city of an economy, information for assessing how easy it is for a business in except for 11 economies for which the data are a Guatemala to export and import goods. Figure 9.1 How Guatemala and comparator economies rank on the ease of trading across borders Source: Doing Business database. Doing Business 2015 Guatemala 68 TRADING ACROSS BORDERS What are the details? The indicators reported here for Guatemala are based LOCATION OF STANDARDIZED COMPANY on a set of specific predefined stages for trading a standard shipment of goods by ocean transport (see the section in this chapter on what the indicators Port Name: Santo Tomas de Castilla cover). Information on the required documents and the time and cost to complete export and import is City: Guatemala City collected from local freight forwarders, shipping lines, The predefined stages, and the associated time and cost, customs brokers, port officials and banks. for exporting and importing a standard shipment of goods are listed in the summary below, along with the required documents. Table 9.2 Summary of predefined stages and documents for trading across borders in Guatemala Stages to export Time (days) Cost (US$) Customs clearance and inspections 2 175 Documents preparation 10 225 Inland transportation and handling 3 750 Ports and terminal handling 2 205 Totals 17 1,355 Stages to import Time (days) Cost (US$) Customs clearance and inspections 2 200 Documents preparation 9 290 Inland transportation and handling 2 750 Ports and terminal handling 3 205 Totals 16 1,445 Doing Business 2015 Guatemala 69 Documents to export Bill of lading Commercial invoice Customs export declaration Export license Inspection report Packing list Technical standard/health certificate Terminal handling receipts (carta de porte) Documents to import Bill of lading Commercial invoice Customs import declaration Packing list Technical standard/health certificate Terminal handling receipts Source: Doing Business database. Doing Business 2015 Guatemala 70 ENFORCING CONTRACTS Effective commercial dispute resolution has many WHAT THE ENFORCING CONTRACTS benefits. Courts are essential for entrepreneurs INDICATORS MEASURE because they interpret the rules of the market and protect economic rights. Efficient and transparent courts encourage new business relationships because Procedures to enforce a contract through businesses know they can rely on the courts if a new the courts (number) customer fails to pay. Speedy trials are essential for Steps to file and serve the case small enterprises, which may lack the resources to Steps for trial and judgment stay in business while awaiting the outcome of a long court dispute. Steps to enforce the judgment What do the indicators cover? Time required to complete procedures (calendar days) Doing Business measures the efficiency of the judicial system in resolving a commercial dispute before Time to file and serve the case local courts. Following the step-by-step evolution of Time for trial and obtaining judgment a standardized case study, it collects data relating to Time to enforce the judgment the time, cost and procedural complexity of resolving a commercial lawsuit. The ranking on the ease of Cost required to complete procedures (% of enforcing contracts is the simple average of the claim) percentile rankings on its component indicators: Average attorney fees procedures, time and cost. Court costs The dispute in the case study involves the breach of a sales contract between 2 domestic businesses. The Enforcement costs case study assumes that the court hears an expert on the quality of the goods in dispute. This distinguishes the case from simple debt enforcement. To make the data comparable across economies, Doing Business uses several assumptions about the case:  The seller and buyer are located in the economy’s largest business city. For the 11 economies with a population of more than  The seller requests a pretrial attachment to 100 million, data for a second city have secure the claim. been added.  The dispute on the quality of the goods  The buyer orders custom-made goods, requires an expert opinion. then fails to pay.  The judge decides in favor of the seller; there  The seller sues the buyer before a is no appeal. competent court.  The seller enforces the judgment through a  The value of the claim is 200% of the public sale of the buyer’s movable assets. income per capita or the equivalent in local currency of USD 5,000, whichever is greater. Doing Business 2015 Guatemala 71 ENFORCING CONTRACTS Where does the economy stand today? How efficient is the process of resolving a commercial business cities. See the chapter on distance to frontier dispute through the courts in Guatemala? According to and ease of doing business ranking at the end of this data collected by Doing Business, contract enforcement profile for more details. takes 1402.0 days, costs 26.5% of the value of the claim Globally, Guatemala stands at 143 in the ranking of 189 and requires 31.0 procedures (see the summary at the economies on the ease of enforcing contracts (figure end of this chapter for details). Most indicator sets refer 10.1). The rankings for comparator economies and the to a case scenario in the largest business city of an regional average ranking provide other useful economy, except for 11 economies for which the data benchmarks for assessing the efficiency of contract are a population-weighted average of the 2 largest enforcement in Guatemala. Figure 10.1 How Guatemala and comparator economies rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2015 Guatemala 72 ENFORCING CONTRACTS What are the details? The indicators reported here for Guatemala are COURT NAME based on a set of specific procedural steps required to resolve a standardized commercial dispute through the courts (see the section in this chapter on Claim value: GTQ 51,065 what the indicators cover). These procedures, and the time and cost of completing them, are identified Guatemala City Court of through study of the codes of civil procedure and Court name: First Instance other court regulations, as well as through questionnaires completed by local litigation lawyers City: Guatemala City (and, in a quarter of the economies covered by Doing Business, by judges as well). Table 10.2 Summary of time, cost and procedures for enforcing a contract in Guatemala Latin America & Indicator Guatemala Caribbean average Time (days) 1,402 737 Filing and service 66 Trial and judgment 796 Enforcement of judgment 540 Cost (% of claim) 26.5 30.6 Attorney cost (% of claim) 15.0 Court cost (% of claim) 6.5 Enforcement Cost (% of claim) 5.0 Procedures (number) 31 40 Number of procedures (without bonus points) 31 Total number of procedures (including bonus points) 31 Doing Business 2015 Guatemala 73 No. Procedures Filing and service: A third person formally notifies Defendant: A third person formally notifies Defendant. A person other 1 than the Plaintiff or his lawyer, such as a notary public, formally notifies Defendant of Plaintiff’s request for payment. 2 Plaintiff hires a lawyer: Plaintiff hires a lawyer. Plaintiff files a summons and complaint: Plaintiff files a summons and complaint with the court (orally or * in writing). Registration of court case: Registration of court case by the court administration (this can include 3 assigning a reference number to the case). Assignment of court case to a judge: Assignment of court case to a judge (through a random procedure, * automated system, ruling of an administrative judge, court officer, etc). Judicial scrutiny of summons and complaint: Judge examines Plaintiff's summons and complaint for 4 formal requirements as a matter of law or standard practice. Judge admits summons and complaint: Judge admits summons and complaint (after verifying the formal * requirements). Delivery of summons and complaint to person authorized to perform service of process on Defendant: 5 The judge or a court officer delivers the summons to a summoning office, officer, or authorized person (including Plaintiff), for service of process on Defendant. Attempt at physical delivery: An attempt to physically deliver summons and complaint to Defendant is 6 made. Application for pre-judgment attachment: Plaintiff submits an application in writing for the attachment of * Defendant's property prior to judgment. Decision on pre-judgment attachment: Judge decides whether to grant Plaintiff’s request for pre- * judgment attachment of Defendant’s property and notifies Plaintiff and Defendant of the decision . Pre-judgment attachment order: Defendant's property is attached prior to judgment. Attachment order 7 either involves physical attachment, or is achieved by freezing, registering, marking, or otherwise separating and restricting Defendant’s movement of specific moveable assets. Custody of assets attached prior to judgment: If physical attachment is ordered, Defendant's attached 8 assets are placed in the custody or control of an enforcement officer or private bailiff. Trial and judgment: Defendant files preliminary objections.: Defendant presents preliminary objections to the court. * (Preliminary exemptions differ from answers on the merits. Examples of preliminary motions are motions to dismiss on the basis of the statute of limitations or jurisdictional objections, etc.) Checke Plaintiff’s answer to preliminary motions: Plaintiff responds to preliminary motions raised by Defendant. * Checked as ‘yes’ if preliminary motions are commonly raised (step 30) and if Plaintiff responds to them immediately. Doing Business 2015 Guatemala 74 No. Procedures Judge’s resolution on preliminary objections: Judge decides on preliminary objections separately from the 9 merits of the case. Checked as ‘yes’ if preliminary objections are commonly made (step 30) and if judge resolves the question before rendering his decision. Defendant files an answer to Plaintiff’s claim: Defendant files a written pleading which includes his answer 10 or defense on the merits of the case (see assumption 4). Plaintiff’s written reply to Defendant's answer: Plaintiff responds to Defendant’s answer with a written 11 pleading, which may or may not include witness statements or expert (witness) statements. Court appointment of independent expert: Judge appoints, either at the parties' request or at his own * initiative, an independent expert to decide whether the quality of the goods Plaintiff delivered to Defendant is adequate. (see assumption 5-b). Notification of court-appointment of independent expert: The court notifies both parties that the court is 12 appointing an independent expert (see assumption 5-b). Delivery of expert report by court-appointed expert: The independent expert, appointed by the court, * delivers his or her expert report to the court (see assumption 5-b). * List of (expert) witnesses: The parties file a list of (expert) witnesses with the court (see assumption 5-a). Summoning of (expert) witnesses: The court summons (expert) witnesses to appear in court for the oral 13 hearing or trial (see assumption 5-a). Oral hearing (prevalent in civil law): The parties argue the merits of the case at an oral hearing before the 14 judge. Witnesses and a court-appointed independent expert may be heard and questioned at the oral hearing. 15 Notification of judgment in court: The parties are notified of the judgment at a court hearing. 16 Writing of judgment: The judge produces a written copy of the judgment. Registration of judgment: The court office registers the judgment after receiving a written copy of the 17 judgment. Plaintiff receives a copy of the judgment: Plaintiff receives a copy of the written judgment which is 100% 18 in favor of Plaintiff (see assumption 6). Defendant is formally notified of the judgment: Plaintiff or court formally notifies the Defendant of the 19 judgment. The appeal period starts to run from the day the Defendant is formally notified of the judgment. Appeal period: By law Defendant has the opportunity to appeal the judgment during a specified period. 20 Defendant decides not to appeal. Seller decides to start enforcing the judgment when the appeal period ends (see assumption 8). Order for reimbursement by Defendant of Plaintiff's court fees: The judgment orders Defendant to 21 reimburse Plaintiff for the court fees Plaintiff has advanced, because Defendant has lost the case. Enforcement of judgment: Plaintiff hires a lawyer: Plaintiff hires a lawyer to enforce the judgment or continues to be represented by * a lawyer during the enforcement of judgment phase. Doing Business 2015 Guatemala 75 No. Procedures Plaintiff requests an enforcement order: Plaintiff applies to the court to obtain the enforcement order * ('seal' on judgment). 22 Plaintiff advances enforcement fees: Plaintiff pays the fees related to the enforcement of the judgment. Delivery of enforcement order: The court's enforcement order is delivered to a court enforcement officer * or a private bailiff. Plaintiff’s request for physical enforcement: As Plaintiff commonly fears that Defendant might physically * resist the taking into custody of its previously attached movable assets, Plaintiff requests the judge or the police authorities to obtain police assistance during the physical enforcement of the Judge's order for physical enforcement: Judge orders the police to assist with the physical enforcement of 23 the attachment of Defendant's movable assets. Check as “yes” only if the pretrial order of attachment for Defendant’s moveable assets does not ordinarily involve physical seizure of the as Request to Defendant to comply voluntarily with judgment: Plaintiff, a court enforcement officer or a 24 private bailiff requests Defendant to voluntarily comply with the judgment. 25 Plaintiff identifies Defendant's assets for attachment: Plaintiff identifies Defendant's assets for attachment. Attachment: Defendant’s movable goods are attached (physically or by registering , marking or separating 26 assets). Valuation or appraisal of attached movable goods: The court or court-appointed valuation expert 27 evaluates the attached goods. Call for public auction: Judge calls a public auction by, for example, advertising or publication in the 28 newspapers. 29 Sale through public auction: The Defendant’s movable property is sold at public auction. Distribution of proceeds: The proceeds of the public auction are distributed to Plaintiff (and, where 30 applicable, to other creditors, according to the rules of priority). 31 Payment: Court orders that the proceeds of the public auction or the direct sale be delivered to Plaintiff. * Not counted in the total number of procedures. Source: Doing Business database. Doing Business 2015 Guatemala 76 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient INDICATORS MEASURE companies and reallocating the resources of inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of businesses Time required to recover debt (years) to normal operation and increase returns to Measured in calendar years creditors. By improving the expectations of creditors Appeals and requests for extension are and debtors about the outcome of insolvency included proceedings, well-functioning insolvency systems can facilitate access to finance, save more viable Cost required to recover debt (% of debtor’s businesses and thereby improve growth and estate) sustainability in the economy overall. Measured as percentage of estate value What do the indicators cover? Court fees Doing Business studies the time, cost and outcome of Fees of insolvency administrators insolvency proceedings involving domestic legal Lawyers’ fees entities. These variables are used to calculate the recovery rate, which is recorded as cents on the Assessors’ and auctioneers’ fees dollar recouped by secured creditors through Other related fees reorganization, liquidation or debt enforcement (foreclosure) proceedings. To determine the present Outcome value of the amount recovered by creditors, Doing Whether business continues operating as a Business uses the lending rates from the International going concern or business assets are sold Monetary Fund, supplemented with data from piecemeal central banks and the Economist Intelligence Unit. Recovery rate for creditors In addition, Doing Business evaluates the adequacy Measures the cents on the dollar recovered and integrity of the existing legal framework by secured creditors applicable to liquidation and reorganization proceedings through the strength of insolvency Outcome for the business (survival or not) determines the maximum value that can be framework index. The index tests whether economies recovered adopted internationally accepted good practices in four areas: commencement of proceedings, Official costs of the insolvency proceedings management of debtor’s assets, reorganization are deducted proceedings and creditor participation. Depreciation of furniture is taken into The ranking of the Resolving Insolvency indicator is account based on the recovery rate and the total score of the Present value of debt recovered strength of insolvency framework index. The Strength of insolvency framework index (0- Resolving Insolvency indicator does not measure 16) insolvency proceedings of individuals and financial institutions. The data are derived from survey Sum of the scores of four component indices: responses by local insolvency practitioners and Commencement of proceedings index (0-3) verified through a study of laws and regulations as well as public information on bankruptcy systems. Management of debtor’s assets index (0-6) Reorganization proceedings index (0-3) Creditor participation index (0-4) Doing Business 2015 Guatemala 77 RESOLVING INSOLVENCY Where does the economy stand today? Combination of quality regulations and efficient practice According to data collected by Doing Business, characterize the top-performing economies. How Guatemala scores 2.0 out of 3 points on the efficient are insolvency proceedings in Guatemala? commencement of proceedings index, 0.0 out of 6 points According to data collected by Doing Business, resolving on the management of debtor’s assets index, 0.0 out of 3 insolvency takes 3.0 years on average and costs 14.5% of points on the reorganization proceedings index, and 2.0 the debtor’s estate, with the most likely outcome being out of 4 points on the creditor participation index. that the company will be sold as piecemeal sale. The Guatemala’s total score on the strength of insolvency average recovery rate is 27.6 cents on the dollar. Most framework index is 4.0 out of 16. indicator sets refer to a case scenario in the largest Globally, Guatemala stands at 155 in the ranking of 189 business city of an economy, except for 11 economies for economies on the ease of resolving insolvency (figure which the data are a population-weighted average of the 11.1). The rankings for comparator economies and the 2 largest business cities. See the chapter on distance to regional average ranking provide other useful frontier and ease of doing business ranking at the end of benchmarks for assessing the efficiency of insolvency this profile for more details. proceedings in Guatemala. Figure 11.1 How Guatemala and comparator economies rank on the ease of resolving insolvency Doing Business 2015 Guatemala 78 Source: Doing Business database. Doing Business 2015 Guatemala 79 Figure 11.2 Recovery Rate (0-100) - Guatemala Source: Doing Business database. Figure 11.3 Strength of insolvency framework index (0-16) - Guatemala Source: Doing Business database. Doing Business 2015 Guatemala 80 LABOR MARKET REGULATION Doing Business measures flexibility in the regulation of Doing Business 2015 presents the data for the labor employment, specifically as it affects the hiring and market regulation indicators in an annex. The report redundancy of workers and the rigidity of working hours. does not present rankings of economies on these This year, for the first time, the indicators measuring indicators nor include the topic in the aggregate distance flexibility in labor market regulations focus on those to frontier score or ranking on the ease of doing affecting the food retail industry, using a standardized business. Detailed data collected on labor market case study of a cashier in a supermarket. Also new is that regulations are available on the Doing Business website Doing Business collects data on regulations applying to (http://www.doingbusiness.org). The data on labor employees hired through temporary-work agencies as market regulations are based on a detailed survey of well as on those applying to permanent employees or employment regulations that is completed by local employees hired on fixed-term contracts. The indicators lawyers and public officials. Employment laws and also cover additional areas of labor market regulation, regulations as well as secondary sources are reviewed to including social protection schemes and benefits as well ensure accuracy. To make the data comparable across as labor disputes. economies, several assumptions about the worker and the business are used. Over the period from 2007 to 2011 improvements were made to align the methodology for the labor market The worker: regulation indicators (formerly the employing workers  Is a cashier in a supermarket or a grocery store indicators) with the letter and spirit of the International  Is a full-time employee Labour Organization (ILO) conventions. Only 6 of the 188  Is not a member of the labor union, unless ILO conventions cover areas measured by Doing membership is mandatory Business: employee termination, weekend work, holiday The business: with pay, night work, protection against unemployment  Is a limited liability company (or the equivalent and medical care and sickness benefits. The Doing in the economy) with 60 employees. Business methodology is fully consistent with these 6  Operates a supermarket or grocery store in the conventions. The ILO conventions covering areas related economy’s largest business city. For 11 to the labor market regulation indicators do not include economies the data are also collected for the the ILO core labor standards—8 conventions covering second largest business city. the right to collective bargaining, the elimination of  Is subject to collective bargaining agreements if forced labor, the abolition of child labor and equitable such agreements cover more than 50% of the treatment in employment practices. food retail sector and they apply even to firms that are not party to them. Between 2009 and 2011 the World Bank Group worked  Abides by every law and regulation but does not with a consultative group—including labor lawyers, grant workers more benefits than those employer and employee representatives, and experts mandated by law, regulation or (if applicable) from the ILO, the Organisation for Economic Co- collective bargaining agreements. operation and Development (OECD), civil society and the private sector—to review the methodology for the labor market regulation indicators and explore future areas of research. A full report with the conclusions of the consultative group is available at: http://www.doingbusiness.org/methodology/employing-workers. Doing Business 2015 Guatemala LABOR MARKET REGULATION What are the details? The data reported here for Guatemala are based on a Employment laws and regulations as well as secondary detailed survey of labor market regulation that is sources are reviewed to ensure accuracy. completed by local lawyers and public officials. Difficulty of hiring index Difficulty of hiring covers 4 areas: (i) whether fixed-term wage to the average value added per worker. The contracts are prohibited for permanent tasks; (ii) the average value added per worker is the ratio of an maximum cumulative duration of fixed-term contracts; economy’s GNI per capita to the working-age population (iii) the minimum wage for a cashier, age 19, with 1 year as a percentage of the total population. of work experience; and (iv) the ratio of the minimum Difficulty of hiring index Data Fixed-term contracts prohibited for permanent tasks? Yes No limit; time limit depends only on the duration of the temporary task, on the Maximum length of a single fixed-term contract (months) expiration date or on the occurrence of any event or circumstance (Art.25) Maximum length of fixed-term contracts, including renewals (months) No limit Minimum wage applicable to the worker assumed in the case study 369.02 (US$/month) Ratio of minimum wage to value added per worker 0.73 Source: Doing Business database. Doing Business 2015 Guatemala 82 LABOR MARKET REGULATION Rigidity of hours index Rigidity of hours covers 7 areas: (i) whether the premium for work on a weekly rest day (as a percentage workweek can extend to 50 hours or more (including of hourly pay); (v) whether there are restrictions on night overtime) for 2 months in a year to respond to a work; (vi) whether there are restrictions on weekly seasonal increase in workload; (ii) the maximum number holiday work; and (vii) the average paid annual leave for of days allowed in the workweek; (iii) the premium for workers with 1 year of tenure, 5 years of tenure and 10 night work (as a percentage of hourly pay); (iv) the years of tenure. Rigidity of hours index Data 50-hour workweek allowed for 2 months a year in case of a seasonal Yes increase in workload? Maximum working days per week 6.0 Premium for night work (% of hourly pay) 0% Premium for work on weekly rest day (% of hourly pay) 50% Major restrictions on night work? Yes Major restrictions on weekly holiday? Yes Paid annual leave for a worker with 1 year of tenure (in working days) 15.0 Paid annual leave for a worker with 5 years of tenure (in working days) 15.0 Paid annual leave for a worker with 10 years of tenure (in working days) 15.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in 15.0 working days) Source: Doing Business database. Doing Business 2015 Guatemala 83 LABOR MARKET REGULATION Difficulty of redundancy index Difficulty of redundancy index looks at 9 questions: (i) whether the employer needs approval from a third party what the length is in months of the maximum to terminate 1 redundant worker; (vi) whether the probationary period; (ii) whether redundancy is employer needs approval from a third party to terminate disallowed as a basis for terminating workers; (iii) a group of 9 redundant workers; (vii) whether the law whether the employer needs to notify a third party (such requires the employer to reassign or retrain a worker as a government agency) to terminate 1 redundant before making the worker redundant; (viii) whether worker; (iv) whether the employer needs to notify a third priority rules apply for redundancies; and (ix) whether party to terminate a group of 9 redundant workers; (v) priority rules apply for reemployment. Difficulty of redundancy index Data Maximum length of probationary period (months) 2.0 Dismissal due to redundancy allowed by law? Yes Third-party notification if 1 worker is dismissed? No Third-party approval if 1 worker is dismissed? No Third-party notification if 9 workers are dismissed? No Third-party approval if 9 workers are dismissed? No Retraining or reassignment obligation before redundancy? No Priority rules for redundancies? No Priority rules for reemployment? No Source: Doing Business database. Doing Business 2015 Guatemala 84 LABOR MARKET REGULATION Redundancy cost Redundancy cost measures the cost of advance notice requirements and severance payments applicable to a requirements, severance payments and penalties due worker with 1 year of tenure, a worker with 5 years and when terminating a redundant worker, expressed in a worker with 10 years is considered. One month is weeks of salary. The average value of notice recorded as 4 and 1/3 weeks. Redundancy cost indicator (in salary weeks) Data Notice period for redundancy dismissal for a worker with 1 year of tenure 0.0 Notice period for redundancy dismissal for a worker with 5 years of tenure 0.0 Notice period for redundancy dismissal for a worker with 10 years of tenure 0.0 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years 0.0 of tenure) Severance pay for redundancy dismissal for a worker with 1 year of tenure 5.1 Severance pay for redundancy dismissal for a worker with 5 years of tenure 25.3 Severance pay for redundancy dismissal for a worker with 10 years of tenure 50.6 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years 27.0 of tenure) Source: Doing Business database. Social protection schemes and benefits & Labor disputes Doing Business collects data on the existence of Doing Business also assesses the mechanisms available unemployment protection schemes as well as data on to resolve labor disputes. More specifically, it collects whether employers are legally required to provide data on what courts would be competent to hear labor health insurance for employees with permanent disputes and whether the competent court is contracts. specialized in resolving labor disputes. Social protection schemes and benefits & Labor disputes indicator Data Availability of unemployment protection scheme? No Health insurance existing for permanent employees? No Availability of courts or court sections specializing in labor disputes? Yes Source: Doing Business database. Doing Business 2015 Guatemala 85 Doing Business 2015 Guatemala 86 DISTANCE TO FRONTIER AND EASE OF DOING BUSINESS RANKING This year’s report presents results for 2 aggregate defined as the total tax rate at the 15th percentile of the measures: the distance to frontier score and the ease of overall distribution for all years included in the analysis. doing business ranking, which for the first time this year For the time to pay taxes the frontier is defined as the is based on the distance to frontier score. The ease of lowest time recorded among all economies that levy the doing business ranking compares economies with one 3 major taxes: profit tax, labor taxes and mandatory another; the distance to frontier score benchmarks contributions, and value added tax (VAT) or sales tax. In economies with respect to regulatory best practice, addition, the cost to export and cost to import for each showing the absolute distance to the best performance year are divided by the GDP deflator, to take the general on each Doing Business indicator. When compared price level into account when benchmarking these across years, the distance to frontier score shows how absolute-cost indicators across economies with different much the regulatory environment for local entrepreneurs inflation trends. The base year for the deflator is 2013 for in an economy has changed over time in absolute terms, all economies. while the ease of doing business ranking can show only In the same formulation, to mitigate the effects of how much the regulatory environment has changed extreme outliers in the distributions of the rescaled data relative to that in other economies. for most component indicators (very few economies Distance to Frontier need 700 days to complete the procedures to start a business, but many need 9 days), the worst performance The distance to frontier score captures the gap between is calculated after the removal of outliers. The definition an economy’s performance and a measure of best of outliers is based on the distribution for each practice across the entire sample of 31 indicators for 10 component indicator. To simplify the process, 2 rules Doing Business topics (the labor market regulation were defined: the 95th percentile is used for the indicators are excluded). For starting a business, for indicators with the most dispersed distributions example, Canada and New Zealand have the smallest (including time, cost, minimum capital and number of number of procedures required (1), and New Zealand the payments to pay taxes), and the 99th percentile is used shortest time to fulfill them (0.5 days). Slovenia has the for number of procedures and number of documents to lowest cost (0.0), and Australia, Colombia and 110 other trade. No outlier was removed for component indicators economies have no paid-in minimum capital bound by definition or construction, including legal requirement (table 15.1 in the Doing Business 2015 index scores (such as the depth of credit information report). index, extent of conflict of interest regulation index and strength of insolvency framework index) and the Calculation of the distance to frontier score recovery rate (figure 15.1 in the Doing Business 2015 Calculating the distance to frontier score for each report). economy involves 2 main steps. First, individual Second, for each economy the scores obtained for component indicators are normalized to a common unit individual indicators are aggregated through simple where each of the 31 component indicators y (except for averaging into one distance to frontier score, first for the total tax rate) is rescaled using the linear each topic and then across all 10 topics: starting a transformation (worst − y)/(worst − frontier). In this business, dealing with construction permits, getting formulation the frontier represents the best performance electricity, registering property, getting credit, protecting on the indicator across all economies since 2005 or the minority investors, paying taxes, trading across borders, third year after data for the indicator were collected for enforcing contracts and resolving insolvency. More the first time. For legal indicators such as those on complex aggregation methods—such as principal getting credit or protecting minority investors, the components and unobserved components—yield a frontier is set at the highest possible value. For the total ranking nearly identical to the simple average used by tax rate, consistent with the use of a threshold in Doing Business . Thus Doing Business uses the simplest 6 calculating the rankings on this indicator, the frontier is 6 See Djankov, Manraj and others (2005). Principal components and unobserved components methods yield a ranking nearly identical to Doing Business 2015 Guatemala 87 method: weighting all topics equally and, within each overall tax system. Instead, it is mainly empirical in topic, giving equal weight to each of the topic nature. The nonlinear transformation along with the components . threshold reduces the bias in the indicator toward 7 economies that do not need to levy significant taxes on An economy’s distance to frontier score is indicated on a companies like the Doing Business standardized case scale from 0 to 100, where 0 represents the worst study company because they raise public revenue in performance and 100 the frontier. All distance to frontier other ways—for example, through taxes on foreign calculations are based on a maximum of 5 decimals. companies, through taxes on sectors other than However, indicator ranking calculations and the ease of manufacturing or from natural resources (all of which are doing business ranking calculations are based on 2 outside the scope of the methodology). In addition, it decimals. The difference between an economy’s distance acknowledges the need of economies to collect taxes to frontier score in any previous year and its score in from firms. 2014 illustrates the extent to which the economy has closed the gap to the regulatory frontier over time. And Calculation of scores for economies with 2 cities in any given year the score measures how far an covered economy is from the best performance at that time. For each of the 11 economies for which a second city Treatment of the total tax rate was added in this year’s report, the distance to frontier score is calculated as the population-weighted average This year, for the first time, the total tax rate component of the distance to frontier scores for the 2 cities covered of the paying taxes indicator set enters the distance to (table 12.1). This is done for the aggregate score, the frontier calculation in a different way than any other scores for each topic and the scores for all the indicator. The distance to frontier score obtained for the component indicators for each topic. total tax rate is transformed in a nonlinear fashion before it enters the distance to frontier score for paying taxes. Table 12.1 Weights used in calculating the distance to As a result of the nonlinear transformation, an increase in frontier scores for economies with 2 cities covered the total tax rate has a smaller impact on the distance to Economy City Weight (%) frontier score for the total tax rate—and therefore on the Dhaka 78 distance to frontier score for paying taxes—for Bangladesh Chittagong 22 economies with a below-average total tax rate than it São Paulo 61 would have in the calculation done in previous years (line Brazil Rio de Janeiro 39 B is smaller than line A in figure 15.2 of the Doing Shanghai 55 China Business 2015 report). And for economies with an Beijing 45 extreme total tax rate (a rate that is very high relative to Mumbai 47 India the average), an increase has a greater impact on both Delhi 53 these distance to frontier scores than before (line D is Jakarta 78 Indonesia bigger than line C in figure 15.2 of the Doing Business Surabaya 22 Tokyo 65 2015 report). Japan Osaka 35 The nonlinear transformation is not based on any Mexico City 83 Mexico economic theory of an “optimal tax rate” that minimizes Monterrey 17 distortions or maximizes efficiency in an economy’s Lagos 77 Nigeria Kano 23 Karachi 65 Pakistan that from the simple average method because both these methods Lahore 35 assign roughly equal weights to the topics, since the pairwise Moscow 70 Russian Federation correlations among indicators do not differ much. An alternative to the St. Petersburg 30 simple average method is to give different weights to the topics, New York 60 depending on which are considered of more or less importance in the United States Los Angeles 40 context of a specific economy. Source: United Nations, Department of Economic and Social 7 For getting credit, indicators are weighted proportionally, according to their contribution to the total score, with a weight of 60% assigned Affairs, Population Division, World Urbanization Prospects, to the strength of legal rights index and 40% to the depth of credit 2014 Revision. http://esa.un.org/unpd/wup/CD- information index. Indicators for all other topics are assigned equal ROM/Default.aspx. weights Doing Business 2015 Guatemala 88 Economies that improved the most across 3 or more Selecting the economies that implemented regulatory Doing Business topics in 2013/14 reforms in at least 3 topics and had the biggest improvements in their distance to frontier scores is Doing Business 2015 uses a simple method to calculate intended to highlight economies with ongoing, broad- which economies improved the ease of doing business based reform programs. The improvement in the the most. First, it selects the economies that in 2013/14 distance to frontier score is used to identify the top implemented regulatory reforms making it easier to do improvers because this allows a focus on the absolute business in 3 or more of the 10 topics included in this improvement—in contrast with the relative improvement year’s aggregate distance to frontier score. Twenty-one shown by a change in rankings—that economies have economies meet this criterion: Azerbaijan; Benin; the made in their regulatory environment for business. Democratic Republic of Congo; Côte d’Ivoire; the Czech Republic; Greece; India; Ireland; Kazakhstan; Lithuania; the former Yugoslav Republic of Macedonia; Poland; Ease of Doing Business ranking Senegal; the Seychelles; Spain; Switzerland; Taiwan, China; Tajikistan; Togo; Trinidad and Tobago; and the The ease of doing business ranking ranges from 1 to 189. United Arab Emirates. Second, Doing Business sorts these The ranking of economies is determined by sorting the economies on the increase in their distance to frontier aggregate distance to frontier scores, rounded to 2 score from the previous year using comparable data. decimals. Doing Business 2015 Guatemala 89 RESOURCES ON THE DOING BUSINESS WEBSITE Current features Law library News on the Doing Business project Online collection of business laws and regulations http://www.doingbusiness.org relating to business http://www.doingbusiness.org/law-library Rankings How economies rank—from 1 to 189 Contributors http://www.doingbusiness.org/rankings More than 10,700 specialists in 189 economies who participate in Doing Business Data http://www.doingbusiness.org/contributors/doing- All the data for 189 economies—topic rankings, business indicator values, lists of regulatory procedures and details underlying indicators Entrepreneurship data http://www.doingbusiness.org/data Data on business density (number of newly registered companies per 1,000 working-age Reports people) for 139 economies Access to Doing Business reports as well as http://www.doingbusiness.org/data/exploretopics/ent subnational and regional reports, reform case repreneurship studies and customized economy and regional profiles Distance to frontier http://www.doingbusiness.org/reports Data benchmarking 189 economies to the frontier in regulatory practice Methodology http://www.doingbusiness.org/data/distance-to- The methodologies and research papers underlying frontier Doing Business http://www.doingbusiness.org/methodology Information on good practices Showing where the many good practices identified Research by Doing Business have been adopted Abstracts of papers on Doing Business topics and http://www.doingbusiness.org/data/good-practice related policy issues http://www.doingbusiness.org/research Doing Business iPhone App Doing Business at a Glance—presenting the full Doing Business reforms report, rankings and highlights for each topic for Short summaries of DB2015 business regulation the iPhone, iPad and iPod touch reforms, lists of reforms since DB2008 and a ranking http://www.doingbusiness.org/specialfeatures/ simulation tool iphone http://www.doingbusiness.org/reforms Historical data Customized data sets since DB2004 http://www.doingbusiness.org/custom-query Doing Business 2015 Guatemala 90