San Marino Economy Profile - Doing Business 2020
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Doing Business 2020 San Marino Economy Profile of San Marino Doing Business 2020 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 postfiling 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 Employing workers Flexibility in employment regulation and redundancy cost Page 2
Doing Business 2020 San Marino 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 employing workers. Although Doing Business does not present rankings of economies on the employing workers 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 studies, which exhaustively cover business regulation and reform in different cities and regions within a nation. These studies 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 study, published in 2003, covered 5 indicator sets and 133 economies. This year’s study 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. To learn more about Doing Business please visit doingbusiness.org Page 3
Doing Business 2020 San Marino Ease of Doing Business in DB RANK DB SCORE Region Europe & Central Asia San Marino Income Category High income Population 33,785 92 64.2 City Covered San Marino Rankings on Doing Business topics - San Marino 20 26 47 81 92 92 102 106 152 162 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 Topic Scores 87.3 68.9 88.3 61.5 30.0 26.0 82.0 97.5 59.2 41.1 Starting a Business (rank) 92 Getting Credit (rank) 152 Trading across Borders (rank) 20 Score of starting a business (0-100) 87.3 Score of getting credit (0-100) 30.0 Score of trading across borders (0-100) 97.5 Procedures (number) 7 Strength of legal rights index (0-12) 1 Time to export Time (days) 11.5 Depth of credit information index (0-8) 5 Documentary compliance (hours) 1 Cost (number) 8.8 Credit registry coverage (% of adults) 92.6 Border compliance (hours) 0 Paid-in min. capital (% of income per capita) 0.0 Credit bureau coverage (% of adults) 0.0 Cost to export Documentary compliance (USD) 0 Dealing with Construction Permits (rank) 92 Protecting Minority Investors (rank) 162 Border compliance (USD) 0 Score of dealing with construction permits (0-100) 68.9 Score of protecting minority investors (0-100) 26.0 Time to export Procedures (number) 15 Extent of disclosure index (0-10) 3.0 Documentary compliance (hours) 3 Time (days) 145.5 Extent of director liability index (0-10) 2.0 Border compliance (hours) 4 Cost (% of warehouse value) 7.3 Ease of shareholder suits index (0-10) 8.0 Cost to export Building quality control index (0-15) 13.0 Extent of shareholder rights index (0-6) 0.0 Documentary compliance (USD) 100 Extent of ownership and control index (0-7) 0.0 Border compliance (USD) 50 Getting Electricity (rank) 26 Extent of corporate transparency index (0-7) 0.0 Score of getting electricity (0-100) 88.3 Enforcing Contracts (rank) 81 Procedures (number) 3 Paying Taxes (rank) 47 Score of enforcing contracts (0-100) 59.2 Time (days) 38 Score of paying taxes (0-100) 82.0 Time (days) 575 Cost (% of income per capita) 40.4 Payments (number per year) 18 Cost (% of claim value) 13.9 Reliability of supply and transparency of tariff index (0-8) 5 Time (hours per year) 52 Quality of judicial processes index (0-18) 5.5 Total tax and contribution rate (% of profit) 36.2 Registering Property (rank) 102 Postfiling index (0-100) 67.8 Resolving Insolvency (rank) 106 Score of registering property (0-100) 61.5 Score of resolving insolvency (0-100) 41.1 Procedures (number) 9 Recovery rate (cents on the dollar) 50.2 Time (days) 42.5 Time (years) 2.3 Cost (% of property value) 6.6 Cost (% of estate) 5.0 Quality of the land administration index (0-30) 23.0 Outcome (0 as piecemeal sale and 1 as going 0 concern) Strength of insolvency framework index (0-16) 4.5 Page 4
Doing Business 2020 San Marino 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 2019. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally start and formally operate a company To make the data comparable across economies, several assumptions about the business and the (number) 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 city -Is a limited liability company (or its legal equivalent). If there is more than one type of limited • Postregistration (for example, social security registration, liability company in the economy, the limited liability form most common among domestic firms is company seal) chosen. Information on the most common form is obtained from incorporation lawyers or the statistical office. • Obtaining approval from spouse to start a business or to leave -Operates in the economy’s largest business city. For 11 economies the data are also collected for the home to register the company the second largest business city. • Obtaining any gender specific document for company -Performs general industrial or commercial activities such as the production or sale to the public of registration and operation or national identification card goods or services. The business does not perform foreign trade activities and does not handle products subject to a special tax regime, for example, liquor or tobacco. It is not using heavily Time required to complete each procedure (calendar days) polluting production processes. • Does not include time spent gathering information -Does not qualify for investment incentives or any special benefits. -Is 100% domestically owned. • Each procedure starts on a separate day (2 procedures cannot -Has five business owners, none of whom is a legal entity. One business owner holds 30% of the start on the same day) company shares, two owners have 20% of shares each, and two owners have 15% of shares • Procedures fully completed online are recorded as ½ day each. -Is managed by one local director. • Procedure is considered completed once final document is -Has between 10 and 50 employees one month after the commencement of operations, all of them received domestic nationals. • No prior contact with officials -Has start-up capital of 10 times income per capita. -Has an estimated turnover of at least 100 times income per capita. Cost required to complete each procedure (% of income per -Leases the commercial plant or offices and is not a proprietor of real estate. capita) -Has an annual lease for the office space equivalent to one income per capita. • Official costs only, no bribes -Is in an office space of approximately 929 square meters (10,000 square feet). -Has a company deed that is 10 pages long. • No professional fees unless services required by law or commonly used in practice The owners: Paid-in minimum capital (% of income per capita) -Have reached the legal age of majority and are capable of making decisions as an adult. If there • Funds deposited in a bank or with third party before registration is no legal age of majority, they are assumed to be 30 years old. or up to 3 months after incorporation -Are in good health and have no criminal record. -Are married, the marriage is monogamous and registered with the authorities. -Where the answer differs according to the legal system applicable to the woman or man in question (as may be the case in economies where there is legal plurality), the answer used will be the one that applies to the majority of the population. Page 5
Doing Business 2020 San Marino Starting a Business - San Marino Standardized Company Legal form Limited Liability Company Paid-in minimum capital requirement No minimum City Covered San Marino Indicator San Marino Europe & Central OECD high Best Regulatory Asia income Performance Procedure – Men (number) 7 5.2 4.9 1 (2 Economies) Time – Men (days) 11.5 11.9 9.2 0.5 (New Zealand) Cost – Men (% of income per capita) 8.8 4.0 3.0 0.0 (2 Economies) Procedure – Women (number) 7 5.2 4.9 1 (2 Economies) Time – Women (days) 11.5 11.9 9.2 0.5 (New Zealand) Cost – Women (% of income per capita) 8.8 4.0 3.0 0.0 (2 Economies) Paid-in min. capital (% of income per capita) 0.0 0.7 7.6 0.0 (120 Economies) Figure – Starting a Business in San Marino – Score 64.7 88.9 95.6 100.0 Procedures Time Cost Paid-in min. capital Figure – Starting a Business in San Marino and comparator economies – Ranking and Score DB 2020 Starting a Business Score 0 100 96.0: Greece (Rank: 11) 92.0: Cyprus (Rank: 50) 90.5: Regional Average (Europe & Central Asia) 88.2: Malta (Rank: 86) 87.3: San Marino (Rank: 92) 86.8: Italy (Rank: 98) 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 2020 San Marino Figure – Starting a Business in San Marino – Procedure, Time and Cost Time (days) Cost (% of income per capita) 5 10 Cost (% of income per capita) 4 8 Time (days) 3 6 2 4 1 2 0 0 1 2 3 4 5 6 7 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 2020 San Marino Details – Starting a Business in San Marino – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Check for Company name 1 day no charge Agency : Office of Economic Activities (Ufficio Attività Economiche) A notary conducts a Company name search at the Office of Economic Activities (Ufficio Attività Economiche) to make sure there isn’t already a company registered with the same name. 2 Register Company Act at the Register office 1 day EUR 10 (stamp duty for Agency : Ufficio del Registro e delle Ipoteche – Segreteria di Stato per le Finanze e il Bilancio certificate of good The following documents (all self-certified) are provided to a notary: standing) + EUR 10 For legal entities: (stamp duty for certificate - certificate of good standing used to revoke the license) - certificate used to revoke the license + EUR 1,050 (notary fee Stamp duty of EUR 10 applies for every four pages. and stamp duty for companies act) + EUR 600 A notary then prepares two copies of the company act (EUR 1000 as notary fee + EUR 50 stamp (register tax) + EUR 350 duty, based on EUR 10 for every four pages and company act being 10 pages) and submits all the (judicial tax) documentation to the Ufficio del Registro e delle Ipoteche (Registry Office). 3 Register Company at the Office of Economic Activities (Ufficio Attività Economiche) 5 days EUR 70 Agency : Office of Economic Activities (Ufficio Attività Economiche) In order to obtain the registration in the Company Registry (Registro delle Società), the notary should physically deposit both documentation and relative request at the Office for Economic Activities (Ufficio Attività Economiche). Then, the registration procedure is handled by the Office for Economic Activities itself and communicated on the online platform at www.pa.sm 4 Obtain company title certificate 2 days EUR 50 Agency : Office of Economic Activities (Ufficio Attività Economiche) The notary, or his nominee, submits a written request by fax to the Office of Economic Activities (Ufficio Attività Economiche). After two days the certificate is issued and it can be picked up at the office. This certification confirms the status of the company, highlighting the name, the date and number of registration, the corporate bodies, the corporate purpose and the powers of directors under the articles of association. 5 Obtain operator code Less than one day no charge Agency : Office of Economic Activities (Ufficio Attività Economiche) (online procedure) The owner of the company needs to apply for a business license – phase 1. The request for Economic Operator Code must be made through the online portal called OPEC: www.pa.sm. The code is released directly from the program, pursuant to art. 22 of the Law March 31, 2014 n. 40, entered into force May 30, 2014. The procedure for the release of the Economic Operator Code consists of two steps: A) Code Request: specifying the reason for the request (the program provides a default selection of eligible reasons), free text in which to place more specific reasons; for individuals, it is necessary to specify the object for which the license will be required. The program checks compliance with: the subject of the practice (it cannot be an unfit person); that the company has not been put into liquidation; the applicant is the current administrator and that the company is not already in possession of an economic operator code B) confirms practice: the rescue of the file makes it permanent. 6 Obtain business license 1 day included in procedure 7 Agency : Office of Economic Activities (Ufficio Attività Economiche) The owner of the company needs to apply for a business license – phase 2. As of March 31, 2014 n. 40 (on May 30, 2014), the entrepreneur can now apply for the business license online through www.pa.sm. It will be necessary to scan and enclose the following documents in order to request the business license: 1. a business plan indicating the activities and structure of the company (if required), 2. a copy of the lease agreement of the registered office duly registered, 3. a certificate of habitability, 4. cadastral map of the office. The object of the license must be: lawful, possible, determined, consistent, referring to the actual activity that is going to be in place. Page 8
Doing Business 2020 San Marino 7 Pay business license tax 1 day EUR 1,700 Agency : Ufficio del Registro e delle Ipoteche – Segreteria di Stato per le Finanze e il Bilancio The costumer has to pay the business license tax at the Ufficio del Registro e delle Ipoteche – Segreteria di Stato per le Finanze e il Bilancio. Payment can be done in person at the office or online through www.pa.sm. Initial license costs EUR 1,700. After the first year, license is renewed annually at cost of EUR 650 for a limited liability company. Takes place simultaneously with previous procedure. Page 9
Doing Business 2020 San Marino 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 2019. See the methodology for more information What the indicators measure Case study assumptions Procedures to legally build a warehouse (number) To make the data comparable across economies, several assumptions about the construction company, the warehouse project and the utility connections are used. • Submitting all relevant documents and obtaining all necessary clearances, licenses, permits and certificates The construction company (BuildCo): • Submitting all required notifications and receiving all necessary - Is a limited liability company (or its legal equivalent) and operates in the economy’s largest inspections business city. For 11 economies the data are also collected for the second largest business city. • Obtaining utility connections for water and sewerage - Is 100% domestically and privately owned; has five owners, none of whom is a legal entity. Has a licensed architect and a licensed engineer, both registered with the local association of architects • Registering and selling the warehouse after its completion or engineers. BuildCo is not assumed to have any other employees who are technical or licensed Time required to complete each procedure (calendar days) experts, such as geological or topographical experts. - Owns the land on which the warehouse will be built and will sell the warehouse upon its • Does not include time spent gathering information completion. • Each procedure starts on a separate day—though procedures The warehouse: that can be fully completed online are an exception to this rule - Will be used for general storage activities, such as storage of books or stationery. • Procedure is considered completed once final document is received - Will have two stories, both above ground, with a total constructed area of approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 meters (9 feet, 10 inches) high and will be • No prior contact with officials located on a land plot of approximately 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the warehouse is valued at 50 times income per capita. Cost required to complete each procedure (% of income per - Will have complete architectural and technical plans prepared by a licensed architect. If capita) preparation of the plans requires such steps as obtaining further documentation or getting prior • Official costs only, no bribes approvals from external agencies, these are counted as procedures. - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory Building quality control index (0-15) requirements). • Quality of building regulations (0-2) The water and sewerage connections: • Quality control before construction (0-1) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there is no water • Quality control during construction (0-3) 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 installed or built. • Quality control after construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average wastewater flow • Liability and insurance regimes (0-2) of 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day and • Professional certifications (0-4) 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 10
Doing Business 2020 San Marino Dealing with Construction Permits - San Marino Standardized Warehouse Estimated value of warehouse EUR 2,178,555.60 City Covered San Marino Indicator San Marino Europe & Central OECD high Best Regulatory Asia income Performance Procedures (number) 15 16.2 12.7 None in 2018/19 Time (days) 145.5 170.1 152.3 None in 2018/19 Cost (% of warehouse value) 7.3 4.0 1.5 None in 2018/19 Building quality control index (0-15) 13.0 12.1 11.6 15.0 (6 Economies) Figure – Dealing with Construction Permits in San Marino – Score 60.0 65.6 63.4 86.7 Procedures Time Cost Building quality control index Figure – Dealing with Construction Permits in San Marino and comparator economies – Ranking and Score DB 2020 Dealing with Construction Permits Score 0 100 73.5: Malta (Rank: 57) 69.5: Greece (Rank: 86) 69.0: Regional Average (Europe & Central Asia) 68.9: San Marino (Rank: 92) 68.3: Italy (Rank: 97) 64.2: Cyprus (Rank: 125) 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. Page 11
Doing Business 2020 San Marino Figure – Dealing with Construction Permits in San Marino – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 6 140 5 Cost (% of warehouse value) 120 100 4 Time (days) 80 3 60 2 40 1 20 0 0 1 2 3 4 *5 *6 7 8 9 * 10 * 11 12 * 13 14 15 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 12
Doing Business 2020 San Marino Figure – Dealing with Construction Permits in San Marino and comparator economies – Measure of Quality 16 14.0 14 13.0 12.0 12.1 11.0 11.0 Index score 12 10 8 6 4 2 0 San Cyprus Greece Italy Malta Europe Marino & Central Asia Details – Dealing with Construction Permits in San Marino – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain map and proof of ownership 1 day EUR 23 Agency : Ufficio Tecnico del Catasto - Dipartimento Territorio e Ambiente BuildCo must obtain cadastral maps (accatastamento or allibramento) and proof of ownership (partita catastale) from the Ufficio Tecnico del Catasto - Dipartimento Territorio e Ambiente. 2 Obtain electrical system clearance 1 day EUR 50 Agency : Ufficio per l'Edilizia BuildCo obtains an Attestato di conformità del progetto alle norme energetiche vigenti" from the Ufficio per l'Edilizia. This is a clearance form that certifies that the electrical system is consistent with the existing construction regulations on electricity. 3 Hire an independent engineer for inspecting structural feasibility 1 day EUR 44,365 Agency : Private Engineer BuildCo needs to hire an independent engineer to attest that the structural project is consistent and can be implemented (Controllo Strutture). The engineer also checks if the structural project complies with anti-seismic standards. The hiring comes after the conformity from the two previous procedures, so it cannot be a simultaneous one. 4 Obtain the construction permit 90 days EUR 105,148 Agency : Ufficio per l'Edilizia BuildCo must file a request for the construction permit at the Ufficio per l'Edilizia. The following documentation needs to be attached to the request: - Project documents - Map (allibramento) - Proof of ownership (partite) - Relazione sulla fattibilita’ strutturale - Attestato di conformità del progetto alle norme energetiche vigenti When the request is processed, the Ufficio per l'Edilizia will notify BuildCo about the total cost for obtaining the permit. Once notified by the Ufficio Urbanistica of the amount due, BuildCo has to pay the Tassa di Concessione Edilizia. Once the hiring of an independent engineer happens, one can obtain a construction permit. It is not simultaneous. 5 Request and receive a structural authorization from the Servizio Controllo Strutture 40 days EUR 500 Agency : Servizio Controllo Strutture Buildco must submit a request for Structural Authorization at the Servizio Controllo Strutture. The following documents is need to be attached to the request: -Authorized architectural project -geological report -Structural design report -Executives structural drawings -receipt of payment of the fee (by bank transfer) 6 Obtain fire safety clearance 14 days no charge Agency : Protezione Civile BuildCo must obtain a fire safety clearance. In order to do so, BuildCo submits the project documentation to the Protezione Civile and obtains a Parere di conformità norme prevenzione incendi. This procedure can be simultaneous with the previous one. 7 Receive on-site inspection and obtain structural conformity certificate 3 days EUR 3,000 Agency : Private Engineer An independent engineer needs to be hired by BuildCo to carry out an inspection to test whether the structures built are in conformity with the structural project. The engineer sends the conformity certificate about 2 days after the inspection took place. This can only happen if the safety clearance is granted and the construction has started, therefore it is not a simultaneous procedure. Page 13
Doing Business 2020 San Marino 8 Receive on-site inspection and obtain energy performance certificate 3 days EUR 2,000 Agency : Private Engineer An engineer must be hired in order to carry out an inspection to test the energy performance of the structure. The engineer sends the certificate about 2 days after the inspection takes place. 9 Obtain certificate of conformity 20 days EUR 50 Agency : Ufficio per l'Edilizia When construction is completed, BuildCo must request a certificate of conformity and accessibility (Certificato di Conformita’ Edilizia ed Agibilita’, also called Abitabilita’) from the Ufficio per l'Edilizia. Request and receive on-site inspection from Protezione Civile 3 days no charge 10 Agency : Protezione Civile BuildCo must request an on-site inspection from the Protezione Civile to check that the building is consistent with the fire hazard provisions contained in the building project. A clearance certificate is available for pick up 2 days after the inspection. This means that this procedure can be simultaneous with the previous one. 11 Request and receive on-site inspection from Ufficio per l'Edilizia 3 days no charge Agency : Ufficio per l'Edilizia BuildCo must request an on-site inspection from the Ufficio per l'Edilizia to check that the building is consistent with the anti-seismic provisions contained in the building project. A clearance certificate is available for pick up 2 days after the inspection. Since this procedure is done after the construction is finalized, it can be a simultaneous procedure with the inspection described in the previous procedure. 12 Register the building 1 day EUR 3,000 Agency : Cadastre Office The independent engineer completes the documentation for the registration at the cadastre, and then must physically visit the office and provide the details of the new building. The cadastre then takes about 3 months to update the information in the system but the formal registration happens right away. The application costs EUR 10, and the rest of the fee is for the independent engineer. This happens only after the on-site inspection was done, so simultaneity is not applicable. Apply for water and sewage connection at AASS 0.5 days EUR 5 13 Agency : Stato per i Servizi Pubblici (A.A.S.S.) BuildCo must file an online application form on the website of Azienda Autonoma di Stato per i Servizi Pubblici (A.A.S.S.) in order to obtain an on-site inspection. The applicant submits the payment in the clients' area at: https://www.aass.sm/site/home.html 14 Receive inspection for water and sewage from AASS 5 days no charge Agency : Stato per i Servizi Pubblici (A.A.S.S.) This inspection is conducted only after the application is done, so it is not a simultaneous procedure. 15 Obtain water and sewage connection 20 days EUR 1,276 Agency : Stato per i Servizi Pubblici (A.A.S.S.) Obtaining the water and sewage connection depend on the inspection, therefore it cannot be a simultaneous procedure. Takes place simultaneously with previous procedure. Page 14
Doing Business 2020 San Marino Details – Dealing with Construction Permits in San Marino – Measure of Quality Answer Score Building quality control index (0-15) 13.0 Quality of building regulations index (0-2) 2.0 How accessible are building laws and regulations in your economy? (0-1) Available online; Free 1.0 of charge. Which requirements for obtaining a building permit are clearly specified in the building regulations or on any List of required 1.0 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 compliance with existing Licensed architect; 1.0 building regulations? (0-1) Licensed engineer. 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? (0-2) Inspections by 1.0 external engineer or firm; Unscheduled 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 with the approved Yes, final inspection 2.0 plans and regulations? (0-2) is done by government agency; Yes, external 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) 1.0 Which parties (if any) are held liable by law for structural flaws or problems in the building once it is in use Architect or engineer; 1.0 (Latent Defect Liability or Decennial Liability)? (0-1) Professional in charge of the supervision; Construction company. Which parties (if any) are required by law to obtain an insurance policy to cover possible structural flaws or No party is required 0.0 problems in the building once it is in use (Latent Defect Liability Insurance or Decennial Insurance)? (0-1) by law to obtain insurance . Professional certifications index (0-4) 4.0 What are the qualification requirements for the professional responsible for verifying that the architectural plans Minimum number of 2.0 or drawings are in compliance with existing building regulations? (0-2) years of experience; University degree in architecture or engineering; Being a registered architect or engineer. What are the qualification requirements for the professional who supervises the construction on the ground? (0- Minimum number of 2.0 2) years of experience; University degree in engineering, construction or construction management; Passing a certification exam. Page 15
Doing Business 2020 San Marino 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 2019. See the methodology for more information. What the indicators measure Case study assumptions Procedures to obtain an electricity connection (number) To make the data comparable across economies, several assumptions about the warehouse, the electricity connection and the monthly consumption are used. • Submitting all relevant documents and obtaining all necessary clearances and permits The warehouse: • Completing all required notifications and receiving all necessary - Is owned by a local entrepreneur and is used for storage of goods. inspections - Is located in the economy’s largest business city. For 11 economies the data are also collected for • Obtaining external installation works and possibly purchasing the second largest business city. material for these works - Is located in an area where similar warehouses are typically located and is in an area with no physical constraints. For example, the property is not near a railway. • Concluding any necessary supply contract and obtaining final - Is a new construction and is being connected to electricity for the first time. supply - Has two stories with a total surface area of approximately 1,300.6 square meters (14,000 square Time required to complete each procedure (calendar days) feet). The plot of land on which it is built is 929 square meters (10,000 square feet). • Is at least 1 calendar day The electricity connection: • Each procedure starts on a separate day - Is a permanent one with a three-phase, four-wire Y connection with a subscribed capacity of 140- • Does not include time spent gathering information kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 kilowatt (kW). - Has a length of 150 meters. The connection is to either the low- or medium-voltage distribution • Reflects the time spent in practice, with little follow-up and no network and is either overhead or underground, whichever is more common in the area where the prior contact with officials warehouse is located and requires works that involve 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 Cost required to complete each procedure (% of income per owners’ private property because the warehouse has access to a road. capita) - Does not require work to install the internal wiring of the warehouse. This has already been • Official costs only, no bribes completed up to and including the customer’s service panel or switchboard and the meter base. • Value added tax excluded The monthly consumption: The reliability of supply and transparency of tariffs index (0-8) - It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 p.m. (8 hours • Duration and frequency of power outages (0–3) a day), with equipment utilized at 80% of capacity on average and that there are no electricity cuts (assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours • Tools to monitor power outages (0–1) (kWh); hourly consumption is 112 kWh. • Tools to restore power supply (0–1) - If multiple electricity suppliers exist, the warehouse is served by the cheapest supplier. - Tariffs effective in January of the current year are used for calculation of the price of electricity for • Regulatory monitoring of utilities’ performance (0–1) the warehouse. Although January has 31 days, for calculation purposes only 30 days are used. • Financial deterrents limiting outages (0–1) • 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 in the ranking on the ease of getting electricity. Page 16
Doing Business 2020 San Marino Getting Electricity - San Marino Standardized Connection Name of utility AASS (Azienda Autonoma di Stato per i Servizi Publici) Price of electricity (US cents per kWh) 15.5 City Covered San Marino Indicator San Marino Europe & Central OECD high Best Regulatory Asia income Performance Procedures (number) 3 5.1 4.4 3 (28 Economies) Time (days) 38 99.6 74.8 18 (3 Economies) Cost (% of income per capita) 40.4 271.9 61.0 0.0 (3 Economies) Reliability of supply and transparency of tariff index (0-8) 5 6.2 7.4 8 (26 Economies) Figure – Getting Electricity in San Marino – Score 100.0 91.3 99.5 62.5 Reliability of supply and transparency of Procedures Time Cost tariff index Figure – Getting Electricity in San Marino and comparator economies – Ranking and Score DB 2020 Getting Electricity Score 0 100 88.3: San Marino (Rank: 26) 86.1: Italy (Rank: 38) 84.7: Greece (Rank: 40) 79.3: Malta (Rank: 73) 78.4: Cyprus (Rank: 75) 75.6: Regional Average (Europe & Central Asia) 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. Figure – Getting Electricity in San Marino – Procedure, Time and Cost Time (days) Cost (% of income per capita) 45 35 40 Cost (% of income per capita) 30 35 25 30 Time (days) 25 20 20 15 15 10 10 5 5 0 0 1 *2 3 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures Page 17
Doing Business 2020 San Marino reflected here, see the summary below. Figure – Getting Electricity in San Marino and comparator economies – Measure of Quality 9 8 8 7 7 7 6.2 Index score 6 6 5 5 4 3 2 1 0 San Cyprus Greece Italy Malta Europe Marino & Central Asia Page 18
Doing Business 2020 San Marino Details – Getting Electricity in San Marino – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to AASS and await estimate 3 calendar days EUR 0 Agency : AASS (Azienda Autonoma di Stato per i Servizi Publici) The request for new electricity connection can be done either on-line or physically at the premises of AASS. It must specify the technical details of the connection and some other things. The company must also attach a certificate of good standing (certificate di vigenza giuridica). 2 Receive site inspection by AASS engineer 1 calendar day EUR 0 Agency : AASS (Azienda Autonoma di Stato per i Servizi Publici) An engineer of AASS visits the client’s premises and conducts a short inspection to check where the closest connection point is, what connection it would be and if there is the need to occupy the public space. After the inspection, the utility (AASS) sends the client an estimate of the connection costs (preventivo) through fax and a letter. 3 Sign contract and await external works and meter installation by AASS 35 calendar days EUR 17,609.63 Agency : AASS (Azienda Autonoma di Stato per i Servizi Publici) After the reception of the estimate (preventivo), and in case the client already agrees with the amounts provided, AASS prepares the contract, which is signed at AASS’s premises as soon as the client can come to sign it and make the payment. There are 3 amounts that need to be paid. The client can pay cash, wire transfer or check at the moment the contract is signed. 1) Fixed amount: Contributto di allacciamento forfettario 2) Variable amount: Contributto di allacciamento a preventivo, which depends on the amount of works that need to be made. This amount comprises both the material costs as well as the labor costs of the works as well as general expenses. 3) Security deposit: Anticipo fornitura In addition, there are taxes imposed on the aggregated amounts: Marca di Bollo (10 Euros, always fixed amount taxed on public documents), and Imposto di Quietanza (which amounts to 1.5% of the total amount resulting from aggregating 1 and 2 and 3 above). AASS will take care of the permit to occupy the street and to do the underground works. This permit is the licenzia d’occupazione pubblica. As part of this phase, the meter is also installed, always outside the warehouse of the client. Takes place simultaneously with previous procedure. Page 19
Doing Business 2020 San Marino Details – Getting Electricity in San Marino – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 5 Total duration and frequency of outages per customer a year (0-3) 1 System average interruption duration index (SAIDI) 0.6 System average interruption frequency index (SAIFI) 4.7 What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 1.0 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 supply? Yes 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 exceed a certain cap? No Communication of tariffs and tariff changes (0-1) 1 Are effective tariffs available online? Yes Link to the website, if available online http://www.autoritaenergia .sm/on-line/home/atti-e- provvedimenti/tariffe/tariff e-aass.html 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 20
Doing Business 2020 San Marino 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 2019. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally transfer title on immovable property To make the data comparable across economies, several assumptions about the parties to the (number) transaction, the property and the procedures are used. • Preregistration procedures (for example, checking for liens, The parties (buyer and seller): notarizing sales agreement, paying property transfer taxes) - Are limited liability companies (or the legal equivalent). • Registration procedures in the economy's largest business city. - Are located in the periurban (that is, on the outskirts of the city but still within its official limits) • Postregistration procedures (for example, filling title with area of the economy’s largest business city. For 11 economies the data are also collected for the municipality) second largest business city. - Are 100% domestically and privately owned. Time required to complete each procedure (calendar days) - Perform general commercial activities. • Does not include time spent gathering information The property (fully owned by the seller): • Each procedure starts on a separate day - though procedures - Has a value of 50 times income per capita, which equals the sale price. that can be fully completed online are an exception to this rule - Is fully owned by the seller. • Procedure is considered completed once final document is - Has no mortgages attached and has been under the same ownership for the past 10 years. received - Is registered in the land registry or cadastre, or both, and is free of title disputes. • No prior contact with officials - Is located in a periurban commercial zone (that is, on the outskirts of the city but still within its official limits), and no rezoning is required. Cost required to complete each procedure (% of property - Consists of land and a building. The land area is 557.4 square meters (6,000 square feet). A two- value) 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 heating system and complies with all safety standards, • Official costs only (such as administrative fees, duties and building codes and legal requirements. The property, consisting of land and building, will be taxes). transferred in its entirety. • Value Added Tax, Capital Gains Tax and illicit payments are - Will not be subject to renovations or additional construction following the purchase. excluded - Has no trees, natural water sources, natural reserves or historical monuments of any kind. - Will not be used for special purposes, and no special permits, such as for residential use, Quality of land administration index (0-30) industrial plants, waste storage or certain types of agricultural activities, are required. - Has no occupants, and no other party holds a legal interest in it. • 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 21
Doing Business 2020 San Marino Registering Property - San Marino Indicator San Marino Europe & Central OECD high Best Regulatory Asia income Performance Procedures (number) 9 5.5 4.7 1 (5 Economies) Time (days) 42.5 20.8 23.6 1 (2 Economies) Cost (% of property value) 6.6 2.7 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 23.0 20.4 23.2 None in 2018/19 Figure – Registering Property in San Marino – Score 33.3 80.1 55.9 76.7 Procedures Time Cost Quality of the land administration index Figure – Registering Property in San Marino and comparator economies – Ranking and Score DB 2020 Registering Property Score 0 100 81.7: Italy (Rank: 26) 75.8: Regional Average (Europe & Central Asia) 67.9: Cyprus (Rank: 71) 61.5: San Marino (Rank: 102) 48.5: Malta (Rank: 152) 46.9: Greece (Rank: 156) 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. Page 22
Doing Business 2020 San Marino Figure – Registering Property in San Marino – Procedure, Time and Cost Time (days) Cost (% of property value) 7 40 6 35 Cost (% of property value) 30 5 Time (days) 25 4 20 3 15 2 10 1 5 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 23
Doing Business 2020 San Marino Figure – Registering Property in San Marino and comparator economies – Measure of Quality 30 26.5 25 23.0 23.0 20.4 Index score 20 15 12.5 10 4.5 5 0 San Cyprus Greece Italy Malta Europe Marino & Central Asia Details – Registering Property in San Marino – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Check for encumbrances on the property Less than one day, EUR 10; (EUR 5 for each Agency : Ufficio del Registro e delle Ipoteche – Segreteria di Stato per le Finanze e il Bilancio online cadastral title search + The notary accesses the Web Site: www.pa.sm, through a special registered password. The cost EUR 5 check for buyer's of Euro 5.00 is charged automatically via pre-paid to the notary account. The notary enters the leases) company name and COE number, in order to search real estate encumbrances and real estate leasing. it is possible to print the online title search of the company 2 Obtain cadastral maps 1 day EUR 22; (Partita catastale Agency : Ufficio Tecnico del Catasto- Dipartimento Territorio e Ambiente (Cadaster office) EUR 10 + Allibramento A notary or the customer obtains the following documentation on the property from the Cadaster catastale EUR 7 + Mappa office: (i) Partita catastale (EUR 10): a summary of the ownership and characteristics of the catastale EUR 5) property; (ii) Allibramento catastale (EUR 7): a plant of the building on the property; and (iii) Mappa catastale (EUR 5): a map of the property 3 Obtain certificates of use and habitability (abitabilita’) 1 day EUR 50; (Certificazione di Agency : Ufficio per l'Edilizia – Dipartimento Territorio e Ambiente destinazione urbanistica A notary or the customer obtains the following two certificates from the Ufficio Urbanistica – EUR 20 + Certificato di Dipartimento Territorio e Ambiente: Abitabilita EUR 30) (i) Certificazione di destinazione urbanistica (EUR 20): certifies the type of activity to be conducted in the property (retail, commercial, wholesale, industrial, etc.); (ii) Certificato di Abitabilita (EUR 30): certifies that the building respects mandatory construction standards. 4 Obtain occupational certificate 1 day EUR 50 Agency : Ufficio del Lavoro A notary or the customer obtains an occupational certificate (Certificato Occupazionale) attesting the number of employees that work for the buying company. This certificate must be attached necessarily to the instance to the Council of the Twelve (Consiglio dei Dodici) 5 Obtain certificate of Vigenza 1 day EUR 50 Agency : Ufficio Attovotù Economiche The notary, or his nominee, submits a written request by fax to the Commercial Chancellery, after one day the certificate is issued and it can be picked up at the office. This certification confirms the status of the company, highlighting the name, the date and number of registration, the corporate bodies, the corporate purpose and the powers of directors under the articles of association. 6 Obtain property transfer authorization from the Consiglio dei Dodici 24 days EUR 10 Agency : Segreteria Esecutiva del Congresso di Stato The request for authorization to the Council of the Twelve is presented by the Notary at the Executive Secretariat of the State Congress. The Council's approval is required for the purchase of real estate by the company pursuant to article 21, paragraph 7 of the Law 47/2006 et seq. The application must be accompanied by the following documents: (i) Certificate of Good Standing (obtained in Procedure 5); (ii) Occupational Certificate (obtained in Procedure 4); (iii) Cadastral Certificate of real estate of the applicant company (obtained in Procedure 2); (iv) Land Registry Record (Obtained in Procedure 1); (v) Cadastral Map (obtained in procedure 2); (vi) Allibramento (obtained in procedure 2); (viii) Urban destination Certificate (obtained in procedure 3); (ix) Certificate in accordance with Law 147 of 28 October 2005 (stating the fact that the property does not fall within the list of properties on which the "Ecc.ma Camera of San Marino" has the right to exercise pre-emption on the purchase), referring to the Property. The application shall contain a declaration of the notary certifying the existence of real estate leasing ongoing, publicly registered against the applicant company. After the Communication of the Secretariat of Institutional on January 26, 2016, the text of the instance must also state any previous authorizations of the Council of the Twelve to which is not actually followed the transfer of the property. Page 24
Doing Business 2020 San Marino 7 Obtain Certificate of conformity 10 days EUR 50; (EUR 30 + EUR Agency : Ufficio per l'Edilizia – Dipartimento Territorio e Ambiente 20 for stamp duty) A notary or the customer requests a certificate of conformity as per Article 79 of Law 140/2017. This certifies that there is no pending procedure on violations of construction laws and standards related to the warehouse being sold. In 10 days the certificate is sent to the notary. 8 Parties sign the transfer contract 1 day EUR 4,160; (Notary Fees Agency : Notary EUR 3.520 + 500 The buyer and the seller meet at the notary’s office and sign the property transfer contract. The Miscellaneous services of fees are subject to the limits set in the Legal tariff as Approved by the Executive Council of the the Notary + EUR 20 per Order of Lawyers and Notaries of San Marino, dated 01.06.2012 (in force since 01.06.2012). Rights of archive + EUR The notary then prepares 3 certified copies of the deed, including all attachments required (one 20 right of repository + copy for registration purposes; one copy for transcription; one for Land Registry use). EUR 40 euro for rights of "scritturazione" + EUR 60 for Stamps for three copies of the deed) 9 Register property transfer deed 3 days EUR 139,557.56; (5% for Agency : Ufficio del Registro e delle Ipoteche – Segreteria di Stato per le Finanze e il Bilancio register tax + 1% for A notary registers the property transfer deed at the Ufficio del Registro e delle Ipoteche – transcription + 0.4% for Segreteria di Stato per le Finanze e il Bilancio. Besides the transfer deed (and its certified copies), Cadastre + EUR 130 for the Notary has to provide the following documents: stamp duties) (i) Authorization of the Council of the Twelve (obtained in Procedure 6); (ii) Land Registry Record (obtained in Procedure 1); (iii) Cadastral Map (obtained in Procedure 2); (iv) Allibramento (obtained in Procedure 2); (v) Certificate of conformity in accordance with Article 79 of Law 140/2017. (vi) Energetic certification. The Notary goes to the Ufficio del Registro in order to register the deed and pay the transfer tax. The payment takes place at the Ufficio del Registro. After 3 days the deed is registered and the Ufficio del Registro submits the information to the Cadastre office that updates it. A tax of 3.90% for transfers of immovable property was introduced by Art. 18 of Law n. 146 of 19 September 2014 as an incentive to real estate transfers, instead of the ordinary tax of 6.40%. This favorable tax treatment was extended by art. 37 of Law 144/2016 until 31 December 2017. However, as of January 1, 2018, the ordinary tax of 6.40% (5% for register tax, 1% for transcription and 0.40% for Cadastre) became effective again. Takes place simultaneously with previous procedure. Page 25
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