Economy Profile 2015 Doing Business 2015
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Doing Business 2015 Spain 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. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specifically reserved. This work is available under the Creative Commons Attribution 3.0 Unported license (CC BY 3.0) http://creativecommons.org/licenses/by/3.0/igo. Under the Creative Commons Attribution license, you are free to copy, distribute, transmit, and adapt this work, including for commercial purposes, under the following conditions: Attribution—Please cite the work as follows: World Bank. 2014. Doing Business 2015: Going Beyond Efficiency. Washington, DC: World Bank Group. DOI: 10.1596/978-1-4648-0351-2. License: Creative Commons Attribution CC BY 3.0 IGO Translations—If you create a translation of this work, please add the following disclaimer along with the attribution: This translation was not created by The World Bank and should not be considered an official World Bank translation. The World Bank shall not be liable for any content or error in this translation. Adaptations—If you create an adaptation of this work, please add the following disclaimer along with the attribution: This is an adaptation of an original work by The World Bank. Views and opinions expressed in the adaptation are the sole responsibility of the author or authors of the adaptation and are not endorsed by The World Bank. Third-party content—The World Bank does not necessarily own each component of the content contained within the work. The World Bank therefore does not warrant that the use of any third-party- owned individual component or part contained in the work will not infringe on the rights of those third parties. The risk of claims resulting from such infringement rests solely with you. If you wish to re-use a component of the work, it is your responsibility to determine whether permission is needed for that re-use and to obtain permission from the copyright owner. Examples of components can include, but are not limited to, tables, figures or images. All queries on rights and licenses should be addressed to the Publishing and Knowledge Division, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. ISBN (paper): 978-1-4648-0351-2 ISBN (electronic): 978-1-4648-0352-9 DOI: 10.1596/978-1-4648-0351-2 ISSN: 1729-2638 Cover design: Corporate Visions, Inc.
Doing Business 2015 Spain 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 6 Starting a business ..................................................................................................................... 16 Dealing with construction permits ........................................................................................... 23 Getting electricity ....................................................................................................................... 30 Registering property .................................................................................................................. 36 Getting credit .............................................................................................................................. 43 Protecting minority investors ................................................................................................... 49 Paying taxes ................................................................................................................................ 59 Trading across borders .............................................................................................................. 64 Enforcing contracts .................................................................................................................... 69 Resolving insolvency .................................................................................................................. 76 Labor market regulation ........................................................................................................... 81 Distance to frontier and ease of doing business ranking ...................................................... 88 Resources on the Doing Business website .............................................................................. 91
Doing Business 2015 Spain 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 Spain. To allow useful comparison, it also information on ordering Doing Business 2015, are provides data for other selected economies (comparator available on the Doing Business website at economies) for each indicator. The data in this report are http://www.doingbusiness.org. current as of June
Doing Business 2015 Spain 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 Spain 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: OECD high income based on indicator sets that measure and benchmark regulations applying to domestic small to medium-size Income category: High income businesses through their life cycle. Economies are ranked from 1 to 189 by the ease of doing business ranking. This Population: 46,647,421 year's report presents results for 2 aggregate measures: the distance to frontier score and the ease of doing GNI per capita (US$): 29,180 business ranking. The ranking of economies is determined by sorting the aggregate distance to frontier (DTF) scores. DB2015 rank: 33 The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute DB2014 rank: 32* distance to the best performance in each Doing Business Change in rank: -1 indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the DB 2015 DTF: 73.17 worst performance and 100 the frontier. (See the chapter on the distance to frontier and ease of doing business). DB 2014 DTF: 72.24 The 10 topics included in the ranking in Doing Business 2015: starting a business, dealing with construction Change in DTF: 0.93 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 Spain 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 Spain 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 Spain 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 Spain 9 THE BUSINESS ENVIRONMENT Figure 1.3 Rankings on Doing Business topics - Spain (Scale: Rank 189 center, Rank 1 outer edge) Figure 1.4 Distance to frontier scores on Doing Business topics - Spain (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 Spain 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 Spain 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 Spain 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 Spain United Kingdom DB2015 Best performer globally Switzerland DB2015 Germany DB2015 Portugal DB2015 Indicator France DB2015 Spain DB2015 Spain DB2014 Italy DB2015 DB2015 Starting a Business 74 115 28 114 46 10 69 45 New Zealand (1) (rank) Starting a Business (DTF 88.08 79.68 93.00 81.38 91.22 96.27 88.42 91.23 New Zealand (99.96) Score) Procedures (number) 6.0 10.0 5.0 9.0 5.0 3.0 6.0 6.0 New Zealand (1.0)* Time (days) 13.0 23.0 4.5 14.5 5.0 2.5 10.0 6.0 New Zealand (0.5) Cost (% of income per 4.6 4.7 0.9 8.8 14.1 2.3 2.0 0.3 Slovenia (0.0) capita) Paid-in min. capital (% 13.8 13.4 0.0 35.8 0.0 0.0 25.4 0.0 112 Economies (0.0)* of income per capita) Dealing with Hong Kong SAR, Construction Permits 105 104 86 8 116 58 45 17 China (1) (rank) Dealing with Hong Kong SAR, Construction Permits 69.18 69.24 73.14 87.42 67.35 77.31 78.50 85.06 China (95.53) (DTF Score)
Doing Business 2015 Spain 12 United Kingdom DB2015 Best performer globally Switzerland DB2015 Germany DB2015 Portugal DB2015 Indicator France DB2015 Spain DB2015 Spain DB2014 Italy DB2015 DB2015 Hong Kong SAR, Procedures (number) 7.0 7.0 8.0 8.0 10.0 14.0 11.0 9.0 China (5.0) Time (days) 229.0 229.0 183.0 96.0 233.0 113.0 154.0 105.0 Singapore (26.0) Cost (% of warehouse 5.2 5.2 4.7 1.1 3.7 1.4 0.7 1.2 Qatar (0.0)* value) Getting Electricity 74 68 60 3 102 47 5 70 Korea, Rep. (1) (rank) Getting Electricity (DTF 78.18 78.21 79.87 98.37 72.65 82.00 96.71 78.42 Korea, Rep. (99.83) Score) Procedures (number) 5.0 5.0 5.0 3.0 5.0 5.0 3.0 4.0 12 Economies (3.0)* Time (days) 85.0 85.0 79.0 28.0 124.0 64.0 39.0 126.0 Korea, Rep. (18.0)* Cost (% of income per 242.0 234.4 42.9 44.4 212.6 52.9 59.2 90.1 Japan (0.0) capita) Registering Property 66 71 126 89 41 25 16 68 Georgia (1) (rank) Registering Property 73.57 71.28 59.36 67.78 79.44 83.67 88.71 72.55 Georgia (99.88) (DTF Score) Procedures (number) 5.0 5.0 8.0 5.0 4.0 1.0 4.0 6.0 4 Economies (1.0)* Time (days) 12.0 12.5 49.0 40.0 16.0 1.0 16.0 21.5 3 Economies (1.0)* Cost (% of property 6.1 7.1 6.1 6.7 4.4 7.3 0.3 4.6 4 Economies (0.0)* value) Getting Credit (rank) 52 45 71 23 89 89 52 17 New Zealand (1) Getting Credit (DTF 60.00 60.00 50.00 70.00 45.00 45.00 60.00 75.00 New Zealand (100) Score) Strength of legal rights 5 5 4 6 2 2 6 7 3 Economies (12)* index (0-12)
Doing Business 2015 Spain 13 United Kingdom DB2015 Best performer globally Switzerland DB2015 Germany DB2015 Portugal DB2015 Indicator France DB2015 Spain DB2015 Spain DB2014 Italy DB2015 DB2015 Depth of credit 7 7 6 8 7 7 6 8 23 Economies (8)* information index (0-8) Credit registry coverage 50.0 51.9 44.5 1.3 24.6 100.0 0.0 0.0 Portugal (100.0) (% of adults) Credit bureau coverage 15.3 15.6 0.0 100.0 100.0 23.4 26.3 100.0 23 Economies (100.0)* (% of adults) Protecting Minority 30 30 17 51 21 51 78 4 New Zealand (1) Investors (rank) Protecting Minority 64.17 64.17 67.50 59.17 66.67 59.17 55.00 78.33 New Zealand (81.67) Investors (DTF Score) Extent of conflict of interest regulation 5.3 5.3 5.7 5.0 6.0 6.0 3.3 8.3 Singapore (9.3)* index (0-10) Extent of shareholder governance index (0- 7.5 7.5 7.8 6.8 7.3 5.8 7.7 7.3 France (7.8)* 10) Strength of minority investor protection 6.4 6.4 6.8 5.9 6.7 5.9 5.5 7.8 New Zealand (8.2) index (0-10) United Arab Emirates Paying Taxes (rank) 76 70 95 68 141 64 18 16 (1)* Paying Taxes (DTF United Arab Emirates 75.25 76.00 72.12 77.02 62.13 77.84 89.05 90.52 Score) (99.44)* Payments (number per Hong Kong SAR, 8.0 8.0 8.0 9.0 15.0 8.0 19.0 8.0 year) China (3.0)* Time (hours per year) 167.0 167.0 137.0 218.0 269.0 275.0 63.0 110.0 Luxembourg (55.0) Trading Across Borders 30 29 10 18 37 29 22 15 Singapore (1) (rank) Trading Across Borders 84.68 84.77 90.18 87.67 83.44 85.20 86.10 88.32 Singapore (96.47)
Doing Business 2015 Spain 14 United Kingdom DB2015 Best performer globally Switzerland DB2015 Germany DB2015 Portugal DB2015 Indicator France DB2015 Spain DB2015 Spain DB2014 Italy DB2015 DB2015 (DTF Score) Documents to export 4 4 2 4 3 4 3 4 Ireland (2)* (number) Time to export (days) 10.0 10.0 10.0 9.0 19.0 15.0 8.0 8.0 5 Economies (6.0)* Cost to export (US$ per 1,310.0 1,310.0 1,335.0 1,015.0 1,195.0 780.0 1,660.0 1,005.0 Timor-Leste (410.0) container) Cost to export (deflated 1,310.0 1,318.5 1,335.0 1,015.0 1,195.0 780.0 1,660.0 1,005.0 US$ per container) Documents to import 4 4 2 4 3 4 4 4 Ireland (2)* (number) Time to import (days) 9.0 9.0 11.0 7.0 18.0 13.0 8.0 6.0 Singapore (4.0) Cost to import (US$ per 1,400.0 1,350.0 1,445.0 1,050.0 1,145.0 925.0 1,440.0 1,050.0 Singapore (440.0) container) Cost to import (deflated 1,400.0 1,358.7 1,445.0 1,050.0 1,145.0 925.0 1,440.0 1,050.0 US$ per container) Enforcing Contracts 69 70 10 13 147 27 22 36 Singapore (1) (rank) Enforcing Contracts 62.65 62.65 77.67 76.74 45.61 69.65 72.20 68.08 Singapore (89.54) (DTF Score) Time (days) 510.0 510.0 395.0 394.0 1,185.0 547.0 390.0 437.0 Singapore (150.0) Cost (% of claim) 18.5 18.5 17.4 14.4 23.1 13.8 24.0 39.9 Iceland (9.0) Procedures (number) 40.0 40.0 29.0 31.0 37.0 34.0 32.0 29.0 Singapore (21.0)* Resolving Insolvency 23 22 22 3 29 10 41 13 Finland (1) (rank) Resolving Insolvency 75.89 76.42 75.94 91.78 71.29 84.19 63.10 82.04 Finland (93.85) (DTF Score)
Doing Business 2015 Spain 15 United Kingdom DB2015 Best performer globally Switzerland DB2015 Germany DB2015 Portugal DB2015 Indicator France DB2015 Spain DB2015 Spain DB2014 Italy DB2015 DB2015 Time (years) 1.5 1.5 1.9 1.2 1.8 2.0 3.0 1.0 Ireland (0.4) Cost (% of estate) 11.0 11.0 9.0 8.0 22.0 9.0 3.5 6.0 Norway (1.0) Outcome (0 as piecemeal sale and 1 as 1 1 1 1 1 1 0 1 going concern) Recovery rate (cents on 71.3 72.3 77.2 83.4 62.8 72.2 47.6 88.6 Japan (92.9) the dollar) Strength of insolvency 12.0 12.0 11.0 15.0 12.0 14.5 12.0 11.0 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 such 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 Spain 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 city1 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. owned1. 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 Spain 17 STARTING A BUSINESS Where does the economy stand today? What does it take to start a business in Spain? According business city of an economy, except for 11 economies for to data collected by Doing Business, starting a business which the data are a population-weighted average of the there requires 6.0 procedures, takes 13.0 days, costs 4.6% 2 largest business cities. See the chapter on distance to of income per capita and requires paid-in minimum frontier and ease of doing business ranking at the end of capital of 13.8% of income per capita (figure 2.1). Most this profile for more details. indicator sets refer to a case scenario in the largest Figure 2.1 What it takes to start a business in Spain Paid-in minimum capital (% of income per capita): 13.8 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 Spain 18 STARTING A BUSINESS Globally, Spain stands at 74 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 Spain to The rankings for comparator economies and the regional start a business. Figure 2.2 How Spain and comparator economies rank on the ease of starting a business Source: Doing Business database.
Doing Business 2015 Spain 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 Spain (table 2.1)? Table 2.1 How has Spain made starting a business easier—or not? By Doing Business report year from DB2010 to DB2015 DB year Reform Spain eased the process of starting a business by reducing the DB2012 cost to start a business and decreasing the minimum capital requirement. Spain made starting a business easier by eliminating the requirement to obtain a municipal license before starting DB2014 operations and by improving the efficiency of the commercial registry. Spain made starting a business easier by introducing an DB2015 electronic system linking several public agencies and thereby simplifying business registration. 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 Spain 20 STARTING A BUSINESS What are the details? Underlying the indicators shown in this chapter for STANDARDIZED COMPANY Spain 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 de responsabilidad firm. These are identified by Doing Business through limitada (SRL) -Limited Liability Company collaboration with relevant local professionals and the study of laws, regulations and publicly available Paid in minimum capital requirement: EUR 3,000 information on business entry in that economy. City: Madrid 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 Spain Time to No. Procedure Cost to complete complete Obtain a certification of uniqueness of proposed company name (certificación negativa de la denominación social) from the Mercantile Register Once the Registry issues the certification, the requested corporate name will be reserved for a maximum of 6 months from the certification’s date of issuance. 1 Each certification of uniqueness of the corporate name is valid for 3 2 days on average EUR 16.25 months from its date of issuance. Furthermore, once the certificate's validity has expired (3 months), the certificate can only be renewed once, after which a new certificate must be requested. Agency: Central Commercial Registry Open a bank account for the company; deposit capital in the bank and obtain a deposit certificate The contributions can also be directly given to the notary public before whom the deed of incorporation is going to be granted, at the time of 2 the granting, so that the notary can deposit them in the Company's 1 day no charge bank account. Agency: Bank
Doing Business 2015 Spain 21 Time to No. Procedure Cost to complete complete File the single electronic form (DUE) and make an appointment with a notary Entrepreneurs can visit a Help desk for Entrepreneurs (PAE, Punto de Atención Empresarial) where they will fill in the single electronic form called DUE (Documento Unico Electronico). The PAE will then send the DUE through the electronic platform CIRCE to each administrative department involved in the process of starting a business, such as the 1 day no charge 3 notary´s office, the commercial registry, the tax agency and the social security agency. The PAE will also help the entrepreneur to set up an appointment with a notary that will grant the public deed of incorporation of the company. Agency: Punto de Atencion Empresarial (PAE) Obtain the registered public deed of incorporation of the company and the fiscal identification number (CIF) before a public notary The DUE is sent electronically through CIRCE to the notary for the incorporation of the deed. Once the notary has granted the public deed, he sends an electronic communication to the tax administration agency asking for the provisional Tax Number (CIF) for the new company. The notary also sends the public deed for registration with the commercial registry. Once the company is registered with the commercial registry, the registry communicates the registration of the deed to the tax administration and asks for the definitive tax number for the company again by electronic means through CIRCE. Finally, see procedure 4 CIRCE notifies the definitive tax number to the notary and the notary 7 days details communicates it to the founders of the company. Registering the deed with the commercial registry and obtaining the provisional CIF from the tax authority takes 3 days approximately but it takes a few more days to obtain the final tax number. Notary costs approximately €500 (depending on the amount of the share capital and complexity of the operation) and registration costs EUR 155 to EUR 300 (depending on the amount of the share capital) Agency: Public Notary Submit a notification of start of operations (declaración responsable) to a private agency authorized by the municipality (ECLU) EUR 350. The cost varies depending On December 26, 2012, Spain adopted law 12/2012. This law removes on the location and 5 1 day the requirement for certain commercial activities to obtain a municipal the size of the license to initiate the execution of works and start operations. A business premises. company can start operations after submitting a simple notification (declaracion responsable sin certificado de conformidad) to the private agencies authorized by the Municipality (ECLU).
Doing Business 2015 Spain 22 Time to No. Procedure Cost to complete complete Agency: Town Council * Notify the Delegación Provincial de la Consejería de Trabajo e Industria The corresponding autonomous community must be notified within the first 30 days of the start of activities and the opening of the workplace. 1 day Every autonomous community has its own form. Some require that (simultaneous with 6 work injury and safety documentation (corresponding to the specific previous no charge business or workplace in question) be filed along with the forms. Other procedure) forms and documents might be needed depending on the workplace activities. Agency: Dirección Gral Trabajo - Comunidad de Madrid * 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 Spain 23 DEALING WITH CONSTRUCTION PERMITS Regulation of construction is critical to protect the WHAT THE DEALING WITH CONSTRUCTION public. But it needs to be efficient, to avoid excessive PERMITS INDICATORS MEASURE constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in time and money, Procedures to legally build a warehouse many builders opt out. They may pay bribes to pass (number) inspections or simply build illegally, leading to Submitting all relevant documents and hazardous construction that puts public safety at risk. obtaining all necessary clearances, licenses, Where compliance is simple, straightforward and permits and certificates inexpensive, everyone is better off. Submitting all required notifications and What do the indicators cover? receiving all necessary inspections Doing Business records the procedures, time and cost Obtaining utility connections for water and for a business in the construction industry to obtain sewerage all the necessary approvals to build a warehouse in Registering the warehouse after its the economy’s largest business city, connect it to completion (if required for use as collateral or basic utilities and register the warehouse so that it for transfer of the warehouse) can be used as collateral or transferred to another Time required to complete each procedure entity. (calendar days) The ranking of economies on the ease of dealing with Does not include time spent gathering construction permits is determined by sorting their information distance to frontier scores for dealing with Each procedure starts on a separate day. construction permits. These scores are the simple Procedures that can be fully completed online average of the distance to frontier scores for each of are recorded as ½ day. the component indicators. Procedure considered completed once final To make the data comparable across economies, document is received Doing Business uses several assumptions about the business and the warehouse, including the utility No prior contact with officials connections. Cost required to complete each procedure (% The business: of warehouse value) Official costs only, no bribes Is a limited liability company operating in the construction business and located in Will have complete architectural and the largest business city. For the 11 technical plans prepared by a licensed economies with a population of more than architect or engineer. 100 million, data for a second city have Will be connected to water and sewerage been added. Is domestically owned and (sewage system, septic tank or their operated. equivalent). The connection to each utility Has 60 builders and other employees. network will be 150 meters (492 feet) long. The warehouse: Will be used for general storage, such as of books or stationery (not for goods requiring Is valued at 50 times income per capita. special conditions). Is a new construction (there was no Will take 30 weeks to construct (excluding all previous construction on the land). delays due to administrative and regulatory requirements).
Doing Business 2015 Spain 24 DEALING WITH CONSTRUCTION PERMITS Where does the economy stand today? What does it take to comply with the formalities to build economy, except for 11 economies for which the data a warehouse in Spain? 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 7.0 procedures, takes 229.0 days and costs 5.2% and ease of doing business ranking at the end of this of the warehouse value (figure 3.1). Most indicator sets profile for more details. refer to a case scenario in the largest business city of an Figure 3.1 What it takes to comply with formalities to build a warehouse in Spain 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 Spain 25 DEALING WITH CONSTRUCTION PERMITS Globally, Spain stands at 105 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 Spain to legally build a warehouse. Figure 3.2 How Spain and comparator economies rank on the ease of dealing with construction permits Source: Doing Business database.
Doing Business 2015 Spain 26 DEALING WITH CONSTRUCTION PERMITS What are the details? The indicators reported here for Spain are based on BUILDING A WAREHOUSE 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 EUR 1,087,883 construction : licensing, including architects, civil engineers, construction lawyers, construction firms, utility City : Madrid 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 Spain Time to No. Procedure Cost to complete complete Request and obtain a certificate of compliance (certificado de conformidad) Prior to applying for the construction permit, BuildCo must obtain a compliance certificate. This certificate is the provisional license which can be obtained from two agencies - Municipality or Entidades Colaboradoras Urbanisticas - ECU according to the new Local Ordinance of the City Council of Madrid ("Ordenanza para la apertura de actividades economicas en la ciudad de Madrid"). The ECU has 2 months to examine the documentation and grant the 60 days EUR 6,277 1 compliance certificate. Once the compliance certificate has been granted, it must be attached to the building permit application. The final construction permit is issued by the Municipality. Once the licencia urbanistica de obras y actividad is issued by the Municipality of Madrid, BuildCo can proceed with the construction. Agency: Entidades Colaboradoras Urbanisticas - ECU Request and obtain a building license The documents required to obtain the license are the following: • A standardized application form and sheet containing the characteristics of the construction properly completed • Proof of payment of tax • Declaration by one or more technical authors (architect and project 90 days EUR 43,515 2 design specialists) that the project conforms to the appropriate town planning regulations, and certificate of the structural feasibility, if necessary • Declaration of the promoter that a signboard has been posted at the site to inform the public that a building license has been applied for and to provide information about the proposed operations and activities
Doing Business 2015 Spain 27 Time to No. Procedure Cost to complete complete • Three copies of the technical project designs signed by qualified technician(s) and countersigned by the appropriate official institute (or in this case, by the project’s administrative supervision office, accompanied by the application sheets of the appropriate professional association) • Confirmation of the deposit of a guarantee • Authorization program for independent parts of the construction or approval of partial projects, if requested by the promoter • In cases of renovation/expansion of buildings included in the general catalog of protected elements in historic city centers or historic centers of peripheral districts and historic colonies, a color photographic description of the existing building that permits, during enlargement operations, confirmation of the correct alignment of the enlargement plans with the historic city zoning restrictions • License of parceling, if the new construction needs previous parceling • Official alignment, if required • Project design of installation of telecommunications infrastructure Real Decreto 346/2011 • Project design of the use of solar energy for heating (either as an independent project design or as part of the general project design), signed by a qualified technician and countersigned by the appropriate official institute, if required by the Regulation Concerning the Harnessing of Solar Energy for Thermal Use • Reglamento de seguridad contra incendios en los establecimientos industriales RD 2267/2004, de 3 de diciembre, modificado en parte por el RD 560/2010 de 7 de mayo • Security and health certification or a basic certification regarding RD 1627/1997 de 24 de octubre • Certify the destination of all the construction waste and demolition (RCD) according to the Law 5/2003 and amendments by Law 9/2010 (regarding abandoned and discharged wastes) This procedure is regulated by the Ordenanza Fiscal Municipal Reguladora del Impuesto sobre Construcciones, Instalaciones y Obras (ICIO), dated October 9, 2001. According to article 19.2 of this regulation, the granting of any building license is taxed by at 4% of the construction value. Agency: Municipality of Madrid Receive random inspection According to the building license, one on-site inspection must be carried out during construction and one at the end of the process. If, during the inspections, the committee detects any possible infringements of the building regulations or criminal law, a proposal on 3 sanctions must be made, and a copy of the written record is given to 1 day no charge the public prosecutor. At minimum, administrative proceedings are initiated. In each inspection report, a record is included that provides information on every person involved and their roles, as well as on the facts, circumstances, dates, and results of the inspection. The record is regarded as a public administrative deed. The record must be signed by
Doing Business 2015 Spain 28 Time to No. Procedure Cost to complete complete the inspector(s) and by the person to whom the construction works have been attributed at the time of the inspection. Agency: Entidades Colaboradoras Urbanisticas - ECU Request and receive final inspection in connection with the operating license Private collaborating entities (ECU) carry out the inspection and issue the declaration of conformity at the end of the construction works. BuildCo must pay a fee to the collaborating entities. The amount is EUR 2600 for the first 500 square meters and additionally EUR 1.25 for every additional square meter. The cost details to request and receive final 4 inspection is provided on the official website of the Municipality of 30 days EUR 3,601 Madrid, www.munimadrid.es. The legal basis is Agreement of the Local Government Board of the City Council of Madrid, dated September 26, 2013, setting the maximum price for services of the private collaborating entities for 2014 (Official Gazette of the City Council of Madrid N. 7015 (09/30/2013)). Agency: Entidades Colaboradoras Urbanisticas - ECU Request and obtain operating license ("licencia de primera ocupacion") The purpose of the operating license is to verify that the construction and activities have been executed according to the project and the conditions under which the license had been granted, and that the construction has been completed and is adequate for urban determinations, the atmosphere and the security of its specific destination. As soon as construction is finished, in order to receive the first operating license (licencia de primera ocupación), the builder must submit the following documents to the ECU: • Final certificate of terminated construction (declaration of conformity), which must be signed by the technical director of the work. This 5 certificate must declare that the constructed building is in accordance 30 days EUR 603 with the issued license. For modifications that do not need approval of the City Council (23.2 of the Ordenanza Municipal de Tramitación de Licencias Urbanísticas de 23 de diciembre de 2004), the builder has to detail these modifications. • If urbanization works have been carried out simultaneously with construction, and this urbanization was completed by the builder, the builder must present the final certification of these works. • Certificado final de obra visado por el Colegio Profesional y Plan de Autoprotección (Ordenanza Municipal de Tramitación de Licencias Urbanísticas de 23 de diciembre de 2004 - BOCM de 7 de enero de 2005) The cost is as follows: EUR 206.55 for surfaces up to 500 square meters and EUR 49.45 for every additional 100 square meters until 20,500 square meters.
Doing Business 2015 Spain 29 Time to No. Procedure Cost to complete complete Agency: Municipality of Madrid Register the new building Registration fees cannot exceed EUR 2,181.00 according to Real Decreto 1427/1989, de 17 de noviembre, por el que se aprueba el arancel de los registradores de la Propiedad. Notary and registration fees depend on the value of the building. For a 18 days EUR 1,274 6 warehouse value like the one described in the case study, the cost to register the warehouse is approximately EUR 1,273.60 (Notary fee: 441.04 + Registration fee: 832.56). Agency: Property Registry * Request and obtain water connection If the flow of water is less than 6 liters per second or if fewer than 25 counters are needed in one hall, only the following documents must be submitted: • Technical report (Memoria técnica), not required if the flow of water is less than 3 liters per second • Form 2.1.4 • Confirmation of fee payment (EUR 12.28 must be paid at the counter) • Two copies of Form 2.1.3 (Impreso de Final de Obra) 7 2 days EUR 1,200 If the required flow of water is more than 6 liters per second or if more than 25 counters are needed in one hall, the following additional documents must be filed: • Project design from an engineer specialized in planning water facilities • Fee (in this case, a certain percentage of the budget) Agency: Canal de Isabel II * 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 Spain 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.
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