Doing Business 2020 Czech Republic Economy Profile Czech Republic Page 1 Doing Business 2020 Czech Republic Economy Profile of Czech Republic 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 Czech Republic 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 Czech Republic Ease of Doing Business in DB RANK DB SCORE Region OECD high income Czech Republic Income Category High income 41 Population 10,625,695 76.3 City Covered Prague Rankings on Doing Business topics - Czech Republic 1 11 16 32 48 53 61 103 134 157 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 82.1 56.2 95.6 79.7 70.0 62.0 81.4 100.0 56.4 80.1 Starting a Business (rank) 134 Getting Credit (rank) 48 Trading across Borders (rank) 1 Score of starting a business (0-100) 82.1 Score of getting credit (0-100) 70.0 Score of trading across borders (0-100) 100 Procedures (number) 9 Strength of legal rights index (0-12) 7 Time to export Time (days) 24.5 Depth of credit information index (0-8) 7 Documentary compliance (hours) 1 Cost (number) 1.1 Credit registry coverage (% of adults) 7.3 Border compliance (hours) 0 Paid-in min. capital (% of income per capita) 0.0 Credit bureau coverage (% of adults) 81.1 Cost to export Documentary compliance (USD) 0 Dealing with Construction Permits (rank) 157 Protecting Minority Investors (rank) 61 Border compliance (USD) 0 Score of dealing with construction permits (0-100) 56.2 Score of protecting minority investors (0-100) 62.0 Time to export Procedures (number) 21 Extent of disclosure index (0-10) 2.0 Documentary compliance (hours) 1 Time (days) 246 Extent of director liability index (0-10) 6.0 Border compliance (hours) 0 Cost (% of warehouse value) 0.2 Ease of shareholder suits index (0-10) 9.0 Cost to export Building quality control index (0-15) 8.0 Extent of shareholder rights index (0-6) 5.0 Documentary compliance (USD) 0 Extent of ownership and control index (0-7) 5.0 Border compliance (USD) 0 Getting Electricity (rank) 11 Extent of corporate transparency index (0-7) 4.0 Score of getting electricity (0-100) 95.6 Enforcing Contracts (rank) 103 Procedures (number) 3 Paying Taxes (rank) 53 Score of enforcing contracts (0-100) 56.4 Time (days) 58 Score of paying taxes (0-100) 81.4 Time (days) 678 Cost (% of income per capita) 23.1 Payments (number per year) 8 Cost (% of claim value) 33.8 Reliability of supply and transparency of tariff index (0-8) 8 Time (hours per year) 230 Quality of judicial processes index (0-18) 9.5 Total tax and contribution rate (% of profit) 46.1 Registering Property (rank) 32 Postfiling index (0-100) 90.5 Resolving Insolvency (rank) 16 Score of registering property (0-100) 79.7 Score of resolving insolvency (0-100) 80.1 Procedures (number) 4 Recovery rate (cents on the dollar) 67.5 Time (days) 27.5 Time (years) 2.1 Cost (% of property value) 4.0 Cost (% of estate) 17.0 Quality of the land administration index (0-30) 25.0 Outcome (0 as piecemeal sale and 1 as going 1 concern) Strength of insolvency framework index (0-16) 14.0 Page 4 Doing Business 2020 Czech Republic 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 Czech Republic Starting a Business - Czech Republic Standardized Company Legal form Spolecnost s Rucenim Omezenym (SRO) Paid-in minimum capital requirement CZK 5 City Covered Prague Indicator Czech Republic OECD high income Best Regulatory Performance Procedure – Men (number) 9 4.9 1 (2 Economies) Time – Men (days) 24.5 9.2 0.5 (New Zealand) Cost – Men (% of income per capita) 1.1 3.0 0.0 (2 Economies) Procedure – Women (number) 9 4.9 1 (2 Economies) Time – Women (days) 24.5 9.2 0.5 (New Zealand) Cost – Women (% of income per capita) 1.1 3.0 0.0 (2 Economies) Paid-in min. capital (% of income per capita) 0.0 7.6 0.0 (120 Economies) Figure – Starting a Business in Czech Republic – Score 52.9 75.9 99.4 100.0 Procedures Time Cost Paid-in min. capital Figure – Starting a Business in Czech Republic and comparator economies – Ranking and Score DB 2020 Starting a Business Score 0 100 91.3: Regional Average (OECD high income) 88.2: Hungary (Rank: 87) 86.8: Italy (Rank: 98) 83.7: Germany (Rank: 125) 82.9: Poland (Rank: 128) 82.1: Czech Republic (Rank: 134) 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 Czech Republic Figure – Starting a Business in Czech Republic – Procedure, Time and Cost Time (days) Cost (% of income per capita) 0.45 0.4 Cost (% of income per capita) 20 0.35 0.3 Time (days) 15 0.25 0.2 10 0.15 5 0.1 0.05 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 7 Doing Business 2020 Czech Republic Details – Starting a Business in Czech Republic – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Check the uniqueness of the company's name Less than one day no charge Agency : Ministry of Justice (online procedure) Business founders can verify the uniqueness of their company's name on a database on the Ministry of Justice's Website (www.justice.cz). 2 Notarize Articles of Association and Lease Agreement 1 day See procedure details Agency : Public Notary The notary prepares the articles of association according to the founders' requirements, and the notary is responsible for the compliance of the contents of the company’s articles of association with Czech law. Certain notaries require the following documents before executing the articles of association: • An affidavit from the company managers. • Building lease agreement, or ownership extract from the Real Estate Register, for the premises of the company’s headquarters. For the articles of association of a simple limited liability company, the cost of notarization is CZK 2,000. In addition, if each founder wants their own original copy, then the cost is CZK 100 per page. Alternatively, instead of original copy a founder can ask for a certified copy and the cost would be 30 CZK per page. These costs are optional, and up to each founder to incur. The company must also certify its building lease agreement by a public notary. The cost to certify the lease agreement is CKZ 30 +21% VAT with a notary. 3 Obtain confirmation of the administrator of the capital contribution of the company, along 2 days no charge with the confirmation of the bank that the capital contribution is held in the company’s special bank account Agency : Bank Until the company is registered, the paid-in capital is typically blocked in the special bank account. Opening a special bank account can costs as much as CZK 5,000, though most banks open special accounts for free on the condition that the company will continue to bank with them after the incorporation. Banks typically require notarized articles of association to open a corporate bank account. 4 Register with the Trade Licensing Office and obtain extract of the trade license 2 days CZK 1000 Agency : Trade License Office The company must register its business activities with the Trade License Office to obtain an extract of its trade license. The required documents are as follows: • Application for registration; • memorandum of association if the company has been founded but not yet established (i.e. registered with the Commercial Register); • proof of legal use of premises (i.e. a notarized copy of the premises lease agreement); • proof of payment of the administrative fee. The application form may be accessed online at: http://www.rzp.cz/elpod.html The Trade License Office must complete the registration process within 5 working days from the day when all required documents were submitted, and typically does so in 1-2 days. After the completion of the registration process, the Trade License Office issues the excerpt of the trade license register which is either picked-up personally by the applicant at the Trade License Office, delivered by post mail, or delivered to an electronic data box. Page 8 Doing Business 2020 Czech Republic 5 Register in the Business Registry of the Regional Commercial Court through a notary 1 day CZK 1,300 for the notary Agency : Business (Commercial) Registry of the Regional Commercial Court fee about registration. To register a new company in the Commercial Register, an application must be submitted to the No court fee for simple relevant court administering the register. This can be done in person or through a notary. limited liability companies (CZK 2,700 registration Notaries are able to register a limited liability company's (s.r.o.) information into the commercial register online, at the cost of CZK 2700. The cost of notary services is about CSK 1300 for this fee at the court applies for procedure. other limited liability companies). Registering the business in person is more costly and takes more time. The registration has a cost of CZK 6000 paid in the form of stamps. The time limit for the court to decide on registration is 5 business days, which stretches to 7 calendar days in the event application is filed after Monday.This application must be completed on a standard form (accessed at: http://www.rzp.cz/elpod.html http://epodatelna.justice.cz/ePodatelna/epo1200new/technicke_parametry.jsp) and signed by all first directors of the company (or their proxy, if applicable) before a notary. The required documents are as follows: • application form; • notarized articles of association; • notarized lease of the premises in which company headquarters are located; • a confirmation from the administrator of the contributions into the company's registered capital confirming that each founder paid up at least 30% of his or her monetary capital contribution and that the total paid up capital contribution is at least CZK 1; • a confirmation from the relevant bank that the capital contributions are held in the company's special bank account for the registered capital; • biographic data on the company managers/executive. 6 Register for income tax and VAT 2-3 weeks no charge Agency : Tax Office The deadline for income tax registration is 15 days from the company incorporation. Other deadlines are as follows: • Withholding tax and payroll tax registration: 8 days; • VAT obligatory registration: 15 days following the end of month in which the conditions are met, or in certain cases, within 15 days following the date when the company automatically becomes a VAT payer; • VAT voluntary registration: submit the registration at any time. Upon submitting the application for income tax registration, the company receives a tax identification number (same number as for the VAT and the income tax). In accordance with Section 6(1) of Act No. 235/2004, on Value Added Tax, a company must register to pay VAT exceeds it its turnover exceeds CZK 1,000,000 over the last 12 months. Pursuant to the amendment to Section 72 (4) of the Tax Code, starting January 1, 2015 companies are required to submit tax registration and tax returns (for income tax and VAT) via the electronic data box. Previously online tax registration was not compulsory. The tax form is accessible online at: https://adisepo.mfcr.cz/adistc/adis/idpr_pub/dpr/uvod.faces 7 Register beneficial owners with the local registry court 1 day (simultaneous with CZK 1,000 Agency : Local court registry previous procedure) As of 1 January 2018, a limited liability company has to register its beneficial owner in the respective registration court. The application has to be filed with a specific form. It can either be submitted in electronic form, or it can be printed and sent to the Registry Court in paper form. After filling in and saving the form, the user also gets a unique identifier for the real owner. The completed form must be addressed to the local court of registry - in which district the registered entity is located. The court has a time limit of 5 business days for the registration. Until the end of year 2018, there was no administrative / court registration fee; however, since 2019 the registration for legal entities that are registered in the commercial register is subject to administrative registration fee of CZK 1,000. For other entities and trusts, the registration is free. More information is accessible through: https://issm,justice.cz/ 8 Register for social security 1 day (simultaneous with no charge Agency : Social Security Administration previous procedure) The company must register for the social security registration (which is referred to in Czech law as “the Register of Employers”) within 8 days of the date when the first employee starts work. Application for the Register of Employers may be submitted either online through a data box or in person. After the registration is completed, most of the further documents which are required by the Social Security administration may be submitted online through a data box or a different online platform. The application form is available on the following website: http://www.cssz.cz/cz/tiskopisy/nemocenske-pojisteni.htm Page 9 Doing Business 2020 Czech Republic 9 Register for health insurance 1 day (simultaneous with no charge Agency : Health Insurance companies previous procedure) The company must register for the health insurance registration within 8 days of the date when the first employee starts work. It is possible to do so online, although each health insurance company has its own website. Applications can be submitted through the data box, or in person. the most common (state-owned) Health Insurance Provide in the Czech Republic: http://www.vzp.cz/platci/tiskopisy/prihlaska-a-evidencni-list-zamestnavatele http://www.vzp.cz/platci/tiskopisy/hromadne-oznameni-zamestnavatele Takes place simultaneously with previous procedure. Page 10 Doing Business 2020 Czech Republic 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 11 Doing Business 2020 Czech Republic Dealing with Construction Permits - Czech Republic Standardized Warehouse Estimated value of warehouse CZK 23,628,092.70 City Covered Prague Indicator Czech Republic OECD high income Best Regulatory Performance Procedures (number) 21 12.7 None in 2018/19 Time (days) 246 152.3 None in 2018/19 Cost (% of warehouse value) 0.2 1.5 None in 2018/19 Building quality control index (0-15) 8.0 11.6 15.0 (6 Economies) Figure – Dealing with Construction Permits in Czech Republic – Score 36.0 36.6 98.9 53.3 Procedures Time Cost Building quality control index Figure – Dealing with Construction Permits in Czech Republic and comparator economies – Ranking and Score DB 2020 Dealing with Construction Permits Score 0 100 78.2: Germany (Rank: 30) 76.4: Poland (Rank: 39) 75.6: Regional Average (OECD high income) 68.3: Italy (Rank: 97) 67.0: Hungary (Rank: 108) 56.2: Czech Republic (Rank: 157) 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 12 Doing Business 2020 Czech Republic Figure – Dealing with Construction Permits in Czech Republic – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 0.09 0.08 Cost (% of warehouse value) 200 0.07 0.06 Time (days) 150 0.05 0.04 100 0.03 50 0.02 0.01 0 0 1 2 *3 *4 *5 *6 *7 8 9 * 10 * 11 * 12 * 13 14 15 * 16 * 17 18 19 20 21 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 13 Doing Business 2020 Czech Republic Figure – Dealing with Construction Permits in Czech Republic and comparator economies – Measure of Quality 14 13.0 11.6 12 11.0 9.5 10.0 Index score 10 8.0 8 6 4 2 0 Czech Germany Hungary Italy Poland OECD Republic high income Details – Dealing with Construction Permits in Czech Republic – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Hold a preliminary meeting with the Environmental Department 1 day no charge Agency : Environmental Department (Municipality of Prague) The Environmental Department encourages builders to meet with them before notifying them of the project. The department will provide them with all relevant information on how to complete the form and the type of information to be provided. This preliminary meeting has been implemented to reduce the back and forth between this department and the builders due to lack of information. 2 Obtain a preliminary clearance and technical conditions from the Public Health Office of 30 days no charge Prague Agency : Municipality of Prague (Public Health Office) The Public Health Office clearance is based on the preliminary project design drawings. This is mostly to assess the impact that noise and the construction itself can have on pubic health, if any. 3 Obtain a preliminary clearance and technical conditions from the local provider of water 30 days no charge and sewerage services Agency : Prazske Vodovody a Kanalizace, a.s. BuildCo must contact the water and sewerage utility in order to confirm that it is possible to build a new connection. Additionally, the utility must confirm BuildCo's proposed capacity for the connection. This confirmation is required in order to identify the connection points. Additionally, BuildCo receives the technical conditions for its project and these are used to design the connection. 4 Obtain a consent of the project from the Environmental Department of the Municipality 30 days no charge Agency : Municipality of Prague (Environmental Department ) The builder informs the Environmental Department that the project is a sub-limit construction by completing a specific form, which can be obtained online. This form can range from 1 to 60 pages, depending on the size of the project. The Doing Business case study is considered low risk and a small project. The department will assess the impact of this sub-limit construction and decide whether the request should be granted or not. It is not automatic that all sub-limit constructions do not require a full Environmental Impact Assessment. This notification will be sent to several departments (pollution, waste, arable land/forest if applicable) to make sure that this project will not have a negative impact on the environment. The statutory time limit is 15 days, but in reality the average time is around 30 days. By law, construction under 6000 sq.m. is considered sub-limit (Environmental Impact Assessment Act 100/2001). This is also a harmonization of the EU regulations. 5 Obtain a preliminary clearance and technical conditions from the local electricity provider 20 days no charge Agency : PREdistribuce, a.s. The local electricity provider clearance is based on the preliminary project design drawings. 6 Obtain a preliminary clearance and technical conditions from the Transport Office 20 days CZK 500 Agency : Municipality of Prague (Transport Office) This clearance is based on drawings from the preliminary project design. This procedure is required by law – it is for safety reasons. The Road and Management Agency will check that the builder is respecting all the requirements when connecting to the public road and will verify if the project will have an impact on traffic. Even if it is just a small connection to the public road, BuildCo will still require the clearance. The statutory time limit for completing this procedure is 30 days. The fee for obtaining a decision to connect the site to a first-class road is CZK 1,000.00. The fee for obtaining a decision to connect the site to a second- and third-class road or to a local road is CZK 500.00. 7 Obtain project clearance from Fire Department 10 days no charge Agency : Fire Department The Fire Department clearance is based on preliminary project design drawings. The statutory time limit for completing this procedure is 30 days. Page 14 Doing Business 2020 Czech Republic 8 Obtain zoning permit 60 days CZK 20,000 Agency : Municipality of Prague (Building Office) A zoning permit grants only the right to build the warehouse on a plot; it does not authorize construction. In order to obtain the location permit, BuildCo must submit the clearances of the preliminary project design by the various agencies. The zoning permit is valid for 2 years, and it is a prerequisite for construction and building permits. The statutory period for completing the procedure is 60 days. In particular, the District authority should take a maximum of 30 days to assess all the clearances and provide an opinion. Then there is a statutory time limit of 15 days for the participants to receive the opinion from the District authority. Since it is a registered mailed, if the person does not pick it up immediately at the post office , it will be considered received after 15 days, whether or not the person has the letter physically in their hands. Then, the participants ( such as the neighbors) have another 15 days time-limit to appeal this zoning opinion. If no appeal is received within these 15 days, then the zoning permit is considered final and indisputable. However, in more complicated cases that require oral proceedings or local investigations, the statutory period for completing the procedure is 90 days. The zoning permit must be issued for simple structures, installations, and maintenance. However, if a regulatory plan (a more specific document than the master plan) is issued for the area (location), this plan replaces the zoning permit within that area. The regulatory plan is procured and issued by the Local Authority. It determines the detailed conditions for the use of the grounds, for the location and spatial arrangement of structures, for the protection of area’s values and character, and for creating a favorable environment. 9 Obtain a clearance from the Public Health Office 30 days no charge Agency : Municipality of Prague (Public Health Office) BuildCo must contact the regional Public Health Office and request a review of the final project design. At this stage, the Public Health Office considers the compliance of the warehouse’s design with current regulation and technical conditions which were obtained with the previous clearance and project documentation. Obtain a clearance from the Transport Office 30 days no charge 10 Agency : Municipality of Prague (Transport Office) Technical conditions are based on project design drawings made by an authorized designer. 11 Obtain a clearance for the connection from local water and sewerage services 30 days no charge Agency : Prazske Vodovody a Kanalizace, a.s. Technical conditions are based on project design drawings made by an authorized designer. There is no statutory period for completion of the procedure. However, the service providers usually complete the procedure in 30 days. Obtain technical conditions from Fire Department 20 days no charge 12 Agency : Fire Department Technical conditions are based on project design drawings made by an authorized designer. The statutory period for completing the procedure is 30 days (Act. No. 500/2004 Coll., Code of Administrative Procedure, and Act No. 183/2006 Coll., Building Act). In practice, it usually takes 20 days. Obtain technical conditions from local electricity provider 20 days no charge 13 Agency : Prazska Energetika, a.s. Technical conditions are based on project design drawings made by an authorized designer. The statutory time limit is 30 days, but in practice it can be done within 20 days. Page 15 Doing Business 2020 Czech Republic 14 Obtain building permit 37 days CZK 10,000 Agency : Municipality of Prague (Building Office) The company must submit to the municipal authority the documents specified in the preceding procedures, project design drawings made by an authorized designer, and additional documents requested by the building authority. The building permit is valid for 2 years. Under the new Building Act (2006), the land planning and the building permit applications can now be submitted simultaneously. Under the new code, the investor may apply for both the land planning permit and the building permit applications, simultaneously, on condition that the regulatory plan for the area was approved. The regulatory plan is procured and issued by the local authority and determines the detailed conditions for the use of the grounds, for the structural location and spatial arrangement, for protection of the area’s values and character, and for creating a favorable environment. Most local authorities in the Prague area have already approved a regulatory plan. Thus, in practice, the planning and building permit applications can now be submitted simultaneously. As stated in the Czech Building Act (No. 183/2006, Coll. Section 78), pursuant to the rules of administrative procedure, the building office may merge the planning permission proceedings with the building permit proceedings, if the conditions within the area are clear, especially if there is an approved regulatory plan for the area. The building permit application must include, in triplicate : • Documents proving the right of ownership • Design drawings and an accompanying technical summary report, and situation of the building • Construction schedule for inspections • An estimate of the cost of the building • Any binding opinion or decisions by the authorities or other documents required by specific legislation • The opinion of the owners of public transport and technical infrastructure of the possible methods of connection, or the conditions of the trade and safety zones 15 Request and receive water and sewerage connection with "Prazske Vodovody a 30 days CZK 5,500 Kanalizace" Agency : Prazske Vodovody a Kanalizace, a.s. The request is made to the local water and sewerage provider. The costs for establishing a (completely new) water connection is about CZK 2,500.00 – CZK 3,000.00 per sq. m. for the excavation works (depending on the surface material), plus the cost of the actual placing of the new water conduct and coverage of the hole, (together, about CZK 4,500.00 per sq. m.). The costs of establishing a new sewerage connection are based on the same criteria, and they can vary substantially, based on the relevant circumstances (surface material, depth). The costs for establishing the new water connection depends on the time and the number of workers needed. The price is about CZK 2,200.00 plus VAT (21%), calculated on an hourly basis for two workers. It is assumed this would take 5 -- 6 hours. For the excavation work, a company is responsible for being in contractual relation with the Prague Water Supply and Sewerage Company (Prazske vodovody a kanalizace). The fee for the water and sewerage connection varies, by service provider. However, the approximate cost is about CZK 1,200.00. The cost stated above probably includes the cost for constructing the water and sewerage connection. However, when constructing a warehouse, the constructor also builds a water and sewerage connection. Request private geodesic to survey the land after building is constructed 30 days CZK 15,000 16 Agency : Authorized Geodesist An authorized engineer/geodesist will survey the land and draw a new map showing the building and its position on the land. Request final inspection and occupancy permit 1 day CZK 1,000 17 Agency : Municipality of Prague (Building Office) To obtain the occupancy permit the builder provides the authorities with the design sketches, as well as the binding opinion of the authorities as required by specific legislation. The final inspection will be scheduled within 15 days of the application. Under the Building Act (No. 183/2006 Coll.), effective January 1, 2007, certain buildings that are not used by the public can be used on the basis of a simple occupancy notification, indicating that the investor intends to start occupying it, 30 days in advance. Since the warehouse is used for industry, however, the occupancy permit would likely be required. 18 Receive final inspection 1 day no charge Agency : Municipality of Prague (Building Office) The Building Office is responsible for organizing the final inspection of the building. This inspection will be attended by the representative of the Building Office together with representatives from the Public Health Office and the Fire Department. Revision tests and compliance with technical conditions of the new water and sewerage connection will be reviewed, too. All parties must clear the warehouse which enables the Building Office to issue the occupancy permit. Page 16 Doing Business 2020 Czech Republic 19 Receive occupancy permit 15 days no charge Agency : Municipality of Prague (Building Office) Consent is issued on the basis of final inspection during which the building authority examines whether the building was carried out in accordance with the decisions issued by the planning and building permit documentation, in accordance with the decisions of relevant authorities and whether the general requirements for the construction were complied. 20 Request and obtain evidence number of the building from Municipality 7 days no charge Agency : Municipality of Prague Before registration with the Real Estate Registry the owner of the building shall apply for the evidence number of the building with the Municipality Office. The following documents need to be submitted along with the application: occupancy or building permit, geometrical plan (i.e. document on the building’s location according to which the building is to be newly registered in the Real Estate Registry), and the evidence on the ownership of the building. According to the law the document must be issued in 30 days; however in practice it takes 1 week on average. 21 Register the building with the Real Estate Registry 30 days no charge Agency : Real Estate Registry BuildCo must apply to register the building and obtain a building identification number with the Real Estate Registry. This procedure is necessary, among other conditions, if the building needs insurance, as would be the case for a new warehouse. The owner of the new warehouse will submit a notification explaining that the building is now part of the plot and should be registered. The owner will submit the geodesic plan as well as the occupancy permit to register the building in the cadaster. This notification can be done online and there is no fees to register the building. Under Act No. 500/2004 Coll. Code of Administrative Procedures, statutory time limits of 30 days have been introduced (60 days for complicated cases). Under Act No. 256/2013 Coll., Cadastral Act effective January 1, 2014 the building is now registered as part of the land, and not as a separate asset. Takes place simultaneously with previous procedure. Page 17 Doing Business 2020 Czech Republic Details – Dealing with Construction Permits in Czech Republic – Measure of Quality Answer Score Building quality control index (0-15) 8.0 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) 0.0 Which third-party entities are required by law to verify that the building plans are in compliance with existing By law, there is no 0.0 building regulations? (0-1) need to verify plans compliance. 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 in- 1.0 house engineer. 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. 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; Owner or investor. 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) 0.0 What are the qualification requirements for the professional responsible for verifying that the architectural plans Minimum number of 0.0 or drawings are in compliance with existing building regulations? (0-2) years of experience; Being a registered architect or engineer; Passing a certification exam. What are the qualification requirements for the professional who supervises the construction on the ground? (0- Minimum number of 0.0 2) years of experience; Being a registered architect or engineer; Passing a certification exam. Page 18 Doing Business 2020 Czech Republic 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- kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 kilowatt (kW). • Does not include time spent gathering information - 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 19 Doing Business 2020 Czech Republic Getting Electricity - Czech Republic Standardized Connection Name of utility (PRE) / PREdistribuce a.s. Price of electricity (US cents per kWh) 13.8 City Covered Prague Indicator Czech Republic OECD high income Best Regulatory Performance Procedures (number) 3 4.4 3 (28 Economies) Time (days) 58 74.8 18 (3 Economies) Cost (% of income per capita) 23.1 61.0 0.0 (3 Economies) Reliability of supply and transparency of tariff index (0-8) 8 7.4 8 (26 Economies) Figure – Getting Electricity in Czech Republic – Score 100.0 82.6 99.7 100.0 Reliability of supply and transparency of Procedures Time Cost tariff index Figure – Getting Electricity in Czech Republic and comparator economies – Ranking and Score DB 2020 Getting Electricity Score 0 100 98.8: Germany (Rank: 5) 95.6: Czech Republic (Rank: 11) 86.1: Italy (Rank: 38) 85.9: Regional Average (OECD high income) 82.3: Poland (Rank: 60) 63.3: Hungary (Rank: 125) 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 Czech Republic – Procedure, Time and Cost Time (days) Cost (% of income per capita) 25 50 Cost (% of income per capita) 20 40 Time (days) 15 30 10 20 5 10 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 20 Doing Business 2020 Czech Republic reflected here, see the summary below. Figure – Getting Electricity in Czech Republic and comparator economies – Measure of Quality 8.2 8 8 8 7.8 Index score 7.6 7.4 7.4 7.2 7 7 7 7 6.8 6.6 6.4 Czech Germany Hungary Italy Poland OECD Republic high income Page 21 Doing Business 2020 Czech Republic Details – Getting Electricity in Czech Republic – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Apply for connection and await binding contract 17 calendar days CZK 100,000 Agency : Predistribuce The entrepreneur submits an application to connect in person or by mail. The application includes details about the required load, location of the warehouse, and type of consumption (electric heating, air conditioning, etc.). PREdistribuce responds to the application with technical conditions for connection and a preliminary contract that sets a maximum completion date. Given that the entrepreneur will be connecting to the low voltage network, the entrepreneur can choose to let a private contractor or PREdistribuce execute the external connection works. However, common practice is that the entrepreneur agrees with PREdistribuce to prepare the project design and obtain the location permit for the external connection while obtaining location and building permits for the warehouse from the Building Office. This practice benefits the entrepreneur, because it shortens the connection time. Once the entrepreneur and PREdistribuce agree on this approach, the entrepreneur signs the preliminary contract and sends it back to PREdistribuce. At this point, the entrepreneur must pay at least 50% of the connection fee. (note: full cost is mapped to this procedure) 2 Await completion of external works by PREdistribuce 36 calendar days CZK 9,000 Agency : Predistribuce PREdistribuce notifies the investor that they received the signed preliminary connection agreement and the connection fee. The investor's electrical contractor prepares the project design, the investor obtains the location permit for the external connection, and s/he hands over the documents to PREdistribuce to build the external connection. PREdistribuce will sub-contract the external work to one of its subsidiaries. After all work is completed, PREdistribuce sends the investor the final connection agreement and requests the remaining 50% of the connection fee. 3 Sign supply contract and await meter installation 5 calendar days CZK 0 Agency : PREmereni As the last step, the investor pays the remainder of the connection fee and his electrical contractor prepares a revision report of the connection point which he provides to his chosen electricity supplier during signing of a joint supply contract. By signing the joint supply contract, the investor satisfies all technical and commercial conditions for the connection. Subsequently, the electricity supplier requests an installation of a meter from PREdistribuce on behalf of the investor. Takes place simultaneously with previous procedure. Page 22 Doing Business 2020 Czech Republic Details – Getting Electricity in Czech Republic – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 8 Total duration and frequency of outages per customer a year (0-3) 3 System average interruption duration index (SAIDI) 0.5 System average interruption frequency index (SAIFI) 0.4 What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 3.0 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) 1 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages exceed a certain cap? Yes Communication of tariffs and tariff changes (0-1) 1 Are effective tariffs available online? Yes Link to the website, if available online http://www.eru.cz/docume nts/10540/3899124/ERV_ 11_2018.pdf/121b4b0e- ba26-433d-b71d- 3b00fbee228e The document in the link includes only regulated price components set by ERU. ERU also provides for customers a price comparison tool which allows to compare different suppliers and check electricity bills http://www.eru.cz/cs/infor macni- centrum/kalkulatory- srovnani-nabidek 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 23 Doing Business 2020 Czech Republic 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. - Is located in a periurban commercial zone (that is, on the outskirts of the city but still within its • No prior contact with officials 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 24 Doing Business 2020 Czech Republic Registering Property - Czech Republic Indicator Czech Republic OECD high income Best Regulatory Performance Procedures (number) 4 4.7 1 (5 Economies) Time (days) 27.5 23.6 1 (2 Economies) Cost (% of property value) 4.0 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 25.0 23.2 None in 2018/19 Figure – Registering Property in Czech Republic – Score 75.0 87.3 73.3 83.3 Procedures Time Cost Quality of the land administration index Figure – Registering Property in Czech Republic and comparator economies – Ranking and Score DB 2020 Registering Property Score 0 100 81.7: Italy (Rank: 26) 80.1: Hungary (Rank: 29) 79.7: Czech Republic (Rank: 32) 77.0: Regional Average (OECD high income) 66.6: Germany (Rank: 76) 63.9: Poland (Rank: 92) 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 25 Doing Business 2020 Czech Republic Figure – Registering Property in Czech Republic – Procedure, Time and Cost Time (days) Cost (% of property value) 4.5 25 4 Cost (% of property value) 3.5 20 3 Time (days) 15 2.5 2 10 1.5 1 5 0.5 0 0 1 2 3 4 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures reflected here, see the summary below. Page 26 Doing Business 2020 Czech Republic Figure – Registering Property in Czech Republic and comparator economies – Measure of Quality 30 26.0 26.5 25.0 25 23.0 23.2 Index score 20 19.0 15 10 5 0 Czech Germany Hungary Italy Poland OECD Republic high income Details – Registering Property in Czech Republic – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 The buyer checks for encumbrances on the property Less than one day, CZK 100 Agency : Cadastral office for Prague-city online In practice, the buyer, or a lawyer on behalf of the buyer, verifies whether the property has any encumbrances on it. Encumbrances are usually checked on-line. 2 A notary certifies the signatures of the transfer agreement 1 day CZK 60; (CZK 30 / Agency : Notary, cadastral office, matrika, or one of the Czech Point service centers signature - 2 signatures By law, the transfer agreement does not have to be executed in the form of notarial deed and the needed) signatures of the contractual parties on the transfer agreement do not have to be certified. However, the Cadastral Office must verify (as specified by law) the identity of the parties and manifestation of their will. Therefore, it is useful and common practice to have the signatures certified by a notary. But this can also be done by a civil servant—at a cadastral office, a registrar’s office (matrika), or in one of the Czech Point service centers. The notarization takes place without delay and costs CZK 30 per each signature + 21% VAT. 3 Apply for registration at the Cadastral Office 25 days CZK 1,000; (Registration Agency : Cadastral office for Prague-city Fee) Parties apply for registration at the Cadastral Office either in person or electronically. There is a CZK 1000 lump sum fee payable for the registration into the cadastre. Upon receipt of the application for title registration, the Cadastral Office has 48 hours to issue a seal on the property and inform all the relevant parties. A 20-day stay period starts upon the issuance of the seal. During this 20-day period nothing can be done with the application and no registration can be performed. 4 Pay the Real Estate Transfer Tax 1 day CZK 945,123.71; (4% of Agency : Tax Authority the property price as Real The Cadastre is responsible for informing the tax authority about the transfer so that they record it Estate Transfer Tax) and can collect the tax. Registration of the transfer is not conditional upon payment of the tax. The tax rate is 4 % of the higher of the purchase price and the value (as estimated by an expert to be paid by the parties to the transfer agreement). The Tax on Real Estate Acquisition can be paid at the Tax authority, at a commercial bank, or even online. The Tax on Real Estate Acquisition must be paid to the tax authority within 3 months following the month of the registration. Takes place simultaneously with previous procedure. Page 27 Doing Business 2020 Czech Republic Details – Registering Property in Czech Republic – Measure of Quality Answer Score Quality of the land administration index (0-30) 25.0 Reliability of infrastructure index (0-8) 8.0 Type of land registration system in the economy: Title Registration System What is the institution in charge of immovable property registration? Cadastral office for the Capital City of Prague In what format are past and newly issued land records kept at the immovable property registry of the largest Computer/Fully digital 2.0 business city of the economy —in a paper format or in a computerized format (scanned or fully digital)? Is there a comprehensive and functional electronic database for checking for encumbrances (liens, mortgages, Yes 1.0 restrictions and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Cadastral Office for the Capital City of Prague In what format are past and newly issued cadastral plans kept at the mapping agency of the largest business Computer/Fully digital 2.0 city of the economy—in a paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for recording boundaries, checking plans and providing cadastral information Yes 1.0 (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral or mapping agency Single database 1.0 kept in a single database, in different but linked databases or in separate databases? Do the immovable property registration agency and cadastral or mapping agency use the same identification Yes 1.0 number for properties? Transparency of information index (0–6) 4.0 Who is able to obtain information on land ownership at the agency in charge of immovable property registration Freely accessible by 1.0 in the largest business city? anyone Is the list of documents that are required to complete any type of property transaction made publicly available– Yes, online 0.5 and if so, how? Link for online access: https://cuzk.cz/formul are.aspx Is the applicable fee schedule for any type of property transaction at the agency in charge of immovable Yes, online 0.5 property registration in the largest business city made publicly available–and if so, how? Link for online access: https://cuzk.cz/Katast r- nemovitosti/Poplatky/ Sazebnik-uplat-a- spravnich-poplatku- (1).aspx Does the agency in charge of immovable property registration agency formally commit to deliver a legally Yes, online 0.5 binding document that proves property ownership within a specific timeframe –and if so, how does it communicate the service standard? Link for online access: http://www.cuzk.cz/Ka tastr- nemovitosti/Poskytov ani-udaju-z- KN/Poskytovani- udaju-z-KN.aspx Is there a specific and independent mechanism for filing complaints about a problem that occurred at the agency No 0.0 in charge of immovable property registration? Contact information: Are there publicly available official statistics tracking the number of transactions at the immovable property Yes 0.5 registration agency? Number of property transfers in the largest business city in 2018: 41641.0 Page 28 Doing Business 2020 Czech Republic Who is able to consult maps of land plots in the largest business city? Freely accessible by 0.5 anyone Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes, online 0.5 Link for online access: https://cuzk.cz/Katast r- nemovitosti/Poplatky/ Sazebnik-uplat-a- spravnich-poplatku- (1).aspx Does the cadastral/mapping agency formally specifies the timeframe to deliver an updated cadastral plan—and No 0.0 if so, how does it communicate the service standard? Link for online access: Is there a specific and independent mechanism for filing complaints about a problem that occurred at the No 0.0 cadastral or mapping agency? Contact information: Geographic coverage index (0–8) 8.0 Are all privately held land plots in the largest business city formally registered at the immovable property Yes 2.0 registry? Are all privately held land plots in the economy formally registered at the immovable property registry? Yes 2.0 Are all privately held land plots in the largest business city mapped? Yes 2.0 Are all privately held land plots in the economy mapped? Yes 2.0 Land dispute resolution index (0–8) 5.0 Does the law require that all property sale transactions be registered at the immovable property registry to make Yes 1.5 them opposable to third parties? Legal basis: Act No. 89/2012 Coll., Civil Code Act No. 256/2013 Coll., on Cadastral Register (Cadastral Act) Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5 Type of guarantee: State guarantee Legal basis: Act No. 256/2013 Coll., on Cadastral Register (Cadastral Act); Act No. 89/2012 Coll., Civil Code. Is there a is a specific, out-of-court compensation mechanism to cover for losses incurred by parties who No 0.0 engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Legal basis: Act No. 256/2013 Coll., on Cadastral Register (Cadastral Act); Act No. 89/2012 Coll., Civil Code. Act Nr.82/1998, on the Responsibility for Losses Caused by the Decision or by the Maladministration of the Execution of Public Authority Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., Yes 0.5 checking the compliance of contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar; Notary; Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5 Page 29 Doing Business 2020 Czech Republic If yes, who is responsible for verifying the identity of the parties? Registrar; Notary; Lawyer; Is there a national database to verify the accuracy of government issued identity documents? No 0.0 What is the Court of first instance in charge of a case involving a standard land dispute between two local District Court businesses over tenure rights for a property worth 50 times gross national income (GNI) per capita and located in the largest business city? How long does it take on average to obtain a decision from the first-instance court for such a case (without Between 1 and 2 2.0 appeal)? years Are there publicly available statistics on the number of land disputes at the economy level in the first instance No 0.0 court? Number of land disputes in the economy in 2018: Equal access to property rights index (-2–0) 0.0 Do unmarried men and unmarried women have equal ownership rights to property? Yes Do married men and married women have equal ownership rights to property? Yes 0.0 Page 30 Doing Business 2020 Czech Republic Getting Credit This topic explores two sets of issues—the strength of credit reporting systems and the effectiveness of collateral and bankruptcy laws in facilitating lending. 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 Strength of legal rights index (0–12) 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 • Rights of borrowers and lenders through collateral laws (0-10) information index measures rules and practices affecting the coverage, scope and accessibility of • Protection of secured creditors’ rights through bankruptcy laws credit information available through a credit registry or a credit bureau. The strength of legal rights (0-2) index measures the degree to which collateral and bankruptcy laws protect the rights of borrowers and lenders and thus facilitate lending. For each economy it is first determined whether a unitary Depth of credit information index (0–8) secured transactions system exists. Then two case scenarios, case A and case B, are used to • Scope and accessibility of credit information distributed by determine how a nonpossessory security interest is created, publicized and enforced according to credit bureaus and credit registries (0-8) the law. Special emphasis is given to how the collateral registry operates (if registration of security interests is possible). The case scenarios involve a secured borrower, company ABC, and a Credit bureau coverage (% of adults) secured lender, BizBank. • Number of individuals and firms listed in largest credit bureau In some economies the legal framework for secured transactions will allow only case A or case B as a percentage of adult population (not both) to apply. Both cases examine the same set of legal provisions relating to the use of movable collateral. Credit registry coverage (% of adults) • Number of individuals and firms listed in credit registry as a Several assumptions about the secured borrower (ABC) and lender (BizBank) are used: percentage of adult population - ABC is a domestic limited liability company (or its legal equivalent). - ABC has up to 50 employees. - ABC has its headquarters and only base of operations in the economy’s largest business city. For 11 economies the data are also collected for the second largest business city. - Both ABC and BizBank are 100% domestically owned. The case scenarios also involve assumptions. In case A, as collateral for the loan, ABC grants BizBank a nonpossessory security interest in one category of movable assets, for example, its machinery or its inventory. ABC wants to keep both possession and ownership of the collateral. In economies where the law does not allow nonpossessory security interests in movable property, ABC and BizBank use a fiduciary transfer-of-title arrangement (or a similar substitute for nonpossessory security interests). In case B, ABC grants BizBank a business charge, enterprise charge, floating charge or any charge that gives BizBank a security interest over ABC’s combined movable assets (or as much of ABC’s movable assets as possible). ABC keeps ownership and possession of the assets. Page 31 Doing Business 2020 Czech Republic Getting Credit - Czech Republic Indicator Czech Republic OECD high income Best Regulatory Performance Strength of legal rights index (0-12) 7 6.1 12 (5 Economies) Depth of credit information index (0-8) 7 6.8 8 (53 Economies) Credit registry coverage (% of adults) 7.3 24.4 100.0 (2 Economies) Credit bureau coverage (% of adults) 81.1 66.7 100.0 (14 Economies) Figure – Getting Credit in Czech Republic – Score 70.0 Score - Getting Credit Figure – Getting Credit in Czech Republic and comparator economies – Ranking and Score DB 2020 Getting Credit Score 0 100 75.0: Hungary (Rank: 37) 75.0: Poland (Rank: 37) 70.0: Czech Republic (Rank: 48) 70.0: Germany (Rank: 48) 64.3: Regional Average (OECD high income) 45.0: Italy (Rank: 119) Note: The ranking of economies on the ease of getting credit is determined by sorting their scores for getting credit. These scores are the sum of the scores for the strength of legal rights index and the depth of credit information index. Page 32 Doing Business 2020 Czech Republic Figure – Legal Rights in Czech Republic and comparator economies 10 9 9 8 7 7 Index Score 7 6 6.1 6 5 4 3 2 2 1 0 Czech Germany Hungary Italy Poland OECD Republic high income Page 33 Doing Business 2020 Czech Republic Details – Legal Rights in Czech Republic Strength of legal rights index (0-12) 7 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and enforcement of functional equivalents No to security interests in movable assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of movable assets, without requiring a specific description Yes of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a specific description of Yes collateral? May a security right extend to future or after-acquired assets, and does it extend automatically to the products, proceeds and replacements of the No original assets? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be secured between parties; Yes and can the collateral agreement include a maximum amount for which the assets are encumbered? Is a collateral registry in operation for both incorporated and non-incorporated entities, that is unified geographically and by asset type, with an Yes electronic database indexed by debtor's name? 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 No party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor defaults outside an insolvency procedure? Yes Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is liquidated? Yes Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization procedure? Does the law No protect secured creditors’ rights by providing clear grounds for relief from the stay and sets a time limit for it? 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 Yes the collateral through public auction or private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Figure – Credit Information in Czech Republic and comparator economies 9 8 8 8 7 7 6.8 7 6 Index Score 6 5 4 3 2 1 0 Czech Germany Hungary Italy Poland OECD Republic high income Page 34 Doing Business 2020 Czech Republic Details – Credit Information in Czech Republic Depth of credit information index (0-8) Credit bureau Credit registry Score Are data on both firms and individuals distributed? Yes No 1 Are both positive and negative credit data distributed? Yes Yes 1 Are data from retailers or utility companies - in addition to data from banks and No No 0 financial institutions - distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries Yes Yes 1 that distribute more than 10 years of negative data or erase data on defaults as soon as they are repaid obtain a score of 0 for this component.) Are data on loan amounts below 1% of income per capita distributed? Yes Yes 1 By law, do borrowers have the right to access their data in the credit bureau or Yes Yes 1 credit registry? Can banks and financial institutions access borrowers’ credit information online Yes Yes 1 (for example, through an online platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value-added service to help Yes No 1 banks and financial institutions assess the creditworthiness of borrowers? Total Score ("yes" to either public bureau or private registry) 7 Note: 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 Credit bureau Credit registry Number of individuals 5,500,000 0 Number of firms 101,000 501,162 Total 5,601,000 501,162 Percentage of adult population 81.1 7.3 Page 35 Doing Business 2020 Czech Republic Protecting Minority Investors This topic measures the strength of minority shareholder protections against misuse of corporate assets by directors for their personal gain as well as shareholder rights, governance safeguards and corporate transparency requirements that reduce the risk of abuse. 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 • Extent of disclosure index (0–10): Disclosure, review, and To make the data comparable across economies, a case study uses several assumptions about approval requirements for related-party transactions the business and the transaction. • Extent of director liability index (0–10): Ability of minority shareholders to sue and hold interested directors liable for The business (Buyer): prejudicial related-party transactions; Available legal - Is a publicly traded corporation listed on the economy’s most important stock exchange. remedies (damages, disgorgement of profits, disqualification - Has a board of directors and a chief executive officer (CEO) who may legally act on behalf of from managerial position(s) for one year or more, rescission of Buyer where permitted, even if this is not specifically required by law. the transaction) - Has a supervisory board in economies with a two-tier board system on which Mr. James appointed 60% of the shareholder-elected members. • Ease of shareholder suits index (0–10): Access to internal - Has not adopted bylaws or articles of association that go beyond the minimum requirements. corporate documents; Evidence obtainable during trial and allocation of legal expenses Does not follow codes, principles, recommendations or guidelines that are not mandatory. - Is a manufacturing company with its own distribution network. • Extent of conflict of interest regulation index (0-30): Sum of the extent of disclosure, extent of director liability and ease of The transaction involves the following details: shareholder suits indices - Mr. James owns 60% of Buyer, sits on Buyer’s board of directors and elected two directors to • Extent of shareholder rights index (0-6): Shareholders’ rights Buyer’s five-member board. and role in major corporate decisions - Mr. James also owns 90% of Seller, a company that operates a chain of retail hardware stores. Seller recently closed a large number of its stores. • Extent of ownership and control index (0-7): Governance - Mr. James proposes that Buyer purchase Seller’s unused fleet of trucks to expand Buyer’s safeguards protecting shareholders from undue board control distribution of its food products, a proposal to which Buyer agrees. The price is equal to 10% of and entrenchment Buyer’s assets and is higher than the market value. • Extent of corporate transparency index (0-7): Corporate - The proposed transaction is part of the company’s principal activity and is not outside the transparency on ownership stakes, compensation, audits and authority of the company. financial prospects - Buyer enters into the transaction. All required approvals are obtained, and all required disclosures made—that is, the transaction was not entered into fraudulently. • Extent of shareholder governance index (0–20): Sum of the - The transaction causes damages to Buyer. Shareholders sue Mr. James and the executives and extent of shareholders rights, extent of ownership and control directors that approved the transaction. and extent of corporate transparency indices • Strength of minority investor protection index (0–50): Sum of the extent of conflict of interest regulation and extent of shareholder governance indices Page 36 Doing Business 2020 Czech Republic Protecting Minority Investors - Czech Republic Stock exchange information Stock exchange Prague Stock Exchange Stock exchange URL http://www.pse.cz Listed firms with equity securities 48 City Covered Prague Indicator Czech Republic OECD high income Best Regulatory Performance Extent of disclosure index (0-10) 2.0 6.5 10 (13 Economies) Extent of director liability index (0-10) 6.0 5.3 10 (3 Economies) Ease of shareholder suits index (0-10) 9.0 7.3 10 (Djibouti) Extent of shareholder rights index (0-6) 5.0 4.7 6 (19 Economies) Extent of ownership and control index (0-7) 5.0 4.5 7 (9 Economies) Extent of corporate transparency index (0-7) 4.0 5.7 7 (13 Economies) Figure – Protecting Minority in Czech Republic – Score 62.0 Score - Protecting Minority Investors Figure – Protecting Minority Investors in Czech Republic and comparator economies – Ranking and Score DB 2020 Protecting Minority Investors Score 0 100 68.2: Regional Average (OECD high income) 66.0: Italy (Rank: 51) 66.0: Poland (Rank: 51) 62.0: Czech Republic (Rank: 61) 62.0: Germany (Rank: 61) 54.0: Hungary (Rank: 97) Note: The ranking of economies on the strength of minority investor protections is determined by sorting their scores for protecting minority investors. These scores are the simple average of the scores for the extent of conflict of interest regulation index and the extent of shareholder governance index. Page 37 Doing Business 2020 Czech Republic Figure – Protecting Minority Investors in Czech Republic and comparator economies – Measure of Quality the Czech Republic 4 6 2 5 5 9 Germany 6 5 5 5 5 5 Hungary 5 4 2 5 4 7 Italy 7 4 7 4 5 6 Poland 6 2 7 4 5 9 OECD high income 5.6 5.6 6.6 4.3 4.5 7.4 0 5 10 15 20 25 30 35 40 Sub-Indicator Score Extent of corporate transparency index (0-7) Extent of director liability index (0-10) Extent of disclosure index (0-10) Extent of ownership and control index (0-7) Extent of shareholder rights index (0-6) Ease of shareholder suits index (0-10) Page 38 Doing Business 2020 Czech Republic Details – Protecting Minority Investors in Czech Republic – Measure of Quality Answer Score Extent of conflict of interest regulation index (0-30) Extent of disclosure index (0-10) 2.0 Whose decision is sufficient to approve the Buyer-Seller transaction? (0-3) Shareholders or 1.0 board of directors including interested parties Must an external body review the terms of the transaction before it takes place? (0-1) No 0.0 Must Mr. James disclose his conflict of interest to the board of directors? (0-2) No disclosure 0.0 obligation Must Buyer disclose the transaction in periodic filings (e.g. annual reports)? (0-2) Disclosure on the 1.0 transaction only Must Buyer immediately disclose the transaction to the public? (0-2) No disclosure 0.0 obligation Extent of director liability index (0-10) 6.0 Can shareholders representing 10% of Buyer's share capital sue for the damage the transaction caused to Yes 1.0 Buyer? (0-1) Can shareholders hold Mr. James liable for the damage the transaction caused to Buyer? (0-2) Liable if negligent 1.0 Can shareholders hold the other directors liable for the damage the transaction caused to Buyer? (0-2) Liable if negligent 1.0 Must Mr. James pay damages for the harm caused to Buyer upon a successful claim by shareholders? (0-1) Yes 1.0 Must Mr. James repay profits made from the transaction upon a successful claim by shareholders? (0-1) Yes 1.0 Is Mr. James disqualified upon a successful claim by shareholders? (0-1) Yes 1.0 Can a court void the transaction upon a successful claim by shareholders? (0-2) Only in case of fraud 0.0 or bad faith Ease of shareholder suits index (0-10) 9.0 Before suing, can shareholders representing 10% of Buyer's share capital inspect the transaction documents? Yes 1.0 (0-1) Can the plaintiff obtain any documents from the defendant and witnesses at trial? (0-3) Any relevant 3.0 document Can the plaintiff request categories of documents from the defendant without identifying specific ones? (0-1) Yes 1.0 Can the plaintiff directly question the defendant and witnesses at trial? (0-2) Yes 2.0 Is the level of proof required for civil suits lower than that of criminal cases? (0-1) Yes 1.0 Can shareholder plaintiffs recover their legal expenses from the company? (0-2) Yes if successful 1.0 Extent of shareholder governance index (0-20) Extent of shareholder rights index (0-6) 5.0 Does the sale of 51% of Buyer's assets require shareholder approval? No 0.0 Can shareholders representing 10% of Buyer's share capital call for a meeting of shareholders? Yes 1.0 Must Buyer obtain its shareholders’ approval every time it issues new shares? Yes 1.0 Do shareholders automatically receive preemption rights every time Buyer issues new shares? Yes 1.0 Do shareholders elect and dismiss the external auditor? Yes 1.0 Are changes to the rights of a class of shares only possible if the holders of the affected shares approve? Yes 1.0 Extent of ownership and control index (0-7) 5.0 Is it forbidden to appoint the same individual as CEO and chairperson of the board of directors? Yes 1.0 Page 39 Doing Business 2020 Czech Republic Must the board of directors include independent and nonexecutive board members? No 0.0 Can shareholders remove members of the board of directors without cause before the end of their term? Yes 1.0 Must the board of directors include a separate audit committee exclusively comprising board members? Yes 1.0 Must a potential acquirer make a tender offer to all shareholders upon acquiring 50% of Buyer? Yes 1.0 Must Buyer pay declared dividends within a maximum period set by law? Yes 1.0 Is a subsidiary prohibited from acquiring shares issued by its parent company? No 0.0 Extent of corporate transparency index (0-7) 4.0 Must Buyer disclose direct and indirect beneficial ownership stakes representing 5%? No 0.0 Must Buyer disclose information about board members’ primary employment and directorships in other No 0.0 companies? Must Buyer disclose the compensation of individual managers? No 0.0 Must a detailed notice of general meeting be sent 21 days before the meeting? Yes 1.0 Can shareholders representing 5% of Buyer’s share capital put items on the general meeting agenda? Yes 1.0 Must Buyer's annual financial statements be audited by an external auditor? Yes 1.0 Must Buyer disclose its audit reports to the public? Yes 1.0 Page 40 Doing Business 2020 Czech Republic Paying Taxes This topic records the taxes and mandatory contributions that a medium-size company must pay or withhold in a given year, as well as the administrative burden of paying taxes and contributions and complying with postfiling procedures (VAT refund and tax audit). The most recent round of data collection for the project was completed in May 2019 covering for the Paying Taxes indicator calendar year 2018 (January 1, 2018 – December 31, 2018). See the methodology for more information. What the indicators measure Case study assumptions Tax payments for a manufacturing company in 2018 (number Using a case scenario, Doing Business records taxes and mandatory contributions a medium size per year adjusted for electronic and joint filing and payment) company must pay in a year, and measures the administrative burden of paying taxes, contributions and dealing with postfiling processes. Information is also compiled on frequency of • Total number of taxes and contributions paid or withheld, filing and payments, time taken to comply with tax laws, time taken to comply with the including consumption taxes (value added tax, sales tax or requirements of postfiling processes and time waiting. goods and service tax) • Method and frequency of filing and payment To make data comparable across economies, several assumptions are used: - TaxpayerCo is a medium-size business that started operations on January 1, 2017. It produces Time required to comply with 3 major taxes (hours per year) ceramic flowerpots and sells them at retail. All taxes and contributions recorded are paid in the second year of operation (calendar year 2018). Taxes and mandatory contributions are measured • Collecting information, computing tax payable at all levels of government. • Preparing separate tax accounting books, if required • Completing tax return, filing with agencies The VAT refund process: - In June 2018, TaxpayerCo. makes a large capital purchase: the value of the machine is 65 times • Arranging payment or withholding income per capita of the economy. Sales are equally spread per month (1,050 times income per capita divided by 12) and cost of goods sold are equally expensed per month (875 times income Total tax and contribution rate (% of commercial profits) per capita divided by 12). The machinery seller is registered for VAT and excess input VAT incurred • Profit or corporate income tax in June will be fully recovered after four consecutive months if the VAT rate is the same for inputs, sales and the machine and the tax reporting period is every month. Input VAT will exceed Output • Social contributions, labor taxes paid by employer VAT in June 2018. • Property and property transfer taxes The corporate income tax audit process: • Dividend, capital gains, financial transactions taxes - An error in calculation of income tax liability (for example, use of incorrect tax depreciation rates, • Waste collection, vehicle, road and other taxes or incorrectly treating an expense as tax deductible) leads to an incorrect income tax return and a corporate income tax underpayment. TaxpayerCo. discovered the error and voluntarily notified the Postfiling Index tax authority. The value of the underpaid income tax liability is 5% of the corporate income tax • Time to comply with VAT refund (hours) liability due. TaxpayerCo. submits corrected information after the deadline for submitting the annual tax return, but within the tax assessment period. • Time to obtain VAT refund (weeks) • Time to comply with a corporate income tax correction (hours) • Time to complete a corporate income tax correction (weeks) Page 41 Doing Business 2020 Czech Republic Paying Taxes - Czech Republic Indicator Czech Republic OECD high income Best Regulatory Performance Payments (number per year) 8 10.3 3 (2 Economies) Time (hours per year) 230 158.8 49 (3 Economies) Total tax and contribution rate (% of profit) 46.1 39.9 26.1 (33 Economies) Postfiling index (0-100) 90.5 86.7 None in 2018/19 Figure – Paying Taxes in Czech Republic – Score 91.7 72.0 71.2 90.5 Payments Time Total tax and contribution rate Postfiling index Figure – Paying Taxes in Czech Republic and comparator economies – Ranking and Score DB 2020 Paying Taxes Score 0 100 84.3: Regional Average (OECD high income) 82.2: Germany (Rank: 46) 81.4: Czech Republic (Rank: 53) 80.6: Hungary (Rank: 56) 76.4: Poland (Rank: 77) 64.0: Italy (Rank: 128) Note: The ranking of economies on the ease of paying taxes is determined by sorting their scores for paying taxes. These scores are the simple average of the scores for each of the component indicators, with a threshold and a nonlinear transformation applied to one of the component indicators, the total tax and contribution rate. The threshold is defined as the total tax and contribution rate at the 15th percentile of the overall distribution for all years included in the analysis up to and including Doing Business 2015, which is 26.1%. All economies with a total tax and contribution rate below this threshold receive the same score as the economy at the threshold. Page 42 Doing Business 2020 Czech Republic Figure – Paying Taxes in Czech Republic and comparator economies – Measure of Quality 120 97.7 100 90.5 87.5 86.7 Index score 77.4 80 60 52.4 40 20 0 Czech Germany Hungary Italy Poland OECD Republic high income Page 43 Doing Business 2020 Czech Republic Details – Paying Taxes in Czech Republic Tax or Payments Notes on Time (hours) Statutory tax Tax base Total tax and Notes on TTCR mandatory (number) Payments rate contribution contribution rate (% of profit) Social security 1.0 online 75.0 21.5% gross salaries 24.25 contributions Health Insurance 1.0 online 9% gross salaries 10.15 Corporate 1.0 online 53.0 19% taxable profit 5.21 income tax Sickness 0.0 jointly 2.3% gross salaries 2.59 insurance Property transfer 1.0 online 4% sale price 2.42 tax Unemployment 0.0 jointly 1.2% gross salaries 1.35 contribution Road tax 1.0 online fee scale depending on 0.12 type of vehicle Real estate tax 1.0 online fee scale and property area 0.01 scheme with coefficients Employee paid - 0.0 jointly 11% gross salaries 0.00 withheld Social security contributions Fuel tax 1.0 included into the 0.00 small amount fuel price Value added tax 1.0 online 102.0 21% value added 0.00 not included (VAT) Totals 8 230 46.1 Page 44 Doing Business 2020 Czech Republic Details – Paying Taxes in Czech Republic – Tax by Type Taxes by type Answer Profit tax (% of profit) 5.2 Labor tax and contributions (% of profit) 38.4 Other taxes (% of profit) 2.6 Page 45 Doing Business 2020 Czech Republic Details – Paying Taxes in Czech Republic – Measure of Quality Answer Score Postfiling index (0-100) 90.5 VAT refunds Does VAT exist? Yes Does a VAT refund process exist per the case study? Yes Restrictions on VAT refund process none Percentage of cases exposed to a VAT audit (%) 50% - 74% Is there a mandatory carry forward period? No Time to comply with VAT refund (hours) 5.0 91.0 Time to obtain VAT refund (weeks) 18.0 71.9 Corporate income tax audits Does corporate income tax exist? Yes Percentage of cases exposed to a corporate income tax audit (%) 0% - 24% Time to comply with a corporate income tax correction (hours) 2.0 99.1 Time to complete a corporate income tax correction (weeks) No tax audit per case 100 study scenario Notes: Names of taxes have been standardized. For instance income tax, profit tax, tax on company's income are all named corporate income tax in this table. The hours for VAT include all the VAT and sales taxes applicable. The hours for Social Security include all the hours for labor taxes and mandatory contributions in general. The postfiling index is the average of the scores on time to comply with VAT refund, time to obtain a VAT refund, time to comply with a corporate income tax correction and time to complete a corporate income tax correction. N/A = Not applicable. Page 46 Doing Business 2020 Czech Republic Trading across Borders Doing Business records the time and cost associated with the logistical process of exporting and importing goods. Doing Business measures the time and cost (excluding tariffs) associated with three sets of procedures—documentary compliance, border compliance and domestic transport—within the overall process of exporting or importing a shipment of goods. 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 Documentary compliance To make the data comparable across economies, a few assumptions are made about the traded goods and the transactions: • Obtaining, preparing and submitting documents during transport, clearance, inspections and port or border handling in Time: Time is measured in hours, and 1 day is 24 hours (for example, 22 days are recorded as origin economy 22×24=528 hours). If customs clearance takes 7.5 hours, the data are recorded as is. Alternatively, • Obtaining, preparing and submitting documents required by suppose documents are submitted to a customs agency at 8:00a.m., are processed overnight and destination economy and any transit economies can be picked up at 8:00a.m. the next day. The time for customs clearance would be recorded as 24 hours because the actual procedure took 24 hours. • Covers all documents required by law and in practice, including electronic submissions of information Cost: Insurance cost and informal payments for which no receipt is issued are excluded from the Border compliance costs recorded. Costs are reported in U.S. dollars. Contributors are asked to convert local currency into U.S. dollars based on the exchange rate prevailing on the day they answer the questionnaire. • Customs clearance and inspections Contributors are private sector experts in international trade logistics and are informed about • Inspections by other agencies (if applied to more than 20% of exchange rates. shipments) Assumptions of the case study: • Handling and inspections that take place at the economy’s port - For all 190 economies covered by Doing Business, it is assumed a shipment is in a warehouse in or border the largest business city of the exporting economy and travels to a warehouse in the largest business city of the importing economy. Domestic transport - It is assumed each economy imports 15 metric tons of containerized auto parts (HS 8708) from • Loading or unloading of the shipment at the warehouse or its natural import partner—the economy from which it imports the largest value (price times port/border quantity) of auto parts. It is assumed each economy exports the product of its comparative advantage (defined by the largest export value) to its natural export partner—the economy that is • Transport between warehouse and port/border the largest purchaser of this product. Shipment value is assumed to be $50,000. • Traffic delays and road police checks while shipment is en - The mode of transport is the one most widely used for the chosen export or import product and route the trading partner, as is the seaport or land border crossing. - All electronic information submissions requested by any government agency in connection with the shipment are considered to be documents obtained, prepared and submitted during the export or import process. - A port or border is a place (seaport or land border crossing) where merchandise can enter or leave an economy. - Relevant government agencies include customs, port authorities, road police, border guards, standardization agencies, ministries or departments of agriculture or industry, national security agencies and any other government authorities. Page 47 Doing Business 2020 Czech Republic Trading across Borders - Czech Republic Indicator Czech Republic OECD high income Best Regulatory Performance Time to export: Border compliance (hours) 0 12.7 1 (19 Economies) Cost to export: Border compliance (USD) 0 136.8 0 (19 Economies) Time to export: Documentary compliance (hours) 1 2.3 1 (26 Economies) Cost to export: Documentary compliance (USD) 0 33.4 0 (20 Economies) Time to import: Border compliance (hours) 0 8.5 1 (25 Economies) Cost to import: Border compliance (USD) 0 98.1 0 (28 Economies) Time to import: Documentary compliance (hours) 1 3.4 1 (30 Economies) Cost to import: Documentary compliance (USD) 0 23.5 0 (30 Economies) Figure – Trading across Borders in Czech Republic – Score 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 Time Cost Time Cost Time Cost Time Cost to to to to to to to to export: export: export: export: import: import: import: import: Border Border Documentary Documentary Border Border Documentary Documentary compliance compliance compliance compliance compliance compliance compliance compliance Figure – Trading across Borders in Czech Republic and comparator economies – Ranking and Score DB 2020 Trading Across Borders Score 0 100 94.3: Regional Average (OECD high income) 91.8: Germany (Rank: 42) 100: Czech Republic (Rank: 1) 100: Hungary (Rank: 1) 100: Italy (Rank: 1) 100: Poland (Rank: 1) Note: The ranking of economies on the ease of trading across borders is determined by sorting their scores for trading across borders. These scores are the simple average of the scores for the time and cost for documentary compliance and border compliance to export and import. Page 48 Doing Business 2020 Czech Republic Figure – Trading across Borders in Czech Republic – Time and Cost Time (hours) Cost (USD) 1.2 1.2 1 1 1 1 Time (hours) Cost (USD) 0.8 0.8 0.6 0.6 0.4 0.4 0.2 0.2 0 0 0 0 0 0 0 0 Export Export Import Import - - - - Border Documentary Border Documentary Compliance Compliance Compliance Compliance Page 49 Doing Business 2020 Czech Republic Details – Trading across Borders in Czech Republic Characteristics Export Import Product HS 84 : Nuclear reactors, boilers, machinery and HS 8708: Parts and accessories of motor vehicles mechanical appliances; parts thereof Trade partner Germany Germany Border Czech Republic-Germany border crossing Czech Republic-Germany border crossing Distance (km) 125 125 Domestic transport time (hours) 2 2 Domestic transport cost (USD) 208 208 Details – Trading across Borders in Czech Republic – Components of Border Compliance Time to Complete (hours) Associated Costs (USD) Export: Clearance and inspections required by 0.0 0.0 customs authorities Export: Clearance and inspections required by 0.0 0.0 agencies other than customs Export: Port or border handling 0.0 0.0 Import: Clearance and inspections required by 0.0 0.0 customs authorities Import: Clearance and inspections required by 0.0 0.0 agencies other than customs Import: Port or border handling 0.0 0.0 Page 50 Doing Business 2020 Czech Republic Details – Trading across Borders in Czech Republic – Trade Documents Export Import CMR Waybill CMR Waybill Commercial invoice Commercial invoice Packing list Packing list Intrastat Intrastat Page 51 Doing Business 2020 Czech Republic Enforcing Contracts The enforcing contracts indicator measures the time and cost for resolving a commercial dispute through a local first-instance court, and the quality of judicial processes index, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system. 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 Time required to enforce a contract through the courts The dispute in the case study involves the breach of a sales contract between two domestic (calendar days) 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. • Time to file and serve the case • Time for trial and to obtain the judgment To make the data on the time and comparable across economies, several assumptions about the case are used: • Time to enforce the judgment - The dispute concerns a lawful transaction between two businesses (Seller and Buyer), both Cost required to enforce a contract through the courts (% of located in the economy’s largest business city. For 11 economies the data are also collected for the claim value) second largest business city. - The Buyer orders custom-made furniture, then fails to pay alleging that the goods are not of • Average attorney fees adequate quality. - The value of the dispute is 200% of the income per capita or the equivalent in local currency of • Court costs USD 5,000, whichever is greater. • Enforcement costs - The Seller sues the Buyer before the court with jurisdiction over commercial cases worth 200% of income per capita or $5,000 whichever is greater. Quality of judicial processes index (0-18) - The Seller requests the pretrial attachment of the defendant’s movable assets to secure the • Court structure and proceedings (-1-5) claim. - The claim is disputed on the merits because of Buyer’s allegation that the quality of the goods • Case management (0-6) was not adequate. • Court automation (0-4) - The judge decides in favor of the seller; there is no appeal. - The Seller enforces the judgment through a public sale of the Buyer’s movable assets. • Alternative dispute resolution (0-3) Page 52 Doing Business 2020 Czech Republic Enforcing Contracts - Czech Republic Standardized Case Claim value CZK 903,013 Court name Prague District Court City Covered Prague Indicator Czech Republic OECD high income Best Regulatory Performance Time (days) 678 589.6 120 (Singapore) Cost (% of claim value) 33.8 21.5 0.1 (Bhutan) Quality of judicial processes index (0-18) 9.5 11.7 None in 2018/19 Figure – Enforcing Contracts in Czech Republic – Score 54.3 62.1 52.8 Time Cost Quality of judicial processes index Figure – Enforcing Contracts in Czech Republic and comparator economies – Ranking and Score DB 2020 Enforcing Contracts Score 0 100 74.1: Germany (Rank: 13) 71.0: Hungary (Rank: 25) 67.8: Regional Average (OECD high income) 64.4: Poland (Rank: 55) 56.4: Czech Republic (Rank: 103) 53.1: Italy (Rank: 122) Note: The ranking of economies on the ease of enforcing contracts is determined by sorting their scores for enforcing contracts. These scores are the simple average of the scores for each of the component indicators. Page 53 Doing Business 2020 Czech Republic Figure – Enforcing Contracts in Czech Republic – Time and Cost Time (days) Cost (% of claim value) 1200 1120 40 Cost (% of claim value) 33.8 35 1000 27.6 30 Time (days) 800 678 21.5 685 25 605 589.6 19.4 600 499 20 14.4 15.0 15 400 10 200 5 0 0 Czech Germany Hungary Italy OECD Poland Republic high income Page 54 Doing Business 2020 Czech Republic Figure – Enforcing Contracts in Czech Republic and comparator economies – Measure of Quality the Czech Republic 2 3 3 1.5 Germany 3 1.5 3.5 4.5 Hungary 3 4 2.5 3 Italy 3 4 3 3 Poland 3 1.5 1.5 5 OECD high income 2.5 3.2 2.4 3.6 0 2 4 6 8 10 12 14 Sub-Indicator Score Alternative dispute resolution (0-3) Case management (0-6) Court automation (0-4) Court structure and proceedings (-1-5) Details – Enforcing Contracts in Czech Republic Indicator Time (days) 678 Filing and service 88 Trial and judgment 410 Enforcement of judgment 180 Cost (% of claim value) 33.8 Attorney fees 13.1 Court fees 5.7 Enforcement fees 15 Quality of judicial processes index (0-18) 9.5 Court structure and proceedings (-1-5) 1.5 Case management (0-6) 3.0 Court automation (0-4) 3.0 Alternative dispute resolution (0-3) 2.0 Page 55 Doing Business 2020 Czech Republic Details – Enforcing Contracts in Czech Republic – Measure of Quality Answer Score Quality of judicial processes index (0-18) 9.5 Court structure and proceedings (-1-5) 1.5 1. Is there a court or division of a court dedicated solely to hearing commercial cases? No 0.0 2. Small claims court 0.0 2.a. Is there a small claims court or a fast-track procedure for small claims? No 2.b. If yes, is self-representation allowed? n.a. 3. Is pretrial attachment available? Yes 1.0 4. Are new cases assigned randomly to judges? Yes, but manual 0.5 5. Does a woman's testimony carry the same evidentiary weight in court as a man's? Yes 0.0 Case management (0-6) 3.0 1. Time standards 0.0 1.a. Are there laws setting overall time standards for key court events in a civil case? No 1.b. If yes, are the time standards set for at least three court events? n.a. 1.c. Are these time standards respected in more than 50% of cases? n.a. 2. Adjournments 0.0 2.a. Does the law regulate the maximum number of adjournments that can be granted? No 2.b. Are adjournments limited to unforeseen and exceptional circumstances? No 2.c. If rules on adjournments exist, are they respected in more than 50% of cases? n.a. 3. Can two of the following four reports be generated about the competent court: (i) time to disposition report; (ii) Yes 1.0 clearance rate report; (iii) age of pending cases report; and (iv) single case progress report? 4. Is a pretrial conference among the case management techniques used before the competent court? Yes 1.0 5. Are there any electronic case management tools in place within the competent court for use by judges? Yes 1.0 6. Are there any electronic case management tools in place within the competent court for use by lawyers? No 0.0 Court automation (0-4) 3.0 1. Can the initial complaint be filed electronically through a dedicated platform within the competent court? Yes 1.0 2. Is it possible to carry out service of process electronically for claims filed before the competent court? Yes 1.0 3. Can court fees be paid electronically within the competent court? Yes 1.0 4. Publication of judgments 0.0 4.a Are judgments rendered in commercial cases at all levels made available to the general public No through publication in official gazettes, in newspapers or on the internet or court website? 4.b. Are judgments rendered in commercial cases at the appellate and supreme court level made No available to the general public through publication in official gazettes, in newspapers or on the internet or court website? Alternative dispute resolution (0-3) 2.0 1. Arbitration 1.5 1.a. Is domestic commercial arbitration governed by a consolidated law or consolidated chapter or Yes section of the applicable code of civil procedure encompassing substantially all its aspects? 1.b. Are there any commercial disputes—aside from those that deal with public order or public policy— No that cannot be submitted to arbitration? 1.c. Are valid arbitration clauses or agreements usually enforced by the courts? Yes Page 56 Doing Business 2020 Czech Republic 2. Mediation/Conciliation 0.5 2.a. Is voluntary mediation or conciliation available? Yes 2.b. Are mediation, conciliation or both governed by a consolidated law or consolidated chapter or No section of the applicable code of civil procedure encompassing substantially all their aspects (for example, definition, aim and scope of application, desig 2.c. Are there financial incentives for parties to attempt mediation or conciliation (i.e., if mediation or No conciliation is successful, a refund of court filing fees, income tax credits or the like)? Page 57 Doing Business 2020 Czech Republic Resolving Insolvency Doing Business studies the time, cost and outcome of insolvency proceedings involving domestic legal entities. These variables are used to calculate the recovery rate, which is recorded as cents on the dollar recovered by secured creditors through reorganization, liquidation or debt enforcement (foreclosure or receivership) proceedings. To determine the present value of the amount recovered by creditors, Doing Business uses the lending rates from the International Monetary Fund, supplemented with data from central banks and the Economist Intelligence Unit. 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 Time required to recover debt (years) To make the data on the time, cost and outcome comparable across economies, several assumptions about the business and the case are used: • Measured in calendar years • Appeals and requests for extension are included - A hotel located in the largest city (or cities) has 201 employees and 50 suppliers. The hotel experiences financial difficulties. Cost required to recover debt (% of debtor’s estate) - The value of the hotel is 100% of the income per capita or the equivalent in local currency of USD 200,000, whichever is greater. • Measured as percentage of estate value - The hotel has a loan from a domestic bank, secured by a mortgage over the hotel’s real estate. • Court fees The hotel cannot pay back the loan, but makes enough money to operate otherwise. • Fees of insolvency administrators In addition, Doing Business evaluates the quality of legal framework applicable to judicial • Lawyers’ fees liquidation and reorganization proceedings and the extent to which best insolvency practices have been implemented in each economy covered. • 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 (0- 16) • Sum of the scores of four component indices: • Commencement of proceedings index (0-3) • Management of debtor’s assets index (0-6) • Reorganization proceedings index (0-3) • Creditor participation index (0-4) Page 58 Doing Business 2020 Czech Republic Resolving Insolvency - Czech Republic Indicator Czech Republic OECD high income Best Regulatory Performance Recovery rate (cents on the dollar) 67.5 70.2 92.9 (Norway) Time (years) 2.1 1.7 0.4 (Ireland) Cost (% of estate) 17.0 9.3 1.0 (Norway) Outcome (0 as piecemeal sale and 1 as going concern) 1 .. .. Strength of insolvency framework index (0-16) 14.0 11.9 None in 2018/19 Figure – Resolving Insolvency in Czech Republic – Score 72.7 87.5 Recovery rate Strength of insolvency framework index Figure – Resolving Insolvency in Czech Republic and comparator economies – Ranking and Score DB 2020 Resolving Insolvency Score 0 100 89.8: Germany (Rank: 4) 80.1: Czech Republic (Rank: 16) 77.5: Italy (Rank: 21) 76.5: Poland (Rank: 25) 74.9: Regional Average (OECD high income) 55.0: Hungary (Rank: 66) Note: The ranking of economies on the ease of resolving insolvency is determined by sorting their scores for resolving insolvency. These scores are the simple average of the scores for the recovery rate and the strength of insolvency framework index. Page 59 Doing Business 2020 Czech Republic Figure – Resolving Insolvency in Czech Republic – Time and Cost Time (years) Cost (% of estate) 3.5 25 22.0 3.0 3 Cost (% of estate) 20 17.0 Time (years) 2.5 2.1 2.0 14.5 15.0 2 1.8 15 1.7 1.5 1.2 9.3 10 8.0 1 5 0.5 0 0 Czech Germany Hungary Italy OECD Poland Republic high income Page 60 Doing Business 2020 Czech Republic Figure – Resolving Insolvency in Czech Republic and comparator economies – Measure of Quality the Czech Republic 5.5 2.5 3 3 Germany 6 3 3 3 Hungary 5 2.5 2 0.5 Italy 5.5 3 2 3 Poland 6 3 2 3 OECD high income 5.3 2.8 2.1 1.9 0 2 4 6 8 10 12 14 16 Sub-Indicator Score Management of debtor's assets index (0-6) Commencement of proceedings index (0-3) Creditor participation index (0-4) Reorganization proceedings index (0-3) Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Figure – Resolving Insolvency in Czech Republic and comparator economies – Recovery Rate Recovery rate(cents on the dollar) 90 79.8 80 67.5 70.2 70 65.6 60.9 60 50 44.2 40 30 20 10 0 Czech Republic Germany Hungary Italy Poland OECD high income Page 61 Doing Business 2020 Czech Republic Details – Resolving Insolvency in Czech Republic Indicator Answer Score Proceeding liquidation (after an Mirage management is required to initiate insolvency proceedings as soon as Mirage becomes insolvent. The court attempt at will then have to decide whether to proceed with reorganization or liquidation. Mirage will likely propose a reorganization) reorganization plan in order to keep the business operating. However, BizBank, as a secured creditor with 74% of the outstanding debt is not likely to agree to this plan. Instead, the Bank will push for liquidation proceedings, where, as a majority creditor, it can instruct the insolvency representative to sell the hotel as a going concern. Outcome going concern The hotel is likely to be sold as a going concern, because this would maximize the sale value. Time (in years) 2.1 Mirage's management must initiate insolvency proceedings as soon as it learns that the company is insolvent. Because management is interested in keeping control of the company and continuing operating, it will file a petition for reorganization. The court will decide on state of insolvency, accept the petition, and the creditors will have 2 months for registration of their claims. Mirage’s management will have 120 days to prepare a reorganization plan. This period can be extended by the court for another 120 days on debtor’s request. After Mirage’s management submits a reorganization plan, the court will hold a creditors’ meeting where the creditors will vote on whether to approve the plan. The plan will be rejected by BizBank, because it can receive its money quicker through a liquidation sale. The court will then enter the decision rejecting the claim and transforming reorganization proceedings into liquidation and Mirage will be declared bankrupt. An insolvency trustee will be appointed who will administer the hotel. The creditors will register their claims (within 30-60 days) and the court will hold a reviewing hearing to examine the claims (within 60 days). The trustee must prepare a report on the assets and liabilities of Mirage as of the date of the declaration of bankruptcy. He will also prepare interim report on the status of the insolvency proceedings at least every three months. All creditors meetings are convened and chaired by the court. There are no special provisions on how sale of assets must be conducted, so the trustee will decide on the best method, which must be approved by the creditors. Once the sale is completed, the trustee must prepare a report stating all registered claims, the costs of the proceedings and the proceeds of the sale. The court will issue a distribution decision, which must be carried out by the trustee within 2 months. Cost (% of estate) 17.0 Major expenses include attorneys’ fees – around 5% of the value of the estate, remuneration of the administrator – up to 7% of the value of the assets realized by BizBank as a secured creditor, auctioneer’s fee – around 5% of the auctioned amount. Recovery rate 67.5 (cents on the dollar) Page 62 Doing Business 2020 Czech Republic Details – Resolving Insolvency in Czech Republic – Measure of Quality Answer Score Strength of insolvency framework index (0-16) 14.0 Commencement of proceedings index (0-3) 2.5 What procedures are available to a DEBTOR when commencing insolvency proceedings? (a) Debtor may file for 1.0 both liquidation and reorganization Does the insolvency framework allow a CREDITOR to file for insolvency of the debtor? (b) Yes, but a creditor 0.5 may file for liquidation only What basis for commencement of the insolvency proceedings is allowed under the insolvency framework? (a) (c) Both (a) and (b) 1.0 Debtor is generally unable to pay its debts as they mature (b) The value of debtor's liabilities exceeds the value options are available, of its assets but only one of them needs to be complied with Management of debtor's assets index (0-6) 5.5 Does the insolvency framework allow the continuation of contracts supplying essential goods and services to the Yes 1.0 debtor? Does the insolvency framework allow the rejection by the debtor of overly burdensome contracts? Yes 1.0 Does the insolvency framework allow avoidance of preferential transactions? Yes 1.0 Does the insolvency framework allow avoidance of undervalued transactions? Yes 1.0 Does the insolvency framework provide for the possibility of the debtor obtaining credit after commencement of Yes 1.0 insolvency proceedings? Does the insolvency framework assign priority to post-commencement credit? (a) Yes over all pre- 0.5 commencement creditors, secured or unsecured Reorganization proceedings index (0-3) 3.0 Which creditors vote on the proposed reorganization plan? (b) Only creditors 1.0 whose rights are affected by the proposed plan Does the insolvency framework require that dissenting creditors in reorganization receive at least as much as Yes 1.0 what they would obtain in a liquidation? Are the creditors divided into classes for the purposes of voting on the reorganization plan, does each class vote Yes 1.0 separately and are creditors in the same class treated equally? Creditor participation index (0-4) 3.0 Does the insolvency framework require approval by the creditors for selection or appointment of the insolvency Yes 1.0 representative? Does the insolvency framework require approval by the creditors for sale of substantial assets of the debtor? Yes 1.0 Does the insolvency framework provide that a creditor has the right to request information from the insolvency No 0.0 representative? Does the insolvency framework provide that a creditor has the right to object to decisions accepting or rejecting Yes 1.0 creditors' claims? Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Page 63 Doing Business 2020 Czech Republic Employing Workers Doing Business presents detailed data for the employing workers indicators on the Doing Business website (http://www.doingbusiness.org). The study does not present rankings of economies on these indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business. 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 Hiring To make the data comparable across economies, several assumptions about the worker and the (i) whether fixed-term contracts are prohibited for permanent business are used. tasks; (ii) maximum cumulative duration of fixed-term contracts; (iii) length of the maximum probationary period; (iv) minimum The worker: wage;(v) ratio of minimum wage to the average value added per - Is a cashier in a supermarket or grocery store, age 19, with one year of work experience. worker. - Is a full-time employee. - Is not a member of the labor union, unless membership is mandatory. Working hours (i) maximum number of working days allowed per week; (ii) The business: premiums for work: at night, on a weekly rest day and overtime; - Is a limited liability company (or the equivalent in the economy). (iii) whether there are restrictions on work at night, work on a - Operates a supermarket or grocery store in the economy’s largest business city. For 11 weekly rest day and for overtime work; (iv) length of paid annual economies the data are also collected for the second largest business city. leave. - Has 60 employees. - Is subject to collective bargaining agreements if such agreements cover more than 50% of the Redundancy rules food retail sector and they apply even to firms that are not party to them. (i) whether redundancy can be basis for terminating workers; (ii) - Abides by every law and regulation but does not grant workers more benefits than those whether employer needs to notify and/or get approval from third mandated by law, regulation or (if applicable) collective bargaining agreements. party to terminate 1 redundant worker and a group of 9 redundant workers; (iii) whether the law requires employer to reassign or retrain a worker before making worker redundant; (iv) whether priority rules apply for redundancies and reemployment. Redundancy cost (i) notice period for redundancy dismissal; (ii) severance payments, and (iii) penalties due when terminating a redundant worker. Data on the availability of unemployment protection for a worker with one year of employment is also collected. Page 64 Doing Business 2020 Czech Republic Employing Workers - Czech Republic Details – Employing Workers in Czech Republic Answer Hiring Fixed-term contracts prohibited for permanent tasks? No Maximum length of a single fixed-term contract (months) 36.0 Maximum length of fixed-term contracts, including renewals (months) 108.0 Minimum wage applicable to the worker assumed in the case study (US$/month) 697.6 Ratio of minimum wage to value added per worker 0.3 Maximum length of probationary period (months) 3.0 Working hours Standard workday 8.0 Maximum number of working days per week 6.0 Premium for night work (% of hourly pay) 10.0 Premium for work on weekly rest day (% of hourly pay) 10.0 Premium for overtime work (% of hourly pay) 25.0 Restrictions on night work? No Restrictions on weekly holiday? No Restrictions on overtime work? No Paid annual leave for a worker with 1 year of tenure (working days) 20.0 Paid annual leave for a worker with 5 years of tenure (working days) 20.0 Paid annual leave for a worker with 10 years of tenure (working days) 20.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in working days) 20.0 Redundancy rules Dismissal due to redundancy allowed by law? Yes Third-party notification if one worker is dismissed? No Third-party approval if one worker is dismissed? No Third-party notification if nine workers are dismissed? No Third-party approval if nine workers are dismissed? No Retraining or reassignment obligation before redundancy? No Priority rules for redundancies? No Priority rules for reemployment? No Redundancy cost Notice period for redundancy dismissal for a worker with 1 year of tenure (weeks of salary) 8.7 Notice period for redundancy dismissal for a worker with 5 years of tenure (weeks of salary) 8.7 Notice period for redundancy dismissal for a worker with 10 years of tenure (weeks of salary) 8.7 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure, in weeks of salary) 8.7 Severance pay for redundancy dismissal for a worker with 1 year of tenure (weeks of salary) 8.7 Severance pay for redundancy dismissal for a worker with 5 years of tenure (weeks of salary) 13.0 Page 65 Doing Business 2020 Czech Republic Severance pay for redundancy dismissal for a worker with 10 years of tenure (weeks of salary) 13.0 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure, in weeks of salary) 11.6 Unemployment protection after one year of employment? Yes Page 66 Doing Business 2020 Czech Republic Business Reforms in Czech Republic From May 2, 2018 to May 1, 2019, 115 economies implemented 294 business regulatory reforms across the 10 areas measured by Doing Business. Reforms inspired by Doing Business have been implemented by economies in all regions. The following are reforms implemented since Doing Business 2008. =Doing Business reform making it easier to do business. = Change making it more difficult to do business. DB2018 Starting a Business: The Czech Republic made starting a business less expensive by introducing lower fees for simple limited liability companies. Paying Taxes: The Czech Republic made paying taxes more complicated by introducing new requirements for filing VAT control statements. DB2017 Starting a Business: The Czech Republic made starting a business easier by reducing the cost and the time required to register a company in commercial courts by allowing notaries to directly register companies through an online system. Getting Electricity: The Czech Republic made getting electricity faster by designating personnel to deal with all incoming connection applications. DB2015 Starting a Business: The Czech Republic made starting a business easier by substantially reducing the minimum capital requirement and the paid-in minimum capital requirement. Getting Credit: The Czech Republic improved access to credit by adopting a new legal regime on secured transactions that allows the registration of receivables at the collateral registry and permits out-of-court enforcement of collateral. Enforcing Contracts: The Czech Republic made enforcing contracts easier by amending its civil procedure code and modifying the monetary jurisdictions of its courts. DB2014 Registering Property: The Czech Republic made transferring property more costly by increasing the property transfer tax rate. Enforcing Contracts: The Czech Republic made enforcing contracts easier by simplifying and speeding up the proceedings for the execution and enforcement of judgments. Employing Workers: The Czech Republic abolished the minimum wage for young workers. DB2013 Registering Property: The Czech Republic made registering property easier by allowing the cadastral office online access to the commercial registry’s database and thus eliminating the need to obtain a paper certificate from the registry before applying for registration at the cadastre. Paying Taxes: The Czech Republic made paying taxes faster for companies by promoting the use of electronic facilities. Trading across Borders: The Czech Republic reduced the time to export and import by allowing electronic submission of customs declarations and other documents. Employing Workers: The Czech Republic increased the maximum duration of fixed-term contracts and reduced the severance pay applicable in cases of redundancy dismissals of employees with one year of service. DB2012 Registering Property: The Czech Republic speeded up property registration by computerizing its cadastral office, digitizing all its data and introducing electronic communications with notaries. Paying Taxes: The Czech Republic revised its tax legislation to simplify provisions relating to administrative procedures and relationships between tax authorities and taxpayers. DB2011 Paying Taxes: The Czech Republic simplified its labor tax processes and reduced employer contribution rates for social security. Resolving Insolvency: The Czech Republic made it easier to deal with insolvency by introducing further legal amendments to restrict setoffs in insolvency cases and suspending for some insolvent debtors the obligation to file for bankruptcy. DB2010 Dealing with Construction Permits: The Czech Republic streamlined its construction permitting process by reducing the internal processing time for registering new plots. Registering Property: The Czech Republic made registering property easier through ongoing reorganization of the registry combined with computerization. Page 67 Paying Taxes: The Czech Republic made paying taxes easier for companies by making electronic filing mandatory for all taxes and introducing a single tax institution Doing Business 2020 Czech Republic DB2009 Starting a Business: The Czech Republic reduced the time and number of procedures to start a business by introducing “Project Czech Point,” which makes it possible to obtain multiple registration-related documents in one place. Getting Credit: The Czech Republic weakened its secured transactions framework by decreasing secured creditors’ rights during reorganization procedures. Paying Taxes: The Czech Republic made paying taxes less costly for companies by reducing the corporate income tax rate. Resolving Insolvency: The Czech Republic strengthened its insolvency process through a new insolvency law introducing reorganization as the preferred method for resolving insolvency, mandating stricter deadlines, establishing an electronic insolvency register and setting new qualification standards for trustees. Employing Workers: Czech Republic amended its Labor Code allowing the performance of more overtime work per week. DB2008 Starting a Business: The Czech Republic reduced the time required to start a business by fully implementing improvements in its company registration process. Dealing with Construction Permits: The Czech Republic reduced the time required for dealing with construction permits by adopting a new building act and implementing several regulations aimed at simplifying the construction permitting process. Employing Workers: : The Czech Republic eliminated the obligation for retraining or reassignment in cases of redundancy dismissals. Page 68 Doing Business 2020 Czech Republic Page 69