92104 Doing Business 2015 Panama Economy Profile 2015 Panama Doing Business 2015 Panama 2 © 2014 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org All rights reserved. 1 2 3 4 17 16 15 14 This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. 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Doing Business 2015 Panama 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 6 Starting a business ..................................................................................................................... 16 Dealing with construction permits ........................................................................................... 22 Getting electricity ....................................................................................................................... 30 Registering property .................................................................................................................. 36 Getting credit .............................................................................................................................. 43 Protecting minority investors ................................................................................................... 50 Paying taxes ................................................................................................................................ 59 Trading across borders .............................................................................................................. 64 Enforcing contracts .................................................................................................................... 68 Resolving insolvency .................................................................................................................. 74 Labor market regulation ........................................................................................................... 77 Distance to frontier and ease of doing business ranking ...................................................... 84 Resources on the Doing Business website .............................................................................. 87 Doing Business 2015 Panama 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is 1, 2014 (except for the paying taxes indicators, which for a local entrepreneur to open and run a small to cover the period January–December 2013). medium-size business when complying with relevant The Doing Business methodology has limitations. Other regulations. It measures and tracks changes in areas important to business—such as an economy’s regulations affecting 11 areas in the life cycle of a proximity to large markets, the quality of its business: starting a business, dealing with construction infrastructure services (other than those related to permits, getting electricity, registering property, getting trading across borders and getting electricity), the credit, protecting minority investors, paying taxes, security of property from theft and looting, the trading across borders, enforcing contracts, resolving transparency of government procurement, insolvency and labor market regulation. macroeconomic conditions or the underlying strength of In a series of annual reports Doing Business presents institutions—are not directly studied by Doing Business. quantitative indicators on business regulations and the The indicators refer to a specific type of business, protection of property rights that can be compared generally a local limited liability company operating in across 189 economies, from Afghanistan to Zimbabwe, the largest business city. Because standard assumptions over time. The data set covers 47 economies in Sub- are used in the data collection, comparisons and Saharan Africa, 32 in Latin America and the Caribbean, 25 benchmarks are valid across economies. The data not in East Asia and the Pacific, 26 in Eastern Europe and only highlight the extent of obstacles to doing business; Central Asia, 20 in the Middle East and North Africa and they also help identify the source of those obstacles, 8 in South Asia, as well as 31 OECD high-income supporting policy makers in designing regulatory reform. economies. The indicators are used to analyze economic More information is available in the full report. Doing outcomes and identify what reforms have worked, where Business 2015 presents the indicators, analyzes their and why. relationship with economic outcomes and presents This economy profile presents the Doing Business business regulatory reforms. The data, along with indicators for Panama. To allow useful comparison, it information on ordering Doing Business 2015, are also provides data for other selected economies available on the Doing Business website at (comparator economies) for each indicator. The data in http://www.doingbusiness.org. this report are current as of June Doing Business 2015 Panama 5 CHANGES IN DOING BUSINESS 2015 As part of a 2-year update in methodology, Doing Finally, the name of the employing workers indicator set Business 2015 incorporates 7 important changes. First, has been changed to labor market regulation, and the the ease of doing business ranking as well as all topic- scope of this indicator set has also been changed. The level rankings are now computed on the basis of indicators now focus on labor market regulation distance to frontier scores (see the chapter on the applying to the retail sector rather than the distance to frontier and ease of doing business ranking). manufacturing sector, and their coverage has been Second, for the 11 economies with a population of more expanded to include regulations on labor disputes and than 100 million, data for a second city have been added on benefits provided to workers. The labor market to the data set and the ranking calculation. These regulation indicators continue to be excluded from the economies are Bangladesh, Brazil, China, India, aggregate distance to frontier score and ranking on the Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian ease of doing business. Federation and the United States. Third, for getting Beyond these changes there are 3 other updates in credit, the methodology has been revised for both the methodology. For paying taxes, the financial statement strength of legal rights index and the depth of credit variables have been updated to be proportional to 2012 information index. The number of points has been income per capita; previously they were proportional to increased in both indices, from 10 to 12 for the strength 2005 income per capita. For enforcing contracts, the of legal rights index and from 6 to 8 for the depth of value of the claim is now set at twice the income per credit information index. In addition, only credit bureaus capita or $5,000, whichever is greater. For dealing with and registries that cover at least 5% of the adult construction permits, the cost of construction is now set population can receive a score on the depth of credit at 50 times income per capita (before, the cost was information index. assessed by the Doing Business respondents). In addition, Fourth, the name of the protecting investors indicator set this indicator set no longer includes the procedures for has been changed to protecting minority investors to obtaining a landline telephone connection. better reflect its scope—and the scope of the indicator For more details on the changes, see the “What is set has been expanded to include shareholders’ rights in changing in Doing Business?” chapter starting on page corporate governance beyond related-party transactions. 24 of the Doing Business 2015 report. For more details Fifth, the resolving insolvency indicator set has been on the data and methodology, please see the “Data expanded to include an index measuring the strength of Notes” chapter starting on page 114 of the Doing the legal framework for insolvency. Sixth, the calculation Business 2015 report. For more details on the distance to of the distance to frontier score for paying taxes has frontier metric, please see the “Distance to frontier and been changed. The total tax rate component now enters ease of doing business ranking” chapter in this profile. the score in a nonlinear fashion, in an approach different from that used for all other indicators (see the chapter on the distance to frontier and ease of doing business ranking). Doing Business 2015 Panama 6 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy’s regulatory environment for business, a good place to start ECONOMY OVERVIEW is to find out how it compares with the regulatory environment in other economies. Doing Business provides an aggregate ranking on the ease of doing business Region: Latin America & Caribbean based on indicator sets that measure and benchmark regulations applying to domestic small to medium-size Income category: Upper middle income businesses through their life cycle. Economies are ranked from 1 to 189 by the ease of doing business ranking. This Population: 3,864,170 year's report presents results for 2 aggregate measures: the distance to frontier score and the ease of doing GNI per capita (US$): 10,700 business ranking. The ranking of economies is determined by sorting the aggregate distance to frontier (DTF) scores. DB2015 rank: 52 The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute DB2014 rank: 55* distance to the best performance in each Doing Business Change in rank: 3 indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the DB 2015 DTF: 69.2 worst performance and 100 the frontier. (See the chapter on the distance to frontier and ease of doing business). DB 2014 DTF: 67.7 The 10 topics included in the ranking in Doing Business 2015: starting a business, dealing with construction Change in DTF: 1.5 permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading * DB2014 ranking shown is not last year’s published across borders, enforcing contracts and resolving ranking but a comparable ranking for DB2014 that insolvency. The labor market regulation indicators captures the effects of such factors as data (formerly employing workers) are not included in this corrections and the changes in methodology. See year’s aggregate ease of doing business ranking, but the the data notes starting on page 114 of the Doing data are presented in this year’s economy profile. Business 2015 report for sources and definitions. The aggregate ranking on the ease of doing business benchmarks each economy’s performance on the indicators against that of all other economies in the Doing Business sample (figure 1.1). While this ranking tells much about the business environment in an economy, it does not tell the whole story. The ranking on the ease of doing business, and the underlying indicators, do not measure all aspects of the business environment that matter to firms and investors or that affect the competitiveness of the economy. Still, a high ranking does mean that the government has created a regulatory environment conducive to operating a business. Doing Business 2015 Panama THE BUSINESS ENVIRONMENT Figure 1.1 Where economies stand in the global ranking on the ease of doing business Source: Doing Business database. Doing Business 2015 Panama THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy regional average (figure 1.2). The economy’s rankings stands in the aggregate ranking on the ease of doing (figure 1.3) and distance to frontier scores (figure 1.4) business is useful. Also useful is to know how it ranks on the topics included in the ease of doing business relative to comparator economies and relative to the ranking provide another perspective. Figure 1.2 How Panama and comparator economies rank on the ease of doing business Note: The rankings are benchmarked to June 2014 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Source: Doing Business database. Doing Business 2015 Panama 9 THE BUSINESS ENVIRONMENT Figure 1.3 Rankings on Doing Business topics - Panama (Scale: Rank 189 center, Rank 1 outer edge) Figure 1.4 Distance to frontier scores on Doing Business topics - Panama (Scale: Score 0 center, Score 100 outer edge) Note: The rankings are benchmarked to June 2014 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Source: Doing Business database. Doing Business 2015 Panama 10 THE BUSINESS ENVIRONMENT Just as the overall ranking on the ease of doing business tells Doing Business introduced the distance to frontier score. This only part of the story, so do changes in that ranking. Yearly measure shows how far on average an economy is from the movements in rankings can provide some indication of best performance achieved by any economy on each Doing changes in an economy’s regulatory environment for firms, Business indicator. but they are always relative. Comparing the measure for an economy at 2 points in time Moreover, year-to-year changes in the overall rankings do allows users to assess how much the economy’s regulatory not reflect how the business regulatory environment in an environment as measured by Doing Business has changed economy has changed over time—or how it has changed in over time—how far it has moved toward (or away from) the different areas. To aid in assessing such changes, most efficient practices and strongest regulations in areas covered by Doing Business (figure 1.5). Figure 1.5 How far has Panama come in the areas measured by Doing Business? Note: The distance to frontier score shows how far on average an economy is from the best performance achieved by any economy on each Doing Business indicator since 2010, except for getting credit, paying taxes, protecting minority investors and resolving insolvency which had methodology changes in 2014 and thus are only comparable to 2013. The measure is normalized to range between 0 and 100, with 100 representing the best performance (the frontier). See the data notes starting on page 114 of the Doing Business 2015 report for more details on the distance to frontier score. Source: Doing Business database. Doing Business 2015 Panama 11 THE BUSINESS ENVIRONMENT The absolute values of the indicators tell another part of regulation—such as a regulatory process that can be the story (table 1.1). The indicators, on their own or in completed with a small number of procedures in a few comparison with the indicators of a good practice days and at a low cost. Comparison of the economy’s economy or those of comparator economies in the indicators today with those in the previous year may region, may reveal bottlenecks reflected in large numbers show where substantial bottlenecks persist—and where of procedures, long delays or high costs. Or they may they are diminishing. reveal unexpected strengths in an area of business Table 1.1 Summary of Doing Business indicators for Panama Best performer globally United States DB2015 El Salvador DB2015 Guatemala DB2015 Costa Rica DB2015 Colombia DB2015 Panama DB2015 Panama DB2014 Indicator Chile DB2015 DB2015 Starting a Business 38 36 59 84 118 121 98 46 New Zealand (1) (rank) Starting a Business (DTF 91.93 91.85 89.83 86.13 80.90 79.87 83.72 91.22 New Zealand (99.96) Score) Procedures (number) 5.0 5.0 7.0 8.0 9.0 8.0 6.0 6.0 New Zealand (1.0)* Time (days) 6.0 6.0 5.5 11.0 24.0 16.5 18.5 5.6 New Zealand (0.5) Cost (% of income per 6.4 7.1 0.7 7.5 11.5 45.2 25.8 1.2 Slovenia (0.0) capita) Paid-in min. capital (% 0.0 0.0 0.0 0.0 0.0 2.7 18.7 0.0 112 Economies (0.0)* of income per capita) Dealing with Hong Kong SAR, Construction Permits 63 63 62 61 52 155 122 41 China (1) (rank) Dealing with Hong Kong SAR, Construction Permits 75.97 75.93 76.13 76.45 78.14 57.19 66.18 78.87 China (95.53) (DTF Score) Doing Business 2015 Panama 12 Best performer globally United States DB2015 El Salvador DB2015 Guatemala DB2015 Costa Rica DB2015 Colombia DB2015 Panama DB2015 Panama DB2014 Indicator Chile DB2015 DB2015 Hong Kong SAR, Procedures (number) 15.0 15.0 13.0 10.0 13.0 25.0 11.0 15.8 China (5.0) Time (days) 101.0 101.0 152.0 73.0 113.0 115.0 158.0 78.6 Singapore (26.0) Cost (% of warehouse 2.1 2.1 0.7 7.4 1.7 4.6 7.9 1.0 Qatar (0.0)* value) Getting Electricity 29 30 49 92 46 144 18 61 Korea, Rep. (1) (rank) Getting Electricity (DTF 86.39 86.38 81.34 74.20 82.72 60.56 89.28 79.52 Korea, Rep. (99.83) Score) Procedures (number) 5.0 5.0 6.0 5.0 5.0 8.0 4.0 4.8 12 Economies (3.0)* Time (days) 35.0 35.0 30.0 105.0 55.0 83.0 39.0 89.6 Korea, Rep. (18.0)* Cost (% of income per 9.3 10.3 62.1 504.4 196.2 543.8 514.6 25.5 Japan (0.0) capita) Registering Property 61 66 45 42 47 56 65 29 Georgia (1) (rank) Registering Property 74.65 73.64 78.96 79.33 78.40 75.65 74.07 82.92 Georgia (99.88) (DTF Score) Procedures (number) 7.0 7.0 6.0 6.0 5.0 5.0 6.0 4.4 4 Economies (1.0)* Time (days) 22.5 29.5 28.5 16.0 19.0 31.0 24.0 15.2 3 Economies (1.0)* Cost (% of property 2.4 2.3 1.2 2.0 3.4 3.8 3.8 2.4 4 Economies (0.0)* value) Getting Credit (rank) 17 45 71 2 89 71 12 2 New Zealand (1) Getting Credit (DTF 75.00 60.00 50.00 95.00 45.00 50.00 80.00 95.00 New Zealand (100) Score) Strength of legal rights 7 4 4 12 2 3 9 11 3 Economies (12)* index (0-12) Doing Business 2015 Panama 13 Best performer globally United States DB2015 El Salvador DB2015 Guatemala DB2015 Costa Rica DB2015 Colombia DB2015 Panama DB2015 Panama DB2014 Indicator Chile DB2015 DB2015 Depth of credit 8 8 6 7 7 7 7 8 23 Economies (8)* information index (0-8) Credit registry coverage 0.0 0.0 44.7 0.0 27.4 28.2 19.2 0.0 Portugal (100.0) (% of adults) Credit bureau coverage 63.0 60.8 8.8 87.0 100.0 32.0 8.7 100.0 23 Economies (100.0)* (% of adults) Protecting Minority 76 75 56 10 181 154 174 25 New Zealand (1) Investors (rank) Protecting Minority 55.83 55.83 58.33 71.67 28.33 41.67 31.67 65.83 New Zealand (81.67) Investors (DTF Score) Extent of conflict of interest regulation 5.3 5.3 6.7 8.0 3.3 3.3 3.3 8.3 Singapore (9.3)* index (0-10) Extent of shareholder governance index (0- 5.8 5.8 5.0 6.3 2.3 5.0 3.0 4.8 France (7.8)* 10) Strength of minority investor protection 5.6 5.6 5.8 7.2 2.8 4.2 3.2 6.6 New Zealand (8.2) index (0-10) United Arab Emirates Paying Taxes (rank) 166 165 29 146 121 161 54 47 (1)* Paying Taxes (DTF United Arab Emirates 48.60 48.70 84.50 59.71 67.27 52.31 80.04 80.84 Score) (99.44)* Payments (number per Hong Kong SAR, 52.0 52.0 7.0 11.0 23.0 53.0 8.0 10.6 year) China (3.0)* Time (hours per year) 417.0 417.0 291.0 239.0 163.0 320.0 256.0 175.0 Luxembourg (55.0) Trading Across Borders 9 8 40 93 47 73 102 16 Singapore (1) (rank) Trading Across Borders 91.25 92.09 82.05 72.69 80.84 76.01 70.10 88.25 Singapore (96.47) Doing Business 2015 Panama 14 Best performer globally United States DB2015 El Salvador DB2015 Guatemala DB2015 Costa Rica DB2015 Colombia DB2015 Panama DB2015 Panama DB2014 Indicator Chile DB2015 DB2015 (DTF Score) Documents to export 3 3 5 4 5 7 8 3 Ireland (2)* (number) Time to export (days) 10.0 10.0 15.0 14.0 14.0 13.0 17.0 6.0 5 Economies (6.0)* Cost to export (US$ per 665.0 625.0 910.0 2,355.0 1,020.0 1,045.0 1,355.0 1,224.0 Timor-Leste (410.0) container) Cost to export (deflated 665.0 564.0 910.0 2,355.0 1,020.0 1,045.0 1,355.0 1,224.0 US$ per container) Documents to import 3 3 5 6 5 7 6 5 Ireland (2)* (number) Time to import (days) 9.0 9.0 12.0 13.0 14.0 10.0 16.0 5.4 Singapore (4.0) Cost to import (US$ per 1,030.0 965.0 860.0 2,470.0 1,070.0 1,035.0 1,445.0 1,289.0 Singapore (440.0) container) Cost to import (deflated 1,030.0 870.9 860.0 2,470.0 1,070.0 1,035.0 1,445.0 1,289.0 US$ per container) Enforcing Contracts 84 85 64 168 129 82 143 41 Singapore (1) (rank) Enforcing Contracts 58.87 58.87 63.85 37.66 51.13 60.06 46.35 67.26 Singapore (89.54) (DTF Score) Time (days) 686.0 686.0 480.0 1,288.0 852.0 786.0 1,402.0 420.0 Singapore (150.0) Cost (% of claim) 38.0 38.0 28.6 47.9 24.3 19.2 26.5 30.5 Iceland (9.0) Procedures (number) 32.0 32.0 36.0 33.0 40.0 35.0 31.0 33.6 Singapore (21.0)* Resolving Insolvency 132 131 73 30 89 79 155 4 Finland (1) (rank) Resolving Insolvency 33.66 33.55 47.38 70.00 43.95 46.02 27.37 90.12 Finland (93.85) (DTF Score) Doing Business 2015 Panama 15 Best performer globally United States DB2015 El Salvador DB2015 Guatemala DB2015 Costa Rica DB2015 Colombia DB2015 Panama DB2015 Panama DB2014 Indicator Chile DB2015 DB2015 Time (years) 2.5 3.2 1.7 3.0 3.5 3.0 1.5 Ireland (0.4) Cost (% of estate) 25.0 25.0 14.5 6.0 14.5 12.0 14.5 8.2 Norway (1.0) Outcome (0 as piecemeal sale and 1 as 0 0 0 1 0 0 0 1 going concern) Recovery rate (cents on 27.7 27.5 30.0 72.0 26.5 33.2 27.6 80.4 Japan (92.9) the dollar) Strength of insolvency 6.0 6.0 10.0 10.0 9.5 9.0 4.0 15.0 5 Economies (15.0)* framework index (0-16) Note: DB2014 rankings shown are not last year’s published rankings but comparable rankings for DB2014 that capture the effects of s uch factors as data corrections and changes to the methodology. Trading across borders deflated and non-deflated values are identical in DB2015 because it is defined as the base year for the deflator. The best performer on time for paying taxes is defined as the lowest time recorded among all economies in the DB2015 sample that levy the 3 major taxes: profit tax, labor taxes and mandatory contributions, and VAT or sales tax. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a “no practice” mark. Similarly, an economy receives a “no practice” or “not possible” mark if regulation exists but is never used in practice or if a competing regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the ranking on the relevant indicator. * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Source: Doing Business database. Doing Business 2015 Panama 16 STARTING A BUSINESS Formal registration of companies has many WHAT THE STARTING A BUSINESS immediate benefits for the companies and for business owners and employees. Legal entities can INDICATORS MEASURE outlive their founders. Resources are pooled as several shareholders join forces to start a company. Procedures to legally start and operate a Formally registered companies have access to company (number) services and institutions from courts to banks as well Preregistration (for example, name as to new markets. And their employees can benefit verification or reservation, notarization) from protections provided by the law. An additional benefit comes with limited liability companies. These Registration in the economy’s largest limit the financial liability of company owners to their business city 1 investments, so personal assets of the owners are not Postregistration (for example, social security put at risk. Where governments make registration registration, company seal) easy, more entrepreneurs start businesses in the formal sector, creating more good jobs and Time required to complete each procedure generating more revenue for the government. (calendar days) What do the indicators cover? Does not include time spent gathering information Doing Business measures the ease of starting a business in an economy by recording all procedures Each procedure starts on a separate day (2 officially required or commonly done in practice by procedures cannot start on the same day). an entrepreneur to start up and formally operate an Procedures that can be fully completed industrial or commercial business—as well as the online are recorded as ½ day. time and cost required to complete these procedures. Procedure completed once final document is It also records the paid-in minimum capital that received companies must deposit before registration (or within 3 months). The ranking of economies on the No prior contact with officials ease of starting a business is determined by sorting Cost required to complete each procedure their distance to frontier scores for starting a (% of income per capita) business. These scores are the simple average of the distance to frontier scores for each of the component Official costs only, no bribes indicators. No professional fees unless services required To make the data comparable across economies, by law Doing Business uses several assumptions about the Paid-in minimum capital (% of income business and the procedures. It assumes that all per capita) information is readily available to the entrepreneur and that there has been no prior contact with Deposited in a bank or with a notary before officials. It also assumes that the entrepreneur will registration (or within 3 months) pay no bribes. And it assumes that the business:  Is a limited liability company, located in the  Has a start-up capital of 10 times income per largest business city and is 100% domestically capita. owned . 1  Has a turnover of at least 100 times income per  Has between 10 and 50 employees. capita.  Conducts general commercial or industrial  Does not qualify for any special benefits. activities.  Does not own real estate. 1 For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2015 Panama 17 STARTING A BUSINESS Where does the economy stand today? What does it take to start a business in Panama? largest business city of an economy, except for 11 According to data collected by Doing Business, starting a economies for which the data are a population-weighted business there requires 5.0 procedures, takes 6.0 days, average of the 2 largest business cities. See the chapter costs 6.4% of income per capita and requires paid-in on distance to frontier and ease of doing business minimum capital of 0.0% of income per capita (figure ranking at the end of this profile for more details. 2.1). Most indicator sets refer to a case scenario in the Figure 2.1 What it takes to start a business in Panama - Paid-in minimum capital (% of income per capita): 0.0 Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the starting a business indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Panama 18 STARTING A BUSINESS Globally, Panama stands at 38 in the ranking of 189 average ranking provide other useful information for economies on the ease of starting a business (figure 2.2). assessing how easy it is for an entrepreneur in Panama The rankings for comparator economies and the regional to start a business. Figure 2.2 How Panama and comparator economies rank on the ease of starting a business Source: Doing Business database. Doing Business 2015 Panama 19 STARTING A BUSINESS Economies around the world have taken steps making it they often are part of a larger regulatory reform easier to start a business—streamlining procedures by program. Among the benefits have been greater firm setting up a one-stop shop, making procedures simpler satisfaction and savings and more registered businesses, or faster by introducing technology and reducing or financial resources and job opportunities. eliminating minimum capital requirements. Many have What business registration reforms has Doing Business undertaken business registration reforms in stages—and recorded in Panama (table 2.1)? Table 2.1 How has Panama made starting a business easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Panama eased business start-up by increasing efficiency at the DB2011 registrar. Panama extended the operating hours of the public registry, DB2012 reducing the time required to register a new company. Panama made starting a business easier by eliminating the DB2014 need to visit the municipality to obtain the municipal taxpayer number. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Panama 20 STARTING A BUSINESS What are the details? Underlying the indicators shown in this chapter for STANDARDIZED COMPANY Panama is a set of specific procedures—the bureaucratic and legal steps that an entrepreneur must complete to incorporate and register a new Legal form: Sociedad Anónima (S.A.) - firm. These are identified by Doing Business through Corporation collaboration with relevant local professionals and the study of laws, regulations and publicly available Paid in minimum capital requirement: USD 0 information on business entry in that economy. City: Panama City Following is a detailed summary of those procedures, along with the associated time and cost. These Start-up Capital: 10 times GNI per capita procedures are those that apply to a company matching the standard assumptions (the “standardized company”) used by Doing Business in collecting the data (see the section in this chapter on what the indicators measure). Table 2.2 Summary of time, cost and procedures for starting a business in Panama - Time to No. Procedure Cost to complete complete Hire a registered agent It is necessary to hire a lawyer or law firm to serve as Resident Agent of 1 the corporation and prepare its Articles of Association. 1 day USD 200 Agency: Law firm Notarize articles of incorporation The articles of incorporation to be notarized must include (a) the name and domicile of each subscriber to the articles of incorporation; (b) the domicile of the company and of the resident agent, who must be a lawyer or law firm in Panama; (c) the names and addresses of the directors and the officers; (d) the name of the corporation, set out in such a way to distinguish it from other registered names already registered with the Public Register; (e) the company purpose or general 2 objectives; (f) the name of at least the president, the secretary, and the 1 day USD 75 treasurer, who may or may not be the same as the directors and need not to be shareholders and who may hold more than one office or title; (g) details about the capital and the type and number of shares into which it is divided; (h) the company duration, which may be perpetual; and (i) any other provision the subscribers may wish to include. Agency: Public Notary Doing Business 2015 Panama 21 Time to No. Procedure Cost to complete complete Register at the Mercantile Division of the Public Registry and pay Annual Franchise Tax Entry fees: USD 50.00 for the first USD 10,000.00 in capital stock and 0.75 cents for each additional 1,000.00 or fraction (new fees of the public registry since July 2013). The Annual Registration Tax of USD 250 must also be paid. Payments 2 days see comments 3 can be made at the National Bank of Panama or at any cashier of the Ministry of Economy and Finance. The National Bank of Panama has a booth at the Public Registry. Agency: The Mercantile Division of the Public Registry Obtain a notice of operation (“aviso de operación”) through the “Panama emprende” website The Law 5 of January 11, 2007 established a new on-line system called “Panama Emprende” (www.panamaemprende.gob.pa) which facilitates the creation of companies. The new system replaces the obtainment of commercial licenses for the obtainment of a notice of operation. In addition, since Aril 24th 2012, the Ministry of Trade and Industry and USD 55 for legal 4 the municipality of Panama are interconnected through the online 1 day entities platform Panama Emprende. As a result, it is no longer required to visit the municipality to obtain a taxpayer number. Now entrepreneurs receive automatically the municipal taxpayer number together with the operation permit through Panama Emprende. Agency: Ministry of Trade & Industry Request an employers’ inscription number from the Social Security Administration The Social Security Administration manages insurance programs for 5 pension, health, unemployment, and occupational accident and injury. 1 day no charge Agency: Social Security Institute * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Panama 22 DEALING WITH CONSTRUCTION PERMITS Regulation of construction is critical to protect the WHAT THE DEALING WITH CONSTRUCTION public. But it needs to be efficient, to avoid excessive PERMITS INDICATORS MEASURE constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in time and money, Procedures to legally build a warehouse many builders opt out. They may pay bribes to pass (number) inspections or simply build illegally, leading to Submitting all relevant documents and hazardous construction that puts public safety at risk. obtaining all necessary clearances, licenses, Where compliance is simple, straightforward and permits and certificates inexpensive, everyone is better off. Submitting all required notifications and What do the indicators cover? receiving all necessary inspections Doing Business records the procedures, time and cost Obtaining utility connections for water and for a business in the construction industry to obtain sewerage all the necessary approvals to build a warehouse in Registering the warehouse after its the economy’s largest business city, connect it to completion (if required for use as collateral or basic utilities and register the warehouse so that it for transfer of the warehouse) can be used as collateral or transferred to another Time required to complete each procedure entity. (calendar days) The ranking of economies on the ease of dealing with Does not include time spent gathering construction permits is determined by sorting their information distance to frontier scores for dealing with Each procedure starts on a separate day. construction permits. These scores are the simple Procedures that can be fully completed online average of the distance to frontier scores for each of are recorded as ½ day. the component indicators. Procedure considered completed once final To make the data comparable across economies, document is received Doing Business uses several assumptions about the business and the warehouse, including the utility No prior contact with officials connections. Cost required to complete each procedure (% The business: of warehouse value) Official costs only, no bribes  Is a limited liability company operating in the construction business and located in  Will have complete architectural and the largest business city. For the 11 technical plans prepared by a licensed economies with a population of more than architect or engineer. 100 million, data for a second city have  Will be connected to water and sewerage been added. Is domestically owned and (sewage system, septic tank or their operated. equivalent). The connection to each utility  Has 60 builders and other employees. network will be 150 meters (492 feet) long. The warehouse:  Will be used for general storage, such as of books or stationery (not for goods requiring  Is valued at 50 times income per capita. special conditions).  Is a new construction (there was no  Will take 30 weeks to construct (excluding all previous construction on the land). delays due to administrative and regulatory requirements). Doing Business 2015 Panama 23 DEALING WITH CONSTRUCTION PERMITS Where does the economy stand today? What does it take to comply with the formalities to build an economy, except for 11 economies for which the data a warehouse in Panama? According to data collected by are a population-weighted average of the 2 largest Doing Business, dealing with construction permits there business cities. See the chapter on distance to frontier requires 15.0 procedures, takes 101.0 days and costs and ease of doing business ranking at the end of this 2.1% of the warehouse value (figure 3.1). Most indicator profile for more details. sets refer to a case scenario in the largest business city of Figure 3.1 What it takes to comply with formalities to build a warehouse in Panama - Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the dealing with construction permits indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Panama 24 DEALING WITH CONSTRUCTION PERMITS Globally, Panama stands at 63 in the ranking of 189 economies and the regional average ranking provide economies on the ease of dealing with construction other useful information for assessing how easy it is for permits (figure 3.2). The rankings for comparator an entrepreneur in Panama to legally build a warehouse. Figure 3.2 How Panama and comparator economies rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2015 Panama 25 DEALING WITH CONSTRUCTION PERMITS Smart regulation ensures that standards are met while an effort to ensure building safety while keeping making compliance easy and accessible to all. Coherent compliance costs reasonable, governments around the and transparent rules, efficient processes and adequate world have worked on consolidating permitting allocation of resources are especially important in sectors requirements. What construction permitting reforms has where safety is at stake. Construction is one of them. In Doing Business recorded in Panama (table 3.1)? Table 3.1 How has Panama made dealing with construction permits easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Panama made dealing with construction permits easier by DB2010 eliminating some procedures and simplifying others. Panama made dealing with construction permits easier by reducing the fees for a permit from the fire department’s DB2013 safety office and by accelerating the process at the building registry for obtaining a certificate of good standing and for registering the new building. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Panama 26 DEALING WITH CONSTRUCTION PERMITS What are the details? The indicators reported here for Panama are based BUILDING A WAREHOUSE on a set of specific procedures—the steps that a company must complete to legally build a warehouse—identified by Doing Business through Estimated cost of information collected from experts in construction USD 548,706 construction : licensing, including architects, civil engineers, construction lawyers, construction firms, utility City : Panama City service providers and public officials who deal with building regulations. These procedures are those The procedures, along with the associated time and cost, that apply to a company and structure matching the are summarized below. standard assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). Table 3.2 Summary of time, cost and procedures for dealing with construction permits in Panama - Time to No. Procedure Cost to complete complete Request and obtain a good standing certificate (certificado de paz y salvo) For the construction of a warehouse the first step is to obtain a good standing certificate issued by the Public Registry Office (Registro Público de Panamá). This certificate is required by the Directorate of Works and Construction of the Municipality of Panama to verify who 1 the property owner is, where the project will be developed, the 2 days USD 30 property number and the lot area. In particular, construction plans, the construction permit, and the occupation permit all must include the property number. Agency: Public Registry Office (Registro Público de Panamá) Request and obtain environmental study The environmental impact study must be conducted by an independent environmental consultant and certified by the National Environmental Authority (ANAM). In the Doing Business case, given the intended use of the warehouse, the required environmental impact study is that of Type I. 2 23 days USD 2,500 The process of completing an environmental impact study may take from 15 to 30 days, but the approval by the National Environmental Authority could take approximately 45 days, depending on the category of the environmental impact study. Agency: National Environmental Authority (ANAM) Doing Business 2015 Panama 27 Time to No. Procedure Cost to complete complete Notarize form to deposit the environmental study The environmental expert will issue the environmental impact study to BuildCo. BuildCo must then complete a form and both the environmental impact study and the form must be notarized. The entire 1 day USD 3 3 file is then submitted to the Ministry of Environment for further review. Agency: Notary Submit drawings (anteproyecto) to the Municipality and obtain clearance The architect must fill out the petition form and submit the preliminary design (anteproyecto). The Municipal Office has created a centralized 4 window for filing of the preliminary project design. 7 days USD 1 Agency: Municipality of Panama, Works and Construction Department (Dirección de Obras y Construcciones Municipales) Hold consultation with the Municipality to determine approvals This procedure is in the process of being incorporated into the online system administered through Panama Tramita. This will allow for a parallel approval process to be completed online. Until this electronic platform is fully implemented, a public official from the Municipal Office determines the government offices that must approve the 5 project. Representatives of the different offices are located in the 6 days USD 370 Municipality but in separate offices. The company or architect must obtain approvals from those offices directly. Agency: Municipality of Panama, Works and Construction Department (Dirección de Obras y Construcciones Municipales) * Request and obtain signature of certified fire specialist BuildCo must receive an approval of the project drawings related to fire safety from an independent and certified specialist. This is then 6 submitted to the Fire Department Safety Office for approval. 2 days no charge Agency: Certified Fire Specialist * Request and obtain preliminary approval from Ministry of Public Works and Fire Department Safety Office BuildCo must obtain a preliminary approval from the Works and Construction Department. In order to obtain the approval the project 7 needs to comply with urban zoning regulations. The certification of 1 day USD 10 land use is issued by the Land Management and Housing Department and requested by the Works and Construction Department only if the zoning lot does not appear in the following book "Documento gráfico de zonificación para la ciudad de Panamá- MIVI'2004" , which is where the established land uses (zoning) are shown. Doing Business 2015 Panama 28 Time to No. Procedure Cost to complete complete BuildCo must also obtain a preliminary approval from Fire department Office. Agency: Municipal Office (Ministry of Public Works, Fire Department Safety Office) * Request and obtain preliminary approval from the Environmental Authority The fee is paid at the head office of the Environmental Authority rather 8 than at the Municipal Office. 15 days USD 350 Agency: Municipal Office (Environmental Authority) Request and obtain construction permit BuildCo must present the application to the director of the Municipal Construction and Works Authority, accompanied by two copies of the blueprints; the land use certification issued by the the approvals issued by the Fire Department Safety Office, Ministry of Health, Ministry of Public Works, and Environmental Authority; the municipal good standing certificate; and proof of registration of BuildCo with the Technical Board. 9 15 days USD 5,487 The cost is 1% of the project value. Unannounced construction permit regulation inspections may take place during construction. Agency: Municipality of Panama, Works and Construction Department (Dirección de Obras y Construcciones Municipales) Request and connect to water and sewerage services The cost is based on the fee schedule provided in the Resolution No. 41 of July 27, 2013 from the Water and Sewerage Authority " Instituto de Acueductos y Alcantarillados Nacionales (IDAAN). The breakdown is as follows: 1. Water meter: USD 145.52 14 days USD 287 10 2. Installation USD 41.74 3. Metal deposit box: USD 48.14 4. Installation: USD 51.12 Agency: Water and Sewerage Authority (Instituto de Acueductos y Alcantarillados Nacionales-IDAAN) Doing Business 2015 Panama 29 Time to No. Procedure Cost to complete complete * Receive inspection from Fire Department Safety Office BuildCo must receive an inspection from the Fire Department so that the department can issue a permit. Inspectors come according to a schedule of visits that is defined when the preliminary approval has 1 day no charge 11 been granted. Agency: Municipal Office (Fire Department Safety Office) Obtain permit by Fire Department Safety Office 12 2 days USD 400 Agency: Municipal Office (Fire Department Safety Office) Request and obtain occupancy permit An approval must be received from the Fire Department before the occupancy permit is issued. An inspection may be carried out on the 13 site. 10 days USD 320 Agency: Municipal Office (Fire Department Safety Office) Notary notarizes “declaration of improvement” (declaración de mejora) The declaration is drafted on an official form (escritura pública). 2 days USD 100 14 Agency: Notary Register building with the Central Property Registry According to the fees published by the Public Registry (Resolution No. 212 of April 18, 2013 ) the "entry fee" for the constitution or transfer of ownership of real property (including improvements declaration) is USD 7 days USD 1,646 15 3 for each USD 1,000 of the property value. Agency: Central Property Registry * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Panama 30 GETTING ELECTRICITY Access to reliable and affordable electricity is vital for WHAT THE GETTING ELECTRICITY businesses. To counter weak electricity supply, many firms in developing economies have to rely on self- INDICATORS MEASURE supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the first step for Procedures to obtain an electricity a customer is always to gain access by obtaining a connection (number) connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for a Completing all required notifications and local business to obtain a permanent electricity receiving all necessary inspections connection and supply for a standardized warehouse, as well as the time and cost to complete them. These Obtaining external installation works and procedures include applications and contracts with possibly purchasing material for these works electricity utilities, clearances from other agencies Concluding any necessary supply contract and and the external and final connection works. The obtaining final supply ranking of economies on the ease of getting electricity is determined by sorting their distance to Time required to complete each procedure frontier scores for getting electricity. These scores are (calendar days) the simple average of the distance to frontier scores Is at least 1 calendar day for each of the component indicators. To make the data comparable across economies, several Each procedure starts on a separate day assumptions are used. Does not include time spent gathering The warehouse: information  Is owned by a local entrepreneur, located Reflects the time spent in practice, with little in the economy’s largest business city, in follow-up and no prior contact with officials an area where other warehouses are Cost required to complete each procedure located. For the 11 economies with a (% of income per capita) population of more than 100 million, data Official costs only, no bribes for a second city have been added. Excludes value added tax  Is not in a special economic zone where the connection would be eligible for subsidization or faster service.  Is to either the low-voltage or the medium- voltage distribution network and either  Is located in an area with no physical overhead or underground, whichever is more constraints (ie. property not near a railway). common in the area where the warehouse is  Is a new construction being connected to located. Included only negligible length in the electricity for the first time. customer’s private domain.  Is 2 stories, both above ground, with a total  Requires crossing of a 10-meter road but all surface of about 1,300.6 square meters the works are carried out in a public land, so (14,000 square feet), is built on a plot of there is no crossing into other people's 929 square meters (10,000 square feet), is private property. used for storage of refrigerated goods  Involves installing one electricity meter. The The electricity connection: monthly electricity consumption will be 26880 kilowatt hour (kWh). The internal  Is 150 meters long and is a 3-phase, 4-wire electrical wiring has been completed. Y, 140-kilovolt-ampere (kVA) (subscribed capacity) connection. Doing Business 2015 Panama 31 GETTING ELECTRICITY Where does the economy stand today? What does it take to obtain a new electricity connection Most indicator sets refer to a case scenario in the largest in Panama? According to data collected by Doing business city of an economy, except for 11 economies for Business, getting electricity there requires 5.0 procedures, which the data are a population-weighted average of the takes 35.0 days and costs 9.3% of income per capita 2 largest business cities. See the chapter on distance to (figure 4.1). frontier and ease of doing business ranking at the end of this profile for more details. Figure 4.1 What it takes to obtain an electricity connection in Panama - Note: Time shown in the figure above may not reflect simultaneity of procedures. For more information on the methodology of the getting electricity indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Panama 32 GETTING ELECTRICITY Globally, Panama stands at 29 in the ranking of 189 average ranking provide another perspective in assessing economies on the ease of getting electricity (figure 4.2). how easy it is for an entrepreneur in Panama to connect The rankings for comparator economies and the regional a warehouse to electricity. Figure 4.2 How Panama and comparator economies rank on the ease of getting electricity Source: Doing Business database. Doing Business 2015 Panama 33 GETTING ELECTRICITY What are the details? The indicators reported here for Panama are based on a OBTAINING AN ELECTRICITY CONNECTION set of specific procedures—the steps that an entrepreneur must complete to get a warehouse connected to electricity by the local distribution utility— Name of utility: Unión FENOSA identified by Doing Business. Data are collected from the distribution utility, then completed and verified by City: Panama City electricity regulatory agencies and independent professionals such as electrical engineers, electrical The procedures are those that apply to a warehouse and contractors and construction companies. The electricity electricity connection matching the standard distribution utility surveyed is the one serving the area assumptions used by Doing Business in collecting the (or areas) in which warehouses are located. If there is a data (see the section in this chapter on what the choice of distribution utilities, the one serving the largest indicators cover). The procedures, along with the number of customers is selected. associated time and cost, are summarized below. Table 4.2 Summary of time, cost and procedures for getting electricity in Panama - Time to No. Procedure Cost to complete complete The customer must obtain an occupancy permit that includes a certification of the internal wiring and verification of the required electricity load from the Fire Department The certification of the internal wiring (ELEC-411 resolution) is obtained from the Fire Department in the context of the occupancy permit and 1 certifies the internal electrical wiring installation. Safety requirements are 21 calendar days USD 250 governed by RIE (NEC + local regulations) - 1999 NESC 2007 Ministerio de Trabajo (reglamento de seguridad en la construcción) 2006. Agency: The municipality * In preparation for the certification of internal wiring the Fire Department conducts a visit of the work The Fire Department will visit the site to verify that the electrical 2 installations are in accordance with the standards and approved designs. 7 calendar days USD 45 Agency: The Fire Department The client sends a request for electricity connection to Unión FENOSA With the service application the customer must submit the following 7 calendar days USD 726.23 3 documents: • Copy of personal identification card or passport (or passport of the Directorate of Immigration and Naturalization), in the case of foreign natural person a copy of Certificate of Public Registry of the Company Doing Business 2015 Panama 34 Time to No. Procedure Cost to complete complete for the legal person. • If the natural person or legal representative of the company is unable to attend personally to sign the supply contract, the following will be needed: o For individuals: original letter of authorization with copy of identity card of the grantor and of the authorized person. o For legal entity: Notarized power of attorney and copy of the identity document of the grantor and of the empowered. • For new buildings or facilities not occupied a copy of occupancy permit. • In cases of customers such as buildings, exhibitions, fairs, circuses, etc. requiring a temporary supply, they must submit the corresponding authorization to operate issued by competent authority. • Submit certification of good payment history or references of recent credit, i.e. not exceeding a period of 5 years from the date the request is made. In their absence, the applicant must pay the security deposit provisions established in the regulation. • Pay the connection tariff according to the fee statement in force. An estimate does not have to be prepared, because there is fixed installation fee of $107. In addition, a security deposit has to be paid of one month of expected future consumption. The security deposit is returned to the customer with interest after one year of service. For a detail of charges, see: http://www.asep.gob.pa/electric/tarifas.asp. If the customer's warehouse is less than 100m from power lines, the Act states that the work has to be free. Once the customer request arrives with Union FENOSA, a service order is established internally. Agency: Unión FENOSA * Unión FENOSA subcontracts a company to carry out an external inspection After the customer has submitted the service request a subcontractor of Unión FENOSA inspects the site and determines what type of works are 4 needed. It is not necessary for a representative of the customer to be 2 calendar days USD 0 present. Agency: Unión FENOSA The client signs the supply contract and Unión FENOSA's subcontractor performs the works of the external connection The utility, not the customer obtains the excavation permit/right of way 7 calendar days USD 0 5 from the Ministerio de Obras Publicas (MOP). The subcontractor carries out the connection works to the low voltage network. All material is provided by Union FENOSA. The customer is only responsible for the internal connection from their property to the meter box. 3 transformers Doing Business 2015 Panama 35 Time to No. Procedure Cost to complete complete of 50 kW each are installed and the connecting cables are laid out. Last, the meter is installed and the electricity starts flowing. Agency: Unión FENOSA * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2015 Panama 36 REGISTERING PROPERTY Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY Effective administration of land is part of that. If INDICATORS MEASURE formal property transfer is too costly or complicated, formal titles might go informal again. And where property is informal or poorly Procedures to legally transfer title on administered, it has little chance of being accepted immovable property (number) as collateral for loans—limiting access to finance. Preregistration (for example, checking for liens, notarizing sales agreement, paying property What do the indicators cover? transfer taxes) Doing Business records the full sequence of Registration in the economy’s largest business procedures necessary for a business to purchase city 2 property from another business and transfer the property title to the buyer’s name. The transaction is Postregistration (for example, filing title with the municipality) considered complete when it is opposable to third parties and when the buyer can use the property, Time required to complete each procedure use it as collateral for a bank loan or resell it. The (calendar days) ranking of economies on the ease of registering Does not include time spent gathering property is determined by sorting their distance to information frontier scores for registering property. These scores are the simple average of the distance to frontier Each procedure starts on a separate day. scores for each of the component indicators. To Procedures that can be fully completed online are recorded as ½ day. make the data comparable across economies, several assumptions about the parties to the Procedure considered completed once final transaction, the property and the procedures are document is received used. No prior contact with officials The parties (buyer and seller): Cost required to complete each procedure  Are limited liability companies, 100% (% of property value) domestically and privately owned and Official costs only, no bribes perform general commercial activities. No value added or capital gains taxes included  Are located in the economy’s largest business city . 2  Is located in a periurban commercial zone, and no rezoning is required.  Have 50 employees each, all of whom are nationals.  Has no mortgages attached, has been under the same ownership for the past 10 years. The property (fully owned by the seller):  Consists of 557.4 square meters (6,000 square  Has a value of 50 times income per capita. feet) of land and a 10-year-old, 2-story The sale price equals the value. warehouse of 929 square meters (10,000  Is registered in the land registry or cada- square feet). The warehouse is in good stre, or both, and is free of title disputes. condition and complies with all safety standards, building codes and legal  Property will be transferred in its entirety. requirements. There is no heating system. 2 For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2015 Panama 37 REGISTERING PROPERTY Where does the economy stand today? What does it take to complete a property transfer in Most indicator sets refer to a case scenario in the largest Panama? According to data collected by Doing Business, business city of an economy, except for 11 economies for registering property there requires 7.0 procedures, takes which the data are a population-weighted average of the 22.5 days and costs 2.4% of the property value (figure 2 largest business cities. See the chapter on distance to 5.1). frontier and ease of doing business ranking at the end of this profile for more details. Figure 5.1 What it takes to register property in Panama - Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the registering property indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2015 Panama 38 REGISTERING PROPERTY Globally, Panama stands at 61 in the ranking of 189 regional average ranking provide other useful economies on the ease of registering property (figure information for assessing how easy it is for an 5.2). The rankings for comparator economies and the entrepreneur in Panama to transfer property. Figure 5.2 How Panama and comparator economies rank on the ease of registering property Source: Doing Business database. Doing Business 2015 Panama 39 REGISTERING PROPERTY Economies worldwide have been making it easier for the time required substantially—enabling buyers to use entrepreneurs to register and transfer property—such as or mortgage their property earlier. What property by computerizing land registries, introducing time limits registration reforms has Doing Business recorded in for procedures and setting low fixed fees. Many have cut Panama (table 5.1)? Table 5.1 How has Panama made registering property easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Panama reduced the time required to transfer property by DB2010 making it possible to obtain the certificate of good standing from the tax agency online. Panama made it more expensive to transfer property by DB2011 requiring that an amount equal to 3% of the property value be paid upon registration. Panama made property transfers faster by increasing working DB2013 hours at the registry and reorganizing the caseload of its staff. Panama made transferring property easier by connecting the DB2014 land registry with the cadastre. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Panama 40 REGISTERING PROPERTY What are the details? The indicators reported here are based on a set of STANDARD PROPERTY TRANSFER specific procedures—the steps that a buyer and seller must complete to transfer the property to the buyer’s name—identified by Doing Business through information collected from local property lawyers, Property value: USD 548,706 notaries and property registries. These procedures are those that apply to a transaction matching the City: Panama City standard assumptions used by Doing Business in collecting the data (see the section in this chapter on The procedures, along with the associated time and what the indicators cover). cost, are summarized below. Table 5.2 Summary of time, cost and procedures for registering property in Panama Time to No. Procedure Cost to complete complete Obtain a non-encumbrance certificate at the Public Registry Office Parties obtain a certificate of non-mortgage and non-litigation before starting the transaction. This certificate is obtained at the Public Registry Office. In many cases, it is advisable for property sales, that a surveyor is 1-2 days engaged to verify the correct measurements and location of the (simultaneous 1 USD30 properties. with Procedures 2 & 3) Agency: Public Registry Office ("Registro Público de Panamá" www.registro-publico.gob.pa) * Obtain a certificate of good standing online from the Autoridad Nacional de Ingresos Públicos The seller must obtain a Real Estate Tax Clearance Certificate. This Certificate have relation with the real property tax paid by the owners. In order to obtain this document the property shall be registered at the Online System of the Directorate General of Revenues (DGI). This certificate can be obtained online since 2009, and the printout must be submitted to the Public Registry Office. Once submitted the Public Less than a day Registry will verify it again online. This certificate can be requested by the (online procedure 2 individual or entity which has a password to enter the DGI Online System and simultaneous no cost online , and must have the lot number and the page number (document with procedure 1 number), issued by the Public Registry Office. Note that a land with a and 3) value under USD 30,000.00 is exempt of the Real Property Tax. Owners pay this tax according to a progressive scale that ranges from 1.75% on the excess over USD 30,000.00 to 2.10%on the excess over USD 75,000.00.annually based on the cadastral value of the property. Agency: Tax Agency ("Direccion General Impositiva" - DGI) Doing Business 2015 Panama 41 Time to No. Procedure Cost to complete complete * Obtain a non-debt water certificate ("certificado de Paz y Salvo") According to the law 77 of December 28, 2001, it is necessary to submit a certificate stating that no water bills are owed to the Public Registry in order to record the Public Deed of the acquisition of a property. The 1 day “certificado de Paz y Salvo” from IDAAN will be issued in 24 hours, and (simultaneous 3 USD1.25 costs 1 BALBOA with 00/100 (B/. 1.00) plus the stamp of 25 cents with Procedures 1 BALBOA (B/. 0.25). & 2) Agency: Instituto de Acueductos y Alcantarillados Nacionales (I.D.A.A.N.) A lawyer prepares the sale agreement A lawyer usually prepares the sale agreement (it can also be prepared by a real estate broker). In any case, the sale agreement -called the Minuta- needs to be stamped by a Panamanian lawyer prior to being executed in a public deed. The sale agreement should mention that there are no USD 200 (lawyer’s 4 2 days mortgages or limitations on the property. The documentation shall fees) include: • Non-encumbrance certificate (obtained in Procedure 1) Agency: Lawyer's office Payment of the Transfer and Capital Gains Taxes Prior to filing and recording the public deed at the Public Registry Office, the Transfer Tax should be paid (if it’s not exempt by any particular reason established by law) at the Ministry of Economics and Finance, by the seller. Transfer tax: 2% of the price of the transaction or the cadastral value, whichever is higher. There is no VAT in Panama for transfers of property Law No.49 of 17th September 2009, which amends the Fiscal Code and adopts other fiscal measure, sets forth the obligation for sellers to pay a sum equivalent to 3% of the total value of the sale or of the cadastral value of the property, whichever is higher, as an advance 2% of property payment of the Income Tax applicable to any profit resulting from the value (transfer tax) sale operation. In such cases, the taxpayer may opt to consider such 3% + 3% of property 5 as the definitive Income Tax to be paid for profits earned. However, 2 days value (capital gains where such 3% advance payment exceeds the amount resulting from tax, not included application of the nominal rate of such tax, which is 10% of the in the cost difference between the real value of the sale and the sum of the cost to calculation) acquire the property plus the expenses required to carry out the operation, the seller taxpayer may ask the General Income Directorate for reimbursement of the sums paid in excess, whether in cash or by means of a fiscal credit that can be used to pay other taxes. Previously and since 7/2006, the 10% of capital gains tax was calculated and paid at the moment of the sale as well as mentioned in the sale act by the notary; the gain was calculated by calculating the gain (sales minus buying cost minus expenses- lawyers, notary fees). Agency: Autoridad Nacional de Ingresos Publicos (ANIP) Doing Business 2015 Panama 42 Time to No. Procedure Cost to complete complete Notarization of the sale agreement and preparation of the public deed The notary notarizes the sale agreement and prepares the public deed. All transfers of property must be notarized or made into a public deed before filing for recording at the Public Registry Office. The documentation shall include: Sale agreement (prepared in Procedure 3) Receipt of payment of the transfer tax (obtained in Procedure 4) 2 days USD 100 6 Certificate of good standing with the cadastre (obtained in Procedure 2) Good standing certificate with water utility services (Clearance certificate issued by Instituto de Acueductos y Alcantarillados Nacionales (I.D.A.A.N.)) Agency: Notary The public deed is filed and recorded at the Public Registry Office under the name of the buyer The public deed is filed and recorded at the Public Registry Office under the name of the buyer. The registration fee is paid at the National Bank in favor of the Public Registry Office. The bank has a branch inside the registry office. Since 1999, there has been an optional expedited procedure in which one can obtain registration within 24 hours, at an additional cost of $250 though not many people choose it because it is 0.3% of property rather expensive. price (registration The documentation shall include: the notarized public deed (obtained in fee) + USD 5 for 7 Procedure 5), certificate of good standing with the cadastre. 2 weeks filing + USD 10 for In May, 2013 an automated system between the Cadastre and the Land analyzing the Registry was implemented. The system is responsible to share the document information involving the registration with the cadastre once the application is filled. The cadastre then records the new buyer for tax purposes as the new person responsible for the payment of the property tax. Agency: Public Registry Office ("Registro Público de Panamá" www.registro-publico.gob.pa) * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2015 Panama 43 GETTING CREDIT Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS credit and improve its allocation: credit information MEASURE systems and borrowers and lenders in collateral and bankruptcy laws. Credit information systems enable Strength of legal rights index (0–12) 3 lenders’ rights to view a potential borrower’s financial history (positive or negative)—valuable information to Rights of borrowers and lenders through consider when assessing risk. And they permit collateral laws borrowers to establish a good credit history that will Protection of secured creditors’ rights through allow easier access to credit. Sound collateral laws bankruptcy laws enable businesses to use their assets, especially Depth of credit information index (0–8) 4 movable property, as security to generate capital— while strong creditors’ rights have been associated Scope and accessibility of credit information with higher ratios of private sector credit to GDP. distributed by credit bureaus and credit registries What do the indicators cover? Credit bureau coverage (% of adults) Doing Business assesses the sharing of credit information and the legal rights of borrowers and Number of individuals and firms listed in lenders with respect to secured transactions through largest credit bureau as percentage of adult 2 sets of indicators. The depth of credit information population index measures rules and practices affecting the Credit registry coverage (% of adults) coverage, scope and accessibility of credit Number of individuals and firms listed in information available through a credit registry or a credit registry as percentage of adult credit bureau. The strength of legal rights index population measures whether certain features that facilitate lending exist within the applicable collateral and bankruptcy laws. Doing Business uses two case scenarios, Case A and Case B, to determine the scope of the secured transactions system, involving a  Has up to 50 employees. secured borrower and a secured lender and  Is 100% domestically owned, as is the lender. examining legal restrictions on the use of movable collateral (for more details on each case, see the Data The ranking of economies on the ease of getting Notes section of the Doing Business 2015 report). credit is determined by sorting their distance to These scenarios assume that the borrower: frontier scores for getting credit. These scores are the distance to frontier score for the strength of legal  Is a private limited liability company. rights index and the depth of credit information  Has its headquarters and only base of index. operations in the largest business city. For the 11 economies with a population of more than 100 million, data for a second city have been added. 3 For the legal rights index, 2 new points are added in Doing Business 2015 for new data collected to assess the overall legal framework for secured transactions and the functioning of the collateral registry. 4 For the credit information index, 2 new points are added in Doing Business 2015 for new data collected on accessing borrowers’ credit information online and availability of credit scores. Doing Business 2015 Panama 44 GETTING CREDIT Where does the economy stand today? How well do the credit information system and collateral Globally, Panama stands at 17 in the ranking of 189 and bankruptcy laws in Panama facilitate access to economies on the ease of getting credit (figure 6.1). The credit? The economy has a score of 8 on the depth of rankings for comparator economies and the regional credit information index and a score of 7 on the strength average ranking provide other useful information for of legal rights index (see the summary of scoring at the assessing how well regulations and institutions in end of this chapter for details). Higher scores indicate Panama support lending and borrowing. more credit information and stronger legal rights for borrowers and lenders. Figure 6.1 How Panama and comparator economies rank on the ease of getting credit Source: Doing Business database. Doing Business 2015 Panama 45 GETTING CREDIT One way to put an economy’s score on the getting credit rights index for Panama and shows the scores for indicators into context is to see where the economy comparator economies as well as the regional average stands in the distribution of scores across economies. score. Figure 6.3 shows the same for the depth of credit Figure 6.2 highlights the score on the strength of legal information index. Figure 6.2 How strong are legal rights for borrowers Figure 6.3 How much credit information is shared — and lenders? and how widely? Economy scores on strength of legal rights index Economy scores on depth of credit information index Note: Higher scores indicate that collateral and bankruptcy Note: Higher scores indicate the availability of more credit laws are better designed to facilitate access to credit. information, from either a credit registry or a credit bureau, Source: Doing Business database. to facilitate lending decisions. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Source: Doing Business database. Doing Business 2015 Panama 46 GETTING CREDIT When economies strengthen the legal rights of lenders information, they can increase entrepreneurs’ access to and borrowers under collateral and bankruptcy laws, and credit. What credit reforms has Doing Business recorded increase the scope, coverage and accessibility of credit in Panama (table 6.1)? Table 6.1 How has Panama made getting credit easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Panama improved access to credit through a new law broadening the range of assets that can be used as collateral, DB2015 allowing a general description of assets granted as collateral and allowing out-of-court enforcement of collateral. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Panama 47 GETTING CREDIT What are the details? The getting credit indicators reported here for Panama The data on the legal rights of borrowers and lenders are are based on detailed information collected in that gathered through a survey of financial lawyers and economy. The data on credit information sharing are verified through analysis of laws and regulations as well collected through a survey of a credit registry and/or as public sources of information on collateral and credit bureau (if one exists). To construct the depth of bankruptcy laws. For the strength of legal rights index, a credit information index, a score of 1 is assigned for each score of 1 is assigned for each of 10 aspects related to of 8 features of the credit registry or credit bureau (see legal rights in collateral law and 2 aspects in bankruptcy summary of scoring below). law. Strength of legal rights index (0–12) Index score: 7 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and enforcement of functional equivalents to security interests in movable No assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of Yes movable assets, without requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of Yes its assets, without requiring a specific description of collateral? May a security right extend to future or after-acquired assets, and may it extend automatically No to the products, proceeds or replacements of the original assets? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be secured between parties; and can the collateral agreement Yes include a maximum amount for which the assets are encumbered? Is a collateral registry in operation for both incorporated and non-incorporated entities, that is unified geographically and by asset type, with an electronic database indexed by debtor's Yes name? Does a notice-based collateral registry exist in which all functional equivalents can be No registered? Does a modern collateral registry exist in which registrations, amendments, cancellations and No searches can be performed online by any interested third party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor Yes defaults outside an insolvency procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is Yes liquidated? Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization procedure? Does the law protect secured creditors’ rights b y No providing clear grounds for relief from the stay and/or sets a time limit for it? Doing Business 2015 Panama 48 Strength of legal rights index (0–12) Index score: 7 Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow the secured creditor to sell the collateral through Yes public auction and private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Depth of credit information index (0–8) Credit bureau Credit registry Index score: 8 Are data on both firms and individuals distributed? Yes No 1 Are both positive and negative credit data distributed? Yes No 1 Are data from retailers or utility companies - in addition to data from banks and financial institutions - Yes No 1 distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries that distribute more than 10 years of negative data or erase data on Yes No 1 defaults as soon as they are repaid obtain a score of 0 for this component.) Are data on loan amounts below 1% of income per Yes No 1 capita distributed? By law, do borrowers have the right to access their Yes No 1 data in the credit bureau or credit registry? Can banks and financial institutions access borrowers’ credit information online (for example, through an Yes No 1 online platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value- added service to help banks and financial institutions Yes No 1 assess the creditworthiness of borrowers? Note: Prior to Doing Business 2015, the depth of credit information index covered only the first 6 features listed above. An economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Credit bureau Credit registry Coverage (% of adults) (% of adults) Number of firms 73,036 0 Number of individuals 1,497,048 0 Percent of total 63.0 0.0 Doing Business 2015 Panama 49 Source: Doing Business database. Doing Business 2015 Panama 50 PROTECTING MINORITY INVESTORS Protecting minority investors matters for the ability of companies to raise the capital they need to grow, WHAT THE PROTECTING MINORITY innovate, diversify and compete. Effective regulations INVESTORS INDICATORS MEASURE define related-party transactions precisely, promote clear and efficient disclosure requirements, require shareholder participation in major decisions of the Extent of disclosure index (0–10) company and set detailed standards of accountability Review and approval requirements for related-party for company insiders. transactions ; Disclosure requirements for related-party transactions What do the indicators cover? Doing Business measures the protection of minority Extent of director liability index (0–10) investors from conflicts of interest through one set of Ability of minority shareholders to sue and hold interested indicators and shareholders’ rights in corporate directors liable for prejudicial related-party transactions; governance through another. The ranking of economies Available legal remedies (damages, disgorgement of on the strength of minority investor protections is profits, fines, imprisonment, rescission of the transaction) determined by sorting their distance to frontier scores Ease of shareholder suits index (0–10) for protecting minority investors. These scores are the Access to internal corporate documents; Evidence simple average of the distance to frontier scores for the obtainable during trial and allocation of legal expenses extent of conflict of interest regulation index and the extent of shareholder governance index. To make the Extent of conflict of interest regulation index data comparable across economies, a case study uses (0–10) several assumptions about the business and the Sum of the extent of disclosure, extent of director liability transaction. and ease of shareholder indices, divided by 3 The business (Buyer): Extent of shareholder rights index (0-10.5)  Is a publicly traded corporation listed on the Shareholders’ rights and role in major corporate decisions economy’s most important stock exchange (or at least a large private company with Strength of governance structure index (0- multiple shareholders). 10.5) Governance safeguards protecting shareholders from  Has a board of directors and a chief executive undue board control and entrenchment officer (CEO) who may legally act on behalf of Buyer where permitted, even if this is not Extent of corporate transparency index (0-9) specifically required by law. Corporate transparency on ownership stakes, The transaction involves the following details: compensation, audits and financial prospects  Mr. James, a director and the majority Extent of shareholder governance index shareholder of the company, proposes that (0–10) the company purchase used trucks from Sum of the extent of shareholders rights, strength of another company he owns. governance structure and extent of corporate transparency indices, divided by 3  The price is higher than the going price for used trucks, but the transaction goes forward. Strength of investor protection index (0–10)  All required approvals are obtained, and all Simple average of the extent of conflict of interest required disclosures made, though the regulation and extent of shareholder governance indices transaction is prejudicial to Buyer.  Shareholders sue the interested parties and the members of the board of directors. Doing Business 2015 Panama 51 PROTECTING MINORITY INVESTORS Where does the economy stand today? How strong are minority investor protections against protection index (figure 7.1). While the indicator does self-dealing in Panama? The economy has a score of 5.6 not measure all aspects related to the protection of on the strength of minority investor protection index, minority investors, a higher ranking does indicate that an with a higher score indicating stronger protections. economy’s regulations offer stronger minority investor protections against self-dealing in the areas measured. Globally, Panama stands at 76 in the ranking of 189 economies on the strength of minority investor Figure 7.1 How Panama and comparator economies perform on the strength of minority investor protection index Source: Doing Business database. Doing Business 2015 Panama 52 PROTECTING MINORITY INVESTORS One way to put an economy’s scores on the protecting indices for Panama in 2014. A summary of scoring for the minority investors indicators into context is to see where protecting minority investors indicators at the end of this the economy stands in the distribution of scores across chapter provides details on how the indices were comparator economies. Figures 7.2 through 7.7 highlight calculated. the scores on the various minority investor protection Figure 7.2 How extensive are disclosure Figure 7.3 How extensive is the liability regime for directors? requirements? Extent of director liability index (0-10) Extent of disclosure index (0-10) Note: Higher scores indicate greater liability of directors. Note: Higher scores indicate greater disclosure. Source: Doing Business database. Source: Doing Business database. Doing Business 2015 Panama 53 PROTECTING MINORITY INVESTORS Figure 7.4 How easy is accessing internal corporate documents? Ease of shareholder suits index (0-10) Note: Higher scores indicate greater minority shareholder access to evidence before and during trial. Source: Doing Business database. Doing Business 2015 Panama 54 PROTECTING MINORITY INVESTORS Figure 7.5 How extensive are shareholder rights? Extent of shareholder rights index (0-10.5) Note: The higher the score, the stronger the protections. Source: Doing Business database. Figure 7.6 How strong is the governance structure? Strength of governance structure index (0-10.5) Note: Higher scores indicate more stringent governance structure requirements. Source: Doing Business database. Doing Business 2015 Panama 55 Figure 7.7 How extensive is corporate transparency? Extent of corporate transparency index (0-9) Note: Higher scores indicate greater transparency. Source: Doing Business database. Doing Business 2015 Panama 56 PROTECTING MINORITY INVESTORS Economies with the strongest protections of minority result, reforms to strengthen minority investor investors from self-dealing require detailed disclosure protections may move ahead on different fronts—such and define clear duties for directors. They also have well- as through new or amended company laws, securities functioning courts and up-to-date procedural rules that regulations or civil procedure rules. What minority give minority shareholders the means to prove their case investor protection reforms has Doing Business recorded and obtain a judgment within a reasonable time. As a in Panama (table 7.1)? Table 7.1 How has Panama strengthened minority investor protections—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Panama strengthened investor protections by increasing the DB2014 disclosure requirements for publicly held companies. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Panama 57 PROTECTING MINORITY INVESTORS What are the details? The protecting minority investors indicators reported to disclosure, director liability, shareholder suits, here for Panama are based on detailed information shareholder rights, governance structure and corporate collected through a survey of corporate and securities transparency in a standard case study (for more details, lawyers about securities regulations, company laws and see the Data Notes section of the Doing Business 2015 court rules of evidence and procedure. To construct the report). The summary below shows the details underlying six indicators on minority investor protection, scores are the scores for Panama. assigned to each based on a range of conditions relating Table 7.2 Summary of scoring for the protecting minority investors indicators in Panama Answer Score Extent of disclosure index (0-10) 4.0 Which corporate body can provide legally sufficient Shareholders or board of directors 1 approval for the Buyer-Seller transaction? (0-3) including interested parties Is disclosure by the interested director to the board of No disclosure obligation 0 directors required? (0-2) Is disclosure of the transaction in published periodic filings Disclosure on the transaction and 2 (annual reports) required? (0-2) on the conflict of interest Is immediate disclosure of the transaction to the public Disclosure on the transaction only 1 and/or shareholders required? (0-2) Must an external body review the terms of the transaction No 0 before it takes place? (0-1) Extent of director liability index (0-10) 4.0 Can shareholders sue directly or derivatively for the damage caused by the Buyer-Seller transaction to the company? (0- Yes 1 1) Can shareholders hold the interested director liable for the Liable if negligent 1 damage caused by the transaction to the company? (0-2) Can shareholders hold members of the approving body liable for the damage cause by the transaction to the Liable if negligent 1 company? (0-2) Must the interested director pay damages for the harm caused to the company upon a successful claim by a Yes 1 shareholder plaintiff? (0-1) Must the interested director repay profits made from the transaction upon a successful claim by a shareholder No 0 plaintiff? (0-1) Can both fines and imprisonment be applied against the No 0 interested indrector? (0-1) Can a court void the transaction upon a successful claim by Only in case of fraud or bad faith 0 a shareholder plaintiff? (0-2) Ease of shareholder suits index (0-10) 8.0 Before filing suit, can shareholders owning 10% of the company’s share capital inspect the transaction documents? Yes 1 (0-1) Can the plaintiff obtain any documents from the defendant Any relevant document 3 Doing Business 2015 Panama 58 and witnesses during trial? (0-3) Can the plaintiff request categories of documents from the Yes 1 defendant without identifying specific ones? (0-1) Can the plaintiff directly question the defendant and Yes 2 witnesses during trial? (0-2) Is the level of proof required for civil suits lower than that of No 0 criminal cases? (0-1) Can shareholder plaintiffs recover their legal expenses from Yes if successful 1 the company? (0-2) Strength of minority investor protection index (0-10) 5.6 Extent of conflict of interest regulation index (0-10) 5.3 Extent of shareholder rights index (0-10.5) 10.5 Can shareholders amend company bylaws or statutes with a Yes 1.5 simple majority? Can shareholders owning 10% of the company's share Yes 1.5 capital call for an extraordinary meeting of shareholders? Can shareholders remove members of the board of Yes 1.5 directors before the end of their term. Must a company obtain its shareholders’ approval every Yes 1.5 time it issues new shares? Are shareholders automatically granted subscription rights Yes 1.5 on new shares? Must shareholders approve the election and dismissal of the Yes 1.5 external auditor? Can shareholders freely trade shares prior to a major Yes 1.5 corporate action or meeting of shareholders? Strength of governance structure index (0-10.5) 1.5 Is the CEO barred from also serving as chair of the board of Yes 1.5 directors? Must the board of directors include independent board No 0 members? Must a company have a separate audit committee? No 0 Must changes to the voting rights of a series or class of shares be approved only by the holders of the affected Yes 1.5 shares? Must a potential acquirer make a tender offer to all No 0 shareholders upon acquiring 50% of a company? Is cross-shareholding between 2 independent companies No 0 limited to 10% of outstanding shares? Is a subsidiary barred from acquiring shares issued by its Yes 1.5 parent company? Extent of corporate transparency index (0-9) 5.5 Must ownership stakes representing 10% be disclosed? No 0 Must information about board members’ other directorships as well as basic information on their primary employment Yes for listed companies 1 be disclosed? Must the compensation of individual managers be Yes for listed companies 1 disclosed? Must financial statements contain explanatory notes on significant accounting policies, trends, risks, uncertainties Yes for listed companies 1 and other factors influencing the reporting? Must annual financial statements be audited by an external Yes 1.5 Doing Business 2015 Panama 59 auditor? Must audit reports be disclosed to the public? Yes for listed companies 1 Extent of shareholder governance index (0-10) 5.8 Source: Doing Business database. PAYING TAXES Taxes are essential. The level of tax rates needs to be carefully chosen—and needless complexity in tax WHAT THE PAYING TAXES INDICATORS rules avoided. Firms in economies that rank better MEASURE on the ease of paying taxes in the Doing Business study tend to perceive both tax rates and tax Tax payments for a manufacturing company administration as less of an obstacle to business in 2013 (number per year adjusted for according to the World Bank Enterprise Survey electronic and joint filing and payment) research. Total number of taxes and contributions paid, What do the indicators cover? including consumption taxes (value added tax, sales tax or goods and service tax) Using a case scenario, Doing Business measures the taxes and mandatory contributions that a medium- Method and frequency of filing and payment size company must pay in a given year as well as the Time required to comply with 3 major taxes administrative burden of paying taxes and (hours per year) contributions. This case scenario uses a set of financial statements and assumptions about Collecting information and computing the tax payable transactions made over the year. Information is also compiled on the frequency of filing and payments as Completing tax return forms, filing with well as time taken to comply with tax laws. The proper agencies ranking of economies on the ease of paying taxes is Arranging payment or withholding determined by sorting their distance to frontier scores on the ease of paying taxes. These scores are Preparing separate tax accounting books, if required the simple average of the distance to frontier scores for each of the component indicators, with a Total tax rate (% of profit before all taxes) threshold and a nonlinear transformation applied to Profit or corporate income tax one of the component indicators, the total tax rate . 5 The financial statement variables have been updated Social contributions and labor taxes paid by to be proportional to 2012 income per capita; the employer previously they were proportional to 2005 income Property and property transfer taxes per capita. To make the data comparable across Dividend, capital gains and financial economies, several assumptions are used. transactions taxes  TaxpayerCo is a medium-size business that Waste collection, vehicle, road and other taxes started operations on January 1, 2012.  Taxes and mandatory contributions include  The business starts from the same financial corporate income tax, turnover tax and all position in each economy. All the taxes labor taxes and contributions paidof by the 5 The nonlinear distance to frontier for the total tax rate is equal to the distance to frontier for the total tax rate to the power 0.8. The threshold is defined as and mandatory the total contributions tax rate at the 15th percentilepaid during of the company. overall distribution for all years included in the analysis. It is calculated and adjusted on a the yearly basis. second The thresholdyear of is not operation based are recorded. on any economic theory of an “optimal tax rate” that minimizes distortions or maximizes efficiency in the tax system of an economy overall. Instead, it is mainly empirical in nature, set  range Alower at the end ofstandard of deductions the distribution and of tax rates levied on medium-size  Taxes and mandatory contributions are exemptions enterprises in the manufacturing sector as observed through the paying taxes indicators. are also This reduces recorded. the bias in the indicators toward economies that do not need to levyat measured all levels significant government. ofon taxes companies like the Doing Business standardized case study company because they raise public revenue in other ways—for example, through taxes on foreign companies, through taxes on sectors other than manufacturing or from natural resources (all of which are outside the scope of the methodology). This year’s threshold is 26.1%. Doing Business 2015 Panama 60 PAYING TAXES Where does the economy stand today? What is the administrative burden of complying with 2 largest business cities. See the chapter on distance to taxes in Panama—and how much do firms pay in taxes? frontier and ease of doing business ranking at the end of On average, firms make 52.0 tax payments a year, spend this profile for more details. 417.0 hours a year filing, preparing and paying taxes and Globally, Panama stands at 166 in the ranking of 189 pay total taxes amounting to 37.2% of profit (see the economies on the ease of paying taxes (figure 8.1). The summary at the end of this chapter for details). Most rankings for comparator economies and the regional indicator sets refer to a case scenario in the largest average ranking provide other useful information for business city of an economy, except for 11 economies for assessing the tax compliance burden for businesses in which the data are a population-weighted average of the Panama. Figure 8.1 How Panama and comparator economies rank on the ease of paying taxes Source: Doing Business database. Doing Business 2015 Panama 61 PAYING TAXES Economies around the world have made paying taxes concrete results. Some economies simplifying tax faster and easier for businesses—such as by payment and reducing rates have seen tax revenue rise. consolidating filings, reducing the frequency of What tax reforms has Doing Business recorded in payments or offering electronic filing and payment. Panama (table 8.1)? Many have lowered tax rates. Changes have brought Table 8.1 How has Panama made paying taxes easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Panama reduced the corporate income tax rate, modified DB2011 various taxes and created a new tax court of appeals. Panama made paying taxes easier for companies by enhancing the electronic filing system for value added tax and simplifying DB2013 tax return forms for corporate income tax—though it also began requiring companies to pay corporate income tax monthly rather than quarterly. Panama made paying taxes easier for companies by changing the payment frequency for corporate income taxes from DB2014 monthly to quarterly and by implementing a new online platform for filing the social security payroll. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2015 Panama 62 PAYING TAXES What are the details? The indicators reported here for Panama are based LOCATION OF STANDARDIZED COMPANY on the taxes and contributions that would be paid by a standardized case study company used by Doing Business in collecting the data (see the section in this City: Panama City chapter on what the indicators cover). Tax practitioners are asked to review a set of financial statements as well as a standardized list of assumptions and transactions that the company The taxes and contributions paid are listed in the completed during its 2nd year of operation. summary below, along with the associated number of Respondents are asked how much taxes and payments, time and tax rate. mandatory contributions the business must pay and how these taxes are filed and paid. Table 8.2 Summary of tax rates and administration Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate Employer paid - Social gross 12 paid jointly 144 12.25% 13.8 security contributions salaries taxable Corporate income tax 4 83 25% 12.4 profit Employer paid - Professional gross 0 0 2.1% 2.4 risk insurance salaries Employer paid - Workers' gross 4 0 1.92% 2.2 severance payments salaries Employer paid - Education gross 0 0 1.5% 1.7 contribution salaries Commercial license tax 0 paid jointly 0 2% net worth 1.6 real estate Real estate tax 3 0 0% to 2.1% 1.2 value various Transfer tax 1 0 sales price 1.2 rates 375 per Municipal Business Tax 12 0 fixed fee 0.7 month various capital included in Capital gains tax 1 0 0.5 rates gains other taxes Doing Business 2015 Panama 63 Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate USD15 per Advertising tax 0 paid jointly 0 ad per 0 month Vehicle tax 1 0 fixed fee 0 Stamp tax on check 10 cents number of 1 0 0 transactions per check checks value not Value added tax (VAT) 12 190 7% 0 added included 0.25 per Fuel tax 1 0 0 gallon Employee paid - Social gross 0 paid jointly 0 9.75% 0 withheld security contributions salaries Employee paid - Education gross 0 paid jointly 0 1.25% 0 withheld contribution salaries Totals 52.0 417.0 37.2 Source: Doing Business database. Doing Business 2015 Panama 64 TRADING ACROSS BORDERS In today’s globalized world, making trade between WHAT THE TRADING ACROSS BORDERS economies easier is increasingly important for INDICATORS MEASURE business. Excessive document requirements, burdensome customs procedures, inefficient port operations and inadequate infrastructure all lead to Documents required to export and import extra costs and delays for exporters and importers, (number) stifling trade potential. Research shows that Bank documents exporters in developing countries gain more from a Customs clearance documents 10% drop in their trading costs than from a similar reduction in the tariffs applied to their products in Port and terminal handling documents global markets. Transport documents What do the indicators cover? Time required to export and import (days) Doing Business measures the time and cost Obtaining, filling out and submitting all the (excluding tariffs and the time and cost for sea documents transport) associated with exporting and importing a Inland transport and handling standard shipment of goods by sea transport, and the number of documents necessary to complete the Customs clearance and inspections transaction. The indicators cover predefined stages Port and terminal handling such as documentation requirements and procedures Does not include sea transport time at customs and other regulatory agencies as well as at the port. They also cover trade logistics, including Cost required to export and import (US$ per the time and cost of inland transport to the largest container) business city. The ranking of economies on the ease All documentation of trading across borders is determined by sorting their distance to frontier scores for trading across Inland transport and handling borders. These scores are the simple average of the Customs clearance and inspections distance to frontier scores for each of the component Port and terminal handling indicators. To make the data comparable across economies, Doing Business uses several assumptions Official costs only, no bribes about the business and the traded goods. The business:  Is located in the economy’s largest The traded product: business city. For the 11 economies with a population of more than 100 million, data  Is not hazardous nor includes military items. for a second city have been added.  Does not require refrigeration or any other  Is a private, limited liability company, special environment. domestically owned and does not operate  Do not require any special phytosanitary or with special export or import privileges. environmental safety standards other than  Conducts export and import activities, but accepted international standards. does not have any special accreditation  Is one of the economy’s leading export or such as an authorized economic operator import products. status.  Is transported in a dry-cargo, 20-foot full container load. Doing Business 2015 Panama 65 TRADING ACROSS BORDERS Where does the economy stand today? What does it take to export or import in Panama? average of the 2 largest business cities. See the chapter According to data collected by Doing Business, exporting on distance to frontier and ease of doing business a standard container of goods requires 3 documents, ranking at the end of this profile for more details. takes 10.0 days and costs $665.0. Importing the same Globally, Panama stands at 9 in the ranking of 189 container of goods requires 3 documents, takes 9.0 days economies on the ease of trading across borders (figure and costs $1030.0 (see the summary of four predefined 9.1). The rankings for comparator economies and the stages and documents at the end of this chapter for regional average ranking provide other useful details). Most indicator sets refer to a case scenario in information for assessing how easy it is for a business in the largest business city of an economy, except for 11 Panama to export and import goods. economies for which the data are a population-weighted Figure 9.1 How Panama and comparator economies rank on the ease of trading across borders Source: Doing Business database. Doing Business 2015 Panama 66 TRADING ACROSS BORDERS What are the details? The indicators reported here for Panama are based LOCATION OF STANDARDIZED COMPANY on a set of specific predefined stages for trading a standard shipment of goods by ocean transport (see the section in this chapter on what the indicators Port Name: Manzanillo cover). Information on the required documents and the time and cost to complete export and import is City: Panama City collected from local freight forwarders, shipping lines, The predefined stages, and the associated time and cost, customs brokers, port officials and banks. for exporting and importing a standard shipment of goods are listed in the summary below, along with the required documents. Table 9.2 Summary of predefined stages and documents for trading across borders in Panama Stages to export Time (days) Cost (US$) Customs clearance and inspections 1 50 Documents preparation 5 160 Inland transportation and handling 3 390 Ports and terminal handling 1 65 Totals 10 665 Stages to import Time (days) Cost (US$) Customs clearance and inspections 1 225 Documents preparation 6 150 Inland transportation and handling 1 390 Ports and terminal handling 1 265 Totals 9 1,030 Doing Business 2015 Panama 67 Documents to export Bill of Lading Commercial Invoice Customs Export Declaration Documents to import Bill of lading Commercial Invoice Customs Import Declaration Source: Doing Business database. Doing Business 2015 Panama 68 ENFORCING CONTRACTS Effective commercial dispute resolution has many WHAT THE ENFORCING CONTRACTS benefits. Courts are essential for entrepreneurs INDICATORS MEASURE because they interpret the rules of the market and protect economic rights. Efficient and transparent courts encourage new business relationships because Procedures to enforce a contract through businesses know they can rely on the courts if a new the courts (number) customer fails to pay. Speedy trials are essential for Steps to file and serve the case small enterprises, which may lack the resources to Steps for trial and judgment stay in business while awaiting the outcome of a long court dispute. Steps to enforce the judgment What do the indicators cover? Time required to complete procedures (calendar days) Doing Business measures the efficiency of the judicial system in resolving a commercial dispute before Time to file and serve the case local courts. Following the step-by-step evolution of Time for trial and obtaining judgment a standardized case study, it collects data relating to Time to enforce the judgment the time, cost and procedural complexity of resolving a commercial lawsuit. The ranking on the ease of Cost required to complete procedures (% of enforcing contracts is the simple average of the claim) percentile rankings on its component indicators: Average attorney fees procedures, time and cost. Court costs The dispute in the case study involves the breach of a sales contract between 2 domestic businesses. The Enforcement costs case study assumes that the court hears an expert on the quality of the goods in dispute. This distinguishes the case from simple debt enforcement. To make the data comparable across economies, Doing Business uses several assumptions about the case:  The seller and buyer are located in the economy’s largest business city. For the 11 economies with a population of more than  The seller requests a pretrial attachment to 100 million, data for a second city have secure the claim. been added.  The dispute on the quality of the goods  The buyer orders custom-made goods, requires an expert opinion. then fails to pay.  The judge decides in favor of the seller; there  The seller sues the buyer before a is no appeal. competent court.  The seller enforces the judgment through a  The value of the claim is 200% of the public sale of the buyer’s movable assets. income per capita or the equivalent in local currency of USD 5,000, whichever is greater. Doing Business 2015 Panama 69 ENFORCING CONTRACTS Where does the economy stand today? How efficient is the process of resolving a commercial business cities. See the chapter on distance to frontier dispute through the courts in Panama? According to and ease of doing business ranking at the end of this data collected by Doing Business, contract enforcement profile for more details. takes 686.0 days, costs 38.0% of the value of the claim Globally, Panama stands at 84 in the ranking of 189 and requires 32.0 procedures (see the summary at the economies on the ease of enforcing contracts (figure end of this chapter for details). Most indicator sets refer 10.1). The rankings for comparator economies and the to a case scenario in the largest business city of an regional average ranking provide other useful economy, except for 11 economies for which the data benchmarks for assessing the efficiency of contract are a population-weighted average of the 2 largest enforcement in Panama. Figure 10.1 How Panama and comparator economies rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2015 Panama 70 ENFORCING CONTRACTS What are the details? The indicators reported here for Panama are based COURT NAME on a set of specific procedural steps required to resolve a standardized commercial dispute through the courts (see the section in this chapter on what Claim value: USD 20,461 the indicators cover). These procedures, and the time and cost of completing them, are identified through Panama Civil Circuit study of the codes of civil procedure and other court Court name: Court, First Judicial regulations, as well as through questionnaires Circuit completed by local litigation lawyers (and, in a quarter of the economies covered by Doing Business, City: Panama City by judges as well). Table 10.2 Summary of time, cost and procedures for enforcing a contract in Panama Latin America & Indicator Panama Caribbean average Time (days) 686 737 Filing and service 30 Trial and judgment 291 Enforcement of judgment 365 Cost (% of claim) 38.0 30.6 Attorney cost (% of claim) 24.8 Court cost (% of claim) 13.0 Enforcement Cost (% of claim) 0.2 Procedures (number) 32 40 Number of procedures (without bonus points) 32 Total number of procedures (including bonus points) 32 Doing Business 2015 Panama 71 No. Procedures Filing and service: 1 Plaintiff hires a lawyer: Plaintiff hires a lawyer. Plaintiff files a summons and complaint: Plaintiff files a summons and complaint with the court (orally or * in writing). Plaintiff pays court fees: Plaintiff pays court fees (e.g. court duties, stamp duties, or any other type of court * fees). Answer ‘yes’ even if Plaintiff recovers these costs. Registration of court case: Registration of court case by the court administration (this can include 2 assigning a reference number to the case). Assignment of court case to a judge: Assignment of court case to a judge (through a random procedure, * automated system, ruling of an administrative judge, court officer, etc). Judicial scrutiny of summons and complaint: Judge examines Plaintiff's summons and complaint for 3 formal requirements as a matter of law or standard practice. Judge admits summons and complaint: Judge admits summons and complaint (after verifying the formal * requirements). Delivery of summons and complaint to person authorized to perform service of process on Defendant: 4 The judge or a court officer delivers the summons to a summoning office, officer, or authorized person (including Plaintiff), for service of process on Defendant. Arrangements for physical delivery of summons and complaint: Plaintiff takes the necessary steps to * arrange for physical service of process on Defendant (e.g. instructing a court officer or a private bailiff). Attempt at physical delivery: An attempt to physically deliver summons and complaint to Defendant is 5 made. Second attempt at physical delivery: If a first attempt is not ordinarily successful, a second attempt to 6 physically deliver the summons and complaint to Defendant is required by law or standard practice. (Check ‘yes’ only if a first attempt at physical delivery is not ordinarily successful) Application for substituted service: Because physical delivery is NOT successful, Plaintiff has recourse to 7 substituted service. Substituted service can include, but is not limited to, service by publication in newspapers or affixing of a notice in court or on public bulletin boards. Only ch Court order regarding substituted service: Judge in a court order sets out acceptable means for 8 substituted service in a particular case. Substituted service: Substituted service is completed by publication in newspapers, by affixing a notice in 9 court or on public bulletin boards, etc. Application for pre-judgment attachment: Plaintiff submits an application in writing for the attachment of * Defendant's property prior to judgment. Decision on pre-judgment attachment: Judge decides whether to grant Plaintiff’s request for pre- * judgment attachment of Defendant’s property and notifies Plaintiff and Defendant of the decision. Doing Business 2015 Panama 72 No. Procedures Guarantees securing attached property: Plaintiff submits guarantees or bonds to secure Defendant 10 against possible damages to attached property. Pre-judgment attachment order: Defendant's property is attached prior to judgment. Attachment order 11 either involves physical attachment, or is achieved by freezing, registering, marking, or otherwise separating and restricting Defendant’s movement of specific moveable assets. Custody of assets attached prior to judgment: If physical attachment is ordered, Defendant's attached 12 assets are placed in the custody or control of an enforcement officer or private bailiff. Trial and judgment: Defendant files an answer to Plaintiff’s claim: Defendant files a written pleading which includes his answer 13 or defense on the merits of the case (see assumption 4). Court appointment of independent expert: Judge appoints, either at the parties' request or at his own * initiative, an independent expert to decide whether the quality of the goods Plaintiff delivered to Defendant is adequate. (see assumption 5-b). Delivery of expert report by court-appointed expert: The independent expert, appointed by the court, * delivers his or her expert report to the court (see assumption 5-b). * List of (expert) witnesses: The parties file a list of (expert) witnesses with the court (see assumption 5-a). Summoning of (expert) witnesses: The court summons (expert) witnesses to appear in court for the oral 14 hearing or trial (see assumption 5-a). Oral hearing (prevalent in civil law): The parties argue the merits of the case at an oral hearing before the 15 judge. Witnesses and a court-appointed independent expert may be heard and questioned at the oral hearing. Final arguments: The parties present their final factual and legal arguments to the court either by oral * presentation or by a written submission. 16 Writing of judgment: The judge produces a written copy of the judgment. Court notification of availability of the written judgment: The court notifies the parties that the written 17 judgment is available at the courthouse. Defendant is formally notified of the judgment: Plaintiff or court formally notifies the Defendant of the 18 judgment. The appeal period starts to run from the day the Defendant is formally notified of the judgment. Appeal period: By law Defendant has the opportunity to appeal the judgment during a specified period. 19 Defendant decides not to appeal. Seller decides to start enforcing the judgment when the appeal period ends (see assumption 8). Order for reimbursement by Defendant of Plaintiff's court fees: The judgment orders Defendant to 20 reimburse Plaintiff for the court fees Plaintiff has advanced, because Defendant has lost the case. Enforcement of judgment: Plaintiff hires a lawyer: Plaintiff hires a lawyer to enforce the judgment or continues to be represented by * a lawyer during the enforcement of judgment phase. Doing Business 2015 Panama 73 No. Procedures Plaintiff requests an enforcement order: Plaintiff applies to the court to obtain the enforcement order * ('seal' on judgment). Judge's order for physical enforcement: Judge orders the police to assist with the physical enforcement of 21 the attachment of Defendant's movable assets. Check as “yes” only if the pretr ial order of attachment for Defendant’s moveable assets does not ordinarily involve physical seizure of the as Request to Defendant to comply voluntarily with judgment: Plaintiff, a court enforcement officer or a 22 private bailiff requests Defendant to voluntarily comply with the judgment. 23 Plaintiff identifies Defendant's assets for attachment: Plaintiff identifies Defendant's assets for attachment. Creditor notification of intent to attach: A court enforcement officer or private bailiff notifies other 24 creditors of the intent to attach Defendant's goods. Attachment: Defendant’s movable goods are attached (physically or by registering, marking or separating 25 assets). Report on execution of attachment: A court enforcement officer or private bailiff delivers a report on the 26 attachment of Defendant's movable goods to the judge. Valuation or appraisal of attached movable goods: The court or court-appointed valuation expert 27 evaluates the attached goods. Call for public auction: Judge calls a public auction by, for example, advertising or publication in the 28 newspapers. 29 Sale through public auction: The Defendant’s movable property is sold at public auction. 30 Judge's decision on bids: Judge determines the adequacy of the bids presented at public auction. Distribution of proceeds: The proceeds of the public auction are distributed to Plaintiff (and, where 31 applicable, to other creditors, according to the rules of priority). 32 Payment: Court orders that the proceeds of the public auction or the direct sale be delivered to Plaintiff. * Not counted in the total number of procedures. Source: Doing Business database. Doing Business 2015 Panama 74 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient INDICATORS MEASURE companies and reallocating the resources of inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of businesses Time required to recover debt (years) to normal operation and increase returns to Measured in calendar years creditors. By improving the expectations of creditors Appeals and requests for extension are and debtors about the outcome of insolvency included proceedings, well-functioning insolvency systems can facilitate access to finance, save more viable Cost required to recover debt (% of debtor’s businesses and thereby improve growth and estate) sustainability in the economy overall. Measured as percentage of estate value What do the indicators cover? Court fees Doing Business studies the time, cost and outcome of Fees of insolvency administrators insolvency proceedings involving domestic legal Lawyers’ fees entities. These variables are used to calculate the recovery rate, which is recorded as cents on the Assessors’ and auctioneers’ fees dollar recouped by secured creditors through Other related fees reorganization, liquidation or debt enforcement (foreclosure) proceedings. To determine the present Outcome value of the amount recovered by creditors, Doing Whether business continues operating as a Business uses the lending rates from the International going concern or business assets are sold Monetary Fund, supplemented with data from piecemeal central banks and the Economist Intelligence Unit. Recovery rate for creditors In addition, Doing Business evaluates the adequacy Measures the cents on the dollar recovered and integrity of the existing legal framework by secured creditors applicable to liquidation and reorganization proceedings through the strength of insolvency Outcome for the business (survival or not) determines the maximum value that can be framework index. The index tests whether economies recovered adopted internationally accepted good practices in four areas: commencement of proceedings, Official costs of the insolvency proceedings management of debtor’s assets, reorganization are deducted proceedings and creditor participation. Depreciation of furniture is taken into The ranking of the Resolving Insolvency indicator is account based on the recovery rate and the total score of the Present value of debt recovered strength of insolvency framework index. The Strength of insolvency framework index (0- Resolving Insolvency indicator does not measure 16) insolvency proceedings of individuals and financial institutions. The data are derived from survey Sum of the scores of four component indices: responses by local insolvency practitioners and Commencement of proceedings index (0-3) verified through a study of laws and regulations as well as public information on bankruptcy systems. Management of debtor’s assets index (0-6) Reorganization proceedings index (0-3) Creditor participation index (0-4) Doing Business 2015 Panama 75 RESOLVING INSOLVENCY Where does the economy stand today? Combination of quality regulations and efficient practice According to data collected by Doing Business, Panama characterize the top-performing economies. How scores 2.0 out of 3 points on the commencement of efficient are insolvency proceedings in Panama? proceedings index, 2.0 out of 6 points on the According to data collected by Doing Business, resolving management of debtor’s assets index, 0.0 out of 3 points insolvency takes 2.5 years on average and costs 25.0% of on the reorganization proceedings index, and 2.0 out of the debtor’s estate, with the most likely outcome being 4 points on the creditor participation index. Panama’s that the company will be sold as piecemeal sale. The total score on the strength of insolvency framework average recovery rate is 27.7 cents on the dollar. Most index is 6.0 out of 16. indicator sets refer to a case scenario in the largest Globally, Panama stands at 132 in the ranking of 189 business city of an economy, except for 11 economies for economies on the ease of resolving insolvency (figure which the data are a population-weighted average of the 11.1). The rankings for comparator economies and the 2 largest business cities. See the chapter on distance to regional average ranking provide other useful frontier and ease of doing business ranking at the end of benchmarks for assessing the efficiency of insolvency this profile for more details. proceedings in Panama. Figure 11.1 How Panama and comparator economies rank on the ease of resolving insolvency Doing Business 2015 Panama 76 Source: Doing Business database. Doing Business 2015 Panama 77 Figure 11.2 Recovery Rate (0-100) - Panama Source: Doing Business database. Figure 11.3 Strength of insolvency framework index (0-16) - Panama Source: Doing Business database. Doing Business 2015 Panama 78 LABOR MARKET REGULATION Doing Business measures flexibility in the regulation of Doing Business 2015 presents the data for the labor employment, specifically as it affects the hiring and market regulation indicators in an annex. The report redundancy of workers and the rigidity of working hours. does not present rankings of economies on these This year, for the first time, the indicators measuring indicators nor include the topic in the aggregate distance flexibility in labor market regulations focus on those to frontier score or ranking on the ease of doing affecting the food retail industry, using a standardized business. Detailed data collected on labor market case study of a cashier in a supermarket. Also new is that regulations are available on the Doing Business website Doing Business collects data on regulations applying to (http://www.doingbusiness.org). The data on labor employees hired through temporary-work agencies as market regulations are based on a detailed survey of well as on those applying to permanent employees or employment regulations that is completed by local employees hired on fixed-term contracts. The indicators lawyers and public officials. Employment laws and also cover additional areas of labor market regulation, regulations as well as secondary sources are reviewed to including social protection schemes and benefits as well ensure accuracy. To make the data comparable across as labor disputes. economies, several assumptions about the worker and the business are used. Over the period from 2007 to 2011 improvements were made to align the methodology for the labor market The worker: regulation indicators (formerly the employing workers  Is a cashier in a supermarket or a grocery store indicators) with the letter and spirit of the International  Is a full-time employee Labour Organization (ILO) conventions. Only 6 of the 188  Is not a member of the labor union, unless ILO conventions cover areas measured by Doing membership is mandatory Business: employee termination, weekend work, holiday The business: with pay, night work, protection against unemployment  Is a limited liability company (or the equivalent and medical care and sickness benefits. The Doing in the economy) with 60 employees. Business methodology is fully consistent with these 6  Operates a supermarket or grocery store in the conventions. The ILO conventions covering areas related economy’s largest business city. For 11 to the labor market regulation indicators do not include economies the data are also collected for the the ILO core labor standards—8 conventions covering second largest business city. the right to collective bargaining, the elimination of  Is subject to collective bargaining agreements if forced labor, the abolition of child labor and equitable such agreements cover more than 50% of the treatment in employment practices. food retail sector and they apply even to firms that are not party to them. Between 2009 and 2011 the World Bank Group worked  Abides by every law and regulation but does not with a consultative group—including labor lawyers, grant workers more benefits than those employer and employee representatives, and experts mandated by law, regulation or (if applicable) from the ILO, the Organisation for Economic Co- collective bargaining agreements. operation and Development (OECD), civil society and the private sector—to review the methodology for the labor market regulation indicators and explore future areas of research. A full report with the conclusions of the consultative group is available at: http://www.doingbusiness.org/methodology/employing-workers. Doing Business 2015 Panama LABOR MARKET REGULATION What are the details? The data reported here for Panama are based on a Employment laws and regulations as well as secondary detailed survey of labor market regulation that is sources are reviewed to ensure accuracy. completed by local lawyers and public officials. Difficulty of hiring index Difficulty of hiring covers 4 areas: (i) whether fixed-term wage to the average value added per worker. The contracts are prohibited for permanent tasks; (ii) the average value added per worker is the ratio of an maximum cumulative duration of fixed-term contracts; economy’s GNI per capita to the working-age population (iii) the minimum wage for a cashier, age 19, with 1 year as a percentage of the total population. of work experience; and (iv) the ratio of the minimum Difficulty of hiring index Data Fixed-term contracts prohibited for permanent tasks? Yes 12 in general; 36 for work requiring Maximum length of a single fixed-term contract (months) special technical preparation (Art. 74) Maximum length of fixed-term contracts, including renewals (months) 12 Minimum wage applicable to the worker assumed in the case study 476.59 (US$/month) Ratio of minimum wage to value added per worker 0.34 Source: Doing Business database. Doing Business 2015 Panama 80 LABOR MARKET REGULATION Rigidity of hours index Rigidity of hours covers 7 areas: (i) whether the premium for work on a weekly rest day (as a percentage workweek can extend to 50 hours or more (including of hourly pay); (v) whether there are restrictions on night overtime) for 2 months in a year to respond to a work; (vi) whether there are restrictions on weekly seasonal increase in workload; (ii) the maximum number holiday work; and (vii) the average paid annual leave for of days allowed in the workweek; (iii) the premium for workers with 1 year of tenure, 5 years of tenure and 10 night work (as a percentage of hourly pay); (iv) the years of tenure. Rigidity of hours index Data 50-hour workweek allowed for 2 months a year in case of a seasonal Yes increase in workload? Maximum working days per week 6.0 Premium for night work (% of hourly pay) 13% Premium for work on weekly rest day (% of hourly pay) 50% Major restrictions on night work? No Major restrictions on weekly holiday? Yes Paid annual leave for a worker with 1 year of tenure (in working days) 22.0 Paid annual leave for a worker with 5 years of tenure (in working days) 22.0 Paid annual leave for a worker with 10 years of tenure (in working days) 22.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in 22.0 working days) Source: Doing Business database. Doing Business 2015 Panama 81 LABOR MARKET REGULATION Difficulty of redundancy index Difficulty of redundancy index looks at 9 questions: (i) whether the employer needs approval from a third party what the length is in months of the maximum to terminate 1 redundant worker; (vi) whether the probationary period; (ii) whether redundancy is employer needs approval from a third party to terminate disallowed as a basis for terminating workers; (iii) a group of 9 redundant workers; (vii) whether the law whether the employer needs to notify a third party (such requires the employer to reassign or retrain a worker as a government agency) to terminate 1 redundant before making the worker redundant; (viii) whether worker; (iv) whether the employer needs to notify a third priority rules apply for redundancies; and (ix) whether party to terminate a group of 9 redundant workers; (v) priority rules apply for reemployment. Difficulty of redundancy index Data Maximum length of probationary period (months) 3.0 Dismissal due to redundancy allowed by law? Yes Third-party notification if 1 worker is dismissed? Yes Third-party approval if 1 worker is dismissed? Yes Third-party notification if 9 workers are dismissed? Yes Third-party approval if 9 workers are dismissed? Yes Retraining or reassignment obligation before redundancy? No Priority rules for redundancies? Yes Priority rules for reemployment? No Source: Doing Business database. Doing Business 2015 Panama 82 LABOR MARKET REGULATION Redundancy cost Redundancy cost measures the cost of advance notice requirements and severance payments applicable to a requirements, severance payments and penalties due worker with 1 year of tenure, a worker with 5 years and when terminating a redundant worker, expressed in a worker with 10 years is considered. One month is weeks of salary. The average value of notice recorded as 4 and 1/3 weeks. Redundancy cost indicator (in salary weeks) Data Notice period for redundancy dismissal for a worker with 1 year of tenure 0.0 Notice period for redundancy dismissal for a worker with 5 years of tenure 0.0 Notice period for redundancy dismissal for a worker with 10 years of tenure 0.0 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years 0.0 of tenure) Severance pay for redundancy dismissal for a worker with 1 year of tenure 3.4 Severance pay for redundancy dismissal for a worker with 5 years of tenure 17.0 Severance pay for redundancy dismissal for a worker with 10 years of tenure 34.0 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years 18.1 of tenure) Source: Doing Business database. Social protection schemes and benefits & Labor disputes Doing Business collects data on the existence of Doing Business also assesses the mechanisms available unemployment protection schemes as well as data on to resolve labor disputes. More specifically, it collects whether employers are legally required to provide data on what courts would be competent to hear labor health insurance for employees with permanent disputes and whether the competent court is contracts. specialized in resolving labor disputes. Social protection schemes and benefits & Labor disputes indicator Data Availability of unemployment protection scheme? No Health insurance existing for permanent employees? No Availability of courts or court sections specializing in labor disputes? Yes Source: Doing Business database. Doing Business 2015 Panama 83 Doing Business 2015 Panama 84 DISTANCE TO FRONTIER AND EASE OF DOING BUSINESS RANKING This year’s report presents results for 2 aggregate defined as the total tax rate at the 15th percentile of the measures: the distance to frontier score and the ease of overall distribution for all years included in the analysis. doing business ranking, which for the first time this year For the time to pay taxes the frontier is defined as the is based on the distance to frontier score. The ease of lowest time recorded among all economies that levy the doing business ranking compares economies with one 3 major taxes: profit tax, labor taxes and mandatory another; the distance to frontier score benchmarks contributions, and value added tax (VAT) or sales tax. In economies with respect to regulatory best practice, addition, the cost to export and cost to import for each showing the absolute distance to the best performance year are divided by the GDP deflator, to take the general on each Doing Business indicator. When compared price level into account when benchmarking these across years, the distance to frontier score shows how absolute-cost indicators across economies with different much the regulatory environment for local entrepreneurs inflation trends. The base year for the deflator is 2013 for in an economy has changed over time in absolute terms, all economies. while the ease of doing business ranking can show only In the same formulation, to mitigate the effects of how much the regulatory environment has changed extreme outliers in the distributions of the rescaled data relative to that in other economies. for most component indicators (very few economies Distance to Frontier need 700 days to complete the procedures to start a business, but many need 9 days), the worst performance The distance to frontier score captures the gap between is calculated after the removal of outliers. The definition an economy’s performance and a measure of best of outliers is based on the distribution for each practice across the entire sample of 31 indicators for 10 component indicator. To simplify the process, 2 rules Doing Business topics (the labor market regulation were defined: the 95th percentile is used for the indicators are excluded). For starting a business, for indicators with the most dispersed distributions example, Canada and New Zealand have the smallest (including time, cost, minimum capital and number of number of procedures required (1), and New Zealand the payments to pay taxes), and the 99th percentile is used shortest time to fulfill them (0.5 days). Slovenia has the for number of procedures and number of documents to lowest cost (0.0), and Australia, Colombia and 110 other trade. No outlier was removed for component indicators economies have no paid-in minimum capital bound by definition or construction, including legal requirement (table 15.1 in the Doing Business 2015 index scores (such as the depth of credit information report). index, extent of conflict of interest regulation index and strength of insolvency framework index) and the Calculation of the distance to frontier score recovery rate (figure 15.1 in the Doing Business 2015 Calculating the distance to frontier score for each report). economy involves 2 main steps. First, individual Second, for each economy the scores obtained for component indicators are normalized to a common unit individual indicators are aggregated through simple where each of the 31 component indicators y (except for averaging into one distance to frontier score, first for the total tax rate) is rescaled using the linear each topic and then across all 10 topics: starting a transformation (worst − y)/(worst − frontier). In this business, dealing with construction permits, getting formulation the frontier represents the best performance electricity, registering property, getting credit, protecting on the indicator across all economies since 2005 or the minority investors, paying taxes, trading across borders, third year after data for the indicator were collected for enforcing contracts and resolving insolvency. More the first time. For legal indicators such as those on complex aggregation methods—such as principal getting credit or protecting minority investors, the components and unobserved components —yield a frontier is set at the highest possible value. For the total ranking nearly identical to the simple average used by tax rate, consistent with the use of a threshold in Doing Business . Thus Doing Business uses the simplest 6 calculating the rankings on this indicator, the frontier is 6 See Djankov, Manraj and others (2005). Principal components and unobserved components methods yield a ranking nearly identical to Doing Business 2015 Panama 85 method: weighting all topics equally and, within each overall tax system. Instead, it is mainly empirical in topic, giving equal weight to each of the topic nature. The nonlinear transformation along with the components . threshold reduces the bias in the indicator toward 7 economies that do not need to levy significant taxes on An economy’s distance to frontier score is indicated on a companies like the Doing Business standardized case scale from 0 to 100, where 0 represents the worst study company because they raise public revenue in performance and 100 the frontier. All distance to frontier other ways—for example, through taxes on foreign calculations are based on a maximum of 5 decimals. companies, through taxes on sectors other than However, indicator ranking calculations and the ease of manufacturing or from natural resources (all of which are doing business ranking calculations are based on 2 outside the scope of the methodology). In addition, it decimals. The difference between an economy’s distance acknowledges the need of economies to collect taxes to frontier score in any previous year and its score in from firms. 2014 illustrates the extent to which the economy has closed the gap to the regulatory frontier over time. And Calculation of scores for economies with 2 cities in any given year the score measures how far an covered economy is from the best performance at that time. For each of the 11 economies for which a second city Treatment of the total tax rate was added in this year’s report, the distance to frontier score is calculated as the population-weighted average This year, for the first time, the total tax rate component of the distance to frontier scores for the 2 cities covered of the paying taxes indicator set enters the distance to (table 12.1). This is done for the aggregate score, the frontier calculation in a different way than any other scores for each topic and the scores for all the indicator. The distance to frontier score obtained for the component indicators for each topic. total tax rate is transformed in a nonlinear fashion before it enters the distance to frontier score for paying taxes. Table 12.1 Weights used in calculating the distance to As a result of the nonlinear transformation, an increase in frontier scores for economies with 2 cities covered the total tax rate has a smaller impact on the distance to Economy City Weight (%) frontier score for the total tax rate—and therefore on the Dhaka 78 distance to frontier score for paying taxes—for Bangladesh Chittagong 22 economies with a below-average total tax rate than it São Paulo 61 would have in the calculation done in previous years (line Brazil Rio de Janeiro 39 B is smaller than line A in figure 15.2 of the Doing Shanghai 55 China Business 2015 report). And for economies with an Beijing 45 extreme total tax rate (a rate that is very high relative to Mumbai 47 India the average), an increase has a greater impact on both Delhi 53 these distance to frontier scores than before (line D is Jakarta 78 Indonesia bigger than line C in figure 15.2 of the Doing Business Surabaya 22 Tokyo 65 2015 report). Japan Osaka 35 The nonlinear transformation is not based on any Mexico City 83 Mexico economic theory of an “optimal tax rate” that minimizes Monterrey 17 distortions or maximizes efficiency in an economy’s Lagos 77 Nigeria Kano 23 Karachi 65 Pakistan that from the simple average method because both these methods Lahore 35 assign roughly equal weights to the topics, since the pairwise Moscow 70 Russian Federation correlations among indicators do not differ much. An alternative to the St. Petersburg 30 simple average method is to give different weights to the topics, New York 60 depending on which are considered of more or less importance in the United States Los Angeles 40 context of a specific economy. Source: United Nations, Department of Economic and Social 7 For getting credit, indicators are weighted proportionally, according to their contribution to the total score, with a weight of 60% assigned Affairs, Population Division, World Urbanization Prospects, to the strength of legal rights index and 40% to the depth of credit 2014 Revision. http://esa.un.org/unpd/wup/CD- information index. Indicators for all other topics are assigned equal ROM/Default.aspx. weights Doing Business 2015 Panama 86 Economies that improved the most across 3 or more Selecting the economies that implemented regulatory Doing Business topics in 2013/14 reforms in at least 3 topics and had the biggest improvements in their distance to frontier scores is Doing Business 2015 uses a simple method to calculate intended to highlight economies with ongoing, broad- which economies improved the ease of doing business based reform programs. The improvement in the the most. First, it selects the economies that in 2013/14 distance to frontier score is used to identify the top implemented regulatory reforms making it easier to do improvers because this allows a focus on the absolute business in 3 or more of the 10 topics included in this improvement—in contrast with the relative improvement year’s aggregate distance to frontier score. Twenty-one shown by a change in rankings—that economies have economies meet this criterion: Azerbaijan; Benin; the made in their regulatory environment for business. Democratic Republic of Congo; Côte d’Ivoire; the Czech Republic; Greece; India; Ireland; Kazakhstan; Lithuania; the former Yugoslav Republic of Macedonia; Poland; Ease of Doing Business ranking Senegal; the Seychelles; Spain; Switzerland; Taiwan, China; Tajikistan; Togo; Trinidad and Tobago; and the The ease of doing business ranking ranges from 1 to 189. United Arab Emirates. Second, Doing Business sorts these The ranking of economies is determined by sorting the economies on the increase in their distance to frontier aggregate distance to frontier scores, rounded to 2 score from the previous year using comparable data. decimals. Doing Business 2015 Panama 87 RESOURCES ON THE DOING BUSINESS WEBSITE Current features Law library News on the Doing Business project Online collection of business laws and regulations http://www.doingbusiness.org relating to business http://www.doingbusiness.org/law-library Rankings How economies rank—from 1 to 189 Contributors http://www.doingbusiness.org/rankings More than 10,700 specialists in 189 economies who participate in Doing Business Data http://www.doingbusiness.org/contributors/doing- All the data for 189 economies—topic rankings, business indicator values, lists of regulatory procedures and details underlying indicators Entrepreneurship data http://www.doingbusiness.org/data Data on business density (number of newly registered companies per 1,000 working-age Reports people) for 139 economies Access to Doing Business reports as well as http://www.doingbusiness.org/data/exploretopics/ent subnational and regional reports, reform case repreneurship studies and customized economy and regional profiles Distance to frontier http://www.doingbusiness.org/reports Data benchmarking 189 economies to the frontier in regulatory practice Methodology http://www.doingbusiness.org/data/distance-to- The methodologies and research papers underlying frontier Doing Business http://www.doingbusiness.org/methodology Information on good practices Showing where the many good practices identified Research by Doing Business have been adopted Abstracts of papers on Doing Business topics and http://www.doingbusiness.org/data/good-practice related policy issues http://www.doingbusiness.org/research Doing Business iPhone App Doing Business at a Glance—presenting the full Doing Business reforms report, rankings and highlights for each topic for Short summaries of DB2015 business regulation the iPhone, iPad and iPod touch reforms, lists of reforms since DB2008 and a ranking http://www.doingbusiness.org/specialfeatures/ simulation tool iphone http://www.doingbusiness.org/reforms Historical data Customized data sets since DB2004 http://www.doingbusiness.org/custom-query Doing Business 2015 Panama 88