Doing Business 2019 Comoros Economy Profile Comoros Page 1 Doing Business 2019 Comoros Economy Profile of Comoros 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 Comoros 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 Comoros Ease of Doing Business in Region Sub-Saharan Africa DB 2019 Rank 190 1 Comoros Income Category Low income 164 DB 2019 Ease of doing business score Population 813,912 0 100 City Covered Moroni 48.66 DB 2019 Ease of Doing Business Score 0 100 79.58: Mauritius (Rank: 20) 70.31: Kenya (Rank: 61) 55.53: Mozambique (Rank: 135) 51.61: Regional Average (Sub-Saharan Africa) 48.89: Madagascar (Rank: 161) 48.66: Comoros (Rank: 164) 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 - Comoros 1 28 55 85 82 Rank 109 114 118 124 139 136 149 164 168 168 163 179 190 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 - Comoros 100 80 72.25 69.22 66.87 57.72 57.70 Score 60 49.86 40.00 40.00 40 32.97 20 0.00 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 Comoros 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 also collected for the second largest business city. business or to leave the home to register the - The entire office space is approximately 929 square meters (10,000 square feet). company - 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 - Does not qualify for investment incentives or any special benefits. procedures cannot start on the same day) - 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 The owners: document is received - Have reached the legal age of majority. If there is no legal age of majority, they are • No prior contact with officials 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 Comoros Starting a Business - Comoros Standardized Company Legal form Limited Liability Company Paid-in minimum capital requirement KMF 100,000 City Covered Moroni Indicator Comoros Sub-Saharan OECD high Best Regulatory Africa income Performance Procedure – Men (number) 9 7.4 4.9 1 (New Zealand) Time – Men (days) 16 23.3 9.3 0.5 (New Zealand) Cost – Men (% of income per capita) 82.5 44.4 3.1 0.0 (Slovenia) Procedure – Women (number) 9 7.6 4.9 1 (New Zealand) Time – Women (days) 16 23.4 9.3 0.5 (New Zealand) Cost – Women (% of income per capita) 82.5 44.4 3.1 0.0 (Slovenia) Paid-in min. capital (% of income per capita) 28.5 10.0 8.6 0.0 (117 Economies) Figure – Starting a Business in Comoros and comparator economies – Ranking and Score DB 2019 Starting a Business Score 0 100 94.34: Mauritius (Rank: 21) 88.10: Madagascar (Rank: 81) 82.41: Kenya (Rank: 126) 78.52: Regional Average (Sub-Saharan Africa) 72.25: Comoros (Rank: 164) 67.56: Mozambique (Rank: 174) 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 Comoros Figure – Starting a Business in Comoros – Procedure, Time and Cost Time (days) Cost (% of income per capita) 16 70 14 60 Cost (% of income per capita) 12 50 Time (days) 10 40 8 30 6 20 4 2 10 0 0 1 2 3 4 5 6 *7 8 *9 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 Comoros Details – Starting a Business in Comoros – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Verify and reserve the company name 1 day no charge Agency : Commercial Registry Business founders can verify the availability of the proposed company name at the Commercial Registry, and reserve the name free of charge. 2 Deposit the start-up capital at the bank and obtain a receipt 1 day no charge Agency : Bank The entrepreneurs must deposit their start-up minimum capital and provide the proof of deposit to the Commercial Court for the company registration. 3 Register the company’s articles of association with the public notary 1 day KMF 22,500 for the Agency : Public Notary authentification of the All new businesses must deposit and register the company’s articles of articles of association association with the public notary. and the statement of deposit 4 Deposit the company's articles of association at the Ministry of Finance 2 days KMF 16,000 for Agency : Ministry of Finance (Services des domaines) registration + KMF It is necessary to deposit the company's articles of association at Ministry of 500 for stamp duty Finance. per page (for 3 copies of the articles of association, with 10 pages each) 5 Register the company at the Commercial Court 1 day KMF 15,000 Agency : Commercial Court To register a company at the Commercial Court, the following documents are required: • The list of managers, administrators, or associates with the power to act on behalf of the company (two copies); • The property title or lease agreement; • Capital declaration; • Copies of the statutes certified by FIS; • Managers’ criminal records. The applicants pay 10,000 KMF for the registration itself and an additional 5,000 KMF for administrative fees. Although the requirement to publish the statutes in the Official Journal is mandated by the Organization for the Harmonization of Business Law in Africa (Organisation pour l'Harmonisation du Droit des Affaires en Afrique, OHADA), this requirement is not observed because (a) the Official Journal does not function consistently; and (b) the publication fee has not been published. Thus, the registrar has no power to charge for the publication. There are other daily and weekly journals in which a notice of company incorporation can be published. At the directors’ discretion, they may opt to publish in other daily and weekly journals. 6 Obtain the professional license (patente) at the Tax Administration 8 days on average see comments Agency : Tax Administration The professional license (patente) may be obtained at a fee of 10% of the annual lease value plus a fixed fee, according to the table of activities (e.g., KMF 150,000 for a general wholesale retailer), plus 10% of said percentage and fee combined as an additional tax (centime additionelle commune). 7 Legalize the company books at the court 7 days on average KMF 1,000 per book Agency : Court (simultaneous with All new businesses must legalize their company books at the court. previous procedure) 8 Make a company seal 2 days KMF 12,500 Agency : Sealmaker A company seal can be obtained at a cost of KMF 12,500, which is the cost charged by Studio Med, one of the most common private seal makers in Moroni. 9 Register for social security 1 day (simultaneous no charge Agency : Social Security Office with previous All new businesses must register for social security. procedure) Takes place simultaneously with previous procedure. Page 8 Doing Business 2019 Comoros 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 topographical experts. completion - 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 - Will be used for general storage activities, such as storage of books or stationery. information - 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 as procedures. Cost required to complete each procedure (% of - Will take 30 weeks to construct (excluding all delays due to administrative and income per capita) 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 no sewerage infrastructure, a septic tank in the smallest size available will be • Quality control before construction (0-1) 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 9 Doing Business 2019 Comoros Dealing with Construction Permits - Comoros Standardized Warehouse Estimated value of warehouse KMF 17,553,130.90 City Covered Moroni Indicator Comoros Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 10 14.7 12.7 None in 2017/18 Time (days) 108 145.7 153.1 None in 2017/18 Cost (% of warehouse value) 1.2 8.8 1.5 None in 2017/18 Building quality control index (0-15) 4.0 8.5 11.5 15.0 (3 Economies) Figure – Dealing with Construction Permits in Comoros and comparator economies – Ranking and Score DB 2019 Dealing with Construction Permits Score 0 100 82.51: Mauritius (Rank: 15) 72.57: Mozambique (Rank: 64) 69.22: Comoros (Rank: 85) 63.49: Kenya (Rank: 128) 58.59: Regional Average (Sub-Saharan Africa) 37.54: Madagascar (Rank: 183) 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 Comoros – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 0.8 100 0.7 Cost (% of warehouse value) 80 0.6 Time (days) 0.5 60 0.4 40 0.3 0.2 20 0.1 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 10 Doing Business 2019 Comoros Figure – Dealing with Construction Permits in Comoros and comparator economies – Measure of Quality 15 14.0 11.0 Index score 10 9.0 8.5 6.0 5 4.0 0 Comoros Kenya Madagascar Mauritius Mozambique Sub-Saharan Africa Details – Dealing with Construction Permits in Comoros – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain planning permit (permis d'attribution) 7 days no charge Agency : Service des Domaines The planning permit (permis d'attribution) certifies that a commercial warehouse can be built on the plot of land. 2 Request and obtain a recent copy of the property title 5 days KMF 1,000 Agency : Service des Domaines The certificate of ownership must be obtained 3 months before starting construction. 3 Apply for building permit and request inspection to verify the survey plan 15 days KMF 40,000 (plan croquis) Agency : Service Topographique (Service de l'Urbanisme) The architect applies for the building permit and requests an inspection for the "Plan Croquis" at the same time from the Service Topographique (Service de l'Urbanisme). The surveyor will visit the land and draws the plan site. 4 Receive inspection by the Commission 5 days no charge Agency : Commission de l'Urbanisme The Commission de l'Urbanisme includes the Services des Domaines, Service de l'Urbanisme et Département des Travaux Publics. They will jointly visit the site. This visit will determine whether the land meets all the requirements and that the information provided in the documents correspond to the characteristics of the plot of land. If everything is in order, the 3 agencies approve the application and sign the document. The document is later submitted to the Prefecture for signature for final approval. 5 Obtain building permit 7 days KMF 120,000 Agency : Préfecture d’Urbanisme, Service des Domaines To obtain a building permit, a dossier (including three copies of the documents) should be submitted. This dossier should include: • A certificat d'immatriculation, certifying the ownership of the property, not older than three months • Acte de vente or acte de notoriété: public documents that prove the ownership of the land • Plan de masse • Plan croquis • Architectural plan including: foundation plan, coupe transversal, façade principale and perspective • An estimation of costs 6 Request and receive municipal inspection at the start of construction 1 day no charge Agency : Service des Domaines This includes an inspection by the Municipality (services des domains). There are no unplanned or unannounced inspections. The site is inspected according to the plans submitted during the approval process. 7 Request and receive final inspection once construction is completed 1 day no charge Agency : Direction General des Travaux Publiques 8 Obtain certificate of conformity 10 days no charge Agency : Direction General des Travaux Publiques BuildCo must receive approval from the local authority that the warehouse has been built in compliance with the building plans submitted. 9 Register the building with the Ministry of Finance (Service des Domaines) 7 days no charge Agency : Service des Domaines Request and obtain water connection 56 days KMF 54,750 10 Agency : MAMWE Page 11 Doing Business 2019 Comoros Takes place simultaneously with previous procedure. Page 12 Doing Business 2019 Comoros Details – Dealing with Construction Permits in Comoros – Measure of Quality Answer Score Building quality control index (0-15) 4.0 Quality of building regulations index (0-2) 0.0 How accessible are building laws and regulations in your economy? (0-1) Not easily 0.0 accessible. Which requirements for obtaining a building permit are clearly specified in the building List of required 0.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Available only on request. 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. Quality control during construction index (0-3) 0.0 What types of inspections (if any) are required by law to be carried out during construction? . 0.0 (0-2) Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 0.0 inspections are not always done in practice during construction. Quality control after construction index (0-3) 2.0 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 0.0 does not always occur in practice. Liability and insurance regimes index (0-2) 1.0 Which parties (if any) are held liable by law for structural flaws or problems in the building Architect or 1.0 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) engineer; Construction company. 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) 0.0 What are the qualification requirements for the professional responsible for verifying that the University degree 0.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) in architecture or engineering. What are the qualification requirements for the professional who supervises the construction University degree 0.0 on the ground? (0-2) in engineering, construction or construction management. Page 13 Doing Business 2019 Comoros 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 - Has two stories with a total surface area of approximately 1,300.6 square meters obtaining final supply (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 carried out on public land. There is no crossing of other owners’ private property Cost required to complete each procedure (% of 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 switchboard and the meter base. • Value added tax excluded 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 there are no electricity cuts (assumed for simplicity reasons) and the monthly energy • Tools to monitor power outages (0–1) 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 supplier. • Regulatory monitoring of utilities’ performance (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 14 Doing Business 2019 Comoros Getting Electricity - Comoros Standardized Connection Price of electricity (US cents per kWh) 26.8 Name of utility MaMWE City Covered Moroni Indicator Comoros Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 3 5.2 4.5 3 (25 Economies) Time (days) 120 112.0 77.2 18 (3 Economies) Cost (% of income per capita) 2005.2 3456.5 64.2 0.0 (3 Economies) Reliability of supply and transparency of tariff 0 1.6 7.5 8.0 (27 Economies) index (0-8) Figure – Getting Electricity in Comoros and comparator economies – Ranking and Score DB 2019 Getting Electricity Score 0 100 86.24: Mauritius (Rank: 34) 76.80: Kenya (Rank: 75) 71.02: Mozambique (Rank: 100) 57.72: Comoros (Rank: 139) 49.00: Regional Average (Sub-Saharan Africa) 22.48: Madagascar (Rank: 185) 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 15 Doing Business 2019 Comoros Figure – Getting Electricity in Comoros – Procedure, Time and Cost Time (days) Cost (% of income per capita) 120 2500 Cost (% of income per capita) 100 2000 80 Time (days) 1500 60 1000 40 500 20 0 0 1 *2 3 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 Comoros and comparator economies – Measure of Quality 8 7 6 6 Index score 5 4 4 4 3 2 1.6 1 0 0 0 Comoros Kenya Madagascar Mauritius Mozambique Sub-Saharan Africa Page 16 Doing Business 2019 Comoros Details – Getting Electricity in Comoros – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to Ma-MWE and await estimate 10 calendar days KMF 5,000 Agency : MA-MWE To apply for a new connection, the following documents are required by the utility: - ID card - Connection authorization from MA-MWE - Property title (in practice, this has never been requested) - A plan of the installations (in practice, this has never been requested) 2 Receive external inspection by Ma-MWE 1 calendar day KMF 0 Agency : MA-MWE An inspection of the site is needed to carry out a technical study of the connection works. 3 Obtain external works and final connection from Ma-MWE 110 calendar days KMF 7,034,541.14 Agency : MA-MWE Only MA-MWE is in charge of the external works (which, in this case, consist of installing an overhead substation). The material for this case is usually not available in the utility's stock, and it often has to be imported from France (especially for the transformer). The material to be installed includes the overhead transformer and its accessories (on both sides of the transformers), cables, poles (a pole every 70 meters), joints, panel, and meter. The excavation permit is obtained by the utility from the relevant public agencies. No inspection of the internal wiring is carried out. Takes place simultaneously with previous procedure. Page 17 Doing Business 2019 Comoros Details – Getting Electricity in Comoros – 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 N/A Mechanisms for monitoring outages (0-1) 0 Does the distribution utility use automated tools to monitor outages? No Mechanisms for restoring service (0-1) 0 Does the distribution utility use automated tools to restore service? No Regulatory monitoring (0-1) 0 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of No supply? Financial deterrents aimed at limiting outages (0-1) 0 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages No exceed a certain cap? Communication of tariffs and tariff changes (0-1) 0 Are effective tariffs available online? No Link to the website, if available online n.a Are customers notified of a change in tariff ahead of the billing cycle? Yes 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 18 Doing Business 2019 Comoros 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 10 years. • Each procedure starts on a separate day - - Is registered in the land registry or cadastre, or both, and is free of title disputes. though procedures that can be fully completed 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. - Has no trees, natural water sources, natural reserves or historical monuments of • Official costs only (such as administrative fees, any kind. duties and taxes). - 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 19 Doing Business 2019 Comoros Registering Property - Comoros Indicator Comoros Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 4 6.2 4.7 1 (4 Economies) Time (days) 30 53.9 20.1 1 (New Zealand) Cost (% of property value) 8.0 7.6 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 Comoros and comparator economies – Ranking and Score DB 2019 Registering Property Score 0 100 78.74: Mauritius (Rank: 35) 57.70: Comoros (Rank: 114) 55.97: Kenya (Rank: 122) 52.94: Mozambique (Rank: 133) 52.62: Regional Average (Sub-Saharan Africa) 44.72: Madagascar (Rank: 162) 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 Comoros – Procedure, Time and Cost Time (days) Cost (% of property value) 30 5 25 Cost (% of property value) 4 20 Time (days) 3 15 2 10 1 5 0 0 1 2 3 4 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 20 Doing Business 2019 Comoros Figure – Registering Property in Comoros and comparator economies – Measure of Quality 30 25 Index score 20 18.0 16.0 15 10 8.5 8.8 7.0 7.5 5 0 Comoros Kenya Madagascar Mauritius Mozambique Sub-Saharan Africa Details – Registering Property in Comoros – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Title search at the Service des Domaines 4 days no charge Agency : Land Registry (Service des Domaines) Parties should conduct a search of the title at the Service des Domaines to check the ownership and any encumbrances or liens. 2 Buyer and his topographer visit the property to survey and see that the title 21 days KMF 40,000 description matches the property Agency : Topographer This is not a mandatory Procedure, but it is standard practice for buyers. Topographers are in high demand, which accounts for the delay. They are often hired from the Service des Domaines. During the survey, the topographer and buyer may also consult with the neighbors of the property to verify the owner and limits. 3 Draft and notarize the sale purchase agreement 4 days KMF 802,125.23; Agency : Notary (Official notary fee: This is not a mandatory Procedure, but it's standard practice. The contract can - Up to 1,000,000: be written by anyone. The parties can write it themselves if they want but fixed fee off 50,000 companies commonly hire a lawyer to draft it. KMF - 5 %: Transaction 1,000,001 - 10,000,000 KMF - 4 %: Transaction 10,000,001 - 20,000,000 KMF - 3 %: Transaction 20,000,001 - 30,000,000 KMF - 2 %: Transaction 30,000,001 - 40,000,000 KMF - 1 %: Transaction 40.000,001 - 50.000,000 KMF - 0,75 %: Transaction over 50.000,001 KMF) 4 Register the sale purchase agreement with the Service des Domaines 1 day KMF 570,593.93; Agency : Land Registry (Service des Domaines) (10000F transfer tax The Service des Domaines will record the transfer in their books and officially + 3% of the property's change the name on the existing title to that of the buyer. value as a tax of publication + 32000F registration fees + 500F per page stamp duty (4 pages)) Takes place simultaneously with previous procedure. Page 21 Doing Business 2019 Comoros Details – Registering Property in Comoros – Measure of Quality Answer Score Reliability of infrastructure index (0-8) 2.0 What is the institution in charge of immovable property registration? Service des Domaines 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: Service topographique public et les bureaux topographiques agrées par l'état 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 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 Yes 1.0 same identification number for properties? Transparency of information index (0–6) 0.0 Who is able to obtain information on land ownership at the agency in charge of immovable Only 0.0 property registration in the largest business city? intermediaries and interested parties Is the list of documents that are required to complete any type of property transaction made Yes, in person 0.0 publicly available–and if so, how? Link for online access: Is the applicable fee schedule for any property transaction at the agency in charge of Yes, in person 0.0 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: 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 No 0.0 immovable property registration agency? Number of property transfers in the largest business city in 2017: Who is able to consult maps of land plots in the largest business city? Only 0.0 intermediaries and interested parties 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: Page 22 Doing Business 2019 Comoros 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) 5.0 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? Yes 0.5 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? Notary; 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? Notary; Is there a national database to verify the accuracy of identity documents? No 0.0 For a standard land dispute between two local businesses over tenure rights of a property Court of first worth 50 times gross national income (GNI) per capita and located in the largest business instance - civil city, what court would be in charge of the case in the first instance? chamber How long does it take on average to obtain a decision from the first-instance court for such a Between 1 and 2 2.0 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 23 Doing Business 2019 Comoros 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 relating to the use of movable collateral. Credit registry coverage (% of adults) • 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 24 Doing Business 2019 Comoros Getting Credit - Comoros Indicator Comoros Sub-Saharan OECD high Best Regulatory Africa income Performance Strength of legal rights index (0-12) 6 5.2 6.1 12 (5 Economies) Depth of credit information index (0-8) 2 3.3 6.7 8 (42 Economies) Credit registry coverage (% of adults) 13 7.0 21.8 100.0 (4 Economies) Credit bureau coverage (% of adults) 0 8.9 65.3 100.0 (25 Economies) Figure – Getting Credit in Comoros and comparator economies – Ranking and Score DB 2019 Getting Credit Score 0 100 90.00: Kenya (Rank: 8) 65.00: Mauritius (Rank: 60) 42.08: Regional Average (Sub-Saharan Africa) 40.00: Comoros (Rank: 124) 40.00: Madagascar (Rank: 124) 25.00: Mozambique (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 Comoros and comparator economies 10 8 7 6 6 6 5.2 Index Score 5 4 3 2 2 1 1 0 Comoros Kenya Madagascar Mauritius Mozambique Sub-Saharan Africa Page 25 Doing Business 2019 Comoros Details – Legal Rights in Comoros Strength of legal rights index (0-12) 6 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and Yes 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 Yes 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 Yes 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 Yes 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 Comoros and comparator economies 8 8 7 7 6 6 Index Score 5 4 4 3.3 3 2 2 1 0 Comoros Kenya Madagascar Mauritius Mozambique Sub-Saharan Africa Page 26 Doing Business 2019 Comoros Details – Credit Information in Comoros 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? No No 0 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 No No 0 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? No No 0 By law, do borrowers have the right to access their data in the credit bureau or No No 0 credit registry? Can banks and financial institutions access borrowers’ credit information online No 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 No No 0 banks and financial institutions assess the creditworthiness of borrowers? Total Score ("yes" to either public bureau or private registry) 2 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 0 58,548 Number of firms 0 1,960 Total 0 60,508 Percentage of adult population 0 13 Page 27 Doing Business 2019 Comoros 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. - Mr. James proposes that Buyer purchase Seller’s unused fleet of trucks to expand • Extent of ownership and control index (0-10): Buyer’s distribution of its food products, a proposal to which Buyer agrees. The price Governance safeguards protecting shareholders is equal to 10% of Buyer’s assets and is higher than the market value. from undue board control and entrenchment - 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 28 Doing Business 2019 Comoros Protecting Minority Investors - Comoros Indicator Comoros Sub-Saharan OECD high Best Regulatory Africa income Performance Extent of disclosure index (0-10) 7.0 5.5 6.5 10 (13 Economies) Extent of director liability index (0-10) 1.0 3.5 5.3 10 (Cambodia) Ease of shareholder suits index (0-10) 5.0 5.5 7.3 10 (Djibouti) Extent of shareholder rights index (0-10) 4.0 4.6 6.4 10 (Kazakhstan) Extent of ownership and control index (0-10) 3.0 3.4 5.4 None in 2017/18 Extent of corporate transparency index (0-10) 4.0 4.1 7.6 10 (6 Economies) Figure – Protecting Minority Investors in Comoros and comparator economies – Ranking and Score DB 2019 Protecting Minority Investors Score 0 100 78.33: Kenya (Rank: 11) 75.00: Mauritius (Rank: 15) 51.67: Madagascar (Rank: 99) 44.55: Regional Average (Sub-Saharan Africa) 41.67: Mozambique (Rank: 140) 40.00: Comoros (Rank: 149) 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 Comoros and comparator economies – Measure of Quality Comoros 4 1 7 3 4 5 Kenya 5 10 10 6 7 9 Madagascar 4 6 7 5 4 5 Mauritius 8 8 7 6 7 9 Mozambique 1 4 5 2 6 7 OECD high income 7.4 5.5 6.5 5.2 6.3 7.4 Sub-Saharan Africa 4.3 3.6 5.6 3.4 4.7 5.6 0 5 10 15 20 25 30 35 40 45 50 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 29 Doing Business 2019 Comoros Details – Protecting Minority Investors in Comoros – Measure of Quality Answer Score Extent of conflict of interest regulation index (0-10) 4.3 Extent of disclosure index (0-10) 7.0 Whose decision is sufficient to approve the Buyer-Seller transaction? (0-3) Shareholders 3.0 excluding interested parties 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) 1.0 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- Not liable 0.0 2) Can shareholders hold the other directors liable for the damage the transaction caused to Not liable 0.0 Buyer (0-2) Must Mr. James pay damages for the harm caused to Buyer upon a successful claim by No 0.0 shareholders? (0-1) Must Mr. James repay profits made from the transaction upon a successful claim by No 0.0 shareholders? (0-1) Is Mr. James disqualified upon a successful claim by shareholders? (0-1) No 0.0 Can a court void the transaction upon a successful claim by shareholders? (0-2) Only in case of 0.0 fraud or bad faith Ease of shareholder suits index (0-10) 5.0 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) Documents that 2.0 directly prove specific facts in the plaintiff’s claim 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) No 0.0 Can shareholder plaintiffs recover their legal expenses from the company? (0-2) Yes if successful 1.0 Extent of shareholder governance index (0-10) 3.7 Extent of shareholder rights index (0-10) 4.0 Does the sale of 51% of Buyer's assets require shareholder approval? No 0.0 Can shareholders representing 10% of Buyer's share capital call for a meeting of Yes 1.0 shareholders? Must Buyer obtain its shareholders’ approval every time it issues new shares? Yes 1.0 Page 30 Doing Business 2019 Comoros Do shareholders automatically receive preemption rights every time Buyer issues new No 0.0 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 No 0.0 member approval? Assuming that Buyer is a limited company, can members representing 10% call for a No 0.0 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 No 0.0 the existing members before they can sell to non-members? Extent of ownership and control index (0-10) 3.0 Is it forbidden to appoint the same individual as CEO and chairperson of the board of No 0.0 directors? Must the board of directors include independent and nonexecutive board members? No 0.0 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 No 0.0 members? Must a potential acquirer make a tender offer to all shareholders upon acquiring 50% of No 0.0 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? No 0.0 Assuming that Buyer is a limited company, must Buyer have a mechanism to resolve No 0.0 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) 4.0 Must Buyer disclose direct and indirect beneficial ownership stakes representing 5%? No 0.0 Must Buyer disclose information about board members’ primary employment and No 0.0 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? No 0.0 Can shareholders representing 5% of Buyer’s share capital put items on the general meeting Yes 1.0 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? No 0.0 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 31 Doing Business 2019 Comoros 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 mandatory contributions are measured at all levels of government. • Collecting information, computing tax payable • 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 incorrect income tax return and a corporate income tax underpayment. TaxpayerCo. • Dividend, capital gains, financial transactions discovered the error and voluntarily notified the tax authority. The value of the taxes 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 32 Doing Business 2019 Comoros Paying Taxes - Comoros Indicator Comoros Sub-Saharan OECD high Best Regulatory Africa income Performance Payments (number per year) 33 37.4 11.2 3 (Hong Kong SAR, China) Time (hours per year) 100 280.6 159.4 49 (Singapore) Total tax and contribution rate (% of profit) 219.6 46.8 39.8 26.1% (32 Economies) Postfiling index (0-100) 57.33 54.63 84.41 None in 2017/18 Figure – Paying Taxes in Comoros and comparator economies – Ranking and Score DB 2019 Paying Taxes Score 0 100 93.50: Mauritius (Rank: 6) 72.37: Kenya (Rank: 91) 64.04: Mozambique (Rank: 125) 62.62: Madagascar (Rank: 132) 57.52: Regional Average (Sub-Saharan Africa) 49.86: Comoros (Rank: 168) 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 Comoros and comparator economies – Measure of Quality 98.26 100 80 Index score 62.03 60 57.33 54.63 50.19 40 21.84 20 0 Comoros Kenya Madagascar Mauritius Mozambique Sub-Saharan Africa Page 33 Doing Business 2019 Comoros Details – Paying Taxes in Comoros 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) Consumption 12.0 48.0 10% sales 176.77 tax Corporate 2.0 4.0 35% taxable profit 28.42 income tax Patent tax 1.0 fixed fee + rental value 10.21 20% Capital gains 1.0 20% capital gains 2.02 tax Vehicle tax 1.0 KMF 25,000 per ton 2.00 Motor vehicle 1.0 various rates 0.12 registration tax Insurance tax 1.0 3% insurance 0.06 premium Fuel tax 1.0 various rates 0.00 small amount Payroll tax - 12.0 withheld 48.0 2.5% 0.00 withheld employee Stamp duty 1.0 KMF 500 per 0.00 small amount page Totals 33 100 219.6 Page 34 Doing Business 2019 Comoros Details – Paying Taxes in Comoros – Tax by Type Taxes by type Answer Profit tax (% of profit) 30.4 Labor tax and contributions (% of profit) 0 Other taxes (% of profit) 189.2 Page 35 Doing Business 2019 Comoros Details – Paying Taxes in Comoros – Measure of Quality Answer Score Postfiling index (0-100) 57.33 VAT refunds Does VAT exist? No Does a VAT refund process exist per the case study? N/A Restrictions on VAT refund process N/A Percentage of cases exposed to a VAT audit (%) Not applicable Is there a mandatory carry forward period? No Time to comply with VAT refund (hours) No VAT No VAT Time to obtain a VAT refund (weeks) No VAT No VAT Corporate income tax audits Does corporate income tax exist? Yes Percentage of cases exposed to a corporate income tax audit (%) 75% - 100% Time to comply with a corporate income tax correction (hours) 12.0 80.73 Time to complete a corporate income tax correction (weeks) 21.1 33.93 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 36 Doing Business 2019 Comoros 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 procedure took 24 hours. • Covers all documents required by law and in 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 Assumptions of the case study: than 20% of shipments) - 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 natural export partner—the economy that is the largest purchaser of this product. • Transport between warehouse and port/border 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 37 Doing Business 2019 Comoros Trading across Borders - Comoros Indicator Comoros Sub-Saharan OECD high Best Regulatory Africa income Performance Time to export: Border compliance (hours) 51 97.3 12.5 1 (19 Economies) Cost to export: Border compliance (USD) 651 605.8 139.1 0 (19 Economies) Time to export: Documentary compliance (hours) 50 72.8 2.4 1 (26 Economies) Cost to export: Documentary compliance (USD) 124 168.8 35.2 0 (20 Economies) Time to import: Border compliance (hours) 70 126.3 8.5 0 (25 Economies) Cost to import: Border compliance (USD) 765 684.3 100.2 0 (28 Economies) Time to import: Documentary compliance (hours) 26 97.7 3.4 1 (30 Economies) Cost to import: Documentary compliance (USD) 93 283.5 24.9 0 (30 Economies) Figure – Trading across Borders in Comoros and comparator economies – Ranking and Score DB 2019 Trading Across Borders Score 0 100 81.00: Mauritius (Rank: 69) 73.84: Mozambique (Rank: 91) 68.06: Kenya (Rank: 112) 66.87: Comoros (Rank: 118) 60.95: Madagascar (Rank: 138) 53.59: Regional Average (Sub-Saharan Africa) 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 Comoros – Time and Cost Time (hours) Cost (USD) 80 765 800 70 70 651 700 Time (hours) 60 600 51 Cost (USD) 50 50 500 40 400 30 26 300 20 124 200 93 10 100 0 0 Export Export Import Import - - - - Border Documentary Border Documentary Compliance Compliance Compliance Compliance Page 38 Doing Business 2019 Comoros Details – Trading across Borders in Comoros Characteristics Export Import Product HS 09 : Coffee, tea, matï and spices HS 8708: Parts and accessories of motor vehicles Trade partner France France Border Moroni port Moroni port Distance (km) 2 2 Domestic transport time (hours) 1 1 Domestic transport cost (USD) 189 179 Details – Trading across Borders in Comoros – Components of Border Compliance Time to Complete (hours) Associated Costs (USD) Export: Clearance and inspections required 5.0 345.3 by customs authorities Export: Clearance and inspections required 0.0 0.0 by agencies other than customs Export: Port or border handling 48.0 305.5 Import: Clearance and inspections required 6.0 350.9 by customs authorities Import: Clearance and inspections required 48.1 53.2 by agencies other than customs Import: Port or border handling 19.1 361.4 Page 39 Doing Business 2019 Comoros Details – Trading across Borders in Comoros – Trade Documents Export Import Bill of Lading Bill of Lading Commercial invoice Customs import declaration Customs export declaration Commercial invoice EUR 1 - Certificate of origin Certificate of origin Ministry authorization Pre-shipment inspection report Phytosanitary certificate Terminal handling receipt Packing list Packing list SOLAS certificate Delivery order Page 40 Doing Business 2019 Comoros 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 not of adequate quality. • Court fees - 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. - The seller enforces the judgment through a public sale of the buyer’s movable • Alternative dispute resolution (0-3) assets. Page 41 Doing Business 2019 Comoros Enforcing Contracts - Comoros Standardized Case Claim value KMF 2,258,629 Court name Moroni District Court, Commercial Section City Covered Moroni Indicator Comoros Sub-Saharan OECD high Best Regulatory Africa income Performance Time (days) 506 655.1 582.4 None in 2017/18 Cost (% of claim value) 89.4 42.3 21.2 None in 2017/18 Quality of judicial processes index (0-18) 5.5 6.7 11.5 None in 2017/18 Figure – Enforcing Contracts in Comoros and comparator economies – Ranking and Score DB 2019 Enforcing Contracts Score 0 100 70.37: Mauritius (Rank: 27) 58.27: Kenya (Rank: 88) 48.87: Regional Average (Sub-Saharan Africa) 46.55: Madagascar (Rank: 150) 39.78: Mozambique (Rank: 167) 32.97: Comoros (Rank: 179) 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 Comoros – Time and Cost Time (days) Cost (% of claim value) 1000 950 100 89.4 Cost (% of claim value) 871 800 80 655.1 Time (days) 582.4 600 53.3 60 506 490 465 41.8 42.3 400 33.6 40 25.0 21.2 200 20 0 0 Comoros Kenya Madagascar Mauritius Mozambique OECD Sub-Saharan high Africa income Page 42 Doing Business 2019 Comoros Figure – Enforcing Contracts in Comoros and comparator economies – Measure of Quality Comoros 2.5 0 3 Kenya 2 2 0.5 4.5 Madagascar 2.5 1 0 3.5 Mauritius 2.5 2 3 5 Mozambique 2.5 2 0 4 OECD high income 2.5 3.1 2.3 3.6 Sub-Saharan Africa 2.2 1.1 0.3 3.1 0 2 4 6 8 10 12 14 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 Comoros Indicator Time (days) 506 Filing and service 21 Trial and judgment 425 Enforcement of judgment 60 Cost (% of claim value) 89.4 Attorney fees 30.1 Court fees 40.2 Enforcement fees 19.1 Quality of judicial processes index (0-18) 5.5 Court structure and proceedings (-1-5) 3.0 Case management (0-6) 0.0 Court automation (0-4) 0.0 Alternative dispute resolution (0-3) 2.5 Page 43 Doing Business 2019 Comoros Details – Enforcing Contracts in Comoros – Measure of Quality Answer Score Quality of judicial processes index (0-18) 5.5 Court structure and proceedings (-1-5) 3.0 1. Is there a court or division of a court dedicated solely to hearing commercial cases? Yes 1.5 2. Small claims court 0.0 2.a. Is there a small claims court or a fast-track procedure for small claims? No 2.b. If yes, is self-representation allowed? n.a. 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? Yes 0.0 Case management (0-6) 0.0 1. Time standards 0.0 1.a. Are there laws setting overall time standards for key court events in a civil No case? 1.b. If yes, are the time standards set for at least three court events? n.a. 1.c. Are these time standards respected in more than 50% of cases? n.a. 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) 0.0 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 0.0 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 No 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) 2.5 1. Arbitration 1.5 Page 44 Doing Business 2019 Comoros 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 1.0 2.a. Is voluntary mediation or conciliation available? Yes 2.b. Are mediation, conciliation or both governed by a consolidated law or Yes 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 45 Doing Business 2019 Comoros 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 insolvency practices have been implemented in each economy covered. • Assessors’ and auctioneers’ fees • 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 46 Doing Business 2019 Comoros Resolving Insolvency - Comoros Indicator Comoros Sub-Saharan OECD high Best Regulatory Africa income Performance Recovery rate (cents on the dollar) 0.0 20.3 70.5 None in 2017/18 Time (years) No Practice 2.9 1.7 0.4 (Ireland) Cost (% of estate) No Practice 22.7 9.3 1.0 (Norway) Outcome (0 as piecemeal sale and 1 as going 0 .. .. .. concern) Strength of insolvency framework index (0-16) 0.0 6.4 11.9 None in 2017/18 Figure – Resolving Insolvency in Comoros and comparator economies – Ranking and Score DB 2019 Resolving Insolvency Score 0 100 69.06: Mauritius (Rank: 35) 57.41: Kenya (Rank: 57) 46.89: Mozambique (Rank: 84) 34.24: Madagascar (Rank: 136) 30.80: Regional Average (Sub-Saharan Africa) 0.00: Comoros (Rank: 168) 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 Comoros – Time and Cost Time (years) Cost (% of estate) 5 22.7 25 4.5 22.0 20.5 Cost (% of estate) 4 20 Time (years) 3.0 14.5 2.9 3 15 2 8.5 1.7 1.7 9.3 10 1.5 1 5 0 0 No Kenya Madagascar Mauritius Mozambique OECD Sub-Saharan Practice high Africa Comoros income Page 47 Doing Business 2019 Comoros Figure – Resolving Insolvency in Comoros and comparator economies – Measure of Quality Comoros 5.5 2 1 0.5 Kenya 4 3 3 3 Madagascar 5.5 2 1 0.5 Mauritius 4 3 3 0.5 Mozambique 4 2.5 2 1.5 OECD high income 5.3 2.8 2.2 1.9 Sub-Saharan Africa 4.1 2.3 1 0.5 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 Comoros and comparator economies – Recovery Rate Recovery rate(cents on the dollar) 100 80 67.4 60 40 31.2 29.1 20.3 20 11.4 0.0 0 Comoros Kenya Madagascar Mauritius Mozambique Sub-Saharan Africa Page 48 Doing Business 2019 Comoros Details – Resolving Insolvency in Comoros Indicator Answer Score Proceeding No Practice According to the research conducted by the team, there were no foreclosure, liquidation or reorganization proceedings filed in the country in the last 12 months. Due to this circumstance, it is not possible to assess the time, the cost or the outcome associated with the insolvency scenario described in the case study. Outcome piecemeal sale According to the research conducted by the team, there were no foreclosure, liquidation or reorganization proceedings filed in the country in the last 12 months. Due to this circumstance, it is not possible to assess the time, the cost or the outcome associated with the insolvency scenario described in the case study. Time (in years) No Practice According to the research conducted by the team, there were no foreclosure, liquidation or reorganization proceedings filed in the country in the last 12 months. Due to this circumstance, it is not possible to assess the time, the cost or the outcome associated with the insolvency scenario described in the case study. Cost (% of No Practice According to the research conducted by the team, there were no foreclosure, liquidation or estate) reorganization proceedings filed in the country in the last 12 months. Due to this circumstance, it is not possible to assess the time, the cost or the outcome associated with the insolvency scenario described in the case study. Recovery rate 0.0 (cents on the dollar) Page 49 Doing Business 2019 Comoros Details – Resolving Insolvency in Comoros – Measure of Quality Answer Score Strength of insolvency framework index (0-16) 0.0 Commencement of proceedings index (0-3) 2.0 What procedures are available to a DEBTOR when commencing insolvency proceedings? (c) Debtor may 0.5 file for reorganization only 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) 0.5 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 No 0.0 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) 1.0 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 No 0.0 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 50 Doing Business 2019 Comoros 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 51 Doing Business 2019 Comoros Labor Market Regulation - Comoros Details – Labor Market Regulation in Comoros Answer Hiring Fixed-term contracts prohibited for permanent tasks? No Maximum length of a single fixed-term contract (months) 24.0 Maximum length of fixed-term contracts, including renewals (months) 36.0 Minimum wage applicable to the worker assumed in the case study (US$/month) 0.0 Ratio of minimum wage to value added per worker 0.0 Maximum length of probationary period (months) 6.0 Working hours Standard workday 8.0 Maximum number of working days per week 6.0 Premium for night work (% of hourly pay) 28.3 Premium for work on weekly rest day (% of hourly pay) 0.0 Premium for overtime work (% of hourly pay) 25.0 Restrictions on night work? No Whether nonpregnant and nonnursing women can work the same night hours as men Yes Restrictions on weekly holiday? Yes Restrictions on overtime work? No Paid annual leave for a worker with 1 year of tenure (working days) 22.0 Paid annual leave for a worker with 5 years of tenure (working days) 22.0 Paid annual leave for a worker with 10 years of tenure (working days) 22.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in working days) 22.0 Redundancy rules Dismissal due to redundancy allowed by law? Yes Third-party notification if one worker is dismissed? Yes Third-party approval if one worker is dismissed? No Third-party notification if nine workers are dismissed? Yes 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 8.7 Notice period for redundancy dismissal for a worker with 10 years of tenure 13.0 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 8.7 Severance pay for redundancy dismissal for a worker with 1 year of tenure 0.9 Page 52 Doing Business 2019 Comoros Severance pay for redundancy dismissal for a worker with 5 years of tenure 4.3 Severance pay for redundancy dismissal for a worker with 10 years of tenure 9.8 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 5.0 Job quality Equal remuneration for work of equal value? Yes Gender nondiscrimination in hiring? Yes Paid or unpaid maternity leave mandated by law? Yes Minimum length of maternity leave (calendar days)? 98.0 Receive 100% of wages on maternity leave? Yes Five fully paid days of sick leave a year? .. Unemployment protection after one year of employment? No Minimum contribution period for unemployment protection (months)? n.a. Page 53 Doing Business 2019 Comoros Business Reforms in Comoros 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 Enforcing Contracts: The Comoros made enforcing contracts easier by adopting a law that regulates all aspects of mediation as an alternative dispute resolution mechanism. DB2018 Trading across Borders: The Comoros made trading across borders easier by implementing an automated customs data management system, SYDONIA++, which reduced the time for the preparation and submission of documents for both exports and imports. DB2017 Registering Property: Comoros made transferring a property less expensive by reducing transfer costs. Resolving Insolvency: The Comoros made resolving insolvency easier by introducing a new conciliation procedure for companies in financial difficulties and a simplified preventive settlement procedure for small companies. Labor Market Regulation: The Comoros reduced the length of notice period and amount of severance payment for redundancy dismissals. DB2016 Starting a Business: The Comoros made starting a business easier by reducing the minimum capital requirement. Getting Credit: The Comoros improved access to credit information by establishing a new credit registry. DB2015 Protecting Minority Investors: The Comoros strengthened minority investor protections by introducing greater requirements for disclosure of related-party transactions to the board of directors and by making it possible for shareholders to inspect the documents pertaining to related-party transactions and to appoint auditors to conduct an inspection of such transactions. DB2014 Starting a Business: The Comoros made starting a business easier by eliminating the requirement to deposit the minimum capital in a bank before incorporation. DB2013 Starting a Business: The Comoros made starting a business easier and less costly by replacing the requirement for a copy of the founders’ criminal records with one for a sworn declaration at the time of the company’s registration and by reducing the fees to incorporate a company. Registering Property: The Comoros made it easier to transfer property by reducing the property transfer tax. DB2012 Starting a Business: Comoros made the process of starting a business more difficult by increasing the minimum capital requirement. Getting Credit: Access to credit in Comoros was improved through amendments to the OHADA Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset and introduce the possibility of out-of-court enforcement. Page 54 Doing Business 2019 Comoros Page 55