St. Lucia Economy Profile - Doing Business 2019
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Doing Business 2019 St. Lucia Economy Profile of St. Lucia Doing Business 2019 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safety mechanisms in the construction permitting system Getting electricity Procedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and the transparency of tariffs Registering property Procedures, time and cost to transfer a property and the quality of the land administration system Getting credit Movable collateral laws and credit information systems Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance Paying taxes Payments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as post-filing processes Trading across borders Time and cost to export the product of comparative advantage and import auto parts Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework for insolvency Labor market regulation Flexibility in employment regulation and aspects of job quality Page 2
Doing Business 2019 St. Lucia About Doing Business The Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life cycle. Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation for starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. Doing Business also measures features of labor market regulation. Although Doing Business does not present rankings of economies on the labor market regulation indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it does present the data for these indicators. By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourages economies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sector researchers and others interested in the business climate of each economy. In addition, Doing Business offers detailed subnational reports, which exhaustively cover business regulation and reform in different cities and regions within a nation. These reports provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selected cities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked. The first Doing Business report, published in 2003, covered 5 indicator sets and 133 economies. This year’s report covers 11 indicator sets and 190 economies. Most indicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013 (Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business also collected data for the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited from feedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving the regulatory environment for business around the world. More about Doing Business (PDF, 5MB) Page 3
Doing Business 2019 St. Lucia Ease of Doing Business in DB 2019 Rank Region Latin America & Caribbean 190 1 St. Lucia Income Category Upper middle income 93 DB 2019 Ease of doing business score Population 178,844 0 100 City Covered Castries 63.02 DB 2019 Ease of Doing Business Score 0 100 67.47: Jamaica (Rank: 75) 63.02: St. Lucia (Rank: 93) 61.07: Dominica (Rank: 103) 59.48: Antigua and Barbuda (Rank: 112) 58.97: Regional Average (Latin America & Caribbean) 52.71: Grenada (Rank: 147) Note: The ease of doing business score captures the gap of each economy from the best regulatory performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s ease of doing business score is reflected on a scale from 0 to 100, where 0 represents the lowest and 100 represents the best performance. The ease of doing business ranking ranges from 1 to 190. Rankings on Doing Business topics - St. Lucia 1 28 32 49 55 70 73 75 82 90 Rank 99 104 109 130 136 161 163 190 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Ease of Doing Business Score on Doing Business topics - St. Lucia 100 89.18 82.97 80 76.33 75.73 73.87 59.90 59.67 Score 60 51.67 40 35.89 25.00 20 0 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Page 4
Doing Business 2019 St. Lucia Starting a Business This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up and formally operate in each economy’s largest business city. To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to 10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement of operations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that one company is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally start and formally operate To make the data comparable across economies, several assumptions about the a company (number) business and the procedures are used. It is assumed that any required information is readily available and that the entrepreneur will pay no bribes. • Preregistration (for example, name verification or reservation, notarization) The business: • Registration in the economy’s largest business - Is a limited liability company (or its legal equivalent). If there is more than one type city of limited liability company in the economy, the most common among domestic firms • Postregistration (for example, social security is chosen. Information on the most common form is obtained from incorporation registration, company seal) lawyers or the statistical office. - Operates in the economy’s largest business city. For 11 economies the data are • Obtaining approval from spouse to start a business or to leave the home to register the also collected for the second largest business city. company - The entire office space is approximately 929 square meters (10,000 square feet). - Is 100% domestically owned and has five owners, none of whom is a legal entity; • Obtaining any gender specific document for has a start-up capital of 10 times income per capita and has a turnover of at least company registration and operation or national 100 times income per capita. identification card - Performs general industrial or commercial activities, such as the production or sale of goods or services to the public. The business does not perform foreign trade Time required to complete each procedure activities and does not handle products subject to a special tax regime, for example, (calendar days) liquor or tobacco. It does not use heavily polluting production processes. • Does not include time spent gathering - Leases the commercial plant or offices and is not a proprietor of real estate and the information amount of the annual lease for the office space is equivalent to the income per capita. • Each procedure starts on a separate day (2 procedures cannot start on the same day) - Does not qualify for investment incentives or any special benefits. - Has at least 10 and up to 50 employees one month after the commencement of • Procedures fully completed online are recorded operations, all of whom are domestic nationals. as ½ day - Has a company deed that is 10 pages long. • Procedure is considered completed once final document is received The owners: • No prior contact with officials - Have reached the legal age of majority. If there is no legal age of majority, they are assumed to be 30 years old. Cost required to complete each procedure (% of - Are sane, competent, in good health and have no criminal record. income per capita) - Are married and the marriage is monogamous and registered with the authorities. - Where the answer differs according to the legal system applicable to the woman or • Official costs only, no bribes man in question (as may be the case in economies where there is legal plurality), the • No professional fees unless services required by answer used will be the one that applies to the majority of the population. law or commonly used in practice Paid-in minimum capital (% of income per capita) • Funds deposited in a bank or with third party before registration or up to 3 months after incorporation Page 5
Doing Business 2019 St. Lucia Starting a Business - St. Lucia Standardized Company Legal form Private Limited Liability Company Paid-in minimum capital requirement XCD 0 City Covered Castries Indicator St. Lucia Latin America OECD high Best Regulatory & Caribbean income Performance Procedure – Men (number) 5 8.2 4.9 1 (New Zealand) Time – Men (days) 11 28.5 9.3 0.5 (New Zealand) Cost – Men (% of income per capita) 18.4 37.8 3.1 0.0 (Slovenia) Procedure – Women (number) 5 8.2 4.9 1 (New Zealand) Time – Women (days) 11 28.5 9.3 0.5 (New Zealand) Cost – Women (% of income per capita) 18.4 37.8 3.1 0.0 (Slovenia) Paid-in min. capital (% of income per capita) 0.0 1.5 8.6 0.0 (117 Economies) Figure – Starting a Business in St. Lucia and comparator economies – Ranking and Score DB 2019 Starting a Business Score 0 100 97.35: Jamaica (Rank: 6) 89.39: Dominica (Rank: 69) 89.18: St. Lucia (Rank: 70) 87.26: Grenada (Rank: 85) 81.74: Antigua and Barbuda (Rank: 131) 79.40: Regional Average (Latin America & Caribbean) Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. Page 6
Doing Business 2019 St. Lucia Figure – Starting a Business in St. Lucia – Procedure, Time and Cost Time (days) Cost (% of income per capita) 16 10 14 Cost (% of income per capita) 12 8 Time (days) 10 6 8 4 6 4 2 2 0 0 1 2 3 *4 *5 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 7
Doing Business 2019 St. Lucia Details – Starting a Business in St. Lucia – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Lawyer conducts name search and prepares incorporation documents 2 days XCD 3,500 Agency : Lawyer (a) Attorney conducts name search and waits for approval, as approval is not guaranteed. (b) If the name is approved by Commercial Registry it is only then the incorporation documents are prepared. By-Laws are not mandatory but are highly recommended. However, they are not filed together with the incorporation documents and are not included in the formation fee. They are filed subsequent to incorporation and attract a separate filing fee. The Commercial Registry does not charge for a name search, although there is a nominal fee for optional name reservation. Attorney fees vary on case by case basis, with an average fee of around XCD 3500. 2 Registration with the Commercial Registry 6 days XCD 850 Agency : Commercial Registry When registering the company with the Commercial Registry, the promoters pay an administrative fee of XCD 850 when presenting the documents for registration. The Registry issues a certification of incorporation once the registration process is finalized, typically within one week. 3 Make company seal 2 days XCD 75 Agency : Sealmaker The Companies Act of Saint Lucia does not require a company to heave a seal. Notwithstanding, in practice the usage of a seal is required, for instance, to open a bank account or to engage in specific transactions. Many companies use common rubber as a seal signature to overcome the practical requirement, others makes a simple seal, which takes about 2 days. 4 Obtain tax payer identification number 1 day, simultaneous no charge Agency : Inland Revenue Department with previous Either the company founder or an incorporation professional must apply in procedure person to the Inland Revenue Department for a company Tax Identification Number (TIN). 5 Register as an employer with the social security institute 1 day, simultaneous no charge Agency : National Insurance Corporation. with previous Either the company founder or an incorporation professional must apply to the procedure National Insurance Corporation to register the company as an employer for Social Security. Takes place simultaneously with previous procedure. Page 8
Doing Business 2019 St. Lucia Dealing with Construction Permits This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications, requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the building quality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professional certification requirements. The most recent round of data collection was completed in May 2018. See the methodology for more information What the indicators measure Case study assumptions Procedures to legally build a warehouse To make the data comparable across economies, several assumptions about the (number) construction company, the warehouse project and the utility connections are used. • Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances, licenses, permits and certificates - Is a limited liability company (or its legal equivalent) and operates in the economy’s largest business city. For 11 economies the data are also collected for the second • Submitting all required notifications and receiving largest business city. all necessary inspections - Is 100% domestically and privately owned; has five owners, none of whom is a • Obtaining utility connections for water and legal entity. Has a licensed architect and a licensed engineer, both registered with sewerage the local association of architects or engineers. BuildCo is not assumed to have any • Registering and selling the warehouse after its other employees who are technical or licensed experts, such as geological or completion topographical experts. - Owns the land on which the warehouse will be built and will sell the warehouse Time required to complete each procedure upon its completion. (calendar days) The warehouse: • Does not include time spent gathering information - Will be used for general storage activities, such as storage of books or stationery. - Will have two stories, both above ground, with a total constructed area of • Each procedure starts on a separate day— approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 though procedures that can be fully completed meters (9 feet, 10 inches) high and will be located on a land plot of approximately online are an exception to this rule 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the • Procedure is considered completed once final warehouse is valued at 50 times income per capita. document is received - Will have complete architectural and technical plans prepared by a licensed architect. If preparation of the plans requires such steps as obtaining further • No prior contact with officials documentation or getting prior approvals from external agencies, these are counted Cost required to complete each procedure (% of as procedures. income per capita) - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory requirements). • Official costs only, no bribes The water and sewerage connections: Building quality control index (0-15) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there • Quality of building regulations (0-2) is no water delivery infrastructure in the economy, a borehole will be dug. If there is • Quality control before construction (0-1) no sewerage infrastructure, a septic tank in the smallest size available will be installed or built. • Quality control during construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average • Quality control after construction (0-3) wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 • Liability and insurance regimes (0-2) gallons) a day. • Professional certifications (0-4) - Will have a constant level of water demand and wastewater flow throughout the year; will be 1 inch in diameter for the water connection and 4 inches in diameter for the sewerage connection. Page 9
Doing Business 2019 St. Lucia Dealing with Construction Permits - St. Lucia Standardized Warehouse Estimated value of warehouse XCD 1,202,507.30 City Covered Castries Indicator St. Lucia Latin America OECD high Best Regulatory & Caribbean income Performance Procedures (number) 14 15.4 12.7 None in 2017/18 Time (days) 116 199.0 153.1 None in 2017/18 Cost (% of warehouse value) 0.6 3.2 1.5 None in 2017/18 Building quality control index (0-15) 10.5 8.9 11.5 15.0 (3 Economies) Figure – Dealing with Construction Permits in St. Lucia and comparator economies – Ranking and Score DB 2019 Dealing with Construction Permits Score 0 100 76.33: St. Lucia (Rank: 32) 70.71: Jamaica (Rank: 76) 70.09: Dominica (Rank: 82) 68.14: Antigua and Barbuda (Rank: 97) 63.48: Regional Average (Latin America & Caribbean) 62.53: Grenada (Rank: 130) Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scores are the simple average of the scores for each of the component indicators. Figure – Dealing with Construction Permits in St. Lucia – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 0.4 100 0.35 Cost (% of warehouse value) 0.3 80 Time (days) 0.25 60 0.2 0.15 40 0.1 20 0.05 0 0 1 *2 3 *4 *5 6 7 8 9 * 10 * 11 * 12 13 * 14 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 10
Doing Business 2019 St. Lucia Figure – Dealing with Construction Permits in St. Lucia and comparator economies – Measure of Quality 15 12.0 10.5 Index score 10 9.0 8.9 8.0 5.0 5 0 St. Lucia Antigua and Barbuda Dominica Grenada Jamaica Latin America & Caribbean Details – Dealing with Construction Permits in St. Lucia – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain copy of land register extract 1 day XCD 10 Agency : Land Registry Department One copy of the land register extract is required for the building permit application. 2 Obtain survey plan, building forms, location plan (topographic sheet) and 1 day XCD 11 LRTP map extract Agency : Lands and Survey Department One copy of the survey plan, two building forms, one copy of a location plan (topographic sheet) and LRTP map extract are required for the building permit application. 3 Obtain recommendations from Health Department 21 days XCD 250 Agency : Health Department Site and floor plans, the proof of ownership and survey plan are submitted, showing adequate drainage and septic tank as well as the elevation (what the building looks like from the outside). 4 Obtain recommendations from Fire Department 14 days XCD 600 Agency : Fire Department 5 Receive stamp on drawings from a registered electrical engineer 3 days XCD 1,400 Agency : Registered Engineer A registered electrician must certify that the electrical plans are adequate 6 Obtain approval from DCA's Commercial Committee 42 days XCD 4,200 Agency : Development Control Authority's (DCA) Commercial Committee The committee meets once a month. BuildCo must provide copies of all previous approvals, including all construction drawings required by the Development Control Authority (DCA). The DCA conducts the approval process for public and commercial buildings in Saint Lucia. 7 Receive foundation works inspection 1 day no charge Agency : Development Control Authority Development Control Authority will inspect the construction after the completion of foundation and structure works. 8 Receive structural works inspection 1 day no charge Agency : Development Control Authority BuilCo. receives an inspection from municipal authorities to evaluate the building structure 9 Request inspection by Fire Department 1 day no charge Agency : Fire Department BuildCo must request an inspection from the Fire Department. Request inspection from WASCO (Water Department) 1 day no charge 10 Agency : WASCO (Water Department) BuildCo must request an inspection from WASCO. Receive inspection by Fire Department 1 day no charge 11 Agency : Fire Department The Fire Department conducts an inspection to evaluate the quality of the construction and verify that the warehouse has been built according to the submitted plans an to their recommendations. Receive inspection from WASCO (Water Department) 1 day no charge 12 Agency : WASCO (Water Department) WASCO conducts an inspection to determine where the connection to water will be made. Page 11
Doing Business 2019 St. Lucia 13 Obtain water connection 45 days XCD 150 Agency : WASCO (Water Department) After the inspection is conducted, WASCO provides the warehouse with the connection to water services. Obtain Fire Department letter 12 days no charge 14 Agency : Fire Department After the inspection has been conducted, the Fire Department issues a letter, confirming that the construction has followed the Fire Department recommendations Takes place simultaneously with previous procedure. Page 12
Doing Business 2019 St. Lucia Details – Dealing with Construction Permits in St. Lucia – Measure of Quality Answer Score Building quality control index (0-15) 10.5 Quality of building regulations index (0-2) 2.0 How accessible are building laws and regulations in your economy? (0-1) Available online; 1.0 Free of charge. Which requirements for obtaining a building permit are clearly specified in the building List of required 1.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Required preapprovals. Quality control before construction index (0-1) 1.0 Which third-party entities are required by law to verify that the building plans are in Licensed 1.0 compliance with existing building regulations? (0-1) architect. Quality control during construction index (0-3) 2.0 What types of inspections (if any) are required by law to be carried out during construction? Inspections by in- 1.0 (0-2) house engineer; Inspections at various phases. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 1.0 inspections are always done in practice. Quality control after construction index (0-3) 3.0 Is there a final inspection required by law to verify that the building was built in accordance Yes, in-house 2.0 with the approved plans and regulations? (0-2) engineer submits report for final inspection. Do legally mandated final inspections occur in practice? (0-1) Final inspection 1.0 always occurs in practice. Liability and insurance regimes index (0-2) 0.5 Which parties (if any) are held liable by law for structural flaws or problems in the building Architect or 0.5 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) engineer. Which parties (if any) are required by law to obtain an insurance policy to cover possible No party is 0.0 structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance required by law or Decennial Insurance)? (0-1) to obtain insurance . Professional certifications index (0-4) 2.0 What are the qualification requirements for the professional responsible for verifying that the Minimum number 1.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) of years of experience; University degree in architecture or engineering. What are the qualification requirements for the professional who supervises the construction Minimum number 1.0 on the ground? (0-2) of years of experience; University degree in engineering, construction or construction management. Page 13
Doing Business 2019 St. Lucia Getting Electricity This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally, the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to obtain an electricity connection To make the data comparable across economies, several assumptions about the (number) warehouse, the electricity connection and the monthly consumption are used. • Submitting all relevant documents and obtaining The warehouse: all necessary clearances and permits - Is owned by a local entrepreneur and is used for storage of goods. • Completing all required notifications and - Is located in the economy’s largest business city. For 11 economies the data are receiving all necessary inspections also collected for the second largest business city. • Obtaining external installation works and possibly - Is located in an area where similar warehouses are typically located and is in an purchasing material for these works area with no physical constraints. For example, the property is not near a railway. - Is a new construction and is being connected to electricity for the first time. • Concluding any necessary supply contract and - Has two stories with a total surface area of approximately 1,300.6 square meters obtaining final supply (14,000 square feet). The plot of land on which it is built is 929 square meters Time required to complete each procedure (10,000 square feet). (calendar days) The electricity connection: • Is at least 1 calendar day - Is a permanent one with a three-phase, four-wire Y connection with a subscribed • Each procedure starts on a separate day capacity of 140-kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 • Does not include time spent gathering kilowatt (kW). information - Has a length of 150 meters. The connection is to either the low- or medium-voltage distribution network and is either overhead or underground, whichever is more • Reflects the time spent in practice, with little common in the area where the warehouse is located and requires works that involve follow-up and no prior contact with officials the crossing of a 10-meter road (such as by excavation or overhead lines) but are all carried out on public land. There is no crossing of other owners’ private property Cost required to complete each procedure (% of income per capita) because the warehouse has access to a road. - Does not require work to install the internal wiring of the warehouse. This has • Official costs only, no bribes already been completed up to and including the customer’s service panel or • Value added tax excluded switchboard and the meter base. The reliability of supply and transparency of The monthly consumption: tariffs index (0-8) - It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 • Duration and frequency of power outages (0–3) p.m. (8 hours a day), with equipment utilized at 80% of capacity on average and that • Tools to monitor power outages (0–1) there are no electricity cuts (assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours (kWh); hourly consumption is 112 kWh. • Tools to restore power supply (0–1) - If multiple electricity suppliers exist, the warehouse is served by the cheapest • Regulatory monitoring of utilities’ performance supplier. (0–1) - Tariffs effective in January of the current year are used for calculation of the price of electricity for the warehouse. Although January has 31 days, for calculation • Financial deterrents limiting outages (0–1) purposes only 30 days are used. • Transparency and accessibility of tariffs (0–1) Price of electricity (cents per kilowatt-hour)* • Price based on monthly bill for commercial warehouse in case study *Note: Doing Business measures the price of electricity, but it is not included in the ease of doing business score nor the ranking on the ease of getting electricity. Page 14
Doing Business 2019 St. Lucia Getting Electricity - St. Lucia Standardized Connection Price of electricity (US cents per kWh) 30.9 Name of utility St. Lucia Electricity Services Ltd. (Lucelec) City Covered Castries Indicator St. Lucia Latin America OECD high Best Regulatory & Caribbean income Performance Procedures (number) 6 5.5 4.5 3 (25 Economies) Time (days) 26 65.5 77.2 18 (3 Economies) Cost (% of income per capita) 174.4 946.3 64.2 0.0 (3 Economies) Reliability of supply and transparency of tariff 7 4.3 7.5 8.0 (27 Economies) index (0-8) Figure – Getting Electricity in St. Lucia and comparator economies – Ranking and Score DB 2019 Getting Electricity Score 0 100 82.97: St. Lucia (Rank: 49) 82.51: Dominica (Rank: 50) 80.39: Antigua and Barbuda (Rank: 63) 73.34: Grenada (Rank: 89) 70.59: Regional Average (Latin America & Caribbean) 64.96: Jamaica (Rank: 115) Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of the scores for all the component indicators except the price of electricity. Page 15
Doing Business 2019 St. Lucia Figure – Getting Electricity in St. Lucia – Procedure, Time and Cost Time (days) Cost (% of income per capita) 140 25 120 Cost (% of income per capita) 20 100 Time (days) 15 80 60 10 40 5 20 0 0 1 *2 3 4 5 6 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Figure – Getting Electricity in St. Lucia and comparator economies – Measure of Quality 8 7 7 7 6 Index score 5 5 4.3 4 4 3 3 2 1 0 St. Lucia Antigua and Barbuda Dominica Grenada Jamaica Latin America & Caribbean Page 16
Doing Business 2019 St. Lucia Details – Getting Electricity in St. Lucia – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application for inspector's certificate of approval and await 10 calendar days XCD 3,439.5 inspection Agency : Ministry of Infrastructure, Ports, Energy, and Labour Before applying for an electricity connection, the internal wiring should be inspected by an inspector from the Electrical Department of the Ministry of Infrastructure, Transport and Port Services. To apply for this certificate, the customer's licensed electrician (the licenses are issued by the Ministry) would need to submit a standard application form (which can be obtained at the Ministry free of charge). The inspector would verify whether the wiring is electrically and mechanically sound by ensuring that it conforms with the Local Regulations of the Electrical Inspectorate of the Ministry and the IEE Regulations (BS 7671). 2 Obtain current Land Register from Ministry of Physical Development, 1 calendar day XCD 10 Housing and Urban Renewal Agency : Ministry of Physical Development,Housing and Urban Renewal (Land Registry Section) Anyone applying for a new electricity connection, including temporary connections from the St Lucia Electricity Services Limited (LUCELEC) must provide a copy of a current land register for the location at which the connection is required. This document is in addition to the existing requirements of an Inspection Certificate from the Ministry of Infrastructure, Port Services and Transport as well as a valid national identification document (ID). The land register is necessary to confirm that the applicant seeking the electricity connection owns the property or has permission from the landlord or property owner. The copy of the land register must be presented to Lucelec within 5 days of being issued.The land register is obtained from the Land Registry in the Ministry of Physical Development, Housing and Urban Renewal. 3 Submit new connection application to LUCELEC and await estimate 7 calendar days XCD 0 Agency : St. Lucia Electricity Services Limited (LUCELEC) If the warehouse is more than a hundred feet (30.48 mts.) from the nearest pole on the distribution system, the existing line may need to be extended. The cost of extending the distribution line will be estimated. In order to have an estimate, LUCELEC’s employee will visit the premises to determine what is needed to make the connection and whether a transformer is needed. During the visit, nobody from the applicant’s side needs to be on site. If a pole has to be planted on applicant’s property to support a transformer bank or for whatever reason, the customer or his representative would have to agree on its locations. After some time LUCELEC will issue to the customer an estimate for the connection works. 4 Pay estimate and await completion of external works by LUCELEC 7 calendar days XCD 30,350 Agency : St. Lucia Electricity Services Limited (LUCELEC) Once the customer has paid for the infrastructure’s upgrade, work starts right away. On completion the customer applies to the Ministry of Infrastructure, Transport and Ports Services for inspection and certification. 5 Submit application for final connection to LUCELEC 1 calendar day XCD 0 Agency : St. Lucia Electricity Services Limited (LUCELEC) Once the utility has performed the external infrastructure works (transformer, poles, and lines), the customer applies for the final connection. The customer signature is required on Lucelec's connection documents. However, the customer may give his/her electrical contractor written authorization to carry this procedure on their behalf. To request the connection the client needs to submit the following documents: 1. A certificate of compliance for the internal wiring. This certificate is issued by the Ministry of Infrastructure, Ports, Energy, and Labor, 2. A copy of the Land Register issued within 5 days. 3. A form of ID, passport, national ID card or D/L also customer's NIC number is needed. Page 17
Doing Business 2019 St. Lucia 6 Pay security deposit and obtain final connection from LUCELEC 1 calendar day XCD 8,150 Agency : St. Lucia Electricity Services Limited (LUCELEC) The customer has to pay a security deposit (to cover any outstanding bills in case the customer would close the account without paying). The security deposit is paid after the transformer has been installed and the external connection works are completed. The customer is advised to visit one of the four offices of LUCELEC to pay the deposit, following which they would complete the final connection. LUCELEC will also accept a performance bond from the customer's bank. Takes place simultaneously with previous procedure. Page 18
Doing Business 2019 St. Lucia Details – Getting Electricity in St. Lucia – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 7 Total duration and frequency of outages per customer a year (0-3) 3 System average interruption duration index (SAIDI) 0.2 System average interruption frequency index (SAIFI) 0.2 What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 0.0 Mechanisms for monitoring outages (0-1) 1 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of Yes supply? Financial deterrents aimed at limiting outages (0-1) 0 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages No exceed a certain cap? Communication of tariffs and tariff changes (0-1) 1 Are effective tariffs available online? Yes Link to the website, if available online http://www.lucelec.co m/content/rates- service-standards Are customers notified of a change in tariff ahead of the billing cycle? Yes Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 19
Doing Business 2019 St. Lucia Registering Property This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The quality of land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal access to property rights. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally transfer title on To make the data comparable across economies, several assumptions about the immovable property (number) parties to the transaction, the property and the procedures are used. • Preregistration procedures (for example, The parties (buyer and seller): checking for liens, notarizing sales agreement, paying property transfer taxes) - Are limited liability companies (or the legal equivalent). - Are located in the periurban area of the economy’s largest business city. For 11 • Registration procedures in the economy's largest economies the data are also collected for the second largest business city. business city. - Are 100% domestically and privately owned. • Postregistration procedures (for example, filling - Have 50 employees each, all of whom are nationals. title with municipality) - Perform general commercial activities. Time required to complete each procedure The property (fully owned by the seller): (calendar days) - Has a value of 50 times income per capita, which equals the sale price. • Does not include time spent gathering - Is fully owned by the seller. information - Has no mortgages attached and has been under the same ownership for the past • Each procedure starts on a separate day - 10 years. though procedures that can be fully completed - Is registered in the land registry or cadastre, or both, and is free of title disputes. online are an exception to this rule - Is located in a periurban commercial zone, and no rezoning is required. - Consists of land and a building. The land area is 557.4 square meters (6,000 • Procedure is considered completed once final square feet). A two-story warehouse of 929 square meters (10,000 square feet) is document is received located on the land. The warehouse is 10 years old, is in good condition, has no • No prior contact with officials heating system and complies with all safety standards, building codes and legal requirements. The property, consisting of land and building, will be transferred in its Cost required to complete each procedure (% of entirety. property value) - Will not be subject to renovations or additional construction following the purchase. • Official costs only (such as administrative fees, - Has no trees, natural water sources, natural reserves or historical monuments of duties and taxes). any kind. - Will not be used for special purposes, and no special permits, such as for • Value Added Tax, Capital Gains Tax and illicit residential use, industrial plants, waste storage or certain types of agricultural payments are excluded activities, are required. - Has no occupants, and no other party holds a legal interest in it. Quality of land administration index (0-30) • Reliability of infrastructure index (0-8) • Transparency of information index (0–6) • Geographic coverage index (0–8) • Land dispute resolution index (0–8) • Equal access to property rights index (-2–0) Page 20
Doing Business 2019 St. Lucia Registering Property - St. Lucia Indicator St. Lucia Latin America OECD high Best Regulatory & Caribbean income Performance Procedures (number) 9 7.2 4.7 1 (4 Economies) Time (days) 17 63.3 20.1 1 (New Zealand) Cost (% of property value) 7.2 5.8 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 18.5 11.9 23.0 None in 2017/18 Figure – Registering Property in St. Lucia and comparator economies – Ranking and Score DB 2019 Registering Property Score 0 100 59.90: St. Lucia (Rank: 104) 56.63: Antigua and Barbuda (Rank: 120) 55.25: Regional Average (Latin America & Caribbean) 53.61: Jamaica (Rank: 131) 50.14: Grenada (Rank: 146) 43.42: Dominica (Rank: 168) Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average of the scores for each of the component indicators. Figure – Registering Property in St. Lucia – Procedure, Time and Cost Time (days) Cost (% of property value) 8 16 7 14 Cost (% of property value) 6 12 Time (days) 5 10 4 8 3 6 4 2 2 1 0 0 1 *2 *3 *4 *5 *6 *7 8 9 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 21
Doing Business 2019 St. Lucia Figure – Registering Property in St. Lucia and comparator economies – Measure of Quality 30 25 Index score 18.5 19.0 20 15 14.0 11.9 10 7.0 4.5 5 0 St. Lucia Antigua and Barbuda Dominica Grenada Jamaica Latin America & Caribbean Details – Registering Property in St. Lucia – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain a certificate of good standing from the Registry of Companies 6 days XCD 25 Agency : Registry of Companies and Intellectual Property The Land Registry requires that the Certificate of Good Standing be produced upon presentation of the Deed for registration. The certificate is requested by the parties' lawyers (for both, seller and buyer companies) upon written request to the Registrar of Companies. The purpose of this requirement is to certify that the company is a validly existing company. The Certificate states the Company’s name and registration number; the date of incorporation; the fact that no proceedings have been instituted to strike the name of the company off the Register; that it has filed its annual return for the preceding year with the Registrar of Companies; that it has not filed articles of amalgamation and is not in the process of being wound up and dissolved; that as far as the Registrar is aware no Receiver or Manager of the company’s property has been appointed and that the company is a validly existing company. 2 Obtain compliance certificate from the National Insurance Corporation 3 days no charge (NIC) Agency : National Insurance Corporation (NIC) According to the National Insurance Corporation Act of Saint Lucia it is mandatory for employers to deduct from the wages of employees/insured persons a statutory contribution and to remit this sum together with the employer’s contribution to the National Insurance Corporation (NIC). An unpaid contribution to NIC ranks as a privileged debt on the same level as state taxes without the necessity for registration and therefore takes priority over the rights of other secured creditors such as registered mortgagees. Therefore, if an employer has not remitted contributions to NIC and that employer’s property is sold for example by a secured creditor who has put the property into receivership, NIC’s claim will rank above that of the secured creditor. The compliance form can be obtained online at the website however it will have to be faxed or brought in in person. 3 The purchaser’s lawyer conducts searches on the title at the Land Registry 2 days XCD 5 Agency : The Land Registry, Ministry of Physical Development, Housing and Urban Renewal The title search is conducted at the Land Registry a division of the Ministry of Physical Development, Housing and Urban Renewal. It is common practice for a lawyer or his clerk to conduct these searches. 4 Obtain tax clearance certificate from the Inland Revenue Department 2 days no charge Agency : Inland Revenue Department In order for the execution of the deed to proceed, both the seller and purchaser must have paid all outstanding income taxes and property taxes. Therefore, clearance from the Inland Revenue Department must be granted. This usually takes a few days because the Revenue Authority scans all documents. The land Registry will accept the document for registration once the Inland Revenue's stamp is on it indicating that all stamp duties have been paid. For non-nationals, the Vendor’s Tax is 10%. The public can now also submit a request for tax clearance via email and fax. However, the tax clearance is collected at one of the Inland Revenue Department offices. Page 22
Doing Business 2019 St. Lucia 5 Lawyer prepares and executes deed of sale 2 days XCD 86,058.05; Agency : Lawyer (Lawyer’s fees + Ideally, the lawyer can prepare and execute the deed in one day. However, this Vendor’s tax + is dependent upon receiving the “Radiation” document of discharge of the seller’s Buyer's tax + EC$ 20 mortgage from the bank. If there are no mortgages attached to the property, (for two additional execution of the deed can be done in one or two days at the most. The purchaser copies of the deed) pays stamp duty to the Inland Revenue Authority, in addition to EC$ 20, which represents stamp duty on two additional copies at EC$ 10 per copy. The scale of lawyers’ fees is set by the Bar Association of St. Lucia, and is used Lawyer’s fees: flat fee as a basis for the fees. A minimum flat fee of EC$ 100 is charged in addition to a of EC$ 100 + % of percentage of property value. property value, At the same time, the buyer will pay 2% for the stamp duty. according to the following scale: Property value / Fee: - Up to 50,000: 2.5% - Up to 100,000: 1.5% - Up to 850,000: 1% - Over 1 million: 0.5% Vendor’s tax: Seller pays vendor’s tax according to the following sliding scale (for a St. Lucian national): Property value / Vendor’s tax: - Up to 50,000: no charge - Between 50,000 and 75,000: 2.5% - Between 75,000 and 150,000: 3.5% - Balance: 5% Buyer's tax: stamp duty of 2% of the property value.) 6 The lawyer retrieves survey plan from the Survey and Mapping Department 1 day XCD 5; (EC$ 5 Agency : Survey and Mapping Department, Ministry of Physical Planning, minimum depending Housing and Urban Renewal on a size of a survey The plan is retrieved from the Survey & Mapping Division within 5 to 10 minutes. plan) The information can be retrieved faster if the survey plan number is available. A search conducted with the Block and Parcel Number of the property can take a few minutes longer. In December 2012, all survey plans have been placed in digital format, eliminating the need to physically retrieve and print plans. With the digital system, surveys plans can be printed immediately following the search on the computerized system. 7 Search for encumbrances at the Registry of the High Court 1 day XCD 7; (EC$ 5 + EC$ Agency : Registry of the High Court 1 for each page This search is necessary to ascertain whether or not there are any judgments copied) against the purchaser and the vendor. Unless all judgments are settled, the transaction cannot proceed. 8 Register title deed with Land Registry 9 days XCD 20 Agency : The Land Registry The registration fee is EC$20 per parcel. The original Deed is kept by the lawyer/notary, one copy remains with the Land Registry and one copy goes to the purchaser. Registration time depends on whether or not all documentation is complete and all fees and taxes have been paid, as well as on the work load of the Registry. Stamp duty is paid to the Inland Revenue Authority. Documentation required: - Deed of sale Page 23
Doing Business 2019 St. Lucia 9 Register new owner with the Inland Revenue Authority 1 day no charge Agency : Inland Revenue Authority A property owner is required to declare the property to the Inland Revenue Department within thirty (30) days of becoming the owner. This declaration must be a true statement of: 1. The description, Block and Parcel number, area and value of the land and in the case of a house it’s rental value; 2. The mailing address and a contact number of the owner or representative. Takes place simultaneously with previous procedure. Page 24
Doing Business 2019 St. Lucia Details – Registering Property in St. Lucia – Measure of Quality Answer Score Reliability of infrastructure index (0-8) 2.0 What is the institution in charge of immovable property registration? The Land Registry (Ministry of Physical Development, Housing and Urban Renewal) Expand In what format are the majority of title or deed records kept in the largest business city—in a Paper 0.0 paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions No 0.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Survey & Mapping Department (Ministry of Physical Development, Housing and Urban Renewal) In what format are the majority of maps of land plots kept in the largest business city—in a Computer/Scann 1.0 paper format or in a computerized format (scanned or fully digital)? ed Is there an electronic database for recording boundaries, checking plans and providing No 0.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Separate 0.0 or mapping agency kept in a single database, in different but linked databases or in separate databases databases? Do the immovable property registration agency and cadastral or mapping agency use the Yes 1.0 same identification number for properties? Transparency of information index (0–6) 2.0 Who is able to obtain information on land ownership at the agency in charge of immovable Anyone who 1.0 property registration in the largest business city? pays the official fee Is the list of documents that are required to complete any type of property transaction made No 0.0 publicly available–and if so, how? Link for online access: Is the applicable fee schedule for any property transaction at the agency in charge of Yes, in person 0.0 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: Does the agency in charge of immovable property registration commit to delivering a legally No 0.0 binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the agency in charge of immovable property registration? Contact information: Are there publicly available official statistics tracking the number of transactions at the No 0.0 immovable property registration agency? Number of property transfers in the largest business city in 2017: Who is able to consult maps of land plots in the largest business city? Anyone who 0.5 pays the official fee Page 25
Doing Business 2019 St. Lucia Is the applicable fee schedule for accessing maps of land plots made publicly available— Yes, on public 0.5 and if so, how? boards Link for online access: Does the cadastral or mapping agency commit to delivering an updated map within a No 0.0 specific time frame—and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the cadastral or mapping agency? Contact information: Geographic coverage index (0–8) 8.0 Are all privately held land plots in the economy formally registered at the immovable property Yes 2.0 registry? Are all privately held land plots in the largest business city formally registered at the Yes 2.0 immovable property registry? Are all privately held land plots in the economy mapped? Yes 2.0 Are all privately held land plots in the largest business city mapped? Yes 2.0 Land dispute resolution index (0–8) 6.5 Does the law require that all property sale transactions be registered at the immovable Yes 1.5 property registry to make them opposable to third parties? Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5 Is there a specific compensation mechanism to cover for losses incurred by parties who Yes 0.5 engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Does the legal system require a control of legality of the documents necessary for a property Yes 0.5 transaction (e.g., checking the compliance of contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar; Notary; Lawyer; Does the legal system require verification of the identity of the parties to a property Yes 0.5 transaction? If yes, who is responsible for verifying the identity of the parties? Registrar; Notary; Lawyer; Is there a national database to verify the accuracy of identity documents? Yes 1.0 For a standard land dispute between two local businesses over tenure rights of a property High Court of worth 50 times gross national income (GNI) per capita and located in the largest business Justice city, what court would be in charge of the case in the first instance? How long does it take on average to obtain a decision from the first-instance court for such a Between 1 and 2 2.0 case (without appeal)? years Are there any statistics on the number of land disputes in the first instance? No 0.0 Number of land disputes in the largest business city in 2017: Equal access to property rights index (-2–0) 0.0 Do unmarried men and unmarried women have equal ownership rights to property? Yes Do married men and married women have equal ownership rights to property? Yes 0.0 Page 26
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