Doing Business 2019 Pakistan Economy Profile Pakistan Page 1 Doing Business 2019 Pakistan Economy Profile of Pakistan Doing Business 2019 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safety mechanisms in the construction permitting system Getting electricity Procedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and the transparency of tariffs Registering property Procedures, time and cost to transfer a property and the quality of the land administration system Getting credit Movable collateral laws and credit information systems Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance Paying taxes Payments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as post-filing processes Trading across borders Time and cost to export the product of comparative advantage and import auto parts Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework for insolvency Labor market regulation Flexibility in employment regulation and aspects of job quality Page 2 Doing Business 2019 Pakistan About Doing Business The Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life cycle. Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation for starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. Doing Business also measures features of labor market regulation. Although Doing Business does not present rankings of economies on the labor market regulation indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it does present the data for these indicators. By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourages economies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sector researchers and others interested in the business climate of each economy. In addition, Doing Business offers detailed subnational reports, which exhaustively cover business regulation and reform in different cities and regions within a nation. These reports provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selected cities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked. The first Doing Business report, published in 2003, covered 5 indicator sets and 133 economies. This year’s report covers 11 indicator sets and 190 economies. Most indicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013 (Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business also collected data for the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited from feedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving the regulatory environment for business around the world. More about Doing Business (PDF, 5MB) Page 3 Doing Business 2019 Pakistan Ease of Doing Business in DB 2019 Rank Region South Asia 190 1 Pakistan Income Category Lower middle income 136 DB 2019 Ease of doing business score Population 197,015,955 0 100 City Covered Karachi, Lahore 55.31 DB 2019 Ease of Doing Business Score 0 100 73.64: China (Rank: 46) 67.23: India (Rank: 77) 56.71: Regional Average (South Asia) 55.31: Pakistan (Rank: 136) 41.97: Bangladesh (Rank: 176) Note: The ease of doing business score captures the gap of each economy from the best regulatory performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s ease of doing business score is reflected on a scale from 0 to 100, where 0 represents the lowest and 100 represents the best performance. The ease of doing business ranking ranges from 1 to 190. Rankings on Doing Business topics - Pakistan 1 26 28 53 55 82 Rank 112 109 130 136 142 156 161 166 167 163 173 190 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Ease of Doing Business Score on Doing Business topics - Pakistan 100 81.89 80 71.67 60.12 59.86 Score 60 53.59 44.75 45.63 45.00 47.05 43.49 40 20 0 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Page 4 Doing Business 2019 Pakistan Starting a Business This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up and formally operate in each economy’s largest business city. To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to 10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement of operations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that one company is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally start and formally operate To make the data comparable across economies, several assumptions about the a company (number) business and the procedures are used. It is assumed that any required information is readily available and that the entrepreneur will pay no bribes. • Preregistration (for example, name verification or reservation, notarization) The business: • Registration in the economy’s largest business - Is a limited liability company (or its legal equivalent). If there is more than one type city of limited liability company in the economy, the most common among domestic firms • Postregistration (for example, social security is chosen. Information on the most common form is obtained from incorporation registration, company seal) lawyers or the statistical office. - Operates in the economy’s largest business city. For 11 economies the data are • Obtaining approval from spouse to start a business or to leave the home to register the also collected for the second largest business city. company - The entire office space is approximately 929 square meters (10,000 square feet). - Is 100% domestically owned and has five owners, none of whom is a legal entity; • Obtaining any gender specific document for has a start-up capital of 10 times income per capita and has a turnover of at least company registration and operation or national 100 times income per capita. identification card - Performs general industrial or commercial activities, such as the production or sale of goods or services to the public. The business does not perform foreign trade Time required to complete each procedure activities and does not handle products subject to a special tax regime, for example, (calendar days) liquor or tobacco. It does not use heavily polluting production processes. • Does not include time spent gathering - Leases the commercial plant or offices and is not a proprietor of real estate and the information amount of the annual lease for the office space is equivalent to the income per capita. • Each procedure starts on a separate day (2 procedures cannot start on the same day) - Does not qualify for investment incentives or any special benefits. - Has at least 10 and up to 50 employees one month after the commencement of • Procedures fully completed online are recorded operations, all of whom are domestic nationals. as ½ day - Has a company deed that is 10 pages long. • Procedure is considered completed once final document is received The owners: • No prior contact with officials - Have reached the legal age of majority. If there is no legal age of majority, they are assumed to be 30 years old. Cost required to complete each procedure (% of - Are sane, competent, in good health and have no criminal record. income per capita) - Are married and the marriage is monogamous and registered with the authorities. - Where the answer differs according to the legal system applicable to the woman or • Official costs only, no bribes man in question (as may be the case in economies where there is legal plurality), the • No professional fees unless services required by answer used will be the one that applies to the majority of the population. law or commonly used in practice Paid-in minimum capital (% of income per capita) • Funds deposited in a bank or with third party before registration or up to 3 months after incorporation Page 5 Doing Business 2019 Pakistan Starting a Business - Karachi Standardized Company Legal form Private Limited Liability Company Paid-in minimum capital requirement PKR 0 City Covered Karachi Indicator Karachi South Asia OECD high Best Regulatory income Performance Procedure – Men (number) 10 7.6 4.9 1 (New Zealand) Time – Men (days) 16.5 13.7 9.3 0.5 (New Zealand) Cost – Men (% of income per capita) 6.8 11.0 3.1 0.0 (Slovenia) Procedure – Women (number) 10 7.8 4.9 1 (New Zealand) Time – Women (days) 16.5 13.9 9.3 0.5 (New Zealand) Cost – Women (% of income per capita) 6.8 11.0 3.1 0.0 (Slovenia) Paid-in min. capital (% of income per capita) 0.0 0.2 8.6 0.0 (117 Economies) Figure – Starting a Business in Karachi and comparator economies – Ranking and Score DB 2019 Starting a Business Score 0 100 93.52: China (Rank: 28) 81.89: Karachi 81.89: Lahore 80.96: India (Rank: 137) 80.82: Bangladesh (Rank: 138) Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. Page 6 Doing Business 2019 Pakistan Figure – Starting a Business in Karachi – Procedure, Time and Cost Time (days) Cost (% of income per capita) 7 16 14 6 Cost (% of income per capita) 12 5 Time (days) 10 4 8 3 6 2 4 1 2 0 0 1 2 3 4 5 6 *7 *8 *9 * 10 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 7 Doing Business 2019 Pakistan Details – Starting a Business in Karachi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain PIN for company registration Less than one day PKR 100 Agency : Securities and Exchange Commission of Pakistan (SECP) (online procedure) As of April 2017, SEC has allowed for the registration for company incorporation to be submitted through inputting the PIN number instead of the digital certificate. As such, companies now just need to input the following information into the system his/her 13 digit CNIC Number /NICOP /POC without dashes. The user will also enter his/her personal details i.e. Full Name, Father’s/Spouse Name, Gender, Date of Birth, Current Address, Permanent Address, Mobile Number, Email Address. The user will then enter his/her proposed password. In next section, the user is required to select three security Questions and then provide answer to those questions. The user will then click the Signup button to proceed further. After verification, the system will send security code to User on his/her provided Mobile Number and also on his/her email address. Upon submission, the system will send PIN to User on the provided Mobile No. through SMS and also on the provided Email Address. This system generated PIN will be required for company incorporation. 2 Reserve the name, register company, pay incorporation fees, and obtain a 2 days Name reservation fee national tax number (NTN) on the Securities & Exchange Commission of (PKR 200) + Pakistan (SECP) e-portal Filing fee (PKR 400) Agency : Securities and Exchange Commission of Pakistan (SECP) + Registration can either be completed online or in person at SECP. Registration fee (for online submission: On February 6, 2018, SECP launched a single online procedure for user registration, name reservation, company incorporation, and notification of PKR 1,000 for capital appointment of CEO. The new e-Services are available at below PKR 100,000; https://eservices.secp.gov.pk/eServices/ . additional PKR 500 for every PKR It is required to reserve a company name for the new registration. This can be 100,000 of capital or done in two ways: separately by submitting name reservation form, or together part thereof, above with submitting the incorporation application. Most commonly, prior to reservation PKR 100,000 and up of name companies check the name availability at to PKR 10,000,000). https://www.secp.gov.pk/company-name-search/ (website also includes list of prohibited names). Once the desired names were verified as available, founders go to https://eservices.secp.gov.pk/eServices/ , login, and select combined application for name reservation and company incorporation. During the incorporation application, companies notify of the first CEOs, among other details. Once name reservation and incorporation application are prepared, the system prompts user to the payment options. The name reservation fee, registration fee, and filing fee are all generated under one payment. Payment can be done online or at the bank. It is most common that companies use e-payment. The fees for incorporation of a company were updated on May 24, 2016 according to the S.R.O 448. The registration fees depend on the authorized capital. A confirmation of the online or physical submission is received instantly, and the actual certificate a few days later via email or courier, or can also be picked up at SECP. The entrepreneur can register with any Company Registration Office, irrespective of the jurisdiction. All regional SECP offices are computerized. National tax number (NTN) is obtained as part of incorporation documents. However, it is required to additionally visit the tax authority to finalize registration for NTN and income taxes. 3 Make a company seal 1 day PKR 400-600 Agency : Seal maker According to Article 23 of the Companies Act, 2017, every company shall have a common seal. A company‘s common seal must be a seal having the company‘s name engraved on it in legible form. If company issues share certificates in physical form, such certificates must also bear the company seal. Company seal is required in practice to open a bank account, and is also requested by counterparts and public agencies. 4 Open a bank account for tax registration 1 day no charge Agency : Bank A bank account number in the name of the company is needed in order to register for taxes. A copy of the registration certificate is needed in order to open a bank account. Page 8 Doing Business 2019 Pakistan 5 Finalize registration for a national tax number (NTN) and for income tax 1 day no charge Agency : Tax facilitation center of the Regional Tax Office (RTO) of the Federal Board of Revenue (FBR) in Karachi The authorized representative of the Company has to visit respective tax office to submit hard copy of the registration documents, provide thump imprint and complete bio-metric identification. 6 Apply for a Sales Tax Registration Number (STRN) at the tax facilitation 1 week no charge center of the Regional Tax Office (RTO) of the Federal Board of Revenue (FBR) in Karachi Agency : Tax facilitation center of the Regional Tax Office (RTO) of the Federal Board of Revenue (FBR) in Karachi According to the Sections 14, 15 and 16 of the Sales Tax Act 1990 and Sales Tax Rules 2006, the company must register for sales tax by submitting the application Form STR-1 at any tax facilitation counter at the nearest Regional Tax Office (RTO). The local RTO forwards all applications to the Central Registration Office. After verification, the CRO issues a Registration Certificate bearing the registration number and mails the same to the registered company, on a prescribed From STR-5. The Sales Tax General Order No. 4/2007 introduced electronic filing of the sales tax returns; and as of July 1, 2008, electronic filing was made mandatory for all categories of taxpayers. Prior to issuing the STRN, tax office conducts an inspection. 7 Register for Professional Tax with the Excise & Taxation Department of the 7 days no charge District (simultaneous with Agency : Excise & Taxation Department of the District the previous Following the Devolution Plan 2001, professional tax is enforced at the district procedure) level by the Excise and Taxation Department of the relevant provincial district. The tax is levied upon businesses, professionals, trades, callings or companies employing such professionals. The responsible district Excise and Taxation Officer (ET officer) is empowered to enroll in survey register every person who carries on any such business or profession and thereafter, give notice to such enrolled person. In case of a new business, the company is required to make a request to the ET officer to get enrolled by submitting a simple assessment form. The ET officer issues a registration number that acts as the reference number for the registered company and is noted down on every Bank Challan when assessments are paid into the Bank. 8 Register with the Sindh Employees Social Security Institution (SESSI) 7 days no charge Agency : Sindh Employees Social Security Institution (SESSI) (simultaneous with Registration with the Sindh Employees Social Security Institution is governed at the previous the provincial level by an independent institution called the Sindh ESSI. procedure) 9 Register with Employees Old-Age Benefits Institution (EOBI) 1 week no charge Agency : Employees Old-Age Benefits Institution (EOBI) (simultaneous with According to the Amendment in EOBI Act 1976 effective as of July 2008, every the previous industry or a commercial establishment with 5 or more employees must register procedure) with the federal Employees Old Age Benefits Institution. Under the Employees Old Age Benefit Scheme, insured persons are entitled to pension upon retirement, invalidity in the case of a disability, old-age grant in the case of a retiring elder lacking the minimum threshold for pension, and survivor’s pension. A contribution of 5% of minimum wage must be paid by the employer and 1% of minimum wage must be paid by the employee. An employer shall before expiration of thirty days from the day on which the Act becomes applicable to the industry or establishment in respect of which he/she is the employer, communicate to the Institution the name and particulars of the industry or establishment in Form PR-01 and of every insured person employed therein in Form PE-01 and, in the case of Form PE-01, give the receipt appended to the Form to the insured persons. An insured person may also communicate his/her name and other particulars to the Institution in Form PE-02. Upon receipt of the requisite particulars in Forms PR-01 and PE-01 from an employer, the Institution shall register the name of the industry or establishment in respect of which he/she is the employer and of the insured person and issue to the employer a Certificate of Registration in Form PI-02 and to each insured person a Registration Card in Form PI-03. The institution may send the Registration Card in Form PI-03 to the employer for delivery to the insured person to whom it relates. The minimum Pension has been increased from PKR 3,600 per month to PKR 5,250 per month. Page 9 Doing Business 2019 Pakistan Register under the West Pakistan Shops and Establishment Ordinance 7 days PKR 1,000 10 1969 with the Labor Department of the District (simultaneous with Agency : Labour Department of the District the previous Pakistan Shops and Establishment Ordinance 1969 requires every establishment procedure) other than a one man shop to be registered with the Deputy Chief Inspector of the Labor Department in each district. This is to safeguard the labor standards of the workers. To register, the employer must submit the application Form A accompanied by a bank challan. The application for a new establishment shall be made within 2 months of setting up the establishment. The registration fees have been changed to the following pursuant to the Punjab Shops and Establishments (Amendment) Act 2014 (II of 2014): Rs. 200 in the case of an establishment employing 1 to 5 workers. Rs. 300 in the case of an establishment employing 6 to 10 workers. Rs. 500 in the case of an establishment employing 11 to 20 workers. Rs. 1000 in the case of an establishment employing more than 20 workers. Once the payment is settled, the Deputy Chief Inspection lists the establishment in the Register of Establishments maintained in Form B and issues a registration certificate in Form C. The registration certificate shall be prominently displayed by the employer at the establishment, and shall be renewed after every two years upon payment of fees. Takes place simultaneously with previous procedure. Page 10 Doing Business 2019 Pakistan Starting a Business - Lahore Standardized Company Legal form Private Limited Liability Company Paid-in minimum capital requirement PKR 0 City Covered Lahore Indicator Lahore South Asia OECD high Best Regulatory income Performance Procedure – Men (number) 10 7.6 4.9 1 (New Zealand) Time – Men (days) 16.5 13.7 9.3 0.5 (New Zealand) Cost – Men (% of income per capita) 6.8 11.0 3.1 0.0 (Slovenia) Procedure – Women (number) 10 7.8 4.9 1 (New Zealand) Time – Women (days) 16.5 13.9 9.3 0.5 (New Zealand) Cost – Women (% of income per capita) 6.8 11.0 3.1 0.0 (Slovenia) Paid-in min. capital (% of income per capita) 0.0 0.2 8.6 0.0 (117 Economies) Figure – Starting a Business in Lahore and comparator economies – Ranking and Score DB 2019 Starting a Business Score 0 100 93.52: China (Rank: 28) 81.89: Karachi 81.89: Lahore 80.96: India (Rank: 137) 80.82: Bangladesh (Rank: 138) Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. Page 11 Doing Business 2019 Pakistan Figure – Starting a Business in Lahore – Procedure, Time and Cost Time (days) Cost (% of income per capita) 7 16 14 6 Cost (% of income per capita) 12 5 Time (days) 10 4 8 3 6 2 4 1 2 0 0 1 2 3 4 5 6 *7 *8 *9 * 10 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 12 Doing Business 2019 Pakistan Details – Starting a Business in Lahore – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain PIN for company incorporation submission Less than one day PKR 100 Agency : SECP (online procedure) As of April 2017, SEC has allowed for the registration for company incorporation to be submitted through inputting the PIN number instead of the digital certificate. As such, companies now just need to input the following information into the system his/her 13 digit CNIC Number /NICOP /POC without dashes. The user will also enter his/her personal details i.e. Full Name, Father’s/Spouse Name, Gender, Date of Birth, Current Address, Permanent Address, Mobile Number, Email Address. The user will then enter his/her proposed password. In next section, the user is required to select three security Questions and then provide answer to those questions. The user will then click the Signup button to proceed further. After verification, the system will send security code to User on his/her provided Mobile Number and also on his/her email address. Upon submission, the system will send PIN to User on the provided Mobile No. through SMS and also on the provided Email Address. This system generated PIN will be required for company incorporation. 2 Reserve the name, register company, pay incorporation fees, and obtain a 2 days Name reservation fee national tax number (NTN) on the Securities & Exchange Commission of (PKR 200) + Pakistan (SECP) e-portal Filing fee (PKR 400) Agency : Securities and Exchange Commission of Pakistan (SECP) + Registration can either be completed online or in person at SECP. Registration fee (for online submission: On February 6, 2018, SECP launched a single online procedure for user PKR 1,000 for capital registration, name reservation, company incorporation, and notification of appointment of CEO. The new e-Services are available at below PKR 100,000; https://eservices.secp.gov.pk/eServices/ . additional PKR 500 for every PKR It is required to reserve a company name for the new registration. This can be 100,000 of capital or done in two ways: separately by submitting name reservation form, or together part thereof, above with submitting the incorporation application. Most commonly, prior to reservation PKR 100,000 and up of name companies check the name availability at to PKR 10,000,000). https://www.secp.gov.pk/company-name-search/ (website also includes list of prohibited names). Once the desired names were verified as available, founders go to https://eservices.secp.gov.pk/eServices/ , login, and select combined application for name reservation and company incorporation. During the incorporation application, companies notify of the first CEOs, among other details. Once name reservation and incorporation application are prepared, the system prompts user to the payment options. The name reservation fee, registration fee, and filing fee are all generated under one payment. Payment can be done online or at the bank. It is most common that companies use e-payment. The fees for incorporation of a company were updated on May 24, 2016 according to the S.R.O 448. The registration fees depend on the authorized capital. A confirmation of the online or physical submission is received instantly, and the actual certificate a few days later via email or courier, or can also be picked up at SECP. The entrepreneur can register with any Company Registration Office, irrespective of the jurisdiction. All regional SECP offices are computerized. National tax number (NTN) is obtained as part of incorporation documents. However, it is required to additionally visit the tax authority to finalize registration for NTN and income taxes. 3 Make a company seal 1 day PKR 400-600 Agency : Seal maker According to Article 23 of the Companies Act, 2017, every company shall have a common seal. A company‘s common seal must be a seal having the company‘s name engraved on it in legible form. If company issues share certificates in physical form, such certificates must also bear the company seal. Company seal is required in practice to open a bank account, and is also requested by counterparts and public agencies. 4 Open a bank account for tax registration 1 day No charge Agency : Bank A bank account number in the name of the company is needed in order to register for taxes. A copy of the registration certificate is needed in order to open a bank account. Page 13 Doing Business 2019 Pakistan 5 Finalize registration for a national tax number (NTN) and for income tax 1 day (simultaneous no charge Agency : Tax facilitation center of the Regional Tax Office (RTO) of the Federal with the previous Board of Revenue (FBR) in Lahore procedure) The authorized representative of the Company has to visit respective tax office to submit hard copy of the registration documents, provide thump imprint and complete bio-metric identification. 6 Apply for a Sales Tax Registration Number (STRN) at the tax facilitation 1 day no charge center of the Regional Tax Office (RTO) of the Federal Board of Revenue (FBR) in Lahore Agency : Tax facilitation center of the Regional Tax Office (RTO) of the Federal Board of Revenue (FBR) in Lahore According to the Sections 14, 15 and 16 of the Sales Tax Act 1990 and Sales Tax Rules 2006, the company must register for sales tax by submitting the application Form STR-1 at any tax facilitation counter at the nearest Regional Tax Office (RTO). The local RTO forwards all applications to the Central Registration Office. After verification, the CRO issues a Registration Certificate bearing the registration number and mails the same to the registered company, on a prescribed From STR-5. The Sales Tax General Order No. 4/2007 introduced electronic filing of the sales tax returns; and as of July 1st 2008, electronic filing was made mandatory for all categories of taxpayers. Prior to issuing the STRN, tax office conducts an inspection. 7 Register for Professional Tax with the Excise & Taxation Department of the 7 days no charge District (simultaneous with Agency : Excise & Taxation Department of the District the previous Following the Devolution Plan 2001, professional tax is enforced at the district procedure) level by the Excise and Taxation Department of the relevant provincial district. According to the Punjab Finance Act 1977, the tax is levied upon businesses, professionals, trades, callings or companies employing such professionals. The responsible district Excise and Taxation Officer (ET officer) is empowered to enroll in survey register every person who carries on any such business or profession and thereafter, give notice to such enrolled person. In case of a new business, the company is required to make a request to the ET officer to get enrolled by submitting a simple assessment form. The ET officer issues a registration number that acts as the reference number for the registered company and is noted down on every Bank Challan when assessments are paid into the Bank. 8 Register with the Punjab Employees Social Security Institution (PESSI) 1 week no charge Agency : Punjab Employees Social Security Institution (PESSI) (simultaneous with According to the Punjab Industrial Policy 2003, registration with the Sindh the previous Employees Social Security Institution is governed at the provincial level by an procedure) independent institution called the Punjab ESSI. Employers covered under the scheme contribute 6% of the wages to their insured workers. The wage ceiling should not exceed PKR 15,000 per month or PKR 600 per day 2 as per Notification No: N-L-II (SEESI) 5-12- 91 dated 30 October, 2013. Registration is compulsory. The company has to complete a simple form to be allotted a registration number and to later receive an employee card. 9 Register with Employees Old-Age Benefits Institution (EOBI) 1 week no charge Agency : Employees Old-Age Benefits Institution (EOBI) (simultaneous with According to the Amendment in EOBI Act 1976 effective as of July 2008, every the previous industry or a commercial establishment with 5 or more employees must register procedure) with the federal Employees Old Age Benefits Institution. Under the Employees Old Age Benefit Scheme, insured persons are entitled to pension upon retirement, invalidity in the case of a disability, old-age grant in the case of a retiring elder lacking the minimum threshold for pension, and survivor’s pension. A contribution of 5% of minimum wage must be paid by the employer and 1% of minimum wage must be paid by the employee. An employer shall before expiration of thirty days from the day on which the Act becomes applicable to the industry or establishment in respect of which he/she is the employer, communicate to the Institution the name and particulars of the industry or establishment in Form PR-01 and of every insured person employed therein in Form PE-01 and, in the case of Form PE-01, give the receipt appended to the Form to the insured persons. An insured person may also communicate his/her name and other particulars to the Institution in Form PE-02. Upon receipt of the requisite particulars in Forms PR-01 and PE-01 from an employer, the Institution shall register the name of the industry or establishment in respect of which he/she is the employer and of the insured person and issue to the employer a Certificate of Registration in Form PI-02 and to each insured person a Registration Card in Form PI-03. The institution may send the Registration Card in Form PI-03 to the employer for delivery to the insured person to whom it relates. The minimum Pension has been increased from PKR 3,600 per month to PKR 5,250 per month. Page 14 Doing Business 2019 Pakistan Register under the West Pakistan Shops and Establishment Ordinance 7 days PKR 1,000 10 1969 with the Labor Department of the District (simultaneous with Agency : Labour Department of the District the previous Pakistan Shops and Establishment Ordinance 1969 requires every establishment procedure) other than a one man shop to be registered with the Deputy Chief Inspector of the Labor Department in each district. This is to safeguard the labor standards of the workers. To register, the employer must submit the application Form A accompanied by a bank challan. The application for a new establishment shall be made within 2 months of setting up the establishment. The registration fees have been changed to the following pursuant to the Punjab Shops and Establishments (Amendment) Act 2014 (II of 2014): Rs. 200 in the case of an establishment employing 1 to 5 workers. Rs. 300 in the case of an establishment employing 6 to 10 workers. Rs. 500 in the case of an establishment employing 11 to 20 workers. Rs. 1000 in the case of an establishment employing more than 20 workers. Once the payment is settled, the Deputy Chief Inspection lists the establishment in the Register of Establishments maintained in Form B and issues a registration certificate in Form C. The registration certificate shall be prominently displayed by the employer at the establishment, and shall be renewed after every two years upon payment of fees. Takes place simultaneously with previous procedure. Page 15 Doing Business 2019 Pakistan Dealing with Construction Permits This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications, requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the building quality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professional certification requirements. The most recent round of data collection was completed in May 2018. See the methodology for more information What the indicators measure Case study assumptions Procedures to legally build a warehouse To make the data comparable across economies, several assumptions about the (number) construction company, the warehouse project and the utility connections are used. • Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances, licenses, permits and certificates - Is a limited liability company (or its legal equivalent) and operates in the economy’s largest business city. For 11 economies the data are also collected for the second • Submitting all required notifications and receiving largest business city. all necessary inspections - Is 100% domestically and privately owned; has five owners, none of whom is a • Obtaining utility connections for water and legal entity. Has a licensed architect and a licensed engineer, both registered with sewerage the local association of architects or engineers. BuildCo is not assumed to have any other employees who are technical or licensed experts, such as geological or • Registering and selling the warehouse after its completion topographical experts. - Owns the land on which the warehouse will be built and will sell the warehouse Time required to complete each procedure upon its completion. (calendar days) The warehouse: • Does not include time spent gathering information - Will be used for general storage activities, such as storage of books or stationery. - Will have two stories, both above ground, with a total constructed area of • Each procedure starts on a separate day— approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 though procedures that can be fully completed meters (9 feet, 10 inches) high and will be located on a land plot of approximately online are an exception to this rule 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the • Procedure is considered completed once final warehouse is valued at 50 times income per capita. document is received - Will have complete architectural and technical plans prepared by a licensed architect. If preparation of the plans requires such steps as obtaining further • No prior contact with officials documentation or getting prior approvals from external agencies, these are counted Cost required to complete each procedure (% of as procedures. income per capita) - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory requirements). • Official costs only, no bribes The water and sewerage connections: Building quality control index (0-15) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there • Quality of building regulations (0-2) is no water delivery infrastructure in the economy, a borehole will be dug. If there is • Quality control before construction (0-1) no sewerage infrastructure, a septic tank in the smallest size available will be installed or built. • Quality control during construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average • Quality control after construction (0-3) wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 • Liability and insurance regimes (0-2) gallons) a day. • Professional certifications (0-4) - Will have a constant level of water demand and wastewater flow throughout the year; will be 1 inch in diameter for the water connection and 4 inches in diameter for the sewerage connection. Page 16 Doing Business 2019 Pakistan Dealing with Construction Permits - Karachi Standardized Warehouse Estimated value of warehouse PKR 8,543,954.20 City Covered Karachi Indicator Karachi South Asia OECD high Best Regulatory income Performance Procedures (number) 18 15.2 12.7 None in 2017/18 Time (days) 261 165.5 153.1 None in 2017/18 Cost (% of warehouse value) 11.8 13.2 1.5 None in 2017/18 Building quality control index (0-15) 12.5 9.2 11.5 15.0 (3 Economies) Figure – Dealing with Construction Permits in Karachi and comparator economies – Ranking and Score DB 2019 Dealing with Construction Permits Score 0 100 73.81: India (Rank: 52) 65.16: China (Rank: 121) 60.82: Bangladesh (Rank: 138) 58.16: Lahore 51.13: Karachi Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scores are the simple average of the scores for each of the component indicators. Figure – Dealing with Construction Permits in Karachi – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 7 250 6 Cost (% of warehouse value) 200 5 Time (days) 150 4 3 100 2 50 1 0 0 1 2 *3 *4 5 6 7 8 9 10 11 12 13 * 14 15 16 17 18 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 17 Doing Business 2019 Pakistan Figure – Dealing with Construction Permits in Karachi and comparator economies – Measure of Quality 15 14.0 12.5 12.0 11.1 Index score 10.0 10 9.2 5 0 Karachi Bangladesh China India Lahore South Asia Details – Dealing with Construction Permits in Karachi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain letter from the relevant land owning authority confirming the land 14 days no charge title Agency : Relevant Land Owning Authority BuildCo must obtain a letter from the relevant authority confirming the title or land use, the dimensions of the plot, and the possible existence of any road widening, cut line, or reservation. Ownership verification depends on the location of the property and may be under the purveyance of a housing society or a military cantonment, in which case non-objection certificates would also be required. Page 18 Doing Business 2019 Pakistan 2 Request and obtain building permit 60 days PKR 224,000 Agency : Sindh Building Control Authority An application form is to be physically submitted to the Sindh Building Control Authority (SBCA) along with the following documents: • A building plan (initially three copies and then six copies) together with: 1. Full particulars of the land plot with a specification of its intended use (such as residential, commercial, etc.) 2. Two sets of all documents relating to the plot and a letter from the concerned authority confirming the title or land use, the plot dimensions, and the possible existence of any road widening, cut line, or reservation • A plan description: 1. Any proposed and/or revised addition and/or alteration 2. Any previous approval, if applicable 3. Details of any litigation relating to the plot The drawings should show plans, sections, and elevations, together with other necessary details pertaining to RCC elements, joinery work, and covered areas of every floor, including the basement (if applicable). In addition, a block plan of the site, drawn to a scale of not less than 1:500 (1”:8’) should be included. Such a plan and sections should show the building’s intended use; the access to and from the various parts of the building; the position dimensions; the means of ventilation; the proposed plinth height; the superstructure at each floor level; and the dimensions and descriptions of all the walls, floors, roofs, staircases, elevators, and the like. • A description of the proposed construction: 1. Type of building 2. Total floor area 3. Number of floors 4. Number of units (for public sale projects only) 5. Car parking space 6. Area of amenity space • Particulars of the licensed professionals employed to prepare the plan and supervise work: 1. Name 2. License number/professional registration number from the Public Electricity Corporation (PEC) 3. National identity card number 4. Mailing and permanent address/ telephone number 5. Office address and telephone number • A specification of the building’s intended use (i.e., is it being built for public sale) • A list of other documents to be attached to the application (photocopies should be duly attested by the professional): 1. Lease/sale deed, allotment order, mutation (or transfer) order (or extract) 2. Possession order 3. Acknowledgement of possession 4. Site plan 5. No-objection certificate (NOC), if applicable 6. National identity card 7. Letter from the owner, or attorney of the owner, authorizing a named professional whose license or registration number should also be provided, to complete and comply with the requirements of the Sindh Building Control Ordinance of 1979, as amended, and with the requirements of the regulations framed under the ordinance for and on behalf of the owner. The letter should also indicate that a plinth certificate notice would be provided at the completion of the plinth as required under section 3-2.10 of the Karachi Building and Town Planning Regulations of 2002. The letter should also specify that the owner would abide by all the aforementioned rules and regulations, and it must be signed by the owner or the owner’s attorney, contain their national identity card number, email address, mailing and permanent address, telephone number, and the signature and particulars of the architect and structural engineer. • A form specifying the architect’s and structural engineer’s undertaking: 1. The SBCA operates under the Sindh Local Government Ordinance of 2002, and falls under the control of the Karachi City District Government of which the Nazim (elected head of Karachi city local council) is the chief executive. If the property is in a military cantonment jurisdiction, BuildCo must send the documents to the Cantonment Board, which takes about 30 days. The Doing Business case study considered here assumes that the property is not located in this type of jurisdiction. Category IV building plans require the approval of the director general of the SBCA, while simpler buildings that fall under Category I follow a streamlined process and a shorter approval period. Page 19 Doing Business 2019 Pakistan 3 File an environmental checklist with the Environmental Protection Agency 30 days PKR 30,000 Agency : Environmental Protection Agency According to the Sindh Environmental Protection Agency Regulations 2014, warehouses shall file environmental checklist with the Agency and the provisions of section 17 shall apply to such projects. This requirement has been waived for some types of buildings but is still enforced for Category IV edifices. 4 Receive Site Inspection by the Sindh Building Control Authority 1 day no charge Agency : Sindh Building Control Authority An inspector from the Sindh Building Control Authority will visit the premises to verify whether the land is vacated or whether there are existing construction to be demolished. If there are such constructions, an objection will be raised and it will have to be fixed before proceeding to approve the building plan. 5 Notify the Sindh Building Control Authority (SBCA) in writing of the 1 day no charge completion of foundations Agency : Sindh Building Control Authority Upon completion of the plinth level, BuildCo is required to notify the SBCA so that they can verify the building lines and the foundation. 6 Receive foundations work inspection from the Sindh Building Control 15 days no charge Authority (SBCA) and await approval Agency : Sindh Building Control Authority Except for Category 1 building works, Regulation No. 3-2.10 of the 2002 Regulations requires BuildCo to notify the SBCA upon completion of plinth level and, in the case of a basement, upon the completion of foundations, so that SBCA can verify the building lines. Regulation No. 3-2.10 also indicates that no further work can be carried out for a 15-day period following the notification date. During this period, the SBCA either approves the building lines or informs the owner or owner’s representative of any possible errors found. If no response is received from the SBCA within the 15-day period, the owner can proceed with the building works after notifying the SBCA, provided that the construction is consistent with the approved building plan. The SBCA issues a non-objection certificate once the inspection process is complete. 7 Submit the first floor Certificate Form to the Sindh Building Control 1 day no charge Authority (SBCA) Agency : Sindh Building Control Authority (SBCA) For Category “III” and Category “IV” buildings, the owner and Professionals shall submit to the Authority floor certificate (Form ZP-5) casting of slab of each floor, certifying that all the building line and structural members on the said floor are in conformity with the design as approved by the Authority subject to clause 3-2.4 and 3-2.5. If the owner/professional fails to submit the floor certificate the authority shall stop further construction work. 8 Receive first floor slab casting inspection from the Sindh Building Control 15 days no charge Authority (SBCA) and await approval Agency : Sindh Building Control Authority (SBCA) Category IV buildings require an inspection upon completion of each floor. The SBCA issues a non-objection certificate once the inspection process is complete. 9 Submit the second floor Certificate Form to the Sindh Building Control 1 day no charge Authority (SBCA) Agency : Sindh Building Control Authority (SBCA) 10 Receive second floor slab casting inspection from the Sindh Building 15 days no charge Control Authority (SBCA) and await approval Agency : Sindh Building Control Authority (SBCA) Category IV buildings require an inspection upon completion of each floor. The SBCA issues a non-objection certificate once the inspection process is complete. Page 20 Doing Business 2019 Pakistan 11 Request a copy of property tax valuation and copy of the certificate from 30 days no charge the Excise and Taxation Department Agency : Excise and Taxation Department BuildCo must obtain a copy of the property tax valuation and a copy of the certificate from the tax authorities confirming that it does not owe any annual property taxes. The Excise and Taxation Department of the Government of Sindh provides the property tax valuation after the building is completed. The department inspects the building and issues a certificate to the owner of the building. The certificate provides an assessment of the value of the building. If BuildCo has any objections to this assessment, it is required to make them known within 14 days. Likewise, if any debt is owed, BuildCo would need to pay in order to complete the process. Otherwise, the department issues a PT-1 Form, a certificate that provides the assessed value of the property and the resultant property tax to be charged. The documents needed are the following: • An application providing information relating to the building • Title documents/ documents evidencing title of the property • Approved building plan • National identity card of the applicant 12 Receive inspection from the Excise and Taxation Department and obtain a 1 day no charge copy of property tax valuation and copy of the certificate from the tax authorities Agency : Excise and Taxation Department The Excise and Taxation Department inspects Category IV buildings to ensure the tax valuation is accurate before updating the Excise and Taxation records. 13 Request water and sewerage connection 60 days PKR 531,650 Agency : Karachi Water and Sewerage Board An application form must be submitted to the Karachi Water and Sewerage Board along with the following documents to apply for water and sewerage connection: • A copy of the approved building plan along with a copy of the letter under the cover of which the approved building plan was issued by the SBCA • A copy of the site plan • Proof of ownership of the plot, or for a tenancy, a copy of the lease agreement • A copy of the property tax valuation • A copy of the certificate from the tax authorities confirming that the company does not owe them any money • A copy of the applicant’s national identity card Once all documents are submitted, the desk officer begins the review and approval process. KWSB can raise objections and ask for additional information or documentation which may prolong the process. Receive Site Inspection for Water Connection 1 day no charge 14 Agency : Karachi Water and Sewerage Board KWSB inspects the property to assess the works that are necessary to ensure that the building will connect to the water grid and ascertain feasibility according to building plan submitted. The inspection includes pipe location, size of connection and feasibility of water discharge requested among other technical conditions. 15 Receive inspection for final water connection and installation of water 1 day no charge meter Agency : Karachi Water and Sewerage Board KWSB inspects the property to ensure that works have been carried out according to the drawings submitted during the application process and feasibility inspection process. If inspection does not find any issues with the construction, KWSB will install water meters and complete the final water connection. 16 Apply for completion certificate and request final inspection 1 day no charge Agency : Sindh Building Control Authority After the building is completed, a “notice of completion and permission for occupation” form must be submitted along with the architect’s certificate. After receipt of this notice, the SBCA inspects the building to verify that it has been built according to the approved plans. 17 Receive final inspection 1 day no charge Agency : Sindh Building Control Authority 18 Receive completion certificate from the Sindh Building Control Authority 45 days PKR 224,000 (SBCA) Agency : Sindh Building Control Authority Takes place simultaneously with previous procedure. Page 21 Doing Business 2019 Pakistan Details – Dealing with Construction Permits in Karachi – Measure of Quality Answer Score Building quality control index (0-15) 12.5 Quality of building regulations index (0-2) 2.0 How accessible are building laws and regulations in your economy? (0-1) Available online; 1.0 Free of charge. Which requirements for obtaining a building permit are clearly specified in the building List of required 1.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Required preapprovals. Quality control before construction index (0-1) 1.0 Which third-party entities are required by law to verify that the building plans are in Licensed 1.0 compliance with existing building regulations? (0-1) architect; Licensed engineer. Quality control during construction index (0-3) 1.0 What types of inspections (if any) are required by law to be carried out during construction? Inspections by in- 1.0 (0-2) house engineer; Inspections at various phases. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 0.0 inspections are not always done in practice during construction; Mandatory inspections are done most of the time during construction. Quality control after construction index (0-3) 3.0 Is there a final inspection required by law to verify that the building was built in accordance Yes, final 2.0 with the approved plans and regulations? (0-2) inspection is done by government agency. Do legally mandated final inspections occur in practice? (0-1) Final inspection 1.0 always occurs in practice. Liability and insurance regimes index (0-2) 1.5 Which parties (if any) are held liable by law for structural flaws or problems in the building Construction 0.5 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) company. Which parties (if any) are required by law to obtain an insurance policy to cover possible Construction 1.0 structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance company; or Decennial Insurance)? (0-1) Insurance is commonly taken in practice. Professional certifications index (0-4) 4.0 What are the qualification requirements for the professional responsible for verifying that the Minimum number 2.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) of years of experience; University degree in architecture or engineering; Being a registered architect or engineer. Page 22 Doing Business 2019 Pakistan What are the qualification requirements for the professional who supervises the construction Minimum number 2.0 on the ground? (0-2) of years of experience; University degree in engineering, construction or construction management; Being a registered architect or engineer. Page 23 Doing Business 2019 Pakistan Dealing with Construction Permits - Lahore Standardized Warehouse Estimated value of warehouse PKR 8,543,954.20 City Covered Lahore Indicator Lahore South Asia OECD high Best Regulatory income Performance Procedures (number) 20 15.2 12.7 None in 2017/18 Time (days) 266 165.5 153.1 None in 2017/18 Cost (% of warehouse value) 3.6 13.2 1.5 None in 2017/18 Building quality control index (0-15) 12.0 9.2 11.5 15.0 (3 Economies) Figure – Dealing with Construction Permits in Lahore and comparator economies – Ranking and Score DB 2019 Dealing with Construction Permits Score 0 100 73.81: India (Rank: 52) 65.16: China (Rank: 121) 60.82: Bangladesh (Rank: 138) 58.16: Lahore 51.13: Karachi Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scores are the simple average of the scores for each of the component indicators. Figure – Dealing with Construction Permits in Lahore – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 1.8 250 1.6 Cost (% of warehouse value) 1.4 200 1.2 Time (days) 150 1 0.8 100 0.6 0.4 50 0.2 0 0 1 2 *3 *4 *5 6 7 8 9 10 11 12 13 14 * 15 * 16 17 18 19 20 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 24 Doing Business 2019 Pakistan Figure – Dealing with Construction Permits in Lahore and comparator economies – Measure of Quality 15 14.0 12.0 12.5 11.1 Index score 10.0 10 9.2 5 0 Lahore Bangladesh China India Karachi South Asia Details – Dealing with Construction Permits in Lahore – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain Fard (letter from concerned authority confirming the land title) from 1 day PKR 150 the Land Revenue Management Information System Agency : Land Revenue Management Information system (LRMIS) BuildCo must obtain a letter ("Fard") from the Punjab Land Records Authority through either sub-registrar offices or facilitation centers confirming the title or land use, the dimensions of the plot, and the possible existence of any road widening, cut line, or reservation.most records are now digitized which allows the authorities to make the document available in a single day. 2 Obtain a No Objection Certificate on the Environmental Impact Assessment 105 days PKR 10,000 from the Environmental Protection Agency Agency : Environmental Protection Agency As per the Punjab Environmental Protection Act, 1997 (Amended in 2012) and the Environmental Impact Assessment Regulations of 2000, the building authority in Lahore requires either a no Objection Certificate from the Environmental Protection Agency or an initial environmental examination, depending on the risk category of a specific project. In some cases of low environmental risk the procedure may be waived. 3 Obtain an Undertaking on Stamp Paper 1 day PKR 1,000 Agency : Bank of Punjab Commercial and industrial construction projects are required by the Lahore Development Authority to submit an undertaking on Stamp paper and submit it to the Director of Town Planning for the payment of damages (BR 5 Form). The Stamp paper is obtained from the Bank of Punjab and must be notarized with an affidavit. The document stipulates that the owner or builder is solely responsible and liable if any damage is caused to life or limb of any person, adjoining properties, gas lines, telecommunication lines or electricity supply systems during the course of excavation for foundation and construction of the building. 4 Request and Obtain a building permit 60 days PKR 140,000 Agency : Lahore Development Authority (LDA) According to the Building and Zoning By Laws of 2007, in order to obtain approval to execute the works, the building company must apply in writing to the LDA and submit the following documents: a. Application form signed by the registered architect, the attorney-in-practice, and a registered structural engineer; b. Five sets of building plans (site plan, architectural drawings with elevations and sections, structural drawings, and stability certificate), each signed by the relevant professional (either the architect or the structural engineer); c. Proof of ownership (copy of the sale deed, copy of the allotment letter, or fard); d. Copy of the company’s memorandum of incorporation; e. Power of attorney to act on behalf of the company and a copy of the national identification card of the attorney-in-practice. If the building company does not receive a response to its application within 45 days of submission, it can send a written communication by registered post to the relevant authority. If such communication is not answered within 15 days, the building company can assume that the building plan approval has been granted and can start construction (as per Art. 27.6, Section 192, Fourth Schedule, Chapter 14 of the Punjab Local Government Ordinance, 2001). 5 Receive Site Inspection by the Lahore Development Authority 1 day no charge Agency : Lahore Development Authority An inspector from the Lahore Development Authority will visit the premises to verify whether the land is vacated or whether there are existing construction to be demolished. If there are such constructions, an objection will be raised and it will have to be fixed before proceeding to approve the building plan. Page 25 Doing Business 2019 Pakistan 6 Notify the local city government (LDA) in writing of the completion of 1 day no charge foundations Agency : Lahore Development Authority (LDA) Upon completion of the foundation level, BuildCo is required to notify the LDA so that they can conduct an inspection. 7 Receive foundations work inspection from the Lahore Development 1 day no charge Authority (LDA) Agency : Lahore Development Authority (LDA) Inspectors from LDA must inspect the building site when the foundations have been laid. Inspections are free of charge. 8 Submit the first floor Certificate Form to the Lahore Development Authority 1 day no charge (LDA) Agency : Lahore Development Authority (LDA) Per Art. 8(ii) of the 2001 Law, a certificate of durability in accordance with building plan must be obtained from architect and engineers concerned after the completion of each floor. 9 Receive first floor slab casting inspection from the Lahore Development 1 day no charge Authority (LDA) Agency : Lahore Development Authority (LDA) Inspectors from LDA must inspect the building site when the first floor slab casting has been laid. Inspections are free of charge. 10 Submit the second floor Certificate Form to the Lahore Development 1 day no charge Authority (LDA) Agency : Lahore Development Authority (LDA) Per Art. 8(ii) of the 2001 Law, a certificate of durability in accordance with building plan must be obtained from architect and engineers concerned after the completion of each floor. 11 Receive second floor slab casting inspection from the Lahore Development 1 day no charge Authority (LDA) Agency : Lahore Development Authority (LDA) Inspectors from LDA must inspect the building site when the second floor slab casting has been laid. Inspections are free of charge. 12 Request assessment copy of property unit from the Excise and Taxation 30 days no charge Department Agency : Excise & Taxation Department, Government of The Punjab BuildCo must obtain a copy of the property tax valuation and a copy of the certificate from the tax authorities confirming that the company does not owe them any money. These documents are submitted along with the water connection application. The Excise and Taxation Department of the Government of the Punjab provides the property tax valuation after the building is completed. The department inspects the building and issues a certificate to the owner of the building. The certificate provides an assessment of the value of the building. If BuildCo has any objections to this assessment, it is required to make them known within 14 days. Otherwise, the department issues a PT-1 Form, a certificate that provides the assessed value of the property and the resultant property tax to be charged. The following documents are needed: • An application providing information relating to the building • Title documents/ documents evidencing title of the property • Approved building plan • National identity card of the applicant 13 Receive inspection from the Excise and Taxation Department and obtain 1 day no charge the assessment copy of property unit Agency : Excise & Taxation Department, Government of The Punjab The department inspects the building and issues a certificate to the owner of the building. The certificate provides an assessment of the value of the building. 14 Request water and sewerage connection 60 days PKR 90,000 Agency : Water and Sewerage Authority (WASA) The following documents should be provided with the new connection form: - Attested photocopy of CNIC - Attested photocopy of sale deed/proof of ownership - Copy of the assessment of property unit - Site plan to indicate location of property Page 26 Doing Business 2019 Pakistan Receive Site Inspection for Water Connection 1 day no charge 15 Agency : Water and Sewerage Authority (WASA) WASA inspects the property to assess the works that are necessary to ensure that the building will connect to the water grid and ascertain feasibility according to building plan submitted. The inspection includes pipe location, size of connection and feasibility of water discharge requested among other technical conditions. Receive Site Inspection for Sewerage Connection 1 day no charge 16 Agency : Water and Sewerage Authority (WASA) WASA inspects the property to assess the works that are necessary to ensure that the building will connect to the sewage grid. They check where the pipes will connect and the size of the tubes depending on the amount of waste generated by the building. The water and sewerage inspections are separate. 17 Receive inspection for final water connection and installation of water 1 day no charge meter Agency : Water and Sewerage Authority (WASA) WASA inspects the property to ensure that works have been carried out according to the drawings submitted during the application process and feasibility inspection process. If inspection does not find any issues with the construction, WASA will install water meters and complete the final water connection. 18 Apply for completion certificate and request final inspection 1 day PKR 70,000 Agency : Lahore Development Authority (LDA) After the building is completed, a “notice of completion and permission for occupation” form is to be submitted along with the architect’s certificate. After receipt of this notice, the Lahore Development Authority (LDA) inspects the building to verify that it has been built according to the approved plans. 19 Receive final inspection 1 day no charge Agency : Lahore Development Authority (LDA) 20 Receive completion certificate from the Lahore Development Authority 60 days no charge (LDA) Agency : Lahore Development Authority (LDA) After the final inspection has taken place, and provided that the works have been carried out according to the approved building plan, the Lahore Development Authority (LDA) issues a certificate of completion. Takes place simultaneously with previous procedure. Page 27 Doing Business 2019 Pakistan Details – Dealing with Construction Permits in Lahore – Measure of Quality Answer Score Building quality control index (0-15) 12.0 Quality of building regulations index (0-2) 2.0 How accessible are building laws and regulations in your economy? (0-1) Available online; 1.0 Free of charge. Which requirements for obtaining a building permit are clearly specified in the building List of required 1.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Required preapprovals. Quality control before construction index (0-1) 1.0 Which third-party entities are required by law to verify that the building plans are in Licensed 1.0 compliance with existing building regulations? (0-1) architect; Licensed engineer. Quality control during construction index (0-3) 2.0 What types of inspections (if any) are required by law to be carried out during construction? Inspections by in- 1.0 (0-2) house engineer; Inspections at various phases. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 1.0 inspections are always done in practice. Quality control after construction index (0-3) 3.0 Is there a final inspection required by law to verify that the building was built in accordance Yes, final 2.0 with the approved plans and regulations? (0-2) inspection is done by government agency; Final inspection is not required by law. Do legally mandated final inspections occur in practice? (0-1) Final inspection 1.0 always occurs in practice; Final inspection occurs most of the time. Liability and insurance regimes index (0-2) 0.0 Which parties (if any) are held liable by law for structural flaws or problems in the building No party is held 0.0 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) liable under the law. Which parties (if any) are required by law to obtain an insurance policy to cover possible No party is 0.0 structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance required by law or Decennial Insurance)? (0-1) to obtain insurance . Professional certifications index (0-4) 4.0 What are the qualification requirements for the professional responsible for verifying that the Minimum number 2.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) of years of experience; University degree in architecture or engineering; Being a registered architect or engineer. Page 28 Doing Business 2019 Pakistan What are the qualification requirements for the professional who supervises the construction Minimum number 2.0 on the ground? (0-2) of years of experience; University degree in engineering, construction or construction management; Being a registered architect or engineer. Page 29 Doing Business 2019 Pakistan Getting Electricity This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally, the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to obtain an electricity connection To make the data comparable across economies, several assumptions about the (number) warehouse, the electricity connection and the monthly consumption are used. • Submitting all relevant documents and obtaining The warehouse: all necessary clearances and permits - Is owned by a local entrepreneur and is used for storage of goods. • Completing all required notifications and - Is located in the economy’s largest business city. For 11 economies the data are receiving all necessary inspections also collected for the second largest business city. • Obtaining external installation works and possibly - Is located in an area where similar warehouses are typically located and is in an purchasing material for these works area with no physical constraints. For example, the property is not near a railway. - Is a new construction and is being connected to electricity for the first time. • Concluding any necessary supply contract and obtaining final supply - Has two stories with a total surface area of approximately 1,300.6 square meters (14,000 square feet). The plot of land on which it is built is 929 square meters Time required to complete each procedure (10,000 square feet). (calendar days) The electricity connection: • Is at least 1 calendar day - Is a permanent one with a three-phase, four-wire Y connection with a subscribed • Each procedure starts on a separate day capacity of 140-kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 • Does not include time spent gathering kilowatt (kW). information - Has a length of 150 meters. The connection is to either the low- or medium-voltage distribution network and is either overhead or underground, whichever is more • Reflects the time spent in practice, with little common in the area where the warehouse is located and requires works that involve follow-up and no prior contact with officials the crossing of a 10-meter road (such as by excavation or overhead lines) but are all Cost required to complete each procedure (% of carried out on public land. There is no crossing of other owners’ private property because the warehouse has access to a road. income per capita) - Does not require work to install the internal wiring of the warehouse. This has • Official costs only, no bribes already been completed up to and including the customer’s service panel or • Value added tax excluded switchboard and the meter base. The reliability of supply and transparency of The monthly consumption: tariffs index (0-8) - It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 • Duration and frequency of power outages (0–3) p.m. (8 hours a day), with equipment utilized at 80% of capacity on average and that • Tools to monitor power outages (0–1) there are no electricity cuts (assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours (kWh); hourly consumption is 112 kWh. • Tools to restore power supply (0–1) - If multiple electricity suppliers exist, the warehouse is served by the cheapest • Regulatory monitoring of utilities’ performance supplier. (0–1) - Tariffs effective in January of the current year are used for calculation of the price of electricity for the warehouse. Although January has 31 days, for calculation • Financial deterrents limiting outages (0–1) purposes only 30 days are used. • Transparency and accessibility of tariffs (0–1) Price of electricity (cents per kilowatt-hour)* • Price based on monthly bill for commercial warehouse in case study *Note: Doing Business measures the price of electricity, but it is not included in the ease of doing business score nor the ranking on the ease of getting electricity. Page 30 Doing Business 2019 Pakistan Getting Electricity - Karachi Standardized Connection Price of electricity (US cents per kWh) 18.7 Name of utility K-Electric Ltd. City Covered Karachi Indicator Karachi South Asia OECD high Best Regulatory income Performance Procedures (number) 5 5.4 4.5 3 (25 Economies) Time (days) 185 98.3 77.2 18 (3 Economies) Cost (% of income per capita) 1587.1 1054.7 64.2 0.0 (3 Economies) Reliability of supply and transparency of tariff 0 2.1 7.5 8.0 (27 Economies) index (0-8) Figure – Getting Electricity in Karachi and comparator economies – Ranking and Score DB 2019 Getting Electricity Score 0 100 92.01: China (Rank: 14) 89.15: India (Rank: 24) 46.86: Lahore 43.62: Karachi 30.81: Bangladesh (Rank: 179) Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of the scores for all the component indicators except the price of electricity. Page 31 Doing Business 2019 Pakistan Figure – Getting Electricity in Karachi – Procedure, Time and Cost Time (days) Cost (% of income per capita) 1800 180 1600 160 Cost (% of income per capita) 1400 140 120 1200 Time (days) 100 1000 80 800 60 600 40 400 20 200 0 0 1 2 3 4 5 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Figure – Getting Electricity in Karachi and comparator economies – Measure of Quality 8 7 6.5 6 6 Index score 5 4 3 2.1 2 1 0 0 0 0 Karachi Bangladesh China India Lahore South Asia Page 32 Doing Business 2019 Pakistan Details – Getting Electricity in Karachi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to K-Electric Ltd. and await site inspection 30 calendar days PKR 200 Agency : K-Electric Ltd. Application form should be verified by the Licensed Electrical Contractor. The application should be accompanied with a copy of the computerized national identity card (CNIC) of the owner, a copy of the approved building plan, a copy of the approved layout plan, a copy of the trade license, the list of machinery & equipment (needs to be notarized), details of the chiller units (in case of centrally air conditioned units), a passport size photo of the applicant, a company letter head mentioning the name of the authorizing person (needs to be notarized), the CNIC number, and the NTN certificate from the federal board of revenue. 2 Obtain site inspection by K-Electric Ltd. and await estimate 21 calendar days PKR 0 Agency : K-Electric Ltd. After site inspection/survey, connection point is assessed, load flow study is done and schematic diagram is prepared after which verification from network department is carried out and load approval process is done. After load approval, cost estimation is prepared and delivered to applicant within 3 days. 3 Obtain wiring inspection 14 calendar days PKR 10,000 Agency : Electric Inspectorate Karachi To obtain the wiring test form from the Electric Inspectorate Karachi (EIK) - and once the internal works are completed - the contractor needs to give the address of the property so that EIK can proceed to test the internal wiring on-site. An inspector from EIK will then carry-out the inspection and issue the fitness certificate. It takes two calendar weeks on average from the time of the request to the time the fitness certificate is issued. 4 Pay estimate to K-Electric Ltd., and submit the internal wiring test report as 30 calendar days PKR 2,701,785.71 well as the delivery orders of the material Agency : K-Electric Ltd. The customer submits the wiring test and makes the payment of the connection estimate. The payment has to be made by cheque at the bank counter of the utility. The customer then nominates one of the pre-qualified contractors (if it hasn’t already) who purchases the material, after which he submits the delivery and order confirmations. K-electric will issue the following documents: • Bill of materials • Approved drawings • List of approved manufacturers / suppliers for supply of materials • List of contact details of manufacturers / suppliers • List of approved pre-qualified contractors for scheme execution • Letter of agreement for conformance to current KE specifications • Letter of conformance to current KE specifications (for transformers) • Letter of conformance to current KE specifications (for other materials) 5 Await external works, meter installation and electricity flow from K-Electric 90 calendar days PKR 0 Ltd. Agency : K-Electric Ltd. The pre-approved contractor conducts the works under the direct supervision of K-Electric technicians. The external connection works includes the erection of poles, the laying of HT/LT cables, the completion of PMT / Sub Station works, and the meter installation works. Once the works are completed, K-electric carries out the installation of the meter and then the electricity turn-on. Takes place simultaneously with previous procedure. Page 33 Doing Business 2019 Pakistan Details – Getting Electricity in Karachi – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 0 Total duration and frequency of outages per customer a year (0-3) 0 System average interruption duration index (SAIDI) .. System average interruption frequency index (SAIFI) .. What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 3.0 Mechanisms for monitoring outages (0-1) 1 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of Yes supply? Financial deterrents aimed at limiting outages (0-1) 1 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages Yes exceed a certain cap? Communication of tariffs and tariff changes (0-1) 0 Are effective tariffs available online? Yes Link to the website, if available online https://www.ke.com.p k/assets/uploads/201 6/08/SRO-571- updated.pdf Are customers notified of a change in tariff ahead of the billing cycle? No Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 34 Doing Business 2019 Pakistan Getting Electricity - Lahore Standardized Connection Price of electricity (US cents per kWh) 18.7 Name of utility Lahore Electricity Supply Company Ltd (LESCO) City Covered Lahore Indicator Lahore South Asia OECD high Best Regulatory income Performance Procedures (number) 6 5.4 4.5 3 (25 Economies) Time (days) 117 98.3 77.2 18 (3 Economies) Cost (% of income per capita) 1582 1054.7 64.2 0.0 (3 Economies) Reliability of supply and transparency of tariff 0 2.1 7.5 8.0 (27 Economies) index (0-8) Figure – Getting Electricity in Lahore and comparator economies – Ranking and Score DB 2019 Getting Electricity Score 0 100 92.01: China (Rank: 14) 89.15: India (Rank: 24) 46.86: Lahore 43.62: Karachi 30.81: Bangladesh (Rank: 179) Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of the scores for all the component indicators except the price of electricity. Page 35 Doing Business 2019 Pakistan Figure – Getting Electricity in Lahore – Procedure, Time and Cost Time (days) Cost (% of income per capita) 1800 1600 100 Cost (% of income per capita) 1400 80 1200 Time (days) 1000 60 800 40 600 400 20 200 0 0 1 2 3 4 5 6 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Figure – Getting Electricity in Lahore and comparator economies – Measure of Quality 8 7 6.5 6 6 Index score 5 4 3 2.1 2 1 0 0 0 0 Lahore Bangladesh China India Karachi South Asia Page 36 Doing Business 2019 Pakistan Details – Getting Electricity in Lahore – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to LESCO and await site inspection 30 calendar days PKR 0 Agency : LESCO The application form should be verified by a Licensed Electrical Contractor. It should be accompanied with a copy of the computerized national identity card (CNIC) of the owner, a copy of the approved building plan, a copy of the approved layout plan, a copy of the trade license, the list of machinery, the equipment, details of chiller units (in case of centrally air conditioned units), a passport size photo of applicants, and a company letter head mentioning name of authorizing person and his CNIC number. The client submits the application to the marketing department of LESCO, which forwards it to the concerned authority in charge of the relevant load. 2 Obtain site inspection by LESCO and receive estimate 30 calendar days PKR 0 Agency : LESCO 3 Obtain wiring inspection 14 calendar days PKR 1,480 Agency : Electrical Inspector from Punjab Energy Department Contractor has to collect this test form from the Punjab Energy Department (they issue one form per connection application). He/she only needs to give the address of the property to obtain the form. The form certifies that the internal wiring complies with technical and safety norms. 4 Pay estimate to LESCO, and submit the internal wiring test report 1 calendar day PKR 2,701,785.71 Agency : LESCO The payment has to be made by cheque at the Bank counter of the utility. The internal wiring test report form is obtained by the licensed contractor testifying that the electrical wiring of the warehouse has been tested and meets the required testing guidelines. 5 Receive external works and await final inspection 28 calendar days PKR 0 Agency : Electrical Contractor The contractor of the client carries out the external connection. First an order has to be placed for the material through an accredited store. For the transformer, the store will put in a request with LESCO for the inspection and approval of the materials. Once approved, the contractor is notified to pay and collect the transformer. The external works themselves include the erection of poles, laying of HT/LT cables, and the completion of the PMT/Sub Station. Upon completion of the works, the contractor informs LESCO so that they can perform an inspection of the works - as well as the installation of the meter. 6 Receive inspection of external works, meter installation and electricity flow 14 calendar days PKR 0 from LESCO Agency : LESCO LESCO will come on site to carry-out an external inspection, after which a completion report will be issued. Once the report is signed and stamped, the external works are approved and LESCO can come and install the meter. Electricity can then be supplied. Takes place simultaneously with previous procedure. Page 37 Doing Business 2019 Pakistan Details – Getting Electricity in Lahore – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 0 Total duration and frequency of outages per customer a year (0-3) 0 System average interruption duration index (SAIDI) .. System average interruption frequency index (SAIFI) .. What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 3.0 Mechanisms for monitoring outages (0-1) 1 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of Yes supply? Financial deterrents aimed at limiting outages (0-1) 1 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages Yes exceed a certain cap? Communication of tariffs and tariff changes (0-1) 0 Are effective tariffs available online? Yes Link to the website, if available online http://www.lesco.gov. pk/3000063 Are customers notified of a change in tariff ahead of the billing cycle? No Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 38 Doing Business 2019 Pakistan Registering Property This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The quality of land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal access to property rights. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally transfer title on To make the data comparable across economies, several assumptions about the immovable property (number) parties to the transaction, the property and the procedures are used. • Preregistration procedures (for example, The parties (buyer and seller): checking for liens, notarizing sales agreement, paying property transfer taxes) - Are limited liability companies (or the legal equivalent). - Are located in the periurban area of the economy’s largest business city. For 11 • Registration procedures in the economy's largest economies the data are also collected for the second largest business city. business city. - Are 100% domestically and privately owned. • Postregistration procedures (for example, filling - Have 50 employees each, all of whom are nationals. title with municipality) - Perform general commercial activities. Time required to complete each procedure The property (fully owned by the seller): (calendar days) - Has a value of 50 times income per capita, which equals the sale price. • Does not include time spent gathering - Is fully owned by the seller. information - Has no mortgages attached and has been under the same ownership for the past • Each procedure starts on a separate day - 10 years. though procedures that can be fully completed - Is registered in the land registry or cadastre, or both, and is free of title disputes. online are an exception to this rule - Is located in a periurban commercial zone, and no rezoning is required. - Consists of land and a building. The land area is 557.4 square meters (6,000 • Procedure is considered completed once final square feet). A two-story warehouse of 929 square meters (10,000 square feet) is document is received located on the land. The warehouse is 10 years old, is in good condition, has no • No prior contact with officials heating system and complies with all safety standards, building codes and legal requirements. The property, consisting of land and building, will be transferred in its Cost required to complete each procedure (% of entirety. property value) - Will not be subject to renovations or additional construction following the purchase. • Official costs only (such as administrative fees, - Has no trees, natural water sources, natural reserves or historical monuments of duties and taxes). any kind. - Will not be used for special purposes, and no special permits, such as for • Value Added Tax, Capital Gains Tax and illicit residential use, industrial plants, waste storage or certain types of agricultural payments are excluded activities, are required. - Has no occupants, and no other party holds a legal interest in it. Quality of land administration index (0-30) • Reliability of infrastructure index (0-8) • Transparency of information index (0–6) • Geographic coverage index (0–8) • Land dispute resolution index (0–8) • Equal access to property rights index (-2–0) Page 39 Doing Business 2019 Pakistan Registering Property - Karachi Indicator Karachi South Asia OECD high Best Regulatory income Performance Procedures (number) 8 6.8 4.7 1 (4 Economies) Time (days) 208 114.1 20.1 1 (New Zealand) Cost (% of property value) 4.2 6.9 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 7.0 8.8 23.0 None in 2017/18 Figure – Registering Property in Karachi and comparator economies – Ranking and Score DB 2019 Registering Property Score 0 100 80.80: China (Rank: 27) 66.38: Lahore 43.55: India (Rank: 166) 34.47: Karachi 28.91: Bangladesh (Rank: 183) Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average of the scores for each of the component indicators. Figure – Registering Property in Karachi – Procedure, Time and Cost Time (days) Cost (% of property value) 4.5 200 4 Cost (% of property value) 3.5 150 3 Time (days) 2.5 100 2 1.5 50 1 0.5 0 0 1 *2 *3 4 5 6 7 8 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 40 Doing Business 2019 Pakistan Figure – Registering Property in Karachi and comparator economies – Measure of Quality 30 25 23.7 Index score 20 15 14.0 10 8.7 8.8 7.0 6.5 5 0 Karachi Bangladesh China India Lahore South Asia Details – Registering Property in Karachi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtaining a Sales Certificate (or Non Objection Certificate) 14 days PKR 300 Agency : District Officer Board of Revenue (Mukhtiarkar and Assistant Commissioner) The Deputy District Officer of the Board of Revenue or the District Officer Board of Revenue (Mukhtiarkar), issue a "Sales Certificate" (No Objection Certificate) in favor of the Seller permitting the sale of the property, provided that the entire amount due and payable in respect of the property has been satisfied. Since 2016, the Board of Revenue implemented standardized sales certificate which is printed on a secure, QR code encoded, verifiable paper. The veracity of the Sales Certificate can be checked online at https://sindhzameen.gos.pk/demo_Registries/prcCNIC.aspx Please note that other Land Registration Authorities in Karachi might have a different procedures to issue their Non Objection Certificates when applicable. 2 Advertisement of transaction in newspapers inviting objections 8 days PKR 10,000 Agency : Local Newspaper A Public notice is placed in two different newspapers having circulation of 100,000 copies, (usually in English and in Urdu newspaper), inviting objections/claims. After publication, there is commonly a seven-day waiting time for arrival of objections, if any. Advertisement is published in local newspapers (dailies) having a large circulation. Simultaneously, the buyer will verify the authenticity of the documents presented by the seller as well his authority to act on behalf of the company to sell this property. At the same time, there is a checking for any encumbrances. There is no specific legal requirement to advertise the property transfer but it is a common practice to reduce the risk of disputes. 3 Conduct title search 7 days no charge Agency : Sub-Registrar's office As a part of the due diligence procedure, it is a common practice to search the books and verify whether the counterpart actually owns the property. Lawyers also look into the previous owners. The process is completely manual and does not have cost. 4 Hire deed writer or lawyer to draft sale purchase agreement 5 days PKR 7,500; (PKR Agency : Deed writer or lawyer 5,000-10,000) It is common practice in Pakistan to hire a lawyer to draft the sale purchase agreement. There is a checklist now available online with list of documents required for registration, although practices might change depending on the sub-registrar office. Additionally, the Board of Revenue has uploaded standardized deeds in https://sindhzameen.gos.pk/demo_Registries/templates.aspx on February 2017. Page 41 Doing Business 2019 Pakistan 5 Payment of stamp duty, capital value tax, Town tax and registration fee 1 day PKR 341,758.17; (2% Agency : Government Treasury or National Bank of Pakistan of property price The following payments must be made: (i) Conveyance stamp duty 2% of (stamp duty) + 1% of property value; (ii) The capital value tax (CVT) of 2.5% of the property value. property price After the 18th constitutional amendment (April, 2010), the CVT on property was (registration fee)+ 1% transferred to the provincial governments. CVT is applicable in urban areas for Town Tax + 2.5 % of residential property exceeding an area of one kanal and in case of commercial properties without any threshold of land area or size of the property. However, the property price where the value of such property is not recorded, the CVT is payable at Rs. 100 (Capital value tax) per square yard of land area; (iii) 1% of property value for the registration fee; Capital value tax is and (iv) 1% of the property value for the Town Tax Fees are paid at the not included into cost Government Treasury or National Bank of Pakistan, an autonomous bank jointly estimates.) owned by Government of Pakistan and public, who issue receipt of money which is taken to the Stamp office of the Government. The receipt of payment is taken to the Stamp Office of the Government. The Stamp office will, upon production of receipt, issue a stamp paper of the value (money deposited) on the Sale Deed. Such typed stamp paper will be presented later before the Registrar, who registers the change of ownership. Board of Revenue has introduced Property Tax Calculator online which can be used to calculate the applicable taxes easily and same can be paid at any Government Treasury/National Bank of Pakistan. Upon presentation of paid challan, Office of Stamps issue a stamp paper with calculated amount of stamps on it. The Stamp paper is then used to print the deed which was prepared in procedure No.4. 6 Receipt of payment is taken to Stamp Office 1 day no charge Agency : Stamp Office of the Government The receipt of payment obtained in Procedure 5 is taken to the Stamp Office of the Government. The Stamp office will, upon production of receipt, issue a stamp paper of the value (money deposited) on the Sale Deed. Such typed stamp paper will be presented later before the Registrar, who registers the change of ownership. 7 Execution and registration of the deed before the registration authority 180 days no charge Agency : Sub-Registrar of Conveyance/Assurances The conveyance deed must be executed before the registering authority. Execution of the deed is done before the Sub-Registrar of Conveyance/Assurances of the area, official responsible under the Registration Act. Registration of the deed automatically follows the execution of sale deed. A receipt is issued immediately, but the deed is delivered a few moths later. The name of the buyer is recorded in the new deed, showing the change in ownership. The documentation shall include: (i) Conveyance/Sale Deed (stamped after payment in Procedure 5); (ii) ID of parties; (iii) Original title deed of seller; (iv) Sales Certificate (obtained in Procedure 1); and (v) If the parties have authorized someone else through a power of attorney, the power of attorney in original with copies. After submitting the required documents, the parties will arrange an appointment to sign and execute the sales deed in front of the sub-registrar. After executing the deed, the registrar sends the transfer instrument to the scanning unit (there are two in Karachi). The scanning unit scans the deed and inputs essential information in the electronic database for indexation of the sales deed, publishing this information online in the Board of Revenue´s website. The sales deed is then sent back to the sub-registrar office to be delivered to the buyer. 8 Mutation 7 days PKR 500 Agency : Board of Revenue (or any Relevant land authority) Once the registration process is completed, and the sale deed has been collected from the registrar office, the mutation processes is carried out at the relevant land owning authority for transfer of ownership. The mutation is the process of obtaining the new title document. A property mutation is simply the change of title ownership under certain conditions such as sale/purchase or death of an owner and even if the property is bought through a power of attorney (PoA). Through mutation, while the new owner gets the property in his name, the government is able to charge property tax from the right owner. Takes place simultaneously with previous procedure. Page 42 Doing Business 2019 Pakistan Details – Registering Property in Karachi – Measure of Quality Answer Score Reliability of infrastructure index (0-8) 0.0 What is the institution in charge of immovable property registration? Office of Sub- Registrar In what format are the majority of title or deed records kept in the largest business city—in a Paper 0.0 paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions No 0.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Land Revenue Department, Board of Revenue In what format are the majority of maps of land plots kept in the largest business city—in a Paper 0.0 paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for recording boundaries, checking plans and providing No 0.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Separate 0.0 or mapping agency kept in a single database, in different but linked databases or in separate databases databases? Do the immovable property registration agency and cadastral or mapping agency use the No 0.0 same identification number for properties? Transparency of information index (0–6) 3.5 Who is able to obtain information on land ownership at the agency in charge of immovable Anyone who 1.0 property registration in the largest business city? pays the official fee Is the list of documents that are required to complete any type of property transaction made Yes, online 0.5 publicly available–and if so, how? Link for online access: https://sindhzame en.gos.pk/pdf/do c_Registrationof Property.pdf Is the applicable fee schedule for any property transaction at the agency in charge of Yes, online 0.5 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: https://sindhzame en.gos.pk/pdf/Fe e_Notification.pdf Does the agency in charge of immovable property registration commit to delivering a legally No 0.0 binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the agency in charge of immovable property registration? Contact information: Are there publicly available official statistics tracking the number of transactions at the Yes 0.5 immovable property registration agency? Number of property transfers in the largest business city in 2017: 75427.0 Who is able to consult maps of land plots in the largest business city? Anyone who 0.5 pays the official fee Is the applicable fee schedule for accessing maps of land plots made publicly available— Yes, online 0.5 and if so, how? Page 43 Doing Business 2019 Pakistan Link for online access: https://sindhzame en.gos.pk/pdf/Fe e_Notification.pdf Does the cadastral or mapping agency commit to delivering an updated map within a No 0.0 specific time frame—and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the cadastral or mapping agency? Contact information: Geographic coverage index (0–8) 0.0 Are all privately held land plots in the economy formally registered at the immovable property No 0.0 registry? Are all privately held land plots in the largest business city formally registered at the No 0.0 immovable property registry? Are all privately held land plots in the economy mapped? No 0.0 Are all privately held land plots in the largest business city mapped? No 0.0 Land dispute resolution index (0–8) 3.5 Does the law require that all property sale transactions be registered at the immovable Yes 1.5 property registry to make them opposable to third parties? Is the system of immovable property registration subject to a state or private guarantee? No 0.0 Is there a specific compensation mechanism to cover for losses incurred by parties who No 0.0 engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Does the legal system require a control of legality of the documents necessary for a property Yes 0.5 transaction (e.g., checking the compliance of contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar; Does the legal system require verification of the identity of the parties to a property Yes 0.5 transaction? If yes, who is responsible for verifying the identity of the parties? Registrar; Is there a national database to verify the accuracy of identity documents? Yes 1.0 For a standard land dispute between two local businesses over tenure rights of a property District Courts worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? How long does it take on average to obtain a decision from the first-instance court for such a More than 3 0.0 case (without appeal)? years Are there any statistics on the number of land disputes in the first instance? No 0.0 Number of land disputes in the largest business city in 2017: Equal access to property rights index (-2–0) 0.0 Do unmarried men and unmarried women have equal ownership rights to property? Yes Do married men and married women have equal ownership rights to property? Yes 0.0 Page 44 Doing Business 2019 Pakistan Registering Property - Lahore Indicator Lahore South Asia OECD high Best Regulatory income Performance Procedures (number) 6 6.8 4.7 1 (4 Economies) Time (days) 25.5 114.1 20.1 1 (New Zealand) Cost (% of property value) 4.2 6.9 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 14.0 8.8 23.0 None in 2017/18 Figure – Registering Property in Lahore and comparator economies – Ranking and Score DB 2019 Registering Property Score 0 100 80.80: China (Rank: 27) 66.38: Lahore 43.55: India (Rank: 166) 34.47: Karachi 28.91: Bangladesh (Rank: 183) Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average of the scores for each of the component indicators. Figure – Registering Property in Lahore – Procedure, Time and Cost Time (days) Cost (% of property value) 25 4.5 4 Cost (% of property value) 20 3.5 3 Time (days) 15 2.5 2 10 1.5 1 5 0.5 0 0 1 2 3 4 5 6 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 45 Doing Business 2019 Pakistan Figure – Registering Property in Lahore and comparator economies – Measure of Quality 30 25 23.7 Index score 20 15 14.0 10 8.7 8.8 6.5 7.0 5 0 Lahore Bangladesh China India Karachi South Asia Details – Registering Property in Lahore – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain the Fard (ownership and non-encumbrance certificate) 1 day PKR 150 Agency : Punjab Land Records Authority or any Facilitation Center In order to start the property transfer and registration process, the seller must obtain a Fard for sale at the Punjab Land Records Authority or in the Facilitation Centers. The Fard for sale is an ownership certificate with the details of the property, the owner, the boundaries and any liens on the property as registered in the Records of Rights. The Fard for Sale not only provides information but also acts as a Non Objection Certificate, authorizing the seller to proceed with the transaction. If there is an issue with the property (such a stay order, or a outstanding debt with the Tax Authority), there will be a mark in the Record of Rights which will have to be lifted before the Fard of Sale can be issued. Seller must attend in person with their CNIC (Id document) and will provide the Khatauni number (ownership holding record) of the property or the name of the owner. It is also possible to obtain a Fard for information purposes, but it will not display all the information regarding liens or charges. It is also possible to check basic ownership information online at the PLRA's website: http://plra.punjab- zameen.gov.pk/HaqooqEAraaziSearch (for Records of Rights) and registered deeds as well. Note that if the property would be located in an area owned by another Land Authority, such as Lahore Development Authority or Defense Housing Authority, a FARD might not be available, and the seller will have to request a transfer/allotment letter proving ownership in these authorities. 2 Obtain a PT1 form at the Excise and Taxation Department to verify whether 5 days PKR 20 the property has outstanding debts related to the property tax Agency : Excise and Taxation Department As a part of the common due diligence carried out by lawyers over the property to verify whether the property is free of charges and liabilities, a PT1 form is requested at the Excise and Taxation Department of the Government of Punjab. The PT1 form is prescribed under the Property Tax Act of 1958. The PT1 register is the basic documents in property tax record. In this register the particulars, descriptions, ownership, possessions, use, gross annual rental value, and the annual rental value of the properties are mentioned. The PT1 form is an extract of the records that tracks the physical characteristics of a given immovable property in order to valuate the applicable property tax. More importantly, it shows the property tax levied on the property, and whether this property has any outstanding debts related to that tax. Since this information is not recorded in the Record of Rights (Intiqal), lawyers need to verify property tax information with the Taxation and Excise Department. This document is not required by the PLRA in order to register the sales deed or to proceed with the Mutation of the Record of Rights. The PT1 form application is requested on plain paper bearing a court fee stamp of PKR.20. The PT1 form is obtained within 2-4 days. 3 Hire the deed writer or the lawyer to draft the sale purchase agreement 3 days PKR 12,500 Agency : Lawyer It is common practice in Pakistan to hire a lawyer to draft the sale purchase agreement. People who cannot afford lawyers hire a deed writer costing around PKP 1,000. The Punjab Land Records Authority has uploaded standardized deeds to the public at large, both in English and Urdu in: https://rodportal.punjab- zameen.gov.pk/specimen/ Page 46 Doing Business 2019 Pakistan 4 Payment of the stamp duty, capital value tax, town tax and registration fee Less than one day, PKR 342,258.17; (2% Agency : Board of Revenue (e-stamping) online of the property price Following payments must be made: (Capital value tax) (i) Conveyance stamp duty 3% of property value. (not included in (ii) The capital value tax (CVT) is set at 2% of the property value (Punjab Finance calculations) Act, 2010). (This tax is not included in cost calculations.) + 3% of property (iii) PKR 500 flat fee for for the registration fee. (iv) 1% of the property value for the Town Tax price (stamp duty) + PKR 500 All the fees are paid at the Bank of Punjab only through generating the challan (Registration fee) from the website + 1% Town Tax) https://es.punjab.gov.pk/eStampCitizenPortal/ChallanFormView/AddChallan? name=GenerateChallan&vCount=4384683&agree=true. All the stamp papers have been converted into the e-stamp papers and only issued from the Bank of Punjab. The e-stamp number can be verified online. 5 Receipt of the payment is submitted to the Bank of Punjab to obtain stamp 1 day no charge papers Agency : Bank of Punjab The receipt of payment obtained in Procedure 4 is taken to the Stamp Office of the Government. The Stamp office will, upon production of receipt, issue a stamp paper of the value (money deposited) on the Sale Deed. Such typed stamp paper will be presented later before the Registrar, who registers the change of ownership. 6 Execution and registration of a deed before the registration authority 15 days PKR 1,000 Agency : Sub-Registrar of Conveyance/Assurances The conveyance deed must be executed before the registering authority. Execution of the deed is done before the Sub-Registrar of Conveyance/Assurances of the Tehsil (9 in Lahore), official responsible under the Registration Act. Registration of the deed automatically follows the execution of sale deed. A receipt is issued immediately, but the deed is delivered within a week. A computerized system has been put in place at the sub-registrar offices which is linked with the Arazi Record Center's system. Now, the sales deed is presented at the computer section where all the data entry of the deeds is being uploaded in the system. The clerk captures thumb impressions, digital pictures of the parties and scans the sales deed. On the same day it is sent as a hard and soft formats to the Sub-Registrar. The Sub- Registrar verifies all the information in the software system, without the parties needing to see him to proceed to execute the deed. Once he approves the registration of the sales deed, the deed is ready to be picked up by the parties and at the same time the information of the deed is sent to the Arazi Record Center to proceed for the mutation. The name of the buyer is recorded in the new deed, showing the change in ownership. The documentation shall include: Conveyance/Sale Deed ID of parties Original title deed of seller If parties have authorized someone else through a power of attorney, the power of attorney in original with copies. At the Arazi Record Center, officials authorized to change the records receive the sales deed information. They would review the information and proceed to change the Records of Rights if there are no objections. The result of the mutation (Intiqal) is then communicated to the buyer within a week. A property mutation is the change of the title ownership under certain conditions such as sale/purchase or death of an owner and even if the property is bought through a power of attorney (PoA). Through mutation, while the new owner gets the property in his name, the government is able to charge property tax from the right owner. The buyer will conduct post registration procedures, such as changing the name at the utility companies, property taxation and municipal services. Takes place simultaneously with previous procedure. Page 47 Doing Business 2019 Pakistan Details – Registering Property in Lahore – Measure of Quality Answer Score Reliability of infrastructure index (0-8) 6.0 What is the institution in charge of immovable property registration? Punjab Land Records Authority (PLRA) In what format are the majority of title or deed records kept in the largest business city—in a Computer/Fully 2.0 paper format or in a computerized format (scanned or fully digital)? digital Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions Yes 1.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Punjab Land Records Authority (PLRA) In what format are the majority of maps of land plots kept in the largest business city—in a Computer/Scann 1.0 paper format or in a computerized format (scanned or fully digital)? ed Is there an electronic database for recording boundaries, checking plans and providing Yes 1.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Different 1.0 or mapping agency kept in a single database, in different but linked databases or in separate databases but databases? linked Do the immovable property registration agency and cadastral or mapping agency use the No 0.0 same identification number for properties? Transparency of information index (0–6) 4.5 Who is able to obtain information on land ownership at the agency in charge of immovable Anyone who 1.0 property registration in the largest business city? pays the official fee Is the list of documents that are required to complete any type of property transaction made Yes, online 0.5 publicly available–and if so, how? Link for online access: https://rodportal.p unjab- zameen.gov.pk/re quirements/ Is the applicable fee schedule for any property transaction at the agency in charge of Yes, online 0.5 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: https://rodportal.p unjab- zameen.gov.pk/fe e-schedule Does the agency in charge of immovable property registration commit to delivering a legally Yes, online 0.5 binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Link for online access: https://rodportal.p unjab- zameen.gov.pk/pr ocess Is there a specific and separate mechanism for filing complaints about a problem that Yes 1.0 occurred at the agency in charge of immovable property registration? Contact information: https://rodportal.p unjab- zameen.gov.pk/c omplaint- management-cell Are there publicly available official statistics tracking the number of transactions at the No 0.0 immovable property registration agency? Page 48 Doing Business 2019 Pakistan Number of property transfers in the largest business city in 2017: Total registered deeds in Punjab was 90,839 in 2017. However, there are no specific reports regarding property transfers registered in Lahore. Who is able to consult maps of land plots in the largest business city? Anyone who 0.5 pays the official fee Is the applicable fee schedule for accessing maps of land plots made publicly available— Yes, in person 0.0 and if so, how? Link for online access: Does the cadastral or mapping agency commit to delivering an updated map within a No 0.0 specific time frame—and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that Yes 0.5 occurred at the cadastral or mapping agency? Contact information: https://rodportal.p unjab- zameen.gov.pk/c omplaint- management-cell Geographic coverage index (0–8) 0.0 Are all privately held land plots in the economy formally registered at the immovable property No 0.0 registry? Are all privately held land plots in the largest business city formally registered at the No 0.0 immovable property registry? Are all privately held land plots in the economy mapped? No 0.0 Are all privately held land plots in the largest business city mapped? No 0.0 Land dispute resolution index (0–8) 3.5 Does the law require that all property sale transactions be registered at the immovable Yes 1.5 property registry to make them opposable to third parties? Is the system of immovable property registration subject to a state or private guarantee? No 0.0 Is there a specific compensation mechanism to cover for losses incurred by parties who No 0.0 engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Does the legal system require a control of legality of the documents necessary for a property Yes 0.5 transaction (e.g., checking the compliance of contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar; Does the legal system require verification of the identity of the parties to a property Yes 0.5 transaction? If yes, who is responsible for verifying the identity of the parties? Registrar; Is there a national database to verify the accuracy of identity documents? Yes 1.0 For a standard land dispute between two local businesses over tenure rights of a property District Court worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? How long does it take on average to obtain a decision from the first-instance court for such a More than 3 0.0 case (without appeal)? years Are there any statistics on the number of land disputes in the first instance? No 0.0 Page 49 Doing Business 2019 Pakistan Number of land disputes in the largest business city in 2017: Equal access to property rights index (-2–0) 0.0 Do unmarried men and unmarried women have equal ownership rights to property? Yes Do married men and married women have equal ownership rights to property? Yes 0.0 Page 50 Doing Business 2019 Pakistan Getting Credit This topic explores two sets of issues—the strength of credit reporting systems and the effectiveness of collateral and bankruptcy laws in facilitating lending. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Strength of legal rights index (0–12) Doing Business assesses the sharing of credit information and the legal rights of borrowers and lenders with respect to secured transactions through 2 sets of • Rights of borrowers and lenders through indicators. The depth of credit information index measures rules and practices collateral laws (0-10) affecting the coverage, scope and accessibility of credit information available • Protection of secured creditors’ rights through through a credit registry or a credit bureau. The strength of legal rights index bankruptcy laws (0-2) measures the degree to which collateral and bankruptcy laws protect the rights of borrowers and lenders and thus facilitate lending. For each economy it is first Depth of credit information index (0–8) determined whether a unitary secured transactions system exists. Then two case • Scope and accessibility of credit information scenarios, case A and case B, are used to determine how a nonpossessory security distributed by credit bureaus and credit registries interest is created, publicized and enforced according to the law. Special emphasis (0-8) is given to how the collateral registry operates (if registration of security interests is possible). The case scenarios involve a secured borrower, company ABC, and a Credit bureau coverage (% of adults) secured lender, BizBank. • Number of individuals and firms listed in largest In some economies the legal framework for secured transactions will allow only case credit bureau as a percentage of adult population A or case B (not both) to apply. Both cases examine the same set of legal provisions Credit registry coverage (% of adults) relating to the use of movable collateral. • Number of individuals and firms listed in credit Several assumptions about the secured borrower (ABC) and lender (BizBank) registry as a percentage of adult population are used: - ABC is a domestic limited liability company (or its legal equivalent). - ABC has up to 50 employees. - ABC has its headquarters and only base of operations in the economy’s largest business city. For 11 economies the data are also collected for the second largest business city. - Both ABC and BizBank are 100% domestically owned. The case scenarios also involve assumptions. In case A, as collateral for the loan, ABC grants BizBank a nonpossessory security interest in one category of movable assets, for example, its machinery or its inventory. ABC wants to keep both possession and ownership of the collateral. In economies where the law does not allow nonpossessory security interests in movable property, ABC and BizBank use a fiduciary transfer-of-title arrangement (or a similar substitute for nonpossessory security interests). In case B, ABC grants BizBank a business charge, enterprise charge, floating charge or any charge that gives BizBank a security interest over ABC’s combined movable assets (or as much of ABC’s movable assets as possible). ABC keeps ownership and possession of the assets. Page 51 Doing Business 2019 Pakistan Getting Credit - Karachi Indicator Karachi South Asia OECD high Best Regulatory income Performance Strength of legal rights index (0-12) 2 5.5 6.1 12 (5 Economies) Depth of credit information index (0-8) 7 4.0 6.7 8 (42 Economies) Credit registry coverage (% of adults) 10.7 4.8 21.8 100.0 (4 Economies) Credit bureau coverage (% of adults) 7.2 18.5 65.3 100.0 (25 Economies) Figure – Getting Credit in Karachi and comparator economies – Ranking and Score DB 2019 Getting Credit Score 0 100 80.00: India (Rank: 22) 60.00: China (Rank: 73) 45.00: Karachi 45.00: Lahore 25.00: Bangladesh (Rank: 161) Note: The ranking of economies on the ease of getting credit is determined by sorting their scores for getting credit. These scores are the sum of the scores for the strength of legal rights index and the depth of credit information index. Figure – Legal Rights in Karachi and comparator economies 9 8 7 6 5.5 Index Score 5 5 4 4 3 2 2 2 1 0 Karachi Bangladesh China India Lahore South Asia Page 52 Doing Business 2019 Pakistan Details – Legal Rights in Karachi Strength of legal rights index (0-12) 2 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and No enforcement of functional equivalents to security interests in movable assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of movable assets, without Yes requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a Yes specific description of collateral? May a security right extend to future or after-acquired assets, and does it extend automatically to the products, proceeds and No 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 No secured between parties; and can the collateral agreement 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 No asset type, with an electronic database indexed by debtor's name? Does a notice-based collateral registry exist in which all functional equivalents can be registered? No Does a modern collateral registry exist in which registrations, amendments, cancellations and searches can be performed No online by any interested third party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor defaults outside an insolvency No procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is liquidated? No Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization No procedure? Does the law protect secured creditors’ rights by providing clear grounds for relief from the stay and sets a time limit for it? Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow No the secured creditor to sell the collateral through public auction or private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Figure – Credit Information in Karachi and comparator economies 8 8 7 7 7 7 6 Index Score 5 4.0 4 3 2 1 0 0 Karachi Bangladesh China India Lahore South Asia Page 53 Doing Business 2019 Pakistan Details – Credit Information in Karachi Depth of credit information index (0-8) Credit Credit Score bureau registry Are data on both firms and individuals distributed? No Yes 1 Are both positive and negative credit data distributed? Yes No 1 Are data from retailers or utility companies - in addition to data from banks and No No 0 financial institutions - distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries Yes No 1 that distribute more than 10 years of negative data or erase data on 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 capita distributed? Yes Yes 1 By law, do borrowers have the right to access their data in the credit bureau or Yes No 1 credit registry? Can banks and financial institutions access borrowers’ credit information online Yes Yes 1 (for example, through an online platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value-added service to help Yes No 1 banks and financial institutions assess the creditworthiness of borrowers? Total Score ("yes" to either public bureau or private registry) 7 Note: 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. Coverage Credit bureau Credit registry Number of individuals 8,619,261 12,667,854 Number of firms 0 125,763 Total 8,619,261 12,793,617 Percentage of adult population 7.2 10.7 Page 54 Doing Business 2019 Pakistan Getting Credit - Lahore Indicator Lahore South Asia OECD high Best Regulatory income Performance Strength of legal rights index (0-12) 2 5.5 6.1 12 (5 Economies) Depth of credit information index (0-8) 7 4.0 6.7 8 (42 Economies) Credit registry coverage (% of adults) 10.7 4.8 21.8 100.0 (4 Economies) Credit bureau coverage (% of adults) 7.2 18.5 65.3 100.0 (25 Economies) Figure – Getting Credit in Lahore and comparator economies – Ranking and Score DB 2019 Getting Credit Score 0 100 80.00: India (Rank: 22) 60.00: China (Rank: 73) 45.00: Karachi 45.00: Lahore 25.00: Bangladesh (Rank: 161) Note: The ranking of economies on the ease of getting credit is determined by sorting their scores for getting credit. These scores are the sum of the scores for the strength of legal rights index and the depth of credit information index. Figure – Legal Rights in Lahore and comparator economies 9 8 7 6 5.5 Index Score 5 5 4 4 3 2 2 2 1 0 Lahore Bangladesh China India Karachi South Asia Page 55 Doing Business 2019 Pakistan Details – Legal Rights in Lahore Strength of legal rights index (0-12) 2 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and No enforcement of functional equivalents to security interests in movable assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of movable assets, without Yes requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a Yes specific description of collateral? May a security right extend to future or after-acquired assets, and does it extend automatically to the products, proceeds and No 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 No secured between parties; and can the collateral agreement 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 No asset type, with an electronic database indexed by debtor's name? Does a notice-based collateral registry exist in which all functional equivalents can be registered? No Does a modern collateral registry exist in which registrations, amendments, cancellations and searches can be performed No online by any interested third party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor defaults outside an insolvency No procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is liquidated? No Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization No procedure? Does the law protect secured creditors’ rights by providing clear grounds for relief from the stay and sets a time limit for it? Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow No the secured creditor to sell the collateral through public auction or private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Figure – Credit Information in Lahore and comparator economies 8 8 7 7 7 7 6 Index Score 5 4.0 4 3 2 1 0 0 Lahore Bangladesh China India Karachi South Asia Page 56 Doing Business 2019 Pakistan Details – Credit Information in Lahore Depth of credit information index (0-8) Credit Credit Score bureau registry Are data on both firms and individuals distributed? No Yes 1 Are both positive and negative credit data distributed? Yes No 1 Are data from retailers or utility companies - in addition to data from banks and No No 0 financial institutions - distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries Yes No 1 that distribute more than 10 years of negative data or erase data on 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 capita distributed? Yes Yes 1 By law, do borrowers have the right to access their data in the credit bureau or Yes No 1 credit registry? Can banks and financial institutions access borrowers’ credit information online Yes Yes 1 (for example, through an online platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value-added service to help Yes No 1 banks and financial institutions assess the creditworthiness of borrowers? Total Score ("yes" to either public bureau or private registry) 7 Note: 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. Coverage Credit bureau Credit registry Number of individuals 8,619,261 12,667,854 Number of firms 0 125,763 Total 8,619,261 12,793,617 Percentage of adult population 7.2 10.7 Page 57 Doing Business 2019 Pakistan Protecting Minority Investors This topic measures the strength of minority shareholder protections against misuse of corporate assets by directors for their personal gain as well as shareholder rights, governance safeguards and corporate transparency requirements that reduce the risk of abuse. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions • Extent of disclosure index (0–10): Review and To make the data comparable across economies, a case study uses several approval requirements for related-party assumptions about the business and the transaction. transactions; Disclosure requirements for related- party transactions The business (Buyer): • Extent of director liability index (0–10): Ability - Is a publicly traded corporation listed on the economy’s most important stock of minority shareholders to sue and hold exchange. If there are fewer than ten listed companies or if there is no stock interested directors liable for prejudicial related- exchange in the economy, it is assumed that Buyer is a large private company with party transactions; Available legal remedies multiple shareholders. (damages, disgorgement of profits, fines, - Has a board of directors and a chief executive officer (CEO) who may legally act on imprisonment, rescission of the transaction) behalf of Buyer where permitted, even if this is not specifically required by law. • Ease of shareholder suits index (0–10): - Has a supervisory board in economies with a two-tier board system on which Mr. Access to internal corporate documents; James appointed 60% of the shareholder-elected members. Evidence obtainable during trial and allocation of - Has not adopted bylaws or articles of association that go beyond the minimum legal expenses requirements. Does not follow codes, principles, recommendations or guidelines that are not mandatory. • Extent of conflict of interest regulation index - Is a manufacturing company with its own distribution network. (0–10): Simple average of the extent of disclosure, extent of director liability and ease of The transaction involves the following details: shareholder indices - Mr. James owns 60% of Buyer, sits on Buyer’s board of directors and elected two • Extent of shareholder rights index (0-10): directors to Buyer’s five-member board. Shareholders’ rights and role in major corporate - Mr. James also owns 90% of Seller, a company that operates a chain of retail decisions hardware stores. Seller recently closed a large number of its stores. • Extent of ownership and control index (0-10): - Mr. James proposes that Buyer purchase Seller’s unused fleet of trucks to expand Governance safeguards protecting shareholders Buyer’s distribution of its food products, a proposal to which Buyer agrees. The price from undue board control and entrenchment is equal to 10% of Buyer’s assets and is higher than the market value. - The proposed transaction is part of the company’s principal activity and is not • Extent of corporate transparency index (0-10): outside the authority of the company. Corporate transparency on ownership stakes, - Buyer enters into the transaction. All required approvals are obtained, and all compensation, audits and financial prospects required disclosures made—that is, the transaction was not entered into fraudulently. • Extent of shareholder governance index (0– - The transaction causes damages to Buyer. Shareholders sue Mr. James and the 10): Simple average of the extent of shareholders executives and directors that approved the transaction. rights, extent of ownership and control and extent of corporate transparency indices • Strength of minority investor protection index (0–10): Simple average of the extent of conflict of interest regulation and extent of shareholder governance indices Page 58 Doing Business 2019 Pakistan Protecting Minority Investors - Karachi Indicator Karachi South Asia OECD high Best Regulatory income Performance Extent of disclosure index (0-10) 6.0 5.8 6.5 10 (13 Economies) Extent of director liability index (0-10) 7.0 5.0 5.3 10 (Cambodia) Ease of shareholder suits index (0-10) 6.0 7.4 7.3 10 (Djibouti) Extent of shareholder rights index (0-10) 8.0 6.9 6.4 10 (Kazakhstan) Extent of ownership and control index (0-10) 9.0 5.9 5.4 None in 2017/18 Extent of corporate transparency index (0-10) 7.0 6.1 7.6 10 (6 Economies) Figure – Protecting Minority Investors in Karachi and comparator economies – Ranking and Score DB 2019 Protecting Minority Investors Score 0 100 80.00: India (Rank: 7) 71.67: Karachi 71.67: Lahore 60.00: China (Rank: 64) 55.00: Bangladesh (Rank: 89) Note: The ranking of economies on the strength of minority investor protections is determined by sorting their scores for protecting minority investors. These scores are the simple average of the scores for the extent of conflict of interest regulation index and the extent of shareholder governance index. Figure – Protecting Minority Investors in Karachi and comparator economies – Measure of Quality Karachi 7 7 6 9 8 6 Bangladesh 5 7 6 3 5 7 China 9 1 10 4 7 5 India 8 7 8 8 10 7 Lahore 7 7 6 9 8 6 OECD high income 7.4 5.5 6.5 5.2 6.3 7.4 South Asia 6.4 5.9 6.1 6.2 7.2 7.1 0 10 20 30 40 50 60 Sub-Indicator Score Extent of corporate transparency index (0-10) Extent of director liability index (0-10) Extent of disclosure index (0-10) Extent of ownership and control index (0-10) Extent of shareholder rights index (0-10) Ease of shareholder suits index (0-10) Page 59 Doing Business 2019 Pakistan Details – Protecting Minority Investors in Karachi – Measure of Quality Answer Score Extent of conflict of interest regulation index (0-10) 6.3 Extent of disclosure index (0-10) 6.0 Whose decision is sufficient to approve the Buyer-Seller transaction? (0-3) Board of 2.0 directors excluding interested members Must an external body review the terms of the transaction before it takes place? (0-1) No 0.0 Must Mr. James disclose his conflict of interest to the board of directors? (0-2) Full disclosure of 2.0 all material facts Must Buyer disclose the transaction in periodic filings (e.g. annual reports)? (0-2) Disclosure on the 2.0 transaction and on the conflict of interest Must Buyer immediately disclose the transaction to the public? (0-2) No disclosure 0.0 obligation Extent of director liability index (0-10) 7.0 Can shareholders representing 10% of Buyer's share capital sue for the damage the Yes 1.0 transaction caused to Buyer? (0-1) Can shareholders hold Mr. James liable for the damage the transaction caused to Buyer? (0- Liable if negligent 1.0 2) Can shareholders hold the other directors liable for the damage the transaction caused to Liable if negligent 1.0 Buyer (0-2) Must Mr. James pay damages for the harm caused to Buyer upon a successful claim by Yes 1.0 shareholders? (0-1) Must Mr. James repay profits made from the transaction upon a successful claim by Yes 1.0 shareholders? (0-1) Is Mr. James disqualified upon a successful claim by shareholders? (0-1) Yes 1.0 Can a court void the transaction upon a successful claim by shareholders? (0-2) Voidable if 1.0 negligently concluded Ease of shareholder suits index (0-10) 6.0 Before suing, can shareholders representing 10% of Buyer's share capital inspect the Yes 1.0 transaction documents? (0-1) Can the plaintiff obtain any documents from the defendant and witnesses at trial? (0-3) Any relevant 3.0 document Can the plaintiff request categories of documents from the defendant without identifying No 0.0 specific ones? (0-1) Can the plaintiff directly question the defendant and witnesses at trial? (0-2) Preapproved 1.0 questions only Is the level of proof required for civil suits lower than that of criminal cases? (0-1) Yes 1.0 Can shareholder plaintiffs recover their legal expenses from the company? (0-2) At the discretion 0.0 of the court Extent of shareholder governance index (0-10) 8.0 Extent of shareholder rights index (0-10) 8.0 Does the sale of 51% of Buyer's assets require shareholder approval? Yes 1.0 Can shareholders representing 10% of Buyer's share capital call for a meeting of Yes 1.0 shareholders? Page 60 Doing Business 2019 Pakistan Must Buyer obtain its shareholders’ approval every time it issues new shares? No 0.0 Do shareholders automatically receive preemption rights every time Buyer issues new Yes 1.0 shares? Must shareholders approve the election and dismissal of the external auditor? Yes 1.0 Are changes to the rights of a class of shares only possible if the holders of the affected Yes 1.0 shares approve? Assuming that Buyer is a limited company, does the sale of 51% of its assets require Yes 1.0 member approval? Assuming that Buyer is a limited company, can members representing 10% call for a Yes 1.0 meeting of members? Assuming that Buyer is a limited company, must all or almost all members consent to add a No 0.0 new member? Assuming that Buyer is a limited company, must a member first offer to sell their interest to Yes 1.0 the existing members before they can sell to non-members? Extent of ownership and control index (0-10) 9.0 Is it forbidden to appoint the same individual as CEO and chairperson of the board of Yes 1.0 directors? Must the board of directors include independent and nonexecutive board members? Yes 1.0 Can shareholders remove members of the board of directors without cause before the end Yes 1.0 of their term? Must the board of directors include a separate audit committee exclusively comprising board Yes 1.0 members? Must a potential acquirer make a tender offer to all shareholders upon acquiring 50% of Yes 1.0 Buyer? Must Buyer pay declared dividends within a maximum period set by law? Yes 1.0 Is a subsidiary prohibited from acquiring shares issued by its parent company? Yes 1.0 Assuming that Buyer is a limited company, must Buyer have a mechanism to resolve Yes 1.0 disagreements among members? Assuming that Buyer is a limited company, must a potential acquirer make a tender offer to No 0.0 all shareholders upon acquiring 50% of Buyer? Assuming that Buyer is a limited company, must Buyer distribute profits within a maximum Yes 1.0 period set by law? Extent of corporate transparency index (0-10) 7.0 Must Buyer disclose direct and indirect beneficial ownership stakes representing 5%? Yes 1.0 Must Buyer disclose information about board members’ primary employment and Yes 1.0 directorships in other companies? Must Buyer disclose the compensation of individual managers? No 0.0 Must a detailed notice of general meeting be sent 21 days before the meeting? Yes 1.0 Can shareholders representing 5% of Buyer’s share capital put items on the general meeting No 0.0 agenda? Must Buyer's annual financial statements be audited by an external auditor? Yes 1.0 Must Buyer disclose its audit reports to the public? Yes 1.0 Assuming that Buyer is a limited company, must members meet at least once a year? Yes 1.0 Assuming that Buyer is a limited company, can members representing 5% put items on the No 0.0 meeting agenda? Assuming that Buyer is a limited company, must Buyer's annual financial statements be Yes 1.0 audited by an external auditor? Page 61 Doing Business 2019 Pakistan Protecting Minority Investors - Lahore Indicator Lahore South Asia OECD high Best Regulatory income Performance Extent of disclosure index (0-10) 6.0 5.8 6.5 10 (13 Economies) Extent of director liability index (0-10) 7.0 5.0 5.3 10 (Cambodia) Ease of shareholder suits index (0-10) 6.0 7.4 7.3 10 (Djibouti) Extent of shareholder rights index (0-10) 8.0 6.9 6.4 10 (Kazakhstan) Extent of ownership and control index (0-10) 9.0 5.9 5.4 None in 2017/18 Extent of corporate transparency index (0-10) 7.0 6.1 7.6 10 (6 Economies) Figure – Protecting Minority Investors in Lahore and comparator economies – Ranking and Score DB 2019 Protecting Minority Investors Score 0 100 80.00: India (Rank: 7) 71.67: Karachi 71.67: Lahore 60.00: China (Rank: 64) 55.00: Bangladesh (Rank: 89) Note: The ranking of economies on the strength of minority investor protections is determined by sorting their scores for protecting minority investors. These scores are the simple average of the scores for the extent of conflict of interest regulation index and the extent of shareholder governance index. Figure – Protecting Minority Investors in Lahore and comparator economies – Measure of Quality Lahore 7 7 6 9 8 6 Bangladesh 5 7 6 3 5 7 China 9 1 10 4 7 5 India 8 7 8 8 10 7 Karachi 7 7 6 9 8 6 OECD high income 7.4 5.5 6.5 5.2 6.3 7.4 South Asia 6.4 5.9 6.1 6.2 7.2 7.1 0 10 20 30 40 50 60 Sub-Indicator Score Extent of corporate transparency index (0-10) Extent of director liability index (0-10) Extent of disclosure index (0-10) Extent of ownership and control index (0-10) Extent of shareholder rights index (0-10) Ease of shareholder suits index (0-10) Page 62 Doing Business 2019 Pakistan Details – Protecting Minority Investors in Lahore – Measure of Quality Answer Score Extent of conflict of interest regulation index (0-10) 6.3 Extent of disclosure index (0-10) 6.0 Whose decision is sufficient to approve the Buyer-Seller transaction? (0-3) Board of 2.0 directors excluding interested members Must an external body review the terms of the transaction before it takes place? (0-1) No 0.0 Must Mr. James disclose his conflict of interest to the board of directors? (0-2) Full disclosure of 2.0 all material facts Must Buyer disclose the transaction in periodic filings (e.g. annual reports)? (0-2) Disclosure on the 2.0 transaction and on the conflict of interest Must Buyer immediately disclose the transaction to the public? (0-2) No disclosure 0.0 obligation Extent of director liability index (0-10) 7.0 Can shareholders representing 10% of Buyer's share capital sue for the damage the Yes 1.0 transaction caused to Buyer? (0-1) Can shareholders hold Mr. James liable for the damage the transaction caused to Buyer? (0- Liable if negligent 1.0 2) Can shareholders hold the other directors liable for the damage the transaction caused to Liable if negligent 1.0 Buyer (0-2) Must Mr. James pay damages for the harm caused to Buyer upon a successful claim by Yes 1.0 shareholders? (0-1) Must Mr. James repay profits made from the transaction upon a successful claim by Yes 1.0 shareholders? (0-1) Is Mr. James disqualified upon a successful claim by shareholders? (0-1) Yes 1.0 Can a court void the transaction upon a successful claim by shareholders? (0-2) Voidable if 1.0 negligently concluded Ease of shareholder suits index (0-10) 6.0 Before suing, can shareholders representing 10% of Buyer's share capital inspect the Yes 1.0 transaction documents? (0-1) Can the plaintiff obtain any documents from the defendant and witnesses at trial? (0-3) Any relevant 3.0 document Can the plaintiff request categories of documents from the defendant without identifying No 0.0 specific ones? (0-1) Can the plaintiff directly question the defendant and witnesses at trial? (0-2) Preapproved 1.0 questions only Is the level of proof required for civil suits lower than that of criminal cases? (0-1) Yes 1.0 Can shareholder plaintiffs recover their legal expenses from the company? (0-2) At the discretion 0.0 of the court Extent of shareholder governance index (0-10) 8.0 Extent of shareholder rights index (0-10) 8.0 Does the sale of 51% of Buyer's assets require shareholder approval? Yes 1.0 Can shareholders representing 10% of Buyer's share capital call for a meeting of Yes 1.0 shareholders? Page 63 Doing Business 2019 Pakistan Must Buyer obtain its shareholders’ approval every time it issues new shares? No 0.0 Do shareholders automatically receive preemption rights every time Buyer issues new Yes 1.0 shares? Must shareholders approve the election and dismissal of the external auditor? Yes 1.0 Are changes to the rights of a class of shares only possible if the holders of the affected Yes 1.0 shares approve? Assuming that Buyer is a limited company, does the sale of 51% of its assets require Yes 1.0 member approval? Assuming that Buyer is a limited company, can members representing 10% call for a Yes 1.0 meeting of members? Assuming that Buyer is a limited company, must all or almost all members consent to add a No 0.0 new member? Assuming that Buyer is a limited company, must a member first offer to sell their interest to Yes 1.0 the existing members before they can sell to non-members? Extent of ownership and control index (0-10) 9.0 Is it forbidden to appoint the same individual as CEO and chairperson of the board of Yes 1.0 directors? Must the board of directors include independent and nonexecutive board members? Yes 1.0 Can shareholders remove members of the board of directors without cause before the end Yes 1.0 of their term? Must the board of directors include a separate audit committee exclusively comprising board Yes 1.0 members? Must a potential acquirer make a tender offer to all shareholders upon acquiring 50% of Yes 1.0 Buyer? Must Buyer pay declared dividends within a maximum period set by law? Yes 1.0 Is a subsidiary prohibited from acquiring shares issued by its parent company? Yes 1.0 Assuming that Buyer is a limited company, must Buyer have a mechanism to resolve Yes 1.0 disagreements among members? Assuming that Buyer is a limited company, must a potential acquirer make a tender offer to No 0.0 all shareholders upon acquiring 50% of Buyer? Assuming that Buyer is a limited company, must Buyer distribute profits within a maximum Yes 1.0 period set by law? Extent of corporate transparency index (0-10) 7.0 Must Buyer disclose direct and indirect beneficial ownership stakes representing 5%? Yes 1.0 Must Buyer disclose information about board members’ primary employment and Yes 1.0 directorships in other companies? Must Buyer disclose the compensation of individual managers? No 0.0 Must a detailed notice of general meeting be sent 21 days before the meeting? Yes 1.0 Can shareholders representing 5% of Buyer’s share capital put items on the general meeting No 0.0 agenda? Must Buyer's annual financial statements be audited by an external auditor? Yes 1.0 Must Buyer disclose its audit reports to the public? Yes 1.0 Assuming that Buyer is a limited company, must members meet at least once a year? Yes 1.0 Assuming that Buyer is a limited company, can members representing 5% put items on the No 0.0 meeting agenda? Assuming that Buyer is a limited company, must Buyer's annual financial statements be Yes 1.0 audited by an external auditor? Page 64 Doing Business 2019 Pakistan Paying Taxes This topic records the taxes and mandatory contributions that a medium-size company must pay or withhold in a given year, as well as the administrative burden of paying taxes and contributions and complying with postfiling procedures (VAT refund and tax audit). The most recent round of data collection for the project was completed in May 2018 covering for the Paying Taxes indicator calendar year 2017 (January 1, 2017 – December 31, 2017). See the methodology for more information. What the indicators measure Case study assumptions Tax payments for a manufacturing company in Using a case scenario, Doing Business records taxes and mandatory contributions a 2017 (number per year adjusted for electronic medium size company must pay in a year, and measures the administrative burden and joint filing and payment) of paying taxes, contributions and dealing with postfiling processes. Information is also compiled on frequency of filing and payments, time taken to comply with tax • Total number of taxes and contributions paid or laws, time taken to comply with the requirements of postfiling processes and time withheld, including consumption taxes (value waiting. added tax, sales tax or goods and service tax) • Method and frequency of filing and payment To make data comparable across economies, several assumptions are used: - TaxpayerCo is a medium-size business that started operations on January 1, 2016. Time required to comply with 3 major taxes It produces ceramic flowerpots and sells them at retail. All taxes and contributions (hours per year) recorded are paid in the second year of operation (calendar year 2017). Taxes and • Collecting information, computing tax payable mandatory contributions are measured at all levels of government. • Preparing separate tax accounting books, if The VAT refund process: required - In June 2017, TaxpayerCo. makes a large capital purchase: the value of the • Completing tax return, filing with agencies machine is 65 times income per capita of the economy. Sales are equally spread per month (1,050 times income per capita divided by 12) and cost of goods sold are • Arranging payment or withholding equally expensed per month (875 times income per capita divided by 12). The machinery seller is registered for VAT and excess input VAT incurred in June will be Total tax and contribution rate (% of commercial fully recovered after four consecutive months if the VAT rate is the same for inputs, profits) sales and the machine and the tax reporting period is every month. Input VAT will • Profit or corporate income tax exceed Output VAT in June 2017. • Social contributions, labor taxes paid by The corporate income tax audit process: employer - An error in calculation of income tax liability (for example, use of incorrect tax • Property and property transfer taxes depreciation rates, or incorrectly treating an expense as tax deductible) leads to an • Dividend, capital gains, financial transactions incorrect income tax return and a corporate income tax underpayment. TaxpayerCo. taxes discovered the error and voluntarily notified the tax authority. The value of the underpaid income tax liability is 5% of the corporate income tax liability • Waste collection, vehicle, road and other taxes due. TaxpayerCo. submits corrected information after the deadline for submitting the annual tax return, but within the tax assessment period. Postfiling Index • Time to comply with a VAT refund (hours) • Time to obtain a VAT refund (weeks) • Time to comply with a corporate income tax correction (hours) • Time to complete a corporate income tax correction (weeks) Page 65 Doing Business 2019 Pakistan Paying Taxes - Karachi Indicator Karachi South Asia OECD high Best Regulatory income Performance Payments (number per year) 47 27.6 11.2 3 (Hong Kong SAR, China) Time (hours per year) 293.5 274.8 159.4 49 (Singapore) Total tax and contribution rate (% of profit) 34.0 43.5 39.8 26.1% (32 Economies) Postfiling index (0-100) 10.49 41.78 84.41 None in 2017/18 Figure – Paying Taxes in Karachi and comparator economies – Ranking and Score DB 2019 Paying Taxes Score 0 100 67.53: China (Rank: 114) 65.36: India (Rank: 121) 56.13: Bangladesh (Rank: 151) 47.07: Karachi 47.01: Lahore Note: The ranking of economies on the ease of paying taxes is determined by sorting their scores for paying taxes. These scores are the simple average of the scores for each of the component indicators, with a threshold and a nonlinear transformation applied to one of the component indicators, the total tax and contribution rate. The threshold is defined as the total tax and contribution rate at the 15th percentile of the overall distribution for all years included in the analysis up to and including Doing Business 2015, which is 26.1%. All economies with a total tax and contribution rate below this threshold receive the same score as the economy at the threshold. Figure – Paying Taxes in Karachi and comparator economies – Measure of Quality 100 80 Index score 60 50.00 49.31 44.36 41.78 40 20 10.49 10.49 0 Karachi Bangladesh China India Lahore South Asia Page 66 Doing Business 2019 Pakistan Details – Paying Taxes in Karachi Tax or Payments Notes on Time Statutory Tax base Total tax Notes on mandatory (number) Payments (hours) tax rate and TTCR contribution contribution rate (% of profit) Corporate 5.0 40.0 25% taxable profit 18.24 income tax Employer 12.0 5% or PKR gross salaries 7.29 paid -Pension 700 per contributions employee per month Social 12.0 40.0 6% up to PKR gross salaries 6.46 security 15,000 wage contributions ceiling Education 1.0 PKR 100 per per worker 0.93 cess month Property tax 1.0 18% annual rental 0.89 (including value of 10% property discount) Tax on 0.0 10% interest 0.26 included in interest other taxes Professional 1.0 PKR 10,000 fixed fee 0.14 tax Vehicle tax 1.0 varies fixed fee 0.07 depending on type of vehicle Stamp duty 1.0 rate based on 0.00 contract value Employee 0.0 jointly 1% or PKR gross salaries 0.00 withheld paid - 140 per Pension employee per contributions month Fuel tax 1.0 25% included into 0.00 small amount fuel price Goods and 12.0 213.5 17% value added 0.00 not included sales tax (VAT) Totals 47 293.5 34.0 Page 67 Doing Business 2019 Pakistan Details – Paying Taxes in Karachi – Tax by Type Taxes by type Answer Profit tax (% of profit) 18.2 Labor tax and contributions (% of profit) 14.7 Other taxes (% of profit) 1.1 Page 68 Doing Business 2019 Pakistan Details – Paying Taxes in Karachi – Measure of Quality Answer Score Postfiling index (0-100) 10.49 VAT refunds Does VAT exist? Yes Does a VAT refund process exist per the case study? Yes Restrictions on VAT refund process Carry forward for 6 months Percentage of cases exposed to a VAT audit (%) 50% - 74% Is there a mandatory carry forward period? Yes Time to comply with VAT refund (hours) 84.0 0 Time to obtain a VAT refund (weeks) 79.0 0 Corporate income tax audits Does corporate income tax exist? Yes Percentage of cases exposed to a corporate income tax audit (%) 25% - 49% Time to comply with a corporate income tax correction (hours) 69.0 0 Time to complete a corporate income tax correction (weeks) 18.6 41.96 Notes: Names of taxes have been standardized. For instance income tax, profit tax, tax on company's income are all named corporate income tax in this table. The hours for VAT include all the VAT and sales taxes applicable. The hours for Social Security include all the hours for labor taxes and mandatory contributions in general. The postfiling index is the average of the scores on time to comply with VAT refund, time to obtain a VAT refund, time to comply with a corporate income tax correction and time to complete a corporate income tax correction. N/A = Not applicable. Page 69 Doing Business 2019 Pakistan Paying Taxes - Lahore Indicator Lahore South Asia OECD high Best Regulatory income Performance Payments (number per year) 47 27.6 11.2 3 (Hong Kong SAR, China) Time (hours per year) 293.5 274.8 159.4 49 (Singapore) Total tax and contribution rate (% of profit) 34.2 43.5 39.8 26.1% (32 Economies) Postfiling index (0-100) 10.49 41.78 84.41 None in 2017/18 Figure – Paying Taxes in Lahore and comparator economies – Ranking and Score DB 2019 Paying Taxes Score 0 100 67.53: China (Rank: 114) 65.36: India (Rank: 121) 56.13: Bangladesh (Rank: 151) 47.07: Karachi 47.01: Lahore Note: The ranking of economies on the ease of paying taxes is determined by sorting their scores for paying taxes. These scores are the simple average of the scores for each of the component indicators, with a threshold and a nonlinear transformation applied to one of the component indicators, the total tax and contribution rate. The threshold is defined as the total tax and contribution rate at the 15th percentile of the overall distribution for all years included in the analysis up to and including Doing Business 2015, which is 26.1%. All economies with a total tax and contribution rate below this threshold receive the same score as the economy at the threshold. Figure – Paying Taxes in Lahore and comparator economies – Measure of Quality 100 80 Index score 60 50.00 49.31 44.36 41.78 40 20 10.49 10.49 0 Lahore Bangladesh China India Karachi South Asia Page 70 Doing Business 2019 Pakistan Details – Paying Taxes in Lahore Tax or Payments Notes on Time Statutory Tax base Total tax Notes on mandatory (number) Payments (hours) tax rate and TTCR contribution contribution rate (% of profit) Corporate 5.0 40.0 25% taxable profit 18.19 income tax Employer 12.0 5% or PKR gross salaries 7.29 paid - 700 per Pension employee per contributions month Social 12.0 40.0 6% up to PKR gross salaries 6.66 security 22,000 wage contributions ceiling Education 1.0 PKR 100 per per worker 0.93 cess month Property tax 1.0 18% annual rental 0.89 (including value of 10% property discount) Tax on 0.0 10% interest 0.26 included in interest other taxes Professional 1.0 PKR 10,000 fixed fee 0.14 tax Vehicle tax 1.0 varies fixed fee 0.07 depending on type of vehicle Stamp duty 1.0 rate based on 0.00 contract value Employee 0.0 jointly 1% or PKR gross salaries 0.00 withheld paid - 140 per Pension employee per contributions month Fuel tax 1.0 25% included into 0.00 small amount fuel price Goods and 12.0 213.5 17% value added 0.00 not included sales tax (VAT) Totals 47 293.5 34.2 Page 71 Doing Business 2019 Pakistan Details – Paying Taxes in Lahore – Tax by Type Taxes by type Answer Profit tax (% of profit) 18.2 Labor tax and contributions (% of profit) 14.9 Other taxes (% of profit) 1.1 Page 72 Doing Business 2019 Pakistan Details – Paying Taxes in Lahore – Measure of Quality Answer Score Postfiling index (0-100) 10.49 VAT refunds Does VAT exist? Yes Does a VAT refund process exist per the case study? Yes Restrictions on VAT refund process Carry forward for 6 months Percentage of cases exposed to a VAT audit (%) 50% - 74% Is there a mandatory carry forward period? Yes Time to comply with VAT refund (hours) 84.0 0 Time to obtain a VAT refund (weeks) 79.0 0 Corporate income tax audits Does corporate income tax exist? Yes Percentage of cases exposed to a corporate income tax audit (%) 25% - 49% Time to comply with a corporate income tax correction (hours) 69.0 0 Time to complete a corporate income tax correction (weeks) 18.6 41.96 Notes: Names of taxes have been standardized. For instance income tax, profit tax, tax on company's income are all named corporate income tax in this table. The hours for VAT include all the VAT and sales taxes applicable. The hours for Social Security include all the hours for labor taxes and mandatory contributions in general. The postfiling index is the average of the scores on time to comply with VAT refund, time to obtain a VAT refund, time to comply with a corporate income tax correction and time to complete a corporate income tax correction. N/A = Not applicable. Page 73 Doing Business 2019 Pakistan Trading across Borders Doing Business records the time and cost associated with the logistical process of exporting and importing goods. Doing Business measures the time and cost (excluding tariffs) associated with three sets of procedures—documentary compliance, border compliance and domestic transport—within the overall process of exporting or importing a shipment of goods. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Documentary compliance To make the data comparable across economies, a few assumptions are made about the traded goods and the transactions: • Obtaining, preparing and submitting documents during transport, clearance, inspections and port Time: Time is measured in hours, and 1 day is 24 hours (for example, 22 days are or border handling in origin economy recorded as 22×24=528 hours). If customs clearance takes 7.5 hours, the data are • Obtaining, preparing and submitting documents recorded as is. Alternatively, suppose documents are submitted to a customs agency required by destination economy and any transit at 8:00a.m., are processed overnight and can be picked up at 8:00a.m. the next day. economies The time for customs clearance would be recorded as 24 hours because the actual • Covers all documents required by law and in procedure took 24 hours. practice, including electronic submissions of Cost: Insurance cost and informal payments for which no receipt is issued are information excluded from the costs recorded. Costs are reported in U.S. dollars. Contributors Border compliance are asked to convert local currency into U.S. dollars based on the exchange rate prevailing on the day they answer the questionnaire. Contributors are private sector • Customs clearance and inspections experts in international trade logistics and are informed about exchange rates. • Inspections by other agencies (if applied to more than 20% of shipments) Assumptions of the case study: - For all 190 economies covered by Doing Business, it is assumed a shipment is in a • Handling and inspections that take place at the warehouse in the largest business city of the exporting economy and travels to a economy’s port or border warehouse in the largest business city of the importing economy. - It is assumed each economy imports 15 metric tons of containerized auto parts (HS Domestic transport 8708) from its natural import partner—the economy from which it imports the largest • Loading or unloading of the shipment at the value (price times quantity) of auto parts. It is assumed each economy exports the warehouse or port/border product of its comparative advantage (defined by the largest export value) to its • Transport between warehouse and port/border natural export partner—the economy that is the largest purchaser of this product. Shipment value is assumed to be $50,000. • Traffic delays and road police checks while - The mode of transport is the one most widely used for the chosen export or import shipment is en route product and the trading partner, as is the seaport or land border crossing. - All electronic information submissions requested by any government agency in connection with the shipment are considered to be documents obtained, prepared and submitted during the export or import process. - A port or border is a place (seaport or land border crossing) where merchandise can enter or leave an economy. - Relevant government agencies include customs, port authorities, road police, border guards, standardization agencies, ministries or departments of agriculture or industry, national security agencies and any other government authorities. Page 74 Doing Business 2019 Pakistan Trading across Borders - Karachi Indicator Karachi South Asia OECD high Best Regulatory income Performance Time to export: Border compliance (hours) 75 62.9 12.5 1 (19 Economies) Cost to export: Border compliance (USD) 356 347.2 139.1 0 (19 Economies) Time to export: Documentary compliance (hours) 55 74.1 2.4 1 (26 Economies) Cost to export: Documentary compliance (USD) 118 160.3 35.2 0 (20 Economies) Time to import: Border compliance (hours) 120 95.8 8.5 0 (25 Economies) Cost to import: Border compliance (USD) 476 504.6 100.2 0 (28 Economies) Time to import: Documentary compliance (hours) 143 100.8 3.4 1 (30 Economies) Cost to import: Documentary compliance (USD) 250 276.7 24.9 0 (30 Economies) Figure – Trading across Borders in Karachi and comparator economies – Ranking and Score DB 2019 Trading Across Borders Score 0 100 82.59: China (Rank: 65) 77.46: India (Rank: 80) 60.12: Karachi 60.12: Lahore 31.76: Bangladesh (Rank: 176) Note: The ranking of economies on the ease of trading across borders is determined by sorting their scores for trading across borders. These scores are the simple average of the scores for the time and cost for documentary compliance and border compliance to export and import. Figure – Trading across Borders in Karachi – Time and Cost Time (hours) Cost (USD) 160 476 500 143 140 356 120 400 120 Time (hours) Cost (USD) 100 300 75 250 80 60 55 200 118 40 100 20 0 0 Export Export Import Import - - - - Border Documentary Border Documentary Compliance Compliance Compliance Compliance Page 75 Doing Business 2019 Pakistan Details – Trading across Borders in Karachi Characteristics Export Import Product HS 52 : Cotton HS 8708: Parts and accessories of motor vehicles Trade partner China Thailand Border Qasim port Qasim port Distance (km) 54 54 Domestic transport time (hours) 5 4 Domestic transport cost (USD) 200 200 Details – Trading across Borders in Karachi – Components of Border Compliance Time to Complete (hours) Associated Costs (USD) Export: Clearance and inspections required 30.9 150.0 by customs authorities Export: Clearance and inspections required 48.0 50.0 by agencies other than customs Export: Port or border handling 75.0 156.0 Import: Clearance and inspections required 34.0 285.7 by customs authorities Import: Clearance and inspections required 0.0 0.0 by agencies other than customs Import: Port or border handling 120.0 190.0 Page 76 Doing Business 2019 Pakistan Details – Trading across Borders in Karachi – Trade Documents Export Import Commercial Invoice Commercial invoice Packing list Packing list Certificate of origin Certificate of origin Bill of lading Bill of lading Inspection report Import general manifest Export General Manifest (EGM) Import declaration Electronic E Form Electronic I Form Customs Export Declaration Terminal handling receipts Price certificate Delivery Order Phytosanitary certificate Gate Pass Gate pass SOLAS certificate Terminal handling receipts SOLAS certificate Page 77 Doing Business 2019 Pakistan Trading across Borders - Lahore Indicator Lahore South Asia OECD high Best Regulatory income Performance Time to export: Border compliance (hours) 75 62.9 12.5 1 (19 Economies) Cost to export: Border compliance (USD) 356 347.2 139.1 0 (19 Economies) Time to export: Documentary compliance (hours) 55 74.1 2.4 1 (26 Economies) Cost to export: Documentary compliance (USD) 118 160.3 35.2 0 (20 Economies) Time to import: Border compliance (hours) 120 95.8 8.5 0 (25 Economies) Cost to import: Border compliance (USD) 476 504.6 100.2 0 (28 Economies) Time to import: Documentary compliance (hours) 143 100.8 3.4 1 (30 Economies) Cost to import: Documentary compliance (USD) 250 276.7 24.9 0 (30 Economies) Figure – Trading across Borders in Lahore and comparator economies – Ranking and Score DB 2019 Trading Across Borders Score 0 100 82.59: China (Rank: 65) 77.46: India (Rank: 80) 60.12: Karachi 60.12: Lahore 31.76: Bangladesh (Rank: 176) Note: The ranking of economies on the ease of trading across borders is determined by sorting their scores for trading across borders. These scores are the simple average of the scores for the time and cost for documentary compliance and border compliance to export and import. Figure – Trading across Borders in Lahore – Time and Cost Time (hours) Cost (USD) 160 476 500 143 140 356 120 400 120 Time (hours) Cost (USD) 100 300 75 250 80 60 55 200 118 40 100 20 0 0 Export Export Import Import - - - - Border Documentary Border Documentary Compliance Compliance Compliance Compliance Page 78 Doing Business 2019 Pakistan Details – Trading across Borders in Lahore Characteristics Export Import Product HS 52 : Cotton HS 8708: Parts and accessories of motor vehicles Trade partner China Thailand Border Qasim port Qasim port Distance (km) 1296 1296 Domestic transport time (hours) 48 48 Domestic transport cost (USD) 500 500 Details – Trading across Borders in Lahore – Components of Border Compliance Time to Complete (hours) Associated Costs (USD) Export: Clearance and inspections required 30.9 150.0 by customs authorities Export: Clearance and inspections required 48.0 50.0 by agencies other than customs Export: Port or border handling 75.0 156.0 Import: Clearance and inspections required 34.0 285.7 by customs authorities Import: Clearance and inspections required 0.0 0.0 by agencies other than customs Import: Port or border handling 120.0 190.0 Page 79 Doing Business 2019 Pakistan Details – Trading across Borders in Lahore – Trade Documents Export Import Commercial Invoice Commercial Invoice Packing list Packing list Certificate of origin Certificate of origin Bill of lading Bill of lading Inspection report Import General Manifest Export General Manifest (EGM) Import declaration Electronic E Form Electronic I Form Customs Export Declaration Terminal handling receipts Price certificate issued by the All Pakistan Textile Mills Association Delivery Order Phytosanitary certificate Gate Pass Gate pass SOLAS certificate Terminal handling receipts SOLAS certificate Page 80 Doing Business 2019 Pakistan Enforcing Contracts The enforcing contracts indicator measures the time and cost for resolving a commercial dispute through a local first-instance court, and the quality of judicial processes index, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Time required to enforce a contract through the The dispute in the case study involves the breach of a sales contract between 2 courts (calendar days) domestic businesses. The case study assumes that the court hears an expert on the quality of the goods in dispute. This distinguishes the case from simple debt • Time to file and serve the case enforcement. • Time for trial and to obtain the judgment To make the data comparable across economies, Doing Business uses several • Time to enforce the judgment assumptions about the case: Cost required to enforce a contract through the - The dispute concerns a lawful transaction between two businesses (Seller and courts (% of claim) Buyer), both located in the economy’s largest business city. For 11 economies the data are also collected for the second largest business city. • Attorney fees - The buyer orders custom-made goods, then fails to pay alleging that the goods are • Court fees not of adequate quality. - The value of the dispute is 200% of the income per capita or the equivalent in local • Enforcement fees currency of USD 5,000, whichever is greater. - The seller sues the buyer before the court with jurisdiction over commercial cases Quality of judicial processes index (0-18) worth 200% of income per capita or $5,000. • Court structure and proceedings (-1-5) - The seller requests the pretrial attachment of the defendant’s movable assets to secure the claim. • Case management (0-6) - The dispute on the quality of the goods requires an expert opinion. • Court automation (0-4) - The judge decides in favor of the seller; there is no appeal. • Alternative dispute resolution (0-3) - The seller enforces the judgment through a public sale of the buyer’s movable assets. Page 81 Doing Business 2019 Pakistan Enforcing Contracts - Karachi Standardized Case Claim value PKR 539,098 Court name Karachi District Court City Covered Karachi Indicator Karachi South Asia OECD high Best Regulatory income Performance Time (days) 1096 1101.6 582.4 None in 2017/18 Cost (% of claim value) 18.1 29.8 21.2 None in 2017/18 Quality of judicial processes index (0-18) 6.0 7.0 11.5 None in 2017/18 Figure – Enforcing Contracts in Karachi and comparator economies – Ranking and Score DB 2019 Enforcing Contracts Score 0 100 78.97: China (Rank: 6) 44.36: Karachi 41.86: Lahore 41.19: India (Rank: 163) 22.21: Bangladesh (Rank: 189) Note: The ranking of economies on the ease of enforcing contracts is determined by sorting their scores for enforcing contracts. These scores are the simple average of the scores for each of the component indicators. Figure – Enforcing Contracts in Karachi – Time and Cost Time (days) Cost (% of claim value) 1600 80 1442 1445 Cost (% of claim value) 1400 66.8 70 1200 1096 1101.6 60 Time (days) 1025 1000 50 800 40 31.0 582.4 29.8 600 496.3 25.0 30 21.2 16.2 18.1 400 20 200 10 0 0 Bangladesh China India Karachi Lahore OECD South high Asia income Page 82 Doing Business 2019 Pakistan Figure – Enforcing Contracts in Karachi and comparator economies – Measure of Quality Karachi 2 1.5 0.5 2 Bangladesh 3 1 0.5 3 China 3 4.5 3 5 India 2.5 1.5 2 4.5 Lahore 2 0.5 0.5 2 OECD high income 2.5 3.1 2.3 3.6 South Asia 2.4 1.1 0.8 3.1 0 2 4 6 8 10 12 14 16 18 Sub-Indicator Score Alternative dispute resolution (0-3) Case management (0-6) Court automation (0-4) Court structure and proceedings (-1-5) Details – Enforcing Contracts in Karachi Indicator Time (days) 1096 Filing and service 96 Trial and judgment 700 Enforcement of judgment 300 Cost (% of claim value) 18.1 Attorney fees 11 Court fees 5.9 Enforcement fees 1.2 Quality of judicial processes index (0-18) 6.0 Court structure and proceedings (-1-5) 2.0 Case management (0-6) 1.5 Court automation (0-4) 0.5 Alternative dispute resolution (0-3) 2.0 Page 83 Doing Business 2019 Pakistan Details – Enforcing Contracts in Karachi – Measure of Quality Answer Score Quality of judicial processes index (0-18) 6.0 Court structure and proceedings (-1-5) 2.0 1. Is there a court or division of a court dedicated solely to hearing commercial cases? No 0.0 2. Small claims court 1.5 2.a. Is there a small claims court or a fast-track procedure for small claims? Yes 2.b. If yes, is self-representation allowed? Yes 3. Is pretrial attachment available? Yes 1.0 4. Are new cases assigned randomly to judges? Yes, but manual 0.5 5. Does a woman's testimony carry the same evidentiary weight in court as a man's? No -1.0 Case management (0-6) 1.5 1. Time standards 0.5 1.a. Are there laws setting overall time standards for key court events in a civil Yes case? 1.b. If yes, are the time standards set for at least three court events? Yes 1.c. Are these time standards respected in more than 50% of cases? No 2. Adjournments 0.0 2.a. Does the law regulate the maximum number of adjournments that can be No granted? 2.b. Are adjournments limited to unforeseen and exceptional circumstances? No 2.c. If rules on adjournments exist, are they respected in more than 50% of cases? n.a. 3. Can two of the following four reports be generated about the competent court: (i) time to No 0.0 disposition report; (ii) clearance rate report; (iii) age of pending cases report; and (iv) single case progress report? 4. Is a pretrial conference among the case management techniques used before the No 0.0 competent court? 5. Are there any electronic case management tools in place within the competent court for Yes 1.0 use by judges? 6. Are there any electronic case management tools in place within the competent court for No 0.0 use by lawyers? Court automation (0-4) 0.5 1. Can the initial complaint be filed electronically through a dedicated platform within the no 0.0 competent court? 2. Is it possible to carry out service of process electronically for claims filed before the No 0.0 competent court? 3. Can court fees be paid electronically within the competent court? No 0.0 4. Publication of judgments 0.5 4.a Are judgments rendered in commercial cases at all levels made available to the No general public through publication in official gazettes, in newspapers or on the internet or court website? 4.b. Are judgments rendered in commercial cases at the appellate and supreme Yes court level made available to the general public through publication in official gazettes, in newspapers or on the internet or court website? Alternative dispute resolution (0-3) 2.0 1. Arbitration 1.5 Page 84 Doing Business 2019 Pakistan 1.a. Is domestic commercial arbitration governed by a consolidated law or Yes consolidated chapter or section of the applicable code of civil procedure encompassing substantially all its aspects? 1.b. Are there any commercial disputes—aside from those that deal with public No order or public policy—that cannot be submitted to arbitration? 1.c. Are valid arbitration clauses or agreements usually enforced by the courts? Yes 2. Mediation/Conciliation 0.5 2.a. Is voluntary mediation or conciliation available? Yes 2.b. Are mediation, conciliation or both governed by a consolidated law or No consolidated chapter or section of the applicable code of civil procedure encompassing substantially all their aspects? 2.c. Are there financial incentives for parties to attempt mediation or conciliation No (i.e., if mediation or conciliation is successful, a refund of court filing fees, income tax credits or the like)? Page 85 Doing Business 2019 Pakistan Enforcing Contracts - Lahore Standardized Case Claim value PKR 539,098 Court name Lahore District Court City Covered Lahore Indicator Lahore South Asia OECD high Best Regulatory income Performance Time (days) 1025 1101.6 582.4 None in 2017/18 Cost (% of claim value) 25.0 29.8 21.2 None in 2017/18 Quality of judicial processes index (0-18) 5.0 7.0 11.5 None in 2017/18 Figure – Enforcing Contracts in Lahore and comparator economies – Ranking and Score DB 2019 Enforcing Contracts Score 0 100 78.97: China (Rank: 6) 44.36: Karachi 41.86: Lahore 41.19: India (Rank: 163) 22.21: Bangladesh (Rank: 189) Note: The ranking of economies on the ease of enforcing contracts is determined by sorting their scores for enforcing contracts. These scores are the simple average of the scores for each of the component indicators. Figure – Enforcing Contracts in Lahore – Time and Cost Time (days) Cost (% of claim value) 1600 80 1442 1445 Cost (% of claim value) 1400 66.8 70 1200 1096 1101.6 60 Time (days) 1025 1000 50 800 40 31.0 582.4 29.8 600 496.3 25.0 30 21.2 16.2 18.1 400 20 200 10 0 0 Bangladesh China India Karachi Lahore OECD South high Asia income Page 86 Doing Business 2019 Pakistan Figure – Enforcing Contracts in Lahore and comparator economies – Measure of Quality Lahore 2 0.5 0.5 2 Bangladesh 3 1 0.5 3 China 3 4.5 3 5 India 2.5 1.5 2 4.5 Karachi 2 1.5 0.5 2 OECD high income 2.5 3.1 2.3 3.6 South Asia 2.4 1.1 0.8 3.1 0 2 4 6 8 10 12 14 16 18 Sub-Indicator Score Alternative dispute resolution (0-3) Case management (0-6) Court automation (0-4) Court structure and proceedings (-1-5) Details – Enforcing Contracts in Lahore Indicator Time (days) 1025 Filing and service 60 Trial and judgment 600 Enforcement of judgment 365 Cost (% of claim value) 25.0 Attorney fees 15 Court fees 7 Enforcement fees 3 Quality of judicial processes index (0-18) 5.0 Court structure and proceedings (-1-5) 2.0 Case management (0-6) 0.5 Court automation (0-4) 0.5 Alternative dispute resolution (0-3) 2.0 Page 87 Doing Business 2019 Pakistan Details – Enforcing Contracts in Lahore – Measure of Quality Answer Score Quality of judicial processes index (0-18) 5.0 Court structure and proceedings (-1-5) 2.0 1. Is there a court or division of a court dedicated solely to hearing commercial cases? No 0.0 2. Small claims court 1.5 2.a. Is there a small claims court or a fast-track procedure for small claims? Yes 2.b. If yes, is self-representation allowed? Yes 3. Is pretrial attachment available? Yes 1.0 4. Are new cases assigned randomly to judges? Yes, but manual 0.5 5. Does a woman's testimony carry the same evidentiary weight in court as a man's? No -1.0 Case management (0-6) 0.5 1. Time standards 0.5 1.a. Are there laws setting overall time standards for key court events in a civil Yes case? 1.b. If yes, are the time standards set for at least three court events? Yes 1.c. Are these time standards respected in more than 50% of cases? No 2. Adjournments 0.0 2.a. Does the law regulate the maximum number of adjournments that can be No granted? 2.b. Are adjournments limited to unforeseen and exceptional circumstances? No 2.c. If rules on adjournments exist, are they respected in more than 50% of cases? n.a. 3. Can two of the following four reports be generated about the competent court: (i) time to No 0.0 disposition report; (ii) clearance rate report; (iii) age of pending cases report; and (iv) single case progress report? 4. Is a pretrial conference among the case management techniques used before the No 0.0 competent court? 5. Are there any electronic case management tools in place within the competent court for No 0.0 use by judges? 6. Are there any electronic case management tools in place within the competent court for No 0.0 use by lawyers? Court automation (0-4) 0.5 1. Can the initial complaint be filed electronically through a dedicated platform within the no 0.0 competent court? 2. Is it possible to carry out service of process electronically for claims filed before the No 0.0 competent court? 3. Can court fees be paid electronically within the competent court? No 0.0 4. Publication of judgments 0.5 4.a Are judgments rendered in commercial cases at all levels made available to the No general public through publication in official gazettes, in newspapers or on the internet or court website? 4.b. Are judgments rendered in commercial cases at the appellate and supreme Yes court level made available to the general public through publication in official gazettes, in newspapers or on the internet or court website? Alternative dispute resolution (0-3) 2.0 1. Arbitration 1.5 Page 88 Doing Business 2019 Pakistan 1.a. Is domestic commercial arbitration governed by a consolidated law or Yes consolidated chapter or section of the applicable code of civil procedure encompassing substantially all its aspects? 1.b. Are there any commercial disputes—aside from those that deal with public No order or public policy—that cannot be submitted to arbitration? 1.c. Are valid arbitration clauses or agreements usually enforced by the courts? Yes 2. Mediation/Conciliation 0.5 2.a. Is voluntary mediation or conciliation available? Yes 2.b. Are mediation, conciliation or both governed by a consolidated law or No consolidated chapter or section of the applicable code of civil procedure encompassing substantially all their aspects? 2.c. Are there financial incentives for parties to attempt mediation or conciliation No (i.e., if mediation or conciliation is successful, a refund of court filing fees, income tax credits or the like)? Page 89 Doing Business 2019 Pakistan Resolving Insolvency Doing Business studies the time, cost and outcome of insolvency proceedings involving domestic legal entities. These variables are used to calculate the recovery rate, which is recorded as cents on the dollar recovered by secured creditors through reorganization, liquidation or debt enforcement (foreclosure or receivership) proceedings. To determine the present value of the amount recovered by creditors, Doing Business uses the lending rates from the International Monetary Fund, supplemented with data from central banks and the Economist Intelligence Unit. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Time required to recover debt (years) To make the data on the time, cost and outcome comparable across economies, several assumptions about the business and the case are used: • Measured in calendar years • Appeals and requests for extension are included - A hotel located in the largest city (or cities) has 201 employees and 50 suppliers. The hotel experiences financial difficulties. Cost required to recover debt (% of debtor’s - The value of the hotel is 100% of the income per capita or the equivalent in local estate) currency of USD 200,000, whichever is greater. - The hotel has a loan from a domestic bank, secured by a mortgage over the hotel’s • Measured as percentage of estate value real estate. The hotel cannot pay back the loan, but makes enough money to • Court fees operate otherwise. • Fees of insolvency administrators In addition, Doing Business evaluates the quality of legal framework applicable to • Lawyers’ fees judicial liquidation and reorganization proceedings and the extent to which best • Assessors’ and auctioneers’ fees insolvency practices have been implemented in each economy covered. • Other related fees Outcome • Whether business continues operating as a going concern or business assets are sold piecemeal Recovery rate for creditors • Measures the cents on the dollar recovered by secured creditors • Outcome for the business (survival or not) determines the maximum value that can be recovered • Official costs of the insolvency proceedings are deducted • Depreciation of furniture is taken into account • Present value of debt recovered Strength of insolvency framework index (0- 16) • Sum of the scores of four component indices: • Commencement of proceedings index (0-3) • Management of debtor’s assets index (0-6) • Reorganization proceedings index (0-3) • Creditor participation index (0-4) Page 90 Doing Business 2019 Pakistan Resolving Insolvency - Karachi Indicator Karachi South Asia OECD high Best Regulatory income Performance Recovery rate (cents on the dollar) 43.4 32.7 70.5 None in 2017/18 Time (years) 2.8 2.6 1.7 0.4 (Ireland) Cost (% of estate) 4.0 9.9 9.3 1.0 (Norway) Outcome (0 as piecemeal sale and 1 as going 0 .. .. .. concern) Strength of insolvency framework index (0-16) 11.5 6.6 11.9 None in 2017/18 Figure – Resolving Insolvency in Karachi and comparator economies – Ranking and Score DB 2019 Resolving Insolvency Score 0 100 60.92: Lahore 59.29: Karachi 55.82: China (Rank: 61) 40.84: India (Rank: 108) 28.20: Bangladesh (Rank: 153) Note: The ranking of economies on the ease of resolving insolvency is determined by sorting their scores for resolving insolvency. These scores are the simple average of the scores for the recovery rate and the strength of insolvency framework index. Figure – Resolving Insolvency in Karachi – Time and Cost Time (years) Cost (% of estate) 4.5 4.3 25 4.0 22.0 4 Cost (% of estate) 3.5 20 Time (years) 3 2.8 2.6 2.3 15 2.5 2 1.7 1.7 9.3 9.9 9.0 10 8.0 1.5 1 4.0 4.0 5 0.5 0 0 Bangladesh China India Karachi Lahore OECD South high Asia income Page 91 Doing Business 2019 Pakistan Figure – Resolving Insolvency in Karachi and comparator economies – Measure of Quality Karachi 5.5 2.5 2 1.5 Bangladesh 2 2 0 China 5 3 1 2.5 India 4.5 2 1 1 Lahore 5.5 2.5 2 1.5 OECD high income 5.3 2.8 2.2 1.9 South Asia 3.6 2.1 0.9 0.9 0 2 4 6 8 10 12 14 Sub-Indicator Score Management of debtor's assets index (0-6) Commencement of proceedings index (0-3) Creditor participation index (0-4) Reorganization proceedings index (0-3) Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Figure – Resolving Insolvency in Karachi and comparator economies – Recovery Rate Recovery rate(cents on the dollar) 100 80 60 43.4 46.4 40 36.9 32.7 29.2 26.5 20 0 Karachi Bangladesh China India Lahore South Asia Page 92 Doing Business 2019 Pakistan Details – Resolving Insolvency in Karachi Indicator Answer Score Proceeding foreclosure After Mirage's default on payment, the BizBank will bring a recovery action (foreclosure proceedings) under Section 9 of the Financial Institutions (Recovery of Finances) Ordinance 2001, against the Mirage at the Banking Court. This is the most effective way for BizBank to recoup its investment with the security interest over Mirage's assets. Outcome piecemeal sale After Court's decision on Mirage's case, BizBank would gain possession of Mirage's assets and sell them piecemeal in a public auction by the court appointed auctioneer. The hotel will stop operating. Time (in years) 2.8 The foreclosure procedure until BizBank is repaid some or all of the money owed to it takes approximate 2.8 years. BizBank would initiate foreclosure 3 months after Mirage's default. The Court will then review the case, notify all relevant parties, hold a hearing and appoint an official receiver. This period usually takes about 4 months. Then it takes approximate half a year for the court appointed official receiver to finalize creditors' claims and an additional 4 months to have the court's final decision made. The court would then appoint an auctioneer to conduct the sale of Mirage's assets. Execution of the auction sale until BizBank is repaid takes around 1 year. Cost (% of 4.0 The costs associated with the case would amount to approximately 4% of the value of the debtor's estate) estate. Cost incurred during the entire insolvency process mainly include court or government agency fees (0.1%), attorneys’ fees (2%), costs of notification and publication (<1%), fees of accountants, assessors, inspectors and other professionals (1%), and fees of auctioneers (1%). Recovery rate 43.4 (cents on the dollar) Page 93 Doing Business 2019 Pakistan Details – Resolving Insolvency in Karachi – Measure of Quality Answer Score Strength of insolvency framework index (0-16) 11.5 Commencement of proceedings index (0-3) 2.5 What procedures are available to a DEBTOR when commencing insolvency proceedings? (a) Debtor may 1.0 file for both liquidation and reorganization Does the insolvency framework allow a CREDITOR to file for insolvency of the debtor? (b) Yes, but a 0.5 creditor may file for liquidation only What basis for commencement of the insolvency proceedings is allowed under the (a) Debtor is 1.0 insolvency framework? generally unable to pay its debts as they mature Management of debtor's assets index (0-6) 5.5 Does the insolvency framework allow the continuation of contracts supplying essential goods Yes 1.0 and services to the debtor? Does the insolvency framework allow the rejection by the debtor of overly burdensome Yes 1.0 contracts? Does the insolvency framework allow avoidance of preferential transactions? Yes 1.0 Does the insolvency framework allow avoidance of undervalued transactions? Yes 1.0 Does the insolvency framework provide for the possibility of the debtor obtaining credit after Yes 1.0 commencement of insolvency proceedings? Does the insolvency framework assign priority to post-commencement credit? (a) Yes over all 0.5 pre- commencement creditors, secured or unsecured Reorganization proceedings index (0-3) 1.5 Which creditors vote on the proposed reorganization plan? (a) All creditors 0.5 Does the insolvency framework require that dissenting creditors in reorganization receive at Yes 1.0 least as much as what they would obtain in a liquidation? Are the creditors divided into classes for the purposes of voting on the reorganization plan, No 0.0 does each class vote separately and are creditors in the same class treated equally? Creditor participation index (0-4) 2.0 Does the insolvency framework require approval by the creditors for selection or No 0.0 appointment of the insolvency representative? Does the insolvency framework require approval by the creditors for sale of substantial Yes 1.0 assets of the debtor? Does the insolvency framework provide that a creditor has the right to request information No 0.0 from the insolvency representative? Does the insolvency framework provide that a creditor has the right to object to decisions Yes 1.0 accepting or rejecting creditors' claims? Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Page 94 Doing Business 2019 Pakistan Resolving Insolvency - Lahore Indicator Lahore South Asia OECD high Best Regulatory income Performance Recovery rate (cents on the dollar) 46.4 32.7 70.5 None in 2017/18 Time (years) 2.3 2.6 1.7 0.4 (Ireland) Cost (% of estate) 4.0 9.9 9.3 1.0 (Norway) Outcome (0 as piecemeal sale and 1 as going 0 .. .. .. concern) Strength of insolvency framework index (0-16) 11.5 6.6 11.9 None in 2017/18 Figure – Resolving Insolvency in Lahore and comparator economies – Ranking and Score DB 2019 Resolving Insolvency Score 0 100 60.92: Lahore 59.29: Karachi 55.82: China (Rank: 61) 40.84: India (Rank: 108) 28.20: Bangladesh (Rank: 153) Note: The ranking of economies on the ease of resolving insolvency is determined by sorting their scores for resolving insolvency. These scores are the simple average of the scores for the recovery rate and the strength of insolvency framework index. Figure – Resolving Insolvency in Lahore – Time and Cost Time (years) Cost (% of estate) 4.5 4.3 25 4.0 22.0 4 Cost (% of estate) 3.5 20 Time (years) 3 2.8 2.6 2.3 15 2.5 2 1.7 1.7 9.3 9.9 9.0 10 8.0 1.5 1 4.0 4.0 5 0.5 0 0 Bangladesh China India Karachi Lahore OECD South high Asia income Page 95 Doing Business 2019 Pakistan Figure – Resolving Insolvency in Lahore and comparator economies – Measure of Quality Lahore 5.5 2.5 2 1.5 Bangladesh 2 2 0 China 5 3 1 2.5 India 4.5 2 1 1 Karachi 5.5 2.5 2 1.5 OECD high income 5.3 2.8 2.2 1.9 South Asia 3.6 2.1 0.9 0.9 0 2 4 6 8 10 12 14 Sub-Indicator Score Management of debtor's assets index (0-6) Commencement of proceedings index (0-3) Creditor participation index (0-4) Reorganization proceedings index (0-3) Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Figure – Resolving Insolvency in Lahore and comparator economies – Recovery Rate Recovery rate(cents on the dollar) 100 80 60 46.4 43.4 40 36.9 32.7 29.2 26.5 20 0 Lahore Bangladesh China India Karachi South Asia Page 96 Doing Business 2019 Pakistan Details – Resolving Insolvency in Lahore Indicator Answer Score Proceeding foreclosure After Mirage's default on payment, the BizBank will bring a recovery action (foreclosure proceedings) under Section 9 of the Financial Institutions (Recovery of Finances) Ordinance 2001, against the Mirage at the Banking Court. This is the most effective way for BizBank to recoup its investment with the security interest over Mirage's assets. Outcome piecemeal sale After Court's decision on Mirage's case, BizBank would gain possession of Mirage's assets and sell them piecemeal in a public auction by the court appointed auctioneer. The hotel will stop operating. Time (in years) 2.3 Recovery law is a specialized law and provides a restricted time frame of ninety days to conclude the foreclosure procedure. However, in practice, it may extend to about 28 months. The time consumed in obtaining a judgement before the Banking Court is year and some additional months. The time for the successful execution and enforcement of decree also takes approximately an additional a year Cost (% of 4.0 The costs associated with the case would amount to approximately 4% of the value of the debtor's estate) estate. Cost incurred during the entire insolvency process mainly include court or government agency fees (0.1%), attorneys’ fees (2%), costs of notification and publication (<1%), fees of accountants, assessors, inspectors and other professionals (1%), and fees of auctioneers (1%). Recovery rate 46.4 (cents on the dollar) Page 97 Doing Business 2019 Pakistan Details – Resolving Insolvency in Lahore – Measure of Quality Answer Score Strength of insolvency framework index (0-16) 11.5 Commencement of proceedings index (0-3) 2.5 What procedures are available to a DEBTOR when commencing insolvency proceedings? (a) Debtor may 1.0 file for both liquidation and reorganization Does the insolvency framework allow a CREDITOR to file for insolvency of the debtor? (b) Yes, but a 0.5 creditor may file for liquidation only What basis for commencement of the insolvency proceedings is allowed under the (a) Debtor is 1.0 insolvency framework? generally unable to pay its debts as they mature Management of debtor's assets index (0-6) 5.5 Does the insolvency framework allow the continuation of contracts supplying essential goods Yes 1.0 and services to the debtor? Does the insolvency framework allow the rejection by the debtor of overly burdensome Yes 1.0 contracts? Does the insolvency framework allow avoidance of preferential transactions? Yes 1.0 Does the insolvency framework allow avoidance of undervalued transactions? Yes 1.0 Does the insolvency framework provide for the possibility of the debtor obtaining credit after Yes 1.0 commencement of insolvency proceedings? Does the insolvency framework assign priority to post-commencement credit? (a) Yes over all 0.5 pre- commencement creditors, secured or unsecured Reorganization proceedings index (0-3) 1.5 Which creditors vote on the proposed reorganization plan? (a) All creditors 0.5 Does the insolvency framework require that dissenting creditors in reorganization receive at Yes 1.0 least as much as what they would obtain in a liquidation? Are the creditors divided into classes for the purposes of voting on the reorganization plan, No 0.0 does each class vote separately and are creditors in the same class treated equally? Creditor participation index (0-4) 2.0 Does the insolvency framework require approval by the creditors for selection or No 0.0 appointment of the insolvency representative? Does the insolvency framework require approval by the creditors for sale of substantial Yes 1.0 assets of the debtor? Does the insolvency framework provide that a creditor has the right to request information No 0.0 from the insolvency representative? Does the insolvency framework provide that a creditor has the right to object to decisions Yes 1.0 accepting or rejecting creditors' claims? Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Page 98 Doing Business 2019 Pakistan Labor Market Regulation Doing Business presents detailed data for the labor market regulation indicators on the Doing Business website (http://www.doingbusiness.org). The report does not present rankings of economies on these indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Hiring To make the data comparable across economies, several assumptions about the (i) whether fixed-term contracts are prohibited for worker and the business are used. permanent tasks; (ii) maximum cumulative duration of fixed-term contracts; (iii) length of the The worker: probationary period; (iv) minimum wage. - Is a cashier in a supermarket or grocery store, age 19, with one year of work experience. Working hours - Is a full-time employee. (i) maximum number of working days allowed per - Is not a member of the labor union, unless membership is mandatory. week; (ii) premiums for work: at night, on a weekly rest day and overtime; (iii) whether there are The business: restrictions on work at night, work on a weekly rest - Is a limited liability company (or the equivalent in the economy). day and for overtime work; (iv) whether - Operates a supermarket or grocery store in the economy’s largest business city. nonpregnant and nonnursing women can work For 11 economies the data are also collected for the second largest business city. same night hours as men; (v) length of paid annual - Has 60 employees. leave. - Is subject to collective bargaining agreements if such agreements cover more than 50% of the food retail sector and they apply even to firms that are not party to them. Redundancy rules - Abides by every law and regulation but does not grant workers more benefits than (i) whether redundancy can be basis for terminating those mandated by law, regulation or (if applicable) collective bargaining workers; (ii) whether employer needs to notify agreements. and/or get approval from third party to terminate 1 redundant worker and a group of 9 redundant workers; (iii) whether law requires employer to reassign or retrain a worker before making worker redundant; (iv) whether priority rules apply for redundancies and reemployment. Redundancy cost (i) notice period for redundancy dismissal; (ii) severance payments due when terminating a redundant worker. Job quality (i) whether law mandates equal remuneration for work of equal value and nondiscrimination based on gender in hiring; (ii) whether law mandates paid or unpaid maternity leave; (iii) length of paid maternity leave; (iv) whether employees on maternity leave receive 100% of wages; (v) availability of five fully paid days of sick leave a year; (vi) eligibility requirements for unemployment protection. Page 99 Doing Business 2019 Pakistan Labor Market Regulation - Karachi Details – Labor Market Regulation in Karachi Answer Hiring Fixed-term contracts prohibited for permanent tasks? Yes Maximum length of a single fixed-term contract (months) 9.0 Maximum length of fixed-term contracts, including renewals (months) 9.0 Minimum wage applicable to the worker assumed in the case study (US$/month) 138.7 Ratio of minimum wage to value added per worker 0.6 Maximum length of probationary period (months) 3.0 Working hours Standard workday 9.0 Maximum number of working days per week 6.0 Premium for night work (% of hourly pay) 0.0 Premium for work on weekly rest day (% of hourly pay) 100.0 Premium for overtime work (% of hourly pay) 100.0 Restrictions on night work? Yes Whether nonpregnant and nonnursing women can work the same night hours as men No Restrictions on weekly holiday? Yes Restrictions on overtime work? No Paid annual leave for a worker with 1 year of tenure (working days) 14.0 Paid annual leave for a worker with 5 years of tenure (working days) 14.0 Paid annual leave for a worker with 10 years of tenure (working days) 14.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in working days) 14.0 Redundancy rules Dismissal due to redundancy allowed by law? Yes Third-party notification if one worker is dismissed? No Third-party approval if one worker is dismissed? No Third-party notification if nine workers are dismissed? No Third-party approval if nine workers are dismissed? No Retraining or reassignment obligation before redundancy? No Priority rules for redundancies? Yes Priority rules for reemployment? Yes Redundancy cost Notice period for redundancy dismissal for a worker with 1 year of tenure 4.3 Notice period for redundancy dismissal for a worker with 5 years of tenure 4.3 Notice period for redundancy dismissal for a worker with 10 years of tenure 4.3 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 4.3 Severance pay for redundancy dismissal for a worker with 1 year of tenure 4.3 Page 100 Doing Business 2019 Pakistan Severance pay for redundancy dismissal for a worker with 5 years of tenure 21.4 Severance pay for redundancy dismissal for a worker with 10 years of tenure 42.9 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 22.9 Job quality Equal remuneration for work of equal value? No Gender nondiscrimination in hiring? No Paid or unpaid maternity leave mandated by law? Yes Minimum length of maternity leave (calendar days)? 84.0 Receive 100% of wages on maternity leave? Yes Five fully paid days of sick leave a year? Yes Unemployment protection after one year of employment? No Minimum contribution period for unemployment protection (months)? n.a. Page 101 Doing Business 2019 Pakistan Labor Market Regulation - Lahore Details – Labor Market Regulation in Lahore Answer Hiring Fixed-term contracts prohibited for permanent tasks? Yes Maximum length of a single fixed-term contract (months) 9.0 Maximum length of fixed-term contracts, including renewals (months) 9.0 Minimum wage applicable to the worker assumed in the case study (US$/month) 138.7 Ratio of minimum wage to value added per worker 0.6 Maximum length of probationary period (months) 3.0 Working hours Standard workday 9.0 Maximum number of working days per week 6.0 Premium for night work (% of hourly pay) 0.0 Premium for work on weekly rest day (% of hourly pay) 100.0 Premium for overtime work (% of hourly pay) 100.0 Restrictions on night work? Yes Whether nonpregnant and nonnursing women can work the same night hours as men No Restrictions on weekly holiday? Yes Restrictions on overtime work? No Paid annual leave for a worker with 1 year of tenure (working days) 14.0 Paid annual leave for a worker with 5 years of tenure (working days) 14.0 Paid annual leave for a worker with 10 years of tenure (working days) 14.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in working days) 14.0 Redundancy rules Dismissal due to redundancy allowed by law? Yes Third-party notification if one worker is dismissed? No Third-party approval if one worker is dismissed? No Third-party notification if nine workers are dismissed? No Third-party approval if nine workers are dismissed? No Retraining or reassignment obligation before redundancy? No Priority rules for redundancies? Yes Priority rules for reemployment? Yes Redundancy cost Notice period for redundancy dismissal for a worker with 1 year of tenure 4.3 Notice period for redundancy dismissal for a worker with 5 years of tenure 4.3 Notice period for redundancy dismissal for a worker with 10 years of tenure 4.3 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 4.3 Severance pay for redundancy dismissal for a worker with 1 year of tenure 4.3 Page 102 Doing Business 2019 Pakistan Severance pay for redundancy dismissal for a worker with 5 years of tenure 21.4 Severance pay for redundancy dismissal for a worker with 10 years of tenure 42.9 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 22.9 Job quality Equal remuneration for work of equal value? No Gender nondiscrimination in hiring? No Paid or unpaid maternity leave mandated by law? Yes Minimum length of maternity leave (calendar days)? 84.0 Receive 100% of wages on maternity leave? Yes Five fully paid days of sick leave a year? Yes Unemployment protection after one year of employment? No Minimum contribution period for unemployment protection (months)? n.a. Page 103 Doing Business 2019 Pakistan Business Reforms in Pakistan In the past year, Doing Business observed a peaking of reform activity worldwide. From June 2, 2017, to May 1, 2018, 128 economies implemented a record 314 regulatory reforms improving the business climate. Reforms inspired by Doing Business have been implemented by economies in all regions. The following are reforms implemented since Doing Business 2008. = Doing Business reform making it easier to do business. = Change making it more difficult to do business. DB2019 Starting a Business: Pakistan made starting a business easier by enhancing the online one-stop registration system, replacing several forms for incorporation with a single application and establishing information exchange between the registry and the tax authority. This change applies to both Karachi and Lahore. Registering Property: Pakistan (Lahore) made registering property easier by streamlining and automating administrative procedures, and by increasing the transparency of its land administration system. Pakistan (Karachi) made registering property easier by increasing the transparency of the land registry. Resolving Insolvency: Pakistan made resolving insolvency easier by introducing the reorganization procedure and improving the continuation of the debtor’s business during insolvency proceedings. This change applies to both Karachi and Lahore. DB2018 Starting a Business: Pakistan made starting a business easier by replacing the need to obtain a digital signature for company incorporation with a less costly personal identification number. This change applies to both Karachi and Lahore. Registering Property: Pakistan, Karachi improved the transparency of the land registration process by publishing online the fee schedule and the list of documents necessary to complete any property registration. Protecting Minority Investors: Pakistan increased minority investor protections by making it easier to sue directors in case of prejudicial transactions with interested parties. This reform applies to both Karachi and Lahore. Trading across Borders: Pakistan made importing and exporting easier by developing a new container terminal and enhancing its customs platform for electronic document submission. These changes apply to both Karachi and Lahore. DB2017 Registering Property: Pakistan improved the quality of land administration by digitizing ownership and land records. This reform applies to Lahore. Getting Credit: Pakistan improved access to credit information guaranteeing by law borrowers’ rights to inspect their own data. The credit bureau also expanded its borrower coverage. This reform applies to both Lahore and Karachi. Trading across Borders: Pakistan made exporting and importing easier by enhancing its electronic "Web Based One Customs Platform". DB2016 Getting Electricity: Pakistan (Karachi), made the process for getting an electricity connection faster as the distribution utility improved the stock of material for the external connection works. DB2015 Trading across Borders: Pakistan made trading across borders easier by introducing a fully automated, computerized system (the Web- Based One Customs system) for the submission and processing of export and import documents. This reform applies to both Lahore and Karachi. DB2012 Paying Taxes: Pakistan increased the profit tax rate for small firms. DB2011 Registering Property: Pakistan made property transfer more affordable by reducing the stamp duty rate. Trading across Borders: Pakistan reduced the time to export by improving electronic communication between the Karachi Port authorities and the private terminals, which have also boosted efficiency by introducing new equipment. DB2010 Starting a Business: Pakistan made starting a business easier by introducing an electronic registration system, allowing online registration for sales tax and eliminating the requirement to make the declaration of compliance on a stamped paper. Page 104 Doing Business 2019 Pakistan DB2008 Registering Property: Pakistan made registering property more expensive by increasing the capital value tax. Getting Credit: Pakistan’s private credit bureau began distributing positive as well as negative credit information, and its public credit registry eliminated the minimum threshold for loans included in its database. Page 105 Doing Business 2019 Pakistan Page 106