Doing Business 2018 Netherlands
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Doing Business 2018 Netherlands Economy Profile of Netherlands Doing Business 2018 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, 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 and total tax 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 2018 Netherlands 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 distance to frontier 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. The distance to frontier (DTF) measure shows the distance of each economy to the “frontier,” which represents the best performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s distance to frontier is reflected on a scale from 0 to 100, where 0 represents the lowest performance and 100 represents the frontier. The ease of doing business ranking ranges from 1 to 190. The ranking of 190 economies is determined by sorting the aggregate distance to frontier scores, rounded to two decimals. More about Doing Business (PDF, 5MB) Page 3
Doing Business 2018 Netherlands Ease of Doing Business in DB 2018 Rank Region OECD high income 190 1 Netherlands Income Category High income 32 DB 2018 Distance to Frontier (DTF) Population 17,018,408 0 100 City Covered Amsterdam 76.03 DB 2018 Distance to Frontier (DTF) 0 100 84.06: Denmark (Rank: 3) 80.37: Finland (Rank: 13) 77.46: Regional Average (OECD high income) 76.13: France (Rank: 31) 76.03: Netherlands (Rank: 32) 71.69: Belgium (Rank: 52) Note: The distance to frontier (DTF) measure shows the distance of each economy to the “frontier,” which represents the best performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s distance to frontier is reflected on a scale from 0 to 100, where 0 represents the lowest performance and 100 represents the frontier. The ease of doing business ranking ranges from 1 to 190. Rankings on Doing Business topics - Netherlands 1 1 8 20 20 30 28 52 55 62 69 76 82 Rank 105 109 136 163 190 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 Distance to Frontier (DTF) on Doing Business topics - Netherlands 100.00 100 94.28 87.59 84.22 81.58 80.04 80 69.33 58.33 59.94 60 DTF 45.00 40 20 0 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Page 4
Doing Business 2018 Netherlands Starting a Business This topic measures the paid-in minimum capital requirement, number of procedures, time and cost for a small- to medium-sized limited liability company to start up and formally operate in 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 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 distance to frontier score for each indicator is the average of the scores obtained for each of the component indicators. The most recent round of data collection for the project was completed in June 2017. 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) business and the procedures are used. It is assumed that any required information is readily available and that the entrepreneur will pay no bribes. â— Submitting all relevant documents and obtaining all necessary clearances, licenses, permits and The business: certificates â— Submitting all required notifications and receiving - Is a limited liability company (or its legal equivalent). If there is more than one type all necessary inspections of limited liability company in the economy, the most common among domestic firms is chosen. Information on the most common form is obtained from incorporation â— Obtaining utility connections for water and lawyers or the statistical office. sewerage - Operates in the economy’s largest business city and the entire office space is â— Registering and selling the warehouse after its approximately 929 square meters (10,000 square feet). For 11 economies the data completion are also collected for the second largest business city. - Is 100% domestically owned and has five owners, none of whom is a legal entity; Time required to complete each procedure and has a start-up capital of 10 times income per capita and has a turnover of at (calendar days) least 100 times income per capita. â— Does not include time spent gathering information - Performs general industrial or commercial activities, such as the production or sale â— Each procedure starts on a separate day (2 of goods or services to the public. The business does not perform foreign trade procedures cannot start on the same day) activities and does not handle products subject to a special tax regime, for example, liquor or tobacco. It does not use heavily polluting production processes. â— Procedures fully completed online are recorded - Leases the commercial plant or offices and is not a proprietor of real estate and the as ½ day amount of the annual lease for the office space is equivalent to 1 times income per â— Procedure is considered completed once final capita. document is received - Does not qualify for investment incentives or any special benefits. â— No prior contact with officials - Has at least 10 and up to 50 employees one month after the commencement of operations, all of whom are domestic nationals. Cost required to complete each procedure (% of - Has a company deed 10 pages long. income per capita) The owners: â— Official costs only, no bribes â— No professional fees unless services required by - Have reached the legal age of majority. If there is no legal age of majority, they are law or commonly used in practice assumed to be 30 years old. - Are sane, competent, in good health and have no criminal record. Paid-in minimum capital (% of income per capita - Are married and the marriage is monogamous and registered with the authorities. â— Funds deposited in a bank or with third party - Where the answer differs according to the legal system applicable to the woman or before registration or up to 3 months after man in question (as may be the case in economies where there is legal plurality), the incorporation answer used will be the one that applies to the majority of the population. Page 5
Doing Business 2018 Netherlands Starting a Business - Netherlands Standardized Company Legal form Besloten Vennootschap (BV) Paid-in minimum capital requirement EUR 0 City Covered Amsterdam Indicator Netherlands OECD high Overall Best Performer income Procedure – Men (number) 4 4.9 1.00 (New Zealand) Time – Men (days) 3.5 8.5 0.50 (New Zealand) Cost – Men (% of income per capita) 4.4 3.1 0.00 (United Kingdom) Procedure – Women (number) 4 4.9 1.00 (New Zealand) Time – Women (days) 3.5 8.5 0.50 (New Zealand) Cost – Women (% of income per capita) 4.4 3.1 0.00 (United Kingdom) Paid-in min. capital (% of income per capita) 0.0 8.7 0.00 (113 Economies) Figure – Starting a Business in Netherlands and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 94.43: Belgium (Rank: 16) 94.28: Netherlands (Rank: 20) 93.28: France (Rank: 25) 93.15: Finland (Rank: 26) 92.50: Denmark (Rank: 34) 91.35: Regional Average (OECD high income) Note: The ranking of economies on the ease of starting a business is determined by sorting their distance to frontier scores for starting a business. These scores are the simple average of the distance to frontier scores for each of the component indicators. Page 6
Doing Business 2018 Netherlands Figure – Starting a Business in Netherlands – Procedure, Time and Cost Time (days) Cost (% of income per capita) 3.5 4.5 4 3 Cost (% of income per capita) 3.5 2.5 3 Time (days) 2 2.5 1.5 2 1.5 1 1 0.5 0.5 0 0 1 2 3 4 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 7
Doing Business 2018 Netherlands Details – Starting a Business in Netherlands – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Check the company name for appropriateness and validity Less than one day no charge Agency : Chamber of Commerce (online procedure) As of July 2011, the Chamber of Commerce no longer carries out trade names searches. However, parties themselves can carry out a check on trade names online on the Chamber of Commerce website for free. 2 Draft and sign the company’s deed of incorporation that is executed by a 1 day EUR 1,750 civil law notary Agency : Civil Notary Notary rates are negotiable and can be billed on the basis of an hourly rate, or a fixed fee. This varies between notaries. The deed can be signed in presence of the notary or by way of a written (private) power of attorney. 3 Register the company at the local Chamber of Commerce and obtain a 1 day EUR 50 registration number Agency : Chamber of Commerce The registration at the Chamber of Commerce can be done online or in person. If it is done online, it takes several hours to receive the registration number, and if the documents are filed in person, it takes 1 to 5 working days. Registration at the local Chamber of Commerce is mandatory. There is a registration fee of EUR 50. The payment of the fee can be done in cash, wire transfer and bank draft. Usually an invoice arrives by mail from the Chamber, and the preferred method of payment is by wire transfer. The registration process can be completed online if it is done through a notary; however, for registration applications completed through the Chamber of Commerce, the business owner will submit the required documents online and then physically go to the Chamber of Commerce in person for identification purposes. After incorporation of the company, the founders of the company are jointly and severally liable for each legal act performed during their management and which binds the company in the period between execution of the deed of incorporation and the registration at the Chamber of Commerce has been affected. Publication in the Netherlands Official Gazette (Staatscourant) of the first registration and certain subsequent registrations is required and will be made by the Chamber. Companies with more than 50 employees must have a properly constituted workers council. The workers council representatives are entitled to participate in discussions and give advice on important company matters. 4 Register with the local tax authorities and social security authorities 1 day no charge Agency : Local Tax Authority The registration form can be filed in a day but it will take 2 to 6 weeks for the tax office to provide the required tax numbers. For income tax, a separate registration form must be filed, which can also take 4 weeks. Takes place simultaneously with previous procedure. Page 8
Doing Business 2018 Netherlands 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 June 2017. 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. â— 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 â— Submitting all required notifications and receiving largest business city. For 11 economies the data are also collected for the second all necessary inspections largest business city. - Is 100% domestically and privately owned; has five owners, none of whom is a â— 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 â— 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) â— Does not include time spent gathering information The warehouse: â— Each procedure starts on a separate day— - Will be used for general storage activities, such as storage of books or stationery. though procedures that can be fully completed - Will have two stories, both above ground, with a total constructed area of online are an exception to this rule approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 â— Procedure is considered completed once final meters (9 feet, 10 inches) high and will be located on a land plot of approximately document is received 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the warehouse is valued at 50 times income per capita. â— No prior contact with officials - Will have complete architectural and technical plans prepared by a licensed Cost required to complete each procedure (% of architect. If preparation of the plans requires such steps as obtaining further income per capita) documentation or getting prior approvals from external agencies, these are counted as procedures. â— Official costs only, no bribes - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory requirements). Building quality control index (0-15) â— Sum of the scores of six component indices: The water and sewerage connections: â— Quality of building regulations (0-2) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there â— Quality control before construction (0-1) is no water delivery infrastructure in the economy, a borehole will be dug. If there is no sewerage infrastructure, a septic tank in the smallest size available will be â— Quality control during construction (0-3) installed or built. â— Quality control after construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average â— Liability and insurance regimes (0-2) wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of â— Professional certifications (0-4) 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 gallons) a day. - 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 2018 Netherlands Dealing with Construction Permits - Netherlands Standardized Company Estimated value of warehouse EUR 2,024,268.30 City Covered Amsterdam Indicator Netherlands OECD high Overall Best Performer income Procedures (number) 13 12.5 7.00 (Denmark) Time (days) 161 154.6 27.5 (Korea, Rep.) Cost (% of warehouse value) 3.7 1.6 0.10 (5 Economies) Building quality control index (0-15) 10.0 11.4 15.00 (3 Economies) Figure – Dealing with Construction Permits in Netherlands and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 86.79: Denmark (Rank: 1) 79.29: France (Rank: 18) 75.74: Finland (Rank: 37) 75.36: Belgium (Rank: 39) 75.14: Regional Average (OECD high income) 69.33: Netherlands (Rank: 76) Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their distance to frontier scores for dealing with construction permits. These scores are the simple average of the distance to frontier scores for each of the component indicators. Figure – Dealing with Construction Permits in Netherlands – Procedure, Time and Cost Time (days) Cost (% of income per capita) 160 3.5 140 3 Cost (% of income per capita) 120 2.5 Time (days) 100 2 80 1.5 60 1 40 20 0.5 0 0 1 *2 3 4 5 6 7 8 9 10 11 12 13 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 2018 Netherlands Figure – Dealing with Construction Permits in Netherlands and comparator economies – Measure of Quality 15 14.0 12.0 11.0 11.4 Index score 10.0 10.0 10 5 0 Netherlands Belgium Denmark Finland France OECD high income Details – Dealing with Construction Permits in Netherlands – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain report on the soil conditions from soil researching company 30 days EUR 9,650 Agency : Soil Researching Company The soil on which a building is to be constructed should not be contaminated. If a soil report is not available, soil testing must be conducted. The soil testing should be performed before requesting a building permit. 2 Hold a consultation with the municipal authorities 15 days no charge Agency : Municipality An appointment request is made online to meet with one of the building inspectors. The consultation is free of charge. While this appointment is not mandatory, it is advisable to check that all the requirements for the permit are met. They will also check whether the zoning plan allows for the construction of a warehouse in the proposed location. 3 Submit a request for a building permit to the Municipal Executive (Mayor 98 days EUR 64,574 and Aldermen) Agency : Municipal Executive (Mayor and Aldermen) As of October 1, 2010 an online system www.eherkenning.nl/ was implemented which allows uploading of all documents to request a building permit, as well as following up on the request. At the same time, several types of permits were combined into one General Environmental Law (Wet algemene bepalingen omgevingsrecht- Wabo). All different types of building permits (e.g., building permit, demolition permit, a permit to cut down trees, etc) are now combined into one environmental permit. The Municipality has 8 weeks to decide on the permit and another 6 weeks to finalize the permit. If the building does not fit into the zoning scheme, the procedure to obtain the permit will take 26 weeks. There are exceptions in particular cases for which the procedure takes 26 weeks: • Application for a specific fire-safe utilization of a building • Application for a building in which an enterprise is going to start with production processes that are harmful for the environment • Application for a building that does not fit into the zoning scheme • Application for a building permit concerning a renovation of a cultural heritage building 4 Notify Municipality if there is a heating installation 0.5 days no charge Agency : Municipality The notification is pursuant to the municipal heating regulations (Verordening Stookinstallaties). The regulations establish technical and environmental rules with which the installation should comply. 5 Notify building inspector two days before construction work begins 0.5 days no charge Agency : Building Inspection Department For each of the following activities, an independent notification is required: • The start of construction work, including excavations • The start of foundation activities • The start of soil consolidation activities Furthermore, the building inspection office should be notified at least one day before the start of concrete pouring. This inspection can be carried out on site. 6 Request and receive inspection at foundation stage 1 day no charge Agency : Building Inspection Department There are one or two inspections at the foundation stage. 7 Request and receive inspection at roof stage 1 day no charge Agency : Building Inspection Department There are one or two inspections at the roofing stage. Page 11
Doing Business 2018 Netherlands 8 Notify building inspector upon completion of work 0.5 days no charge Agency : Building Inspection Department If a permit is required for the use the building, the building inspector must be notified when part of the construction has been completed, such as when the connection to the sewer system has been made, or when all the work has been completed. Notification must be given upon completion of construction work in order to be granted a permit to use the property. If inspections show that the building has not been constructed in accordance with the building permit, an occupancy permit cannot be issued. 9 Notify Fire Department upon completion of work 0.5 days no charge Agency : Fire Department 10 Receive final inspection 1 day no charge Agency : Municipality 11 Request water connection 6 days no charge Agency : Vitens N.V. 12 Receive inspection for water services 1 day no charge Agency : Vitens N.V. 13 Pay and obtain water connection 21 days EUR 370 Agency : Vitens N.V. Takes place simultaneously with previous procedure. Page 12
Doing Business 2018 Netherlands Details – Dealing with Construction Permits in Netherlands – Measure of Quality Answer Score Building quality control index (0-15) 10.0 Quality of building regulations index (0-2) 2.0 How accessible are building laws and regulations in your economy? (0-1) Available online; 1.0 Free of charge. Which requirements for obtaining a building permit are clearly specified in the building List of required 1.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Required preapprovals. Quality control before construction index (0-1) 1.0 Which third-party entities are required by law to verify that the building plans are in Licensed 1.0 compliance with existing building regulations? (0-1) architect; Licensed engineer. Quality control during construction index (0-3) 3.0 What types of inspections (if any) are required by law to be carried out during construction? Inspections at 2.0 (0-2) various phases; Risk-based inspections. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 1.0 inspections are always done in practice. Quality control after construction index (0-3) 3.0 Is there a final inspection required by law to verify that the building was built in accordance Yes, final 2.0 with the approved plans and regulations? (0-2) inspection is done by government agency. Do legally mandated final inspections occur in practice? (0-1) Final inspection 1.0 always occurs in practice. Liability and insurance regimes index (0-2) 1.0 Which parties (if any) are held liable by law for structural flaws or problems in the building Architect or 1.0 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) engineer; Professional in charge of the supervision; Construction company. Which parties (if any) are required by law to obtain an insurance policy to cover possible No party is 0.0 structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance required by law or Decennial Insurance)? (0-1) to obtain insurance . Professional certifications index (0-4) 0.0 What are the qualification requirements for the professional responsible for verifying that the There are no 0.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) specific requirements. What are the qualification requirements for the professional who supervises the construction There are no 0.0 on the ground? (0-2) specific requirements. Page 13
Doing Business 2018 Netherlands 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 June 2017. 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) construction company, the warehouse project and the utility connections are used. â— Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances and permits â— Completing all required notifications and - Is a limited liability company (or its legal equivalent) and operates in the economy’s receiving all necessary inspections largest business city. For 11 economies the data are also collected for the second largest business city. â— Obtaining external installation works and possibly - Is 100% domestically and privately owned; has five owners, none of whom is a purchasing material for these works legal entity. Has a licensed architect and a licensed engineer, both registered with â— Concluding any necessary supply contract and the local association of architects or engineers. BuildCo is not assumed to have any obtaining final supply other employees who are technical or licensed experts, such as geological or topographical experts. Time required to complete each procedure - Owns the land on which the warehouse will be built and will sell the warehouse (calendar days) upon its completion. â— Is at least 1 calendar day The warehouse: â— Each procedure starts on a separate day â— 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 â— Reflects the time spent in practice, with little approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 follow-up and no prior contact with officials meters (9 feet, 10 inches) high and will be located on a land plot of approximately Cost required to complete each procedure (% of 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the income per capita) warehouse is valued at 50 times income per capita. - Will have complete architectural and technical plans prepared by a licensed â— Official costs only, no bribes architect. If preparation of the plans requires such steps as obtaining further â— Value added tax excluded documentation or getting prior approvals from external agencies, these are counted as procedures. The reliability of supply and transparency of - Will take 30 weeks to construct (excluding all delays due to administrative and tariffs index (0-8) regulatory requirements). â— Duration and frequency of power outages (0–3) The water and sewerage connections: â— Tools to monitor power outages (0–1) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there â— Tools to restore power supply (0–1) is no water delivery infrastructure in the economy, a borehole will be dug. If there is â— Regulatory monitoring of utilities’ performance no sewerage infrastructure, a septic tank in the smallest size available will be (0–1) installed or built. â— Financial deterrents limiting outages (0–1) - Will have an average water use of 662 liters (175 gallons) a day and an average wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of â— Transparency and accessibility of tariffs (0–1) 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 Price of electricity (cents per kilowatt-hour)* gallons) a day. - Will have a constant level of water demand and wastewater flow throughout the â— Price based on monthly bill for commercial year; will be 1 inch in diameter for the water connection and 4 inches in diameter for warehouse in case study the sewerage connection. *Note: Doing Business measures the price of electricity, but it is not included in the distance to frontier score nor the ranking on the ease of getting electricity. Page 14
Doing Business 2018 Netherlands Getting Electricity - Netherlands Standardized Company Price of electricity (US cents per kWh) 10.8 Name of utility Liander City Covered Amsterdam Indicator Netherlands OECD high Overall Best Performer income Procedures (number) 5 4.7 2 (United Arab Emirates) Time (days) 110 79.1 10 (United Arab Emirates) Cost (% of income per capita) 29.5 63.0 0.00 (Japan) Reliability of supply and transparency of tariff index (0-8) 8 7.4 8.00 (28 Economies) Figure – Getting Electricity in Netherlands and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 90.21: Denmark (Rank: 16) 88.97: Finland (Rank: 20) 85.89: France (Rank: 26) 84.44: Regional Average (OECD high income) 81.58: Netherlands (Rank: 52) 67.30: Belgium (Rank: 103) Note: The ranking of economies on the ease of getting electricity is determined by sorting their distance to frontier scores for getting electricity. These scores are the simple average of the distance to frontier scores for each of the component indicators. Page 15
Doing Business 2018 Netherlands Figure – Getting Electricity in Netherlands – Procedure, Time and Cost Time (days) Cost (% of income per capita) 35 100 30 Cost (% of income per capita) 80 25 Time (days) 20 60 15 40 10 20 5 0 0 1 *2 3 *4 *5 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Figure – Getting Electricity in Netherlands and comparator economies – Measure of Quality 8 8 8 8 8 7.4 7 7 6 Index score 5 4 3 2 1 0 Netherlands Belgium Denmark Finland France OECD high income Page 16
Doing Business 2018 Netherlands Details – Getting Electricity in Netherlands – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to Liander and receive quote 20 calendar days EUR 0 Agency : Liander Details: The customer can apply for an electricity connection with the utility, Liander, online at www.aansluitingen.nl, in person, by phone, mail or fax. The customer will need to attach the following documents to their application: location of building to public road and the exact location of the utility. The utility then prepares and calculate the connection fees. No inspection of the entire internal wiring is carried out during the process, but the electrician/electrical contractor, in charge of the internal wiring, will need to submit a notification to Liander stating the installation has been carried out according to the regulations. 2 Obtain external inspection by Liander 1 calendar day EUR 0 Agency : Liander If there are no maps for the area where the building is located and thus a site inspection is necessary, Liander will inspect the site to determine the specifics of the connection. The client does not need to be present during the inspection. 3 Obtain external works from Liander’s contractor 90 calendar days EUR 11,961 Agency : Liander Liander will sub-contract the works to a private firm. In this case, the works consist of laying out a cable from the warehouse to the closest supply source. A standard connection is a connection for a house or a small company with a length up to 25 meters. Connection fees are fixed and set by the ACM (Autoriteit Concument & Markt) and include the physical works for a connection up to 25 meters. Beyond the 25 meters additional costs apply, depending on the distance. Liander distinguishes between 3 categories of connections: households and small businesses (loads of up to 3 x 80 Ampere); large businesses and small industrial (between 3 x 80 Ampere and 2 MVA); large industrial (over 2 MVA). The assumed case fits into the second categor. Before the electricity can be turned on, the client will need to show the relevant agency (Liander) a copy of the supply contract. (Nowadays this is carried out by using electronic communication.) This is done during the execution of the works and therefore gives no additional delay of the process. 4 Sign contract with electricity supplier 7 calendar days EUR 0 Agency : Supplier In the Netherlands, the electricity market is free. Liander is a distributor of electricity, but not a provider. Therefore, in order to obtain electricity, the client will need to choose and sign a contract with one of many suppliers. 5 Obtain meter installation by meter company or Liander 7 calendar days EUR 0 Agency : Liander or meter company The customer can choose a meter company to install the meter for them, as for example Liander’s own meter department. Before the electricity can be turned on, the client will need to show the relevant agency (Liander) a copy of the supply contract. (Nowadays this is carried out by using electronic communication.) This is done during the execution of the works (procedure 3) and therefore gives no additional delay of the process Takes place simultaneously with previous procedure. Page 17
Doing Business 2018 Netherlands Details – Getting Electricity in Netherlands – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 8 Total duration and frequency of outages per customer a year (0-3) 3 System average interruption duration index (SAIDI) 0.6 System average interruption frequency index (SAIFI) 0.3 What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 0.1 Mechanisms for monitoring outages (0-1) 1 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of Yes supply? Financial deterrents aimed at limiting outages (0-1) 1 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages Yes exceed a certain cap? Communication of tariffs and tariff changes (0-1) 1 Are effective tariffs available online? Yes Link to the website, if available online https://www.consuwij zer.nl/energie Are customers notified of a change in tariff ahead of the billing cycle? Yes Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 18
Doing Business 2018 Netherlands 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 June 2017.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. â— 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). â— Registration procedures in the economy's largest - Are located in the periurban area of the economy’s largest business city. For 11 business citya. economies the data are also collected for the second largest business city. - Are 100% domestically and privately owned. â— 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. â— Does not include time spent gathering information - Is fully owned by the seller. â— Each procedure starts on a separate day - though - Has no mortgages attached and has been under the same ownership for the past procedures that can be fully completed online are 10 years. an exception to this rule - Is registered in the land registry or cadastre, or both, and is free of title disputes. â— Procedure is considered completed once final - Is located in a periurban commercial zone, and no rezoning is required. document is received - Consists of land and a building. The land area is 557.4 square meters (6,000 â— No prior contact with officials square feet). A two-story warehouse of 929 square meters (10,000 square feet) is located on the land. The warehouse is 10 years old, is in good condition, has no Cost required to complete each procedure (% of heating system and complies with all safety standards, building codes and legal property value) requirements. The property, consisting of land and building, will be transferred in its â— Official costs only (such as administrative fees, entirety. duties and taxes). - Will not be subject to renovations or additional construction following the purchase. - Has no trees, natural water sources, natural reserves or historical monuments of â— Value Added Tax, Capital Gains Tax and illicit any kind. payments are excluded - Will not be used for special purposes, and no special permits, such as for Quality of land administration index (0-30) residential use, industrial plants, waste storage or certain types of agricultural activities, are required. â— Reliability of infrastructure index (0-8) - Has no occupants, and no other party holds a legal interest in it. â— Transparency of information index (0–6) â— Geographic coverage index (0–8) â— Land dispute resolution index (0–8) â— Equal access to property rights index (-2–0) Page 19
Doing Business 2018 Netherlands Registering Property - Netherlands Standardized Company Property value EUR 2,024,268.30 City Covered Amsterdam Indicator Netherlands OECD high Overall Best Performer income Procedures (number) 5 4.6 1.00 (4 Economies) Time (days) 2.5 22.3 1.00 (3 Economies) Cost (% of property value) 6.1 4.2 0.00 (5 Economies) Quality of the land administration index (0-30) 28.5 22.7 29.00 (Singapore) Figure – Registering Property in Netherlands and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 89.88: Denmark (Rank: 11) 80.73: Finland (Rank: 27) 80.04: Netherlands (Rank: 30) 76.81: Regional Average (OECD high income) 60.69: France (Rank: 100) 51.40: Belgium (Rank: 138) Note: The ranking of economies on the ease of registering property is determined by sorting their distance to frontier scores for registering property. These scores are the simple average of the distance to frontier scores for each of the component indicators. Figure – Registering Property in Netherlands – Procedure, Time and Cost Time (days) Cost (% of income per capita) 2.5 7 6 Cost (% of income per capita) 2 5 Time (days) 1.5 4 3 1 2 0.5 1 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 20
Doing Business 2018 Netherlands Figure – Registering Property in Netherlands and comparator economies – Measure of Quality 30 28.5 26.5 24.5 24.0 25 22.5 22.7 Index score 20 15 10 5 0 Netherlands Belgium Denmark Finland France OECD high income Details – Registering Property in Netherlands – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Notary conducts a title search at the Land Registry Less than a day 1. Title search: Agency : Cadastre, Land Registry and Mapping Agency (online procedure; (disbursements, According to Dutch Civil Code it is mandatory to hire a civil law notary to perform the simultaneous with charged by the Land registration process of property in the Netherlands. The civil law notary will conduct a procedure 2) Registry): title search at the Land Registry to check for ownership and encumbrances before - EUR 2.4 per executing the deed. Art 84 Book 3 Civil Code states that for a legally valid transaction registered title; the seller should have the right to dispose, which is one of the major elements of a - EUR 2.4 per property right. For such transactions a notarial deed is compulsory ('authentic deed'); therefore the notary checks whether the seller is indeed the owner. It is mandatory in the cadastral map; professional rules of the National Association of Notaries. Notaries can consult the land - EUR 2.4 per register by an on-line system, called the Automatic Cadastral Registration (AKR), but cadastral extract (x2) only regarding some aspects. The deeds and other registered documents from 1998 (per cadastral parcel onward are online accessible. Since December 2009 all deeds are digitally available (first two extracts are deeds 1832). Extracts from the cadastral map showing the relevant properties are also required, one available online. To obtain all relevant information takes a few minutes. A notary can ask regarding the the Land Registry Office to find out the history and numbers of a parcel. If a cadastral ownership and one parcel has been changed (e.g. a parcel is divided in 2 new parcels), the parcel will be regarding the given a new, unique parcel number. The civil law notary then drafts the deed of transfer. mortgages and Some notaries charge by the hours of work they spend on the case, others charge as a attachments – even if percentage on the value of the property. An average fee is estimated between EUR 1,000 the property has no and 3,500. Preemption rights ('Voorkeursrecht') only applies in exceptional cases, for properties located in the Municipalities Preferential Rights Act ('Wet voorkeursrecht mortgages). gemeenten') or for ground leases (as opposed to freehold). 2. Notarial fee (inter alia including the work mentioned above under procedure 1): EUR 1,000-3,500 Final check: no cost Page 21
Doing Business 2018 Netherlands 2 Notary conducts a search on the representation of the parties Less than a day 1. Research Agency : Trade Register ('Kamer van Koophandel' - www.kvk.nl) (online procedure; regarding the For companies the notary must conduct an on-line research with the Trade Register with simultaneous with representation of the respect to specific information of the company (such as address, managing directors). procedure 1) buyer and purchaser: From July 1, 2012 all notaries are obliged to check addresses in the Dutch national online (disbursements, address database 'Basisadministratie Adressn en Gebouwen (BAG)'. The central database charged by the was designed to prevent individuals from using fake addresses. Chamber of Commerce) The articles of association cannot be checked on-line. The civil law notary can have these sent to him by mail or fax. It is to identify who is authorized to legally bind the company. - EUR 15 (hard copy), This procedure is mandated by the Manual that was adopted in May 2009 by the EUR 7.50 (soft copy) Association of Notaries (internal rules). The May 2009 Manual explains how to apply the and EUR 3.05 (online "August 2008 Law against Whitewashing and Financing of Terrorism" (referred to as the review) for annual "WWFT" law). Article 11 of the law is related to identifying and verifying the identity of accounts (of each people. In Section B of the Annex (page 3), the text refers to "article 4, para 2 of the company); Executive Decree to the Law", which states that "to identify companies registered in the - EUR 2.65 (online Netherlands, an extract from the trade registrar is a sufficient document." review) for names of legal representatives (of each company); " The notary will also check the Insolvency Registry, which is a public register held by the courts, in which everybody (including companies) who has been declared bankrupt can be found. He checks both buyer and seller at the time of signing the deed and the 2.Research regarding registration with the Land Registry. This is not mandatory but necessary to know whether the representation of seller or buyer do not have the right to dispose and to bind, because of registration in the the buyer and register. It is described in the professional rules of the National Association of Notaries. purchaser: (disbursements, This checking is done online at www.faillisementen.com. Only subscribers can access charged by the this site and the annual membership fees are 175 Euro. Online checking of insolvencies Chamber of can be done as well on http://insolventies.rechtspraak.nl which is part of the website of Commerce) the Dutch courts and checking this register is free of charge. - EUR 7.50 (hard copy) and EUR 2.65 (online review) for the articles of association (of each company); - EUR 15 (hard copy), EUR 7.50 (soft copy) and EUR 3.05 (online review) for an authenticated commercial extract (of each company); 3 Execution of the transfer deed Less than a day Transfer Tax: 6% of Agency : Civil law notary (online procedure) property value The notarial deed of transfer must be drawn up by a notary and signed by the latter and both parties. Before signing, a notary is required to investigate the title to the property and the seller’s power to dispose of it in the public registers. The notary must provide for a transfer free of mortgages and attachments, this requires the cooperation of third parties and the retrieval of information other than that provided by the Land Registry. The authorized persons will either have to appear before the notary or must have granted power of attorney. After the deed has been registered with the Land Registry Office, a civil law notary must carry out the post registration check in order to detect any potential change between the execution and the registration of the deed. As the evidence of the registration is sent by internet, just after the electronic submission following execution of the transfer deed, this check can be done immediately. 4 Registration of deed Less than a day - EUR 150 for regular Agency : Cadastre, Land Registry and Mapping Agency (online procedure) registration; EUR 126 Every notary deed must be registered with the Land Registry ('ingeschreven'). This can by semi automatic be done through the internet (the notary does not need to go to the land registry or registration; EUR 77 'kadaster'). for fully automatic The registration fee of the Land Registry depends on the way the deed is submitted to the registration Land Registry: Land Registry costs in 2014 amount to EUR 192.- for regular registration - EUR 2.40 for post- (= sending paper version of deed by mail), EUR 168 for semi automatic registration (= sending pdf-file of deed by email) and EUR 103.- for fully automatic registration (= registration check. sending data file with essentials of transfer only). Page 22
Doing Business 2018 Netherlands 5 Registration with Tax authority, Department Registration Less than a day Already paid in Agency : The Ministry of Finance, Tax authority, Department Registration (online procedure) Procedures 3 (www.belastingdienst.nl) Registration with the Ministry of Finance, Tax Authority, Department Registration is done online: www.belastingdienst.nl This is the official register of the Department Registration. Each notarial deed has to be registered within 10 days with the Tax Authority who checks the deed for taxable aspects. The transfer tax is paid to the civil law notary, who will pay this tax to the Tax Authorities after registration. The transfer tax is 6% or 2% of the total purchase price or the market value, whichever is higher. Also, or instead of transfer tax, sometimes VAT is applicable. It is 21% regarding property. This depends, inter alia, on the status of the property and the fact if the seller is a VAT- entrepreneur. They do not keep a copy but give a statement that the deed involved is checked on a certain date. The deed itself is then returned with that statement to the civil law notary. Takes place simultaneously with previous procedure. Page 23
Doing Business 2018 Netherlands Details – Registering Property in Netherlands – Measure of Quality Answer Score Quality of the land administration index (0-30) 28.5 Reliability of infrastructure index (0-8) 7.0 What is the institution in charge of immovable property registration? Kadaster In what format are the majority of title or deed records 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 checking for encumbrances (liens, mortgages, restrictions Yes 1.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Kadaster In what format are the majority of maps of land plots kept in the largest business city—in a Computer/Fully 2.0 paper format or in a computerized format (scanned or fully digital)? digital Is there an electronic database for recording boundaries, checking plans and providing Yes 1.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Single database 1.0 or mapping agency kept in a single database, in different but linked databases or in separate 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) 6.0 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 Yes, online 0.5 publicly available–and if so, how? Link for online access: www.kadaster.nl Is the applicable fee schedule for any property transaction at the agency in charge of Yes, online 0.5 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: http://www.kadast er.nl/web/artikel/d ownload/Tarieven -per-1-januari- 2016.htm Does the agency in charge of immovable property registration commit to delivering a legally Yes, online 0.5 binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Link for online access: https://www.kada ster.nl/kwaliteitsh andvest Is there a specific and separate mechanism for filing complaints about a problem that Yes 1.0 occurred at the agency in charge of immovable property registration? Contact information: https://www.kada ster.nl/web/artikel /klantenserviceart ikel/Bezwaren- en-klachten.htm Are there publicly available official statistics tracking the number of transactions at the Yes 0.5 immovable property registration agency? Number of property transfers in the largest business city in 2016: There were 214,793 property transfers in the Netherlands in 2016 Page 24
You can also read