Doing Business 2015 Rep DOM
Doing Business 2015 Rep DOM
Doing Business 2015 Rep DOM
Dominican Republic
Dominican Republic
Dominican Republic
CONTENTS
Introduction .................................................................................................................................. 4
The business environment .......................................................................................................... 6
Starting a business ..................................................................................................................... 16
Dealing with construction permits ........................................................................................... 24
Getting electricity ....................................................................................................................... 32
Registering property .................................................................................................................. 38
Getting credit .............................................................................................................................. 45
Protecting minority investors ................................................................................................... 52
Paying taxes ................................................................................................................................ 61
Trading across borders .............................................................................................................. 66
Enforcing contracts .................................................................................................................... 71
Resolving insolvency .................................................................................................................. 77
Labor market regulation ........................................................................................................... 80
Distance to frontier and ease of doing business ranking ...................................................... 87
Resources on the Doing Business website .............................................................................. 90
Dominican Republic
INTRODUCTION
Doing Business sheds light on how easy or difficult it is
for a local entrepreneur to open and run a small to
medium-size business when complying with relevant
regulations. It measures and tracks changes in
regulations affecting 11 areas in the life cycle of a
business: starting a business, dealing with construction
permits, getting electricity, registering property, getting
credit, protecting minority investors, paying taxes,
trading across borders, enforcing contracts, resolving
insolvency and labor market regulation.
In a series of annual reports Doing Business presents
quantitative indicators on business regulations and the
protection of property rights that can be compared
across 189 economies, from Afghanistan to Zimbabwe,
over time. The data set covers 47 economies in SubSaharan Africa, 32 in Latin America and the Caribbean, 25
in East Asia and the Pacific, 26 in Eastern Europe and
Central Asia, 20 in the Middle East and North Africa and
8 in South Asia, as well as 31 OECD high-income
economies. The indicators are used to analyze economic
outcomes and identify what reforms have worked, where
and why.
This economy profile presents the Doing Business
indicators for Dominican Republic. To allow useful
comparison, it also provides data for other selected
economies (comparator economies) for each indicator.
The data in this report are current as of June
Dominican Republic
Dominican Republic
ECONOMY OVERVIEW
Dominican Republic
Dominican Republic
Figure 1.2 How Dominican Republic and comparator economies rank on the ease of doing business
Note: The rankings are benchmarked to June 2014 and based on the average of each economys distance to frontier (DTF) scores
for the 10 topics included in this years aggregate ranking. The distance to frontier score benchmarks economies with respect to
regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economys
distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier.
For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities.
Source: Doing Business database.
Dominican Republic
Figure 1.4 Distance to frontier scores on Doing Business topics - Dominican Republic
(Scale: Score 0 center, Score 100 outer edge)
Note: The rankings are benchmarked to June 2014 and based on the average of each economys distance to frontier (DTF) scores
for the 10 topics included in this years aggregate ranking. The distance to frontier score benchmarks economies with respect to
regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economys
distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier.
For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities.
Source: Doing Business database.
Dominican Republic
10
Figure 1.5 How far has Dominican Republic come in the areas measured by Doing Business?
Note: The distance to frontier score shows how far on average an economy is from the best performance achieved by any economy on
each Doing Business indicator since 2010, except for getting credit, paying taxes, protecting minority investors and resolving insolvency
which had methodology changes in 2014 and thus are only comparable to 2013. The measure is normalized to range between 0 and 100,
with 100 representing the best performance (the frontier). See the data notes starting on page 114 of the Doing Business 2015 report for
more details on the distance to frontier score.
Source: Doing Business database.
11
Dominican Republic
Colombia DB2015
Jamaica DB2015
Mexico DB2015
Panama DB2015
105
84
188
20
67
38
48
81.60
81.37
86.13
33.48
94.13
88.85
91.93
91.17
Procedures (number)
7.0
7.0
8.0
12.0
2.0
6.0
5.0
6.0
Time (days)
19.5
19.5
11.0
97.0
15.0
6.3
6.0
6.0
16.9
17.3
7.5
246.7
6.0
18.6
6.4
0.8
Slovenia (0.0)
43.0
46.0
0.0
17.6
0.0
0.0
0.0
0.0
Dealing with
Construction Permits
(rank)
96
105
61
132
26
108
63
158
Dealing with
Construction Permits
(DTF Score)
70.88
69.01
76.45
64.42
83.17
68.43
75.97
56.28
Starting a Business
(rank)
Starting a Business (DTF
Score)
Dominican Republic
DB2014
113
Indicator
Haiti DB2015
Dominican Republic
DB2015
12
Panama DB2015
10.0
8.0
7.0
11.3
15.0
20.0
Time (days)
184.0
214.0
73.0
71.0
135.0
87.6
101.0
165.0
Singapore (26.0)
Cost (% of warehouse
value)
2.0
1.4
7.4
16.4
2.2
10.3
2.1
6.2
Qatar (0.0)*
Getting Electricity
(rank)
119
114
92
94
111
116
29
32
67.36
67.26
74.20
73.97
70.36
68.47
86.39
85.41
Procedures (number)
7.0
7.0
5.0
4.0
6.0
6.8
5.0
5.0
12 Economies (3.0)*
Time (days)
82.0
82.0
105.0
60.0
96.0
78.9
35.0
32.0
276.9
300.9
504.4
3,495.8
406.3
346.1
9.3
352.9
Japan (0.0)
Registering Property
(rank)
82
82
42
175
126
110
61
163
Georgia (1)
Registering Property
(DTF Score)
69.90
69.89
79.33
39.79
59.36
62.45
74.65
47.90
Georgia (99.88)
Procedures (number)
6.0
6.0
6.0
5.0
6.0
6.8
7.0
8.0
4 Economies (1.0)*
Time (days)
51.0
51.0
16.0
312.0
36.0
63.6
22.5
193.5
3 Economies (1.0)*
Cost (% of property
value)
3.7
3.7
2.0
7.1
9.5
5.1
2.4
0.9
4 Economies (0.0)*
89
86
171
12
12
17
45.00
45.00
95.00
10.00
80.00
80.00
75.00
85.00
12
10
10
3 Economies (12)*
Mexico DB2015
13.0
Jamaica DB2015
13.0
Haiti DB2015
Procedures (number)
Indicator
Colombia DB2015
Dominican Republic
DB2014
Dominican Republic
Dominican Republic
DB2015
13
Mexico DB2015
Panama DB2015
23 Economies (8)*
38.1
59.7
0.0
1.1
0.0
0.0
0.0
0.0
Portugal (100.0)
63.1
59.8
87.0
0.0
10.1
100.0
63.0
100.0
23 Economies (100.0)*
83
102
10
187
71
62
76
78
54.17
49.17
71.67
20.00
56.67
57.50
55.83
55.00
Extent of conflict of
interest regulation
index (0-10)
5.3
5.3
8.0
3.0
5.7
6.0
5.3
7.0
Singapore (9.3)*
Extent of shareholder
governance index (010)
5.5
4.5
6.3
1.0
5.7
5.5
5.8
4.0
France (7.8)*
Strength of minority
investor protection
index (0-10)
5.4
4.9
7.2
2.0
5.7
5.8
5.6
5.5
80
76
146
142
147
105
166
133
74.24
74.24
59.71
61.87
59.01
71.17
48.60
63.83
9.0
9.0
11.0
47.0
36.0
6.0
52.0
16.0
324.0
324.0
239.0
184.0
368.0
334.0
417.0
218.0
Luxembourg (55.0)
24
39
93
142
115
44
84
Singapore (1)
85.56
82.06
72.69
59.98
68.22
81.26
91.25
74.53
Singapore (96.47)
Protecting Minority
Investors (rank)
Protecting Minority
Investors (DTF Score)
Jamaica DB2015
Dominican Republic
DB2014
Depth of credit
information index (0-8)
Indicator
Dominican Republic
DB2015
Haiti DB2015
Dominican Republic
Colombia DB2015
14
Mexico DB2015
Panama DB2015
Ireland (2)*
8.0
8.0
14.0
28.0
20.0
12.0
10.0
15.0
5 Economies (6.0)*
1,040.0
1,040.0
2,355.0
1,200.0
1,580.0
1,499.3
665.0
1,300.0
Timor-Leste (410.0)
1,093.1
2,355.0
1,200.0
1,580.0
1,499.3
665.0
1,300.0
Jamaica DB2015
Dominican Republic
DB2014
Documents to export
(number)
Indicator
Dominican Republic
DB2015
Haiti DB2015
Dominican Republic
Colombia DB2015
(DTF Score)
Documents to import
(number)
Ireland (2)*
10.0
10.0
13.0
26.0
17.0
11.2
9.0
15.0
Singapore (4.0)
1,145.0
2,470.0
1,555.0
2,180.0
1,887.6
1,030.0
1,350.0
Singapore (440.0)
1,203.5
2,470.0
1,555.0
2,180.0
1,887.6
1,030.0
1,350.0
Enforcing Contracts
(rank)
73
73
168
89
117
57
84
92
Singapore (1)
Enforcing Contracts
(DTF Score)
61.87
61.87
37.66
58.28
53.74
64.61
58.87
58.03
Singapore (89.54)
Time (days)
460.0
460.0
1,288.0
530.0
655.0
388.9
686.0
620.0
Singapore (150.0)
Cost (% of claim)
40.9
40.9
47.9
42.6
45.6
30.9
38.0
25.6
Iceland (9.0)
Procedures (number)
34.0
34.0
33.0
35.0
35.0
36.8
32.0
39.0
Singapore (21.0)*
Resolving Insolvency
(rank)
158
160
30
189
59
27
132
Finland (1)
Resolving Insolvency
(DTF Score)
23.75
23.47
70.00
0.00
53.29
72.59
33.66
86.37
Finland (93.85)
15
Panama DB2015
Mexico DB2015
Jamaica DB2015
Haiti DB2015
Colombia DB2015
Dominican Republic
Dominican Republic
DB2014
Indicator
Dominican Republic
DB2015
1.7
no
practice
1.1
1.8
2.5
2.5
Ireland (0.4)
38.0
6.0
no
practice
18.0
18.0
25.0
8.0
Norway (1.0)
9.3
8.8
72.0
0.0
64.2
68.1
27.7
73.4
Japan (92.9)
Strength of insolvency
framework index (0-16)
6.0
6.0
10.0
no
practice
6.0
11.5
6.0
15.0
5 Economies (15.0)*
Time (years)
3.5
Cost (% of estate)
38.0
Outcome (0 as
piecemeal sale and 1 as
going concern)
Note: DB2014 rankings shown are not last years published rankings but comparable rankings for DB2014 that capture the effects of such
factors as data corrections and changes to the methodology. Trading across borders deflated and non-deflated values are identical in
DB2015 because it is defined as the base year for the deflator. The best performer on time for paying taxes is defined as the lowest time
recorded among all economies in the DB2015 sample that levy the 3 major taxes: profit tax, labor taxes and mandatory contributions, and
VAT or sales tax. If an economy has no laws or regulations covering a specific areafor example, insolvencyit receives a no practice
mark. Similarly, an economy receives a no practice or not possible mark if regulation exists but is never used in practice or if a
competing regulation prohibits such practice. Either way, a no practice mark puts the economy at the bottom of the ranking on the
relevant indicator.
* Two or more economies share the top ranking on this indicator. A number shown in place of an economys name indicates the number
of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website
(http://www.doingbusiness.org).
Source: Doing Business database.
Dominican Republic
STARTING A BUSINESS
Formal registration of companies has many
immediate benefits for the companies and for
business owners and employees. Legal entities can
outlive their founders. Resources are pooled as
several shareholders join forces to start a company.
Formally registered companies have access to
services and institutions from courts to banks as well
as to new markets. And their employees can benefit
from protections provided by the law. An additional
benefit comes with limited liability companies. These
limit the financial liability of company owners to their
investments, so personal assets of the owners are not
put at risk. Where governments make registration
easy, more entrepreneurs start businesses in the
formal sector, creating more good jobs and
generating more revenue for the government.
For the 11 economies with a population of more than 100 million, data for a second city have been added.
16
Dominican Republic
17
STARTING A BUSINESS
Where does the economy stand today?
What does it take to start a business in Dominican
Republic? According to data collected by Doing Business,
starting a business there requires 7.0 procedures, takes
19.5 days, costs 16.9% of income per capita and requires
paid-in minimum capital of 43.0% of income per capita
(figure 2.1). Most indicator sets refer to a case scenario in
Figure 2.1 What it takes to start a business in Dominican Republic Paid-in minimum capital (% of income per capita): 43.0
Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the
total time calculation. For more information on the methodology of the starting a business indicators, see the Doing Business
website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter.
Source: Doing Business database.
Dominican Republic
18
STARTING A BUSINESS
Globally, Dominican Republic stands at 113 in the
ranking of 189 economies on the ease of starting a
business (figure 2.2). The rankings for comparator
economies and the regional average ranking provide
Figure 2.2 How Dominican Republic and comparator economies rank on the ease of starting a
business
Dominican Republic
19
STARTING A BUSINESS
Economies around the world have taken steps making it
easier to start a businessstreamlining procedures by
setting up a one-stop shop, making procedures simpler
or faster by introducing technology and reducing or
eliminating minimum capital requirements. Many have
undertaken business registration reforms in stagesand
Table 2.1 How has Dominican Republic made starting a business easieror not?
By Doing Business report year from DB2010 to DB2015
DB year
Reform
DB2011
DB2012
Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports
for these years, available at http://www.doingbusiness.org.
Source: Doing Business database.
20
Dominican Republic
STARTING A BUSINESS
What are the details?
Underlying the indicators shown in this chapter for
Dominican Republic is a set of specific procedures
the bureaucratic and legal steps that an entrepreneur
must complete to incorporate and register a new
firm. These are identified by Doing Business through
collaboration with relevant local professionals and
the study of laws, regulations and publicly available
information on business entry in that economy.
Following is a detailed summary of those procedures,
along with the associated time and cost. These
procedures are those that apply to a company
matching
the
standard
assumptions
(the
standardized company) used by Doing Business in
collecting the data (see the section in this chapter on
what the indicators measure).
STANDARDIZED COMPANY
Legal form: Sociedad de Responsabilidad
Limitada (SRL)
Paid in minimum capital requirement: DOP
100,000
City: Santo Domingo
Start-up Capital: 10 times GNI per capita
Table 2.2 Summary of time, cost and procedures for starting a business in Dominican Republic No.
Procedure
Time to
complete
Cost to complete
Since December 31, 2012, the cost for publication was unified with the
(online procedure)
cost to check and purchase the companys name. This unification was
due to article 114 of the Law no. 20 00 and article 74 of the Decree Law
no. 326 06.
DOP 4755
10 days
included in
procedure 1
No.
21
Dominican Republic
Procedure
Time to
complete
Cost to complete
1% of the capital
5 days
DOP 10,800
No.
22
Dominican Republic
Procedure
Time to
complete
Cost to complete
2 days
no charge
2 days
DOP 500
of Associates;
- List of the distribution of each of the associates investment to the
company and their corresponding amounts of corporate quotas;
- Application Form for registration of Limited Liability Company, duly
completed and signed by the authorized manager or agent (must
attach original power of attorney, if applicable).
- Association Partnership Agreement;
- Receipt of payment of incorporation taxes;
- Photocopies of identity card;
- Copy of Business Name Registration issued by the National Office of
Industrial Property (ONAPI).
In December 2013, the Chamber of Commerce made company
registration available online at http://www.formalizate.gob.do/. This
electronic method of registration is not yet widely used in practice, but
it is available to business entrepreneurs in Santo Domingo.
Agency: Chamber of Commerce
Even in the case that the application for the National Taxpayers Registry
is made online, through the Internal Revenue Services webpage,
physical documents still need to be filed at the Internal Revenue
Service. Additionally, even if the incorporation is undertaken via the
virtual portal www.creatuempresa.gob.do, physical documents still need
to be filed both at the Mercantile Registry and the Internal Revenue
Service.
Agency: General Agency of Internal Revenue
No.
23
Dominican Republic
Procedure
Time to
complete
Cost to complete
The company shall registered and file the list of its employees at the
Social Security National Treasury (Tesorera Nacional de la Seguridad
Social, TNSS), a dependency of the main social security office (Consejo
Nacional de Seguridad Social, CNSS).
7
1 day
According to the Law 188-07 dated August 2007 the TNSS is under the (simultaneous with
previous
obligation of updating the above mentioned percentages. Under Law
procedure)
87-01, employers must register employees at the CNSS within 3 days of
hiring them or upon the start of business. This procedure can be done
online: http://www.tss.gov.do/ or at the Tesorera Nacional de la
Seguridad Social.
Agency: Social security office (Tesorera de la Seguridad Social)
no charge
24
Dominican Republic
The warehouse:
Dominican Republic
25
Figure 3.1 What it takes to comply with formalities to build a warehouse in Dominican Republic -
Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the
total time calculation. For more information on the methodology of the dealing with construction permits indicators, see the
Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the
end of this chapter.
Source: Doing Business database.
Dominican Republic
26
Figure 3.2 How Dominican Republic and comparator economies rank on the ease of dealing with construction
permits
Dominican Republic
27
Table 3.1 How has Dominican Republic made dealing with construction permits easieror not?
By Doing Business report year from DB2010 to DB2015
DB year
DB2015
Reform
The Dominican Republic made dealing with construction
permits more costly by increasing the building permit fees.
Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports
for these years, available at http://www.doingbusiness.org.
Source: Doing Business database.
28
Dominican Republic
BUILDING A WAREHOUSE
Estimated cost of
construction :
DOP 11,624,559
City :
Santo Domingo
Table 3.2 Summary of time, cost and procedures for dealing with construction permits in Dominican Republic
No.
Procedure
Time to
complete
Cost to complete
1 day
DOP 500
29
Dominican Republic
Procedure
Time to
complete
Cost to complete
15 days
DOP 6,000
21 days
DOP 97,545
1 day
no charge
90 days
DOP 96,629
30
Dominican Republic
Procedure
Time to
complete
Cost to complete
1 day
DOP 232
1 day
DOP 232
1 day
DOP 232
1 day
no charge
8
Agency: Ministry of Public Works and Communications
31
Dominican Republic
Procedure
Time to
complete
Cost to complete
1 day
no charge
45 days
DOP 25,632
1 day
no charge
5 days
DOP 1,160
10
12
Agency: Ministry of Public Works and Communications (Direccin de
Edificacin de la Secretara de Estado de Obras Pblicas)
13
32
Dominican Republic
GETTING ELECTRICITY
Access to reliable and affordable electricity is vital for
businesses. To counter weak electricity supply, many
firms in developing economies have to rely on selfsupply, often at a prohibitively high cost. Whether
electricity is reliably available or not, the first step for
a customer is always to gain access by obtaining a
connection.
What do the indicators cover?
Doing Business records all procedures required for a
local business to obtain a permanent electricity
connection and supply for a standardized warehouse,
as well as the time and cost to complete them. These
procedures include applications and contracts with
electricity utilities, clearances from other agencies
and the external and final connection works. 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. To make the
data comparable across economies, several
assumptions are used.
The warehouse:
Dominican Republic
33
GETTING ELECTRICITY
Where does the economy stand today?
What does it take to obtain a new electricity connection
in Dominican Republic? According to data collected by
Doing Business, getting electricity there requires 7.0
procedures, takes 82.0 days and costs 276.9% of income
per capita (figure 4.1).
Note: Time shown in the figure above may not reflect simultaneity of procedures. For more information on the methodology of the
getting electricity indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected
here, see the summary at the end of this chapter.
Source: Doing Business database.
Dominican Republic
34
GETTING ELECTRICITY
Globally, Dominican Republic stands at 119 in the
ranking of 189 economies on the ease of getting
electricity (figure 4.2). The rankings for comparator
economies and the regional average ranking provide
Figure 4.2 How Dominican Republic and comparator economies rank on the ease of getting electricity
35
Dominican Republic
GETTING ELECTRICITY
What are the details?
The indicators reported here for Dominican Republic are
based on a set of specific proceduresthe steps that an
entrepreneur must complete to get a warehouse
connected to electricity by the local distribution utility
identified by Doing Business. Data are collected from the
distribution utility, then completed and verified by
electricity regulatory agencies and independent
professionals such as electrical engineers, electrical
contractors and construction companies. The electricity
distribution utility surveyed is the one serving the area
(or areas) in which warehouses are located. If there is a
choice of distribution utilities, the one serving the largest
number
of
customers
is
selected.
EdeSur
City:
Santo Domingo
Table 4.2 Summary of time, cost and procedures for getting electricity in Dominican Republic No.
Procedure
Time to
complete
Cost to complete
DOP 2,500
Agency: EDESUR
7 calendar days
DOP 500,000
No.
36
Dominican Republic
Procedure
Time to
complete
Cost to complete
EDESUR comes to check that the works follow the approved plan and
raises observations to correct those works which do not follow the
approved plans. The client must request the inspection when he
considers everything is ready for interconnection. The first inspections do
not bear any cost, but EDESUR charges RD$ 500 for each inspection after 7 calendar days
the third one. EDESUR delivers a letter of approval (carta de Aceptacin
de la Obra).
DOP 0
Agency: Edesur
The interconnection estimate contains the cost that the client must pay
to EDESUR to carry out the interconnection works to the electricity
distribution network. The client must submit the final letter of approval
of EDESUR, two copies of the approved plans, a CD with the approved
plan in DWG, a letter of request of estimate and he has to pay a stamp
duty of RD$ 500.
7 calendar days
DOP 500
1 calendar day
DOP 5,000
15 calendar days
DOP 25,000
7 calendar days
DOP 110,735.16
Agency: Edesur
The client has to open a user account with EDESUR. The client has to
deposit an amount which is reimbursed at the cancelation of the
contract. The deposit equals twice the client's bill in RD$. That is
No.
37
Dominican Republic
Procedure
calculated on the basis of the capacity declared by the client or as a
percentage of the substation capacity which would go between 60 to
80%. Law 125-01 establishes a payment of monthly interest for the
deposit but this dispositions have not been implemented yet.
Agency: Edesur
Time to
complete
Cost to complete
38
Dominican Republic
REGISTERING PROPERTY
Ensuring formal property rights is fundamental.
Effective administration of land is part of that. If
formal property transfer is too costly or
complicated, formal titles might go informal again.
And where property is informal or poorly
administered, it has little chance of being accepted
as collateral for loanslimiting access to finance.
What do the indicators cover?
Doing Business records the full sequence of
procedures necessary for a business to purchase
property from another business and transfer the
property title to the buyers name. The transaction is
considered complete when it is opposable to third
parties and when the buyer can use the property,
use it as collateral for a bank loan or resell it. 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. To
make the data comparable across economies,
several assumptions about the parties to the
transaction, the property and the procedures are
used.
The parties (buyer and seller):
INDICATORS MEASURE
Procedures to legally transfer title on
immovable property (number)
Preregistration (for example, checking for liens,
notarizing sales agreement, paying property
transfer taxes)
Registration in the economys largest business
2
city
Postregistration (for example, filing title with
the municipality)
Time required to complete each procedure
(calendar days)
Does not include time spent gathering
information
Each procedure starts on a separate day.
Procedures that can be fully completed online
are recorded as day.
Procedure considered completed once final
document is received
No prior contact with officials
Cost required to complete each procedure
(% of property value)
Official costs only, no bribes
No value added or capital gains taxes included
Is registered in the land registry or cadastre, or both, and is free of title disputes.
For the 11 economies with a population of more than 100 million, data for a second city have been added.
Dominican Republic
39
REGISTERING PROPERTY
Where does the economy stand today?
What does it take to complete a property transfer in
Dominican Republic? According to data collected by
Doing Business, registering property there requires 6.0
procedures, takes 51.0 days and costs 3.7% of the
property value (figure 5.1).
Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the
total time calculation. For more information on the methodology of the registering property indicators, see the Doing Business
website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter.
Source: Doing Business database.
Dominican Republic
40
REGISTERING PROPERTY
Globally, Dominican Republic stands at 82 in the ranking
of 189 economies on the ease of registering property
(figure 5.2). The rankings for comparator economies and
Figure 5.2 How Dominican Republic and comparator economies rank on the ease of registering property
41
Dominican Republic
REGISTERING PROPERTY
What are the details?
The indicators reported here are based on a set of
specific proceduresthe steps that a buyer and seller
must complete to transfer the property to the buyers
nameidentified by Doing Business through
information collected from local property lawyers,
notaries and property registries. These procedures
are those that apply to a transaction matching the
standard assumptions used by Doing Business in
collecting the data (see the section in this chapter on
what the indicators cover).
Property value:
DOP 11,624,559
City:
Santo Domingo
Table 5.2 Summary of time, cost and procedures for registering property in Dominican??Republic
No.
Procedure
Time to
complete
Cost to complete
2 days
(simultaneous
with Procedure 1)
DOP 5,000
12,000
1 day
0.25 1% of the
property price
No.
42
Dominican Republic
Procedure
Time to
complete
Cost to complete
5 to 7 days
1 day
3% of property
value (transfer tax)
Obtain the appraisal of the property and the tax certificate at the
Direccin General de Impuestos Internos (Tax Authority)
The parties must request the valuation of the property for the payment
of the transfer tax. A certificate is also obtained at the DGI stating that
the real estate taxes are up to date.
Agency: Tax Authority (Direccin General de Impuestos Internos)
No.
43
Dominican Republic
Procedure
Time to
complete
Cost to complete
20 - 30 days
DOP 150
Buyer files the property transfer request before the Title Registrars
Office
When filing request for property registration before the Title Registrars
Office, stamp duties are paid. After all payments have been made and all
documents are ready, the buyer will apply for registration of the property
under his name at the Property Registry.
The registrar will analyze the documentation and, if everything is correct,
will register the property under the name of the buyer, issue a new
Certificate of Title in the name of the buyer, cancel the old Certificate
and will set the date for giving the new title to the buyer.
Because of the higher workload, this procedure takes longer in Santo
Domingo and Santiago than in other provinces. Registration can take at
the most up to 90-180 days in Santo Domingo and Santiago and 60-90
days in other provinces.
However, the new Ley de Registro de la Propiedad Inmobiliaria, passed
on March 2005 to replace the previous law from 1947, introduced
changes into the system seen up to now. The registrar has no more than
15 days to qualify the transfer.
No.
44
Dominican Republic
Procedure
Agency: Property Registry ("Oficina de Registro de Titulos")
Time to
complete
Cost to complete
45
Dominican Republic
GETTING CREDIT
Two types of frameworks can facilitate access to
credit and improve its allocation: credit information
systems and borrowers and lenders in collateral and
bankruptcy laws. Credit information systems enable
lenders rights to view a potential borrowers financial
history (positive or negative)valuable information to
consider when assessing risk. And they permit
borrowers to establish a good credit history that will
allow easier access to credit. Sound collateral laws
enable businesses to use their assets, especially
movable property, as security to generate capital
while strong creditors rights have been associated
with higher ratios of private sector credit to GDP.
What do the indicators cover?
Doing Business assesses the sharing of credit
information and the legal rights of borrowers and
lenders with respect to secured transactions through
2 sets of indicators. The depth of credit information
index measures rules and practices affecting the
coverage, scope and accessibility of credit
information available through a credit registry or a
credit bureau. The strength of legal rights index
measures whether certain features that facilitate
lending exist within the applicable collateral and
bankruptcy laws. Doing Business uses two case
scenarios, Case A and Case B, to determine the scope
of the secured transactions system, involving a
secured borrower and a secured lender and
examining legal restrictions on the use of movable
collateral (for more details on each case, see the Data
Notes section of the Doing Business 2015 report).
These scenarios assume that the borrower:
Has up to 50 employees.
For the legal rights index, 2 new points are added in Doing Business 2015 for new data collected to assess the overall legal framework for
secured transactions and the functioning of the collateral registry.
4
For the credit information index, 2 new points are added in Doing Business 2015 for new data collected on accessing borrowers credit
information online and availability of credit scores.
3
Dominican Republic
46
GETTING CREDIT
Where does the economy stand today?
How well do the credit information system and collateral
and bankruptcy laws in Dominican Republic facilitate
access to credit? The economy has a score of 8 on the
depth of credit information index and a score of 1 on the
strength of legal rights index (see the summary of
scoring at the end of this chapter for details). Higher
scores indicate more credit information and stronger
legal rights for borrowers and lenders.
Figure 6.1 How Dominican Republic and comparator economies rank on the ease of getting credit
Dominican Republic
47
GETTING CREDIT
One way to put an economys score on the getting credit
indicators into context is to see where the economy
stands in the distribution of scores across economies.
Figure 6.2 highlights the score on the strength of legal
Dominican Republic
48
GETTING CREDIT
When economies strengthen the legal rights of lenders
and borrowers under collateral and bankruptcy laws, and
increase the scope, coverage and accessibility of credit
Table 6.1 How has Dominican Republic made getting credit easieror not?
By Doing Business report year from DB2010 to DB2015
DB year
Reform
DB2015
Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports
for these years, available at http://www.doingbusiness.org.
Source: Doing Business database.
49
Dominican Republic
GETTING CREDIT
What are the details?
The getting credit indicators reported here for
Dominican Republic are based on detailed information
collected in that economy. The data on credit
information sharing are collected through a survey of a
credit registry and/or credit bureau (if one exists). To
construct the depth of credit information index, a score
of 1 is assigned for each of 8 features of the credit
registry or credit bureau (see summary of scoring below).
Index score: 1
Does an integrated or unified legal framework for secured transactions that extends to the
creation, publicity and enforcement of functional equivalents to security interests in movable
assets exist in the economy?
No
Does the law allow businesses to grant a non possessory security right in a single category of
movable assets, without requiring a specific description of collateral?
No
Does the law allow businesses to grant a non possessory security right in substantially all of
its assets, without requiring a specific description of collateral?
No
May a security right extend to future or after-acquired assets, and may it extend automatically
to the products, proceeds or replacements of the original assets?
No
Is a general description of debts and obligations permitted in collateral agreements; can all
types of debts and obligations be secured between parties; and can the collateral agreement
include a maximum amount for which the assets are encumbered?
Yes
Is a collateral registry in operation for both incorporated and non-incorporated entities, that
is unified geographically and by asset type, with an electronic database indexed by debtor's
name?
No
Does a notice-based collateral registry exist in which all functional equivalents can be
registered?
No
Does a modern collateral registry exist in which registrations, amendments, cancellations and
searches can be performed online by any interested third party?
No
Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor
defaults outside an insolvency procedure?
No
Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is
liquidated?
No
Are secured creditors subject to an automatic stay on enforcement when a debtor enters a
court-supervised reorganization procedure? Does the law protect secured creditors rights by
providing clear grounds for relief from the stay and/or sets a time limit for it?
No
50
Dominican Republic
Index score: 1
Does the law allow parties to agree on out of court enforcement at the time a security
interest is created? Does the law allow the secured creditor to sell the collateral through
public auction and private tender, as well as, for the secured creditor to keep the asset in
satisfaction of the debt?
No
Credit bureau
Credit registry
Index score: 8
Yes
Yes
Yes
Yes
Yes
No
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Are bureau or registry credit scores offered as a valueadded service to help banks and financial institutions
assess the creditworthiness of borrowers?
Yes
No
Note: Prior to Doing Business 2015, the depth of credit information index covered only the first 6 features listed above. An
economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or
covers less than 5% of the adult population, the total score on the depth of credit information index is 0.
Coverage
Number of firms
Number of individuals
Percent of total
Credit bureau
(% of adults)
Credit registry
(% of adults)
55,781
38,233
4,110,364
2,480,420
63.1
38.1
Dominican Republic
51
52
Dominican Republic
Dominican Republic
53
Dominican Republic
54
requirements?
Extent of disclosure index (0-10)
Dominican Republic
55
Dominican Republic
56
Dominican Republic
57
Dominican Republic
58
Table 7.1 How has Dominican Republic strengthened minority investor protectionsor not?
By Doing Business report year from DB2010 to DB2015
DB year
Reform
DB2010
DB2015
Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for
these years, available at http://www.doingbusiness.org.
Source: Doing Business database.
59
Dominican Republic
Table 7.2 Summary of scoring for the protecting minority investors indicators in Dominican Republic
Answer
Extent of disclosure index (0-10)
Which corporate body can provide legally sufficient
Board of directors excluding
approval for the Buyer-Seller transaction? (0-3)
interested members
Is disclosure by the interested director to the board of
Existence of a conflict without any
directors required? (0-2)
specifics
Is disclosure of the transaction in published periodic filings Disclosure on the transaction and
(annual reports) required? (0-2)
on the conflict of interest
Is immediate disclosure of the transaction to the public
No disclosure obligation
and/or shareholders required? (0-2)
Must an external body review the terms of the transaction
No
before it takes place? (0-1)
Extent of director liability index (0-10)
Can shareholders sue directly or derivatively for the damage
caused by the Buyer-Seller transaction to the company? (0Yes
1)
Can shareholders hold the interested director liable for the
Liable if negligent
damage caused by the transaction to the company? (0-2)
Can shareholders hold members of the approving body
liable for the damage cause by the transaction to the
Liable if negligent
company? (0-2)
Must the interested director pay damages for the harm
caused to the company upon a successful claim by a
Yes
shareholder plaintiff? (0-1)
Must the interested director repay profits made from the
transaction upon a successful claim by a shareholder
No
plaintiff? (0-1)
Can both fines and imprisonment be applied against the
No
interested indrector? (0-1)
Can a court void the transaction upon a successful claim by
Only in case of fraud or bad faith
a shareholder plaintiff? (0-2)
Ease of shareholder suits index (0-10)
Before filing suit, can shareholders owning 10% of the
companys share capital inspect the transaction documents?
No
(0-1)
Can the plaintiff obtain any documents from the defendant
Any relevant document
Score
5.0
2
1
2
0
0
4.0
1
1
1
0
0
0
7.0
0
3
60
Dominican Republic
No
Yes
Yes
Yes if successful
1
5.4
5.3
9.0
Yes
1.5
Yes
1.5
Yes
1.5
Yes
1.5
Yes
1.5
Yes
1.5
No
0
3.0
Yes
1.5
No
No
Yes
1.5
No
Yes
1.5
Yes
1.5
Yes
4.5
1.5
No
No
Yes
1.5
Yes
1.5
61
Dominican Republic
auditor?
Must audit reports be disclosed to the public?
Extent of shareholder governance index (0-10)
No
0
5.5
PAYING TAXES
Taxes are essential. The level of tax rates needs to be
carefully chosenand needless complexity in tax
rules avoided. Firms in economies that rank better
on the ease of paying taxes in the Doing Business
study tend to perceive both tax rates and tax
administration as less of an obstacle to business
according to the World Bank Enterprise Survey
research.
What do the indicators cover?
Using a case scenario, Doing Business measures the
taxes and mandatory contributions that a mediumsize company must pay in a given year as well as the
administrative burden of paying taxes and
contributions. This case scenario uses a set of
financial statements and assumptions about
transactions made over the year. Information is also
compiled on the frequency of filing and payments as
well as time taken to comply with tax laws. The
ranking of economies on the ease of paying taxes is
determined by sorting their distance to frontier
scores on the ease of paying taxes. These scores are
the simple average of the distance to frontier scores
for each of the component indicators, with a
threshold and a nonlinear transformation applied to
5
one of the component indicators, the total tax rate .
The financial statement variables have been updated
to be proportional to 2012 income per capita;
previously they were proportional to 2005 income
per capita. To make the data comparable across
economies, several assumptions are used.
in other waysfor example, through taxes on foreign companies, through taxes on sectors other than manufacturing or from natural resources (all
of which are outside the scope of the methodology). This years threshold is 26.1%.
Dominican Republic
62
PAYING TAXES
Where does the economy stand today?
What is the administrative burden of complying with
taxes in Dominican Republicand how much do firms
pay in taxes? On average, firms make 9.0 tax payments a
year, spend 324.0 hours a year filing, preparing and
paying taxes and pay total taxes amounting to 43.4% of
profit (see the summary at the end of this chapter for
details). Most indicator sets refer to a case scenario in
the largest business city of an economy, except for 11
economies for which the data are a population-weighted
Figure 8.1 How Dominican Republic and comparator economies rank on the ease of paying taxes
Dominican Republic
63
PAYING TAXES
Economies around the world have made paying taxes
faster and easier for businessessuch as by
consolidating filings, reducing the frequency of
payments or offering electronic filing and payment.
Many have lowered tax rates. Changes have brought
Table 8.1 How has Dominican Republic made paying taxes easieror not?
By Doing Business report year from DB2010 to DB2015
DB year
Reform
DB2013
Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports
for these years, available at http://www.doingbusiness.org.
Source: Doing Business database.
64
Dominican Republic
PAYING TAXES
What are the details?
The indicators reported here for Dominican Republic
are based on the taxes and contributions that would
be paid by a standardized case study company used
by Doing Business in collecting the data (see the
section in this chapter on what the indicators cover).
Tax practitioners are asked to review a set of financial
statements as well as a standardized list of
assumptions and transactions that the company
completed during its 2nd year of operation.
Respondents are asked how much taxes and
mandatory contributions the business must pay and
how these taxes are filed and paid.
Payments
(number)
Notes on
payments
Time
(hours)
online filing
82
29%
taxable
profit
23.7
online filing
80
7.1%
gross
salaries
15.6
online filing
1.3%
gross
salaries
1.5
online filing
1%
gross
salaries
1.1
1.1
online filing
0.15%
payments
via check
or
electronic
means
online filing
7.09%
gross
salaries
0.4
Vehicle tax
RD$ 2,500
fixed fee
Fuel tax
fuel
RD$ 6.3 per
consumpti
gallon
on
Tax or mandatory
contribution
65
Dominican Republic
Payments
(number)
Notes on
payments
Time
(hours)
paid jointly
3.04%
gross
salaries
withheld
paid jointly
2.87%
gross
salaries
withheld
online filing
162
18%
value
added
not
included
Totals
Source: Doing Business database.
9.0
324.0
43.4
66
Dominican Republic
The business:
Dominican Republic
67
Figure 9.1 How Dominican Republic and comparator economies rank on the ease of trading across borders
Dominican Republic
68
Table 9.1 How has Dominican Republic made trading across borders easieror not?
By Doing Business report year from DB2010 to DB2015
DB year
Reform
DB2015
Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports
for these years, available at http://www.doingbusiness.org.
Source: Doing Business database.
69
Dominican Republic
Table 9.2 Summary of predefined stages and documents for trading across borders in Dominican Republic
Stages to export
Time (days)
Cost (US$)
200
Documents preparation
215
300
325
Totals
1,040
Time (days)
Cost (US$)
200
Documents preparation
235
300
410
Totals
10
1,145
Stages to import
Dominican Republic
Documents to export
Bill of lading
Commercial Invoice
Customs export declaration
Pre-shipment inspection clean report of findings
Documents to import
Bill of lading
Cargo release order
Commercial invoice
Customs import declaration (Declaracin Unica
Aduanera)
Terminal handling receipts
70
71
Dominican Republic
ENFORCING CONTRACTS
Effective commercial dispute resolution has many
benefits. Courts are essential for entrepreneurs
because they interpret the rules of the market and
protect economic rights. Efficient and transparent
courts encourage new business relationships because
businesses know they can rely on the courts if a new
customer fails to pay. Speedy trials are essential for
small enterprises, which may lack the resources to
stay in business while awaiting the outcome of a long
court dispute.
What do the indicators cover?
Doing Business measures the efficiency of the judicial
system in resolving a commercial dispute before
local courts. Following the step-by-step evolution of
a standardized case study, it collects data relating to
the time, cost and procedural complexity of resolving
a commercial lawsuit. The ranking on the ease of
enforcing contracts is the simple average of the
percentile rankings on its component indicators:
procedures, time and cost.
The dispute in the case study involves the breach of a
sales contract between 2 domestic businesses. The
case study assumes that the court hears an expert on
the quality of the goods in dispute. This distinguishes
the case from simple debt enforcement. To make the
data comparable across economies, Doing Business
uses several assumptions about the case:
Dominican Republic
72
ENFORCING CONTRACTS
Where does the economy stand today?
How efficient is the process of resolving a commercial
dispute through the courts in Dominican Republic?
According to data collected by Doing Business, contract
enforcement takes 460.0 days, costs 40.9% of the value
of the claim and requires 34.0 procedures (see the
summary at the end of this chapter for details). Most
indicator sets refer to a case scenario in the largest
business city of an economy, except for 11 economies for
which the data are a population-weighted average of the
Figure 10.1 How Dominican Republic and comparator economies rank on the ease of enforcing contracts
73
Dominican Republic
ENFORCING CONTRACTS
What are the details?
The indicators reported here for Dominican Republic
are based on a set of specific procedural steps
required to resolve a standardized commercial
dispute through the courts (see the section in this
chapter on what the indicators cover). These
procedures, and the time and cost of completing
them, are identified through study of the codes of
civil procedure and other court regulations, as well
as through questionnaires completed by local
litigation lawyers (and, in a quarter of the economies
covered by Doing Business, by judges as well).
COURT NAME
Claim value:
DOP 434,353
Court name:
City:
Santo Domingo
Table 10.2 Summary of time, cost and procedures for enforcing a contract in Dominican Republic
Indicator
Dominican
Republic
Time (days)
460
737
20
320
Enforcement of judgment
120
Cost (% of claim)
40.9
25.0
7.5
8.4
Procedures (number)
34
34
34
30.6
40
No.
Dominican Republic
74
Procedures
Filing and service:
Plaintiff requests payment: Plaintiff or his lawyer asks Defendant orally or in writing to comply with the
contract.
A third person formally notifies Defendant: A third person formally notifies Defendant. A person other
than the Plaintiff or his lawyer, such as a notary public, formally notifies Defendant of Plaintiffs request for
payment.
Plaintiff files a summons and complaint: Plaintiff files a summons and complaint with the court (orally or
in writing).
Plaintiff pays court fees: Plaintiff pays court fees (e.g. court duties, stamp duties, or any other type of court
fees). Answer yes even if Plaintiff recovers these costs.
Registration of court case: Registration of court case by the court administration (this can include
assigning a reference number to the case).
Assignment of court case to a judge: Assignment of court case to a judge (through a random procedure,
automated system, ruling of an administrative judge, court officer, etc).
Arrangements for physical delivery of summons and complaint: Plaintiff takes the necessary steps to
arrange for physical service of process on Defendant (e.g. instructing a court officer or a private bailiff).
Attempt at physical delivery: An attempt to physically deliver summons and complaint to Defendant is
made.
Proof of service: Plaintiff submits proof of service to court, as required by law or standard practice.
Application for pre-judgment attachment: Plaintiff submits an application in writing for the attachment of
Defendant's property prior to judgment.
Decision on pre-judgment attachment: Judge decides whether to grant Plaintiffs request for prejudgment attachment of Defendants property and notifies Plaintiff and Defendant of the decision.
Pre-judgment attachment order: Defendant's property is attached prior to judgment. Attachment order
either involves physical attachment, or is achieved by freezing, registering, marking, or otherwise
separating and restricting Defendants movement of specific moveable assets.
Custody of assets attached prior to judgment: If physical attachment is ordered, Defendant's attached
assets are placed in the custody or control of an enforcement officer or private bailiff.
Trial and judgment:
Defendant files preliminary objections.: Defendant presents preliminary objections to the court.
(Preliminary exemptions differ from answers on the merits. Examples of preliminary motions are motions
to dismiss on the basis of the statute of limitations or jurisdictional objections, etc.) Checke
Dominican Republic
75
No.
Procedures
Plaintiffs answer to preliminary motions: Plaintiff responds to preliminary motions raised by Defendant.
Checked as yes if preliminary motions are commonly raised (step 30) and if Plaintiff responds to them
immediately.
Judges resolution on preliminary objections: Judge decides on preliminary objections separately from the
merits of the case. Checked as yes if preliminary objections are commonly made (step 30) and if judge
resolves the question before rendering his decision.
Defendant files an answer to Plaintiffs claim: Defendant files a written pleading which includes his answer
or defense on the merits of the case (see assumption 4).
10
Deadline for Plaintiff to reply to Defendant's defense or answer: Judge sets a deadline for Plaintiffs
submission of a reply to the Defendant's defense or answer.
11
Plaintiffs written reply to Defendant's answer: Plaintiff responds to Defendants answer with a written
pleading, which may or may not include witness statements or expert (witness) statements.
12
Filing of written submissions: Plaintiff and Defendant file written pleadings and submissions with the court
and transmit copies of the written pleadings or submissions to one another. The pleadings may or may
not include witness statements or expert (witness) statements.
Court appointment of independent expert: Judge appoints, either at the parties' request or at his own
initiative, an independent expert to decide whether the quality of the goods Plaintiff delivered to
Defendant is adequate. (see assumption 5-b).
Delivery of expert report by court-appointed expert: The independent expert, appointed by the court,
delivers his or her expert report to the court (see assumption 5-b).
13
Request for oral hearing or trial: Plaintiff lists the case for trial on the courts calendar or applies for the
date(s) for the oral hearing or trial.
Setting of date(s) for oral hearing or trial: Judge sets the date(s) for the oral hearing or trial.
14
Adjournments: Court proceedings are delayed because one or both parties request and obtain an
adjournment to prepare for the oral hearing or trial as a matter of common practice.
15
Oral hearing (prevalent in civil law): The parties argue the merits of the case at an oral hearing before the
judge. Witnesses and a court-appointed independent expert may be heard and questioned at the oral
hearing.
16
Adjournments: Court proceedings are delayed because one or both parties request and obtain an
adjournment during the oral hearing or trial, resulting in an additional or later trial or hearing date.
17
Notification of judgment in court: The parties are notified of the judgment at a court hearing.
18
19
Registration of judgment: The court office registers the judgment after receiving a written copy of the
judgment.
20
Court notification of availability of the written judgment: The court notifies the parties that the written
judgment is available at the courthouse.
Dominican Republic
No.
Procedures
21
Plaintiff receives a copy of the judgment: Plaintiff receives a copy of the written judgment which is 100%
in favor of Plaintiff (see assumption 6).
22
Defendant is formally notified of the judgment: Plaintiff or court formally notifies the Defendant of the
judgment. The appeal period starts to run from the day the Defendant is formally notified of the
judgment.
23
Appeal period: By law Defendant has the opportunity to appeal the judgment during a specified period.
Defendant decides not to appeal. Seller decides to start enforcing the judgment when the appeal period
ends (see assumption 8).
76
Enforcement of judgment:
*
Plaintiff hires a lawyer: Plaintiff hires a lawyer to enforce the judgment or continues to be represented by
a lawyer during the enforcement of judgment phase.
24
Plaintiff retains an enforcement agent to enforce the judgment.: Plaintiff retains the services of a court
enforcement officer such as a court bailiff or sheriff, or a private bailiff.
25
Plaintiff advances enforcement fees: Plaintiff pays the fees related to the enforcement of the judgment.
Plaintiffs request for physical enforcement: As Plaintiff commonly fears that Defendant might physically
resist the taking into custody of its previously attached movable assets, Plaintiff requests the judge or the
police authorities to obtain police assistance during the physical enforcement of the
26
Judge's order for physical enforcement: Judge orders the police to assist with the physical enforcement of
the attachment of Defendant's movable assets. Check as yes only if the pretrial order of attachment for
Defendants moveable assets does not ordinarily involve physical seizure of the as
27
Request to Defendant to comply voluntarily with judgment: Plaintiff, a court enforcement officer or a
private bailiff requests Defendant to voluntarily comply with the judgment.
28
Plaintiff identifies Defendant's assets for attachment: Plaintiff identifies Defendant's assets for attachment.
29
Creditor notification of intent to attach: A court enforcement officer or private bailiff notifies other
creditors of the intent to attach Defendant's goods.
30
Attachment: Defendants movable goods are attached (physically or by registering, marking or separating
assets).
31
Enforcement disputes before court: The enforcement of the judgment is delayed because Defendant
opposes aspects of the enforcement process before the judge.
32
Call for public auction: Judge calls a public auction by, for example, advertising or publication in the
newspapers.
33
Sale through public auction: The Defendants movable property is sold at public auction.
34
Reimbursement of Plaintiffs enforcement fees: Defendant reimburses Plaintiff's enforcement fees which
Plaintiff had advanced previously.
Dominican Republic
RESOLVING INSOLVENCY
A robust bankruptcy system functions as a filter,
ensuring the survival of economically efficient
companies and reallocating the resources of
inefficient ones. Fast and cheap insolvency
proceedings result in the speedy return of businesses
to normal operation and increase returns to
creditors. By improving the expectations of creditors
and debtors about the outcome of insolvency
proceedings, well-functioning insolvency systems can
facilitate access to finance, save more viable
businesses and thereby improve growth and
sustainability in the economy overall.
Court fees
Lawyers fees
Assessors and auctioneers fees
Other related fees
Outcome
Whether business continues operating as a
going concern or business assets are sold
piecemeal
Recovery rate for creditors
Measures the cents on the dollar recovered
by secured creditors
Outcome for the business (survival or not)
determines the maximum value that can be
recovered
Official costs of the insolvency proceedings
are deducted
Depreciation of furniture is taken into
account
Present value of debt recovered
Strength of insolvency framework index (016)
Sum of the scores of four component indices:
Commencement of proceedings index (0-3)
Management of debtors assets index (0-6)
Reorganization proceedings index (0-3)
Creditor participation index (0-4)
77
Dominican Republic
78
RESOLVING INSOLVENCY
Where does the economy stand today?
Combination of quality regulations and efficient practice
characterize the top-performing economies. How
efficient are insolvency proceedings in Dominican
Republic? According to data collected by Doing
Business, resolving insolvency takes 3.5 years on average
and costs 38.0% of the debtors estate, with the most
likely outcome being that the company will be sold as
piecemeal sale. The average recovery rate is 9.3 cents on
the dollar. Most indicator sets refer to a case scenario in
the largest business city of an economy, except for 11
economies for which the data are a population-weighted
average of the 2 largest business cities. See the chapter
on distance to frontier and ease of doing business
ranking at the end of this profile for more details.
Figure 11.1 How Dominican Republic and comparator economies rank on the ease of resolving insolvency
Dominican Republic
79
Dominican Republic
80
Dominican Republic
81
Dominican Republic
Data
Yes
No limit
No limit
295.71
0.40
83
Dominican Republic
Data
Yes
5.5
0%
100%
No
Yes
Paid annual leave for a worker with 1 year of tenure (in working days)
14.0
Paid annual leave for a worker with 5 years of tenure (in working days)
14.0
Paid annual leave for a worker with 10 years of tenure (in working days)
14.0
Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in
working days)
14.0
84
Dominican Republic
Data
3.0
Yes
No
No
No
No
No
No
No
85
Dominican Republic
Data
Notice period for redundancy dismissal for a worker with 1 year of tenure
4.0
Notice period for redundancy dismissal for a worker with 5 years of tenure
4.0
Notice period for redundancy dismissal for a worker with 10 years of tenure
4.0
Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years
of tenure)
4.0
Severance pay for redundancy dismissal for a worker with 1 year of tenure
3.8
Severance pay for redundancy dismissal for a worker with 5 years of tenure
20.9
Severance pay for redundancy dismissal for a worker with 10 years of tenure
41.8
Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years
of tenure)
22.2
Data
No
Yes
Yes
Dominican Republic
86
Dominican Republic
87
Distance to Frontier
The distance to frontier score captures the gap between
an economys performance and a measure of best
practice across the entire sample of 31 indicators for 10
Doing Business topics (the labor market regulation
indicators are excluded). For starting a business, for
example, Canada and New Zealand have the smallest
number of procedures required (1), and New Zealand the
shortest time to fulfill them (0.5 days). Slovenia has the
lowest cost (0.0), and Australia, Colombia and 110 other
economies have no paid-in minimum capital
requirement (table 15.1 in the Doing Business 2015
report).
Calculation of the distance to frontier score
Calculating the distance to frontier score for each
economy involves 2 main steps. First, individual
component indicators are normalized to a common unit
where each of the 31 component indicators y (except for
the total tax rate) is rescaled using the linear
transformation (worst y)/(worst frontier). In this
formulation the frontier represents the best performance
on the indicator across all economies since 2005 or the
third year after data for the indicator were collected for
the first time. For legal indicators such as those on
getting credit or protecting minority investors, the
frontier is set at the highest possible value. For the total
tax rate, consistent with the use of a threshold in
calculating the rankings on this indicator, the frontier is
88
Dominican Republic
City
Weight (%)
Dhaka
Chittagong
So Paulo
Rio de Janeiro
Shanghai
Beijing
Mumbai
Delhi
Jakarta
Surabaya
Tokyo
Osaka
Mexico City
Monterrey
Lagos
Kano
Karachi
Lahore
Moscow
St. Petersburg
New York
Los Angeles
78
22
61
39
55
45
47
53
78
22
65
35
83
17
77
23
65
35
70
30
60
40
Dominican Republic
89
Dominican Republic
90
Law library
Online collection of business laws and regulations
relating to business
http://www.doingbusiness.org/law-library
Contributors
More than 10,700 specialists in 189 economies who
participate in Doing Business
http://www.doingbusiness.org/contributors/doingbusiness
Entrepreneurship data
Data on business density (number of newly
registered companies per 1,000 working-age
people) for 139 economies
http://www.doingbusiness.org/data/exploretopics/ent
repreneurship
Distance to frontier
Data benchmarking 189 economies to the frontier
in regulatory practice
http://www.doingbusiness.org/data/distance-tofrontier
Information on good practices
Showing where the many good practices identified
by Doing Business have been adopted
http://www.doingbusiness.org/data/good-practice
Doing Business iPhone App
Doing Business at a Glancepresenting the full
report, rankings and highlights for each topic for
the iPhone, iPad and iPod touch
http://www.doingbusiness.org/specialfeatures/
iphone
Dominican Republic
91