On May 8, Minister of Economy and Trade Sami Haddad said he would submit a bill to the cabinet to streamline the existing business registration process in Lebanon by introducing “one of a series of reform initiatives that will help create a business friendly environment in the country.”
Talk of reform may seem particularly hollow as parliament has not been convened since November, but Haddad said the new system could be in place by the end of the year as it does not require amending existing legislation or introducing any new laws. While the reforms fall well short of the legislative overhaul required for Lebanon to enter the World Trade Organization, if adopted, they will significantly reduce the bureaucratic mess potential entrepreneurs must wade through to set up shop.
The plan will standardize the documentation necessary to register a company and will introduce a uniform payment system, which should reduce the time, cost and complexity of current procedures by 45%, said project manager GeorgesNicolas, who oversaw the program as part of an agreementLebanon signed in 2006 with the International FinanceCorporation (IFC), the private sector arm of the World Bank.
The long-term solutions recommended by the IFC – which include reducing start-up costs and initial capital requirements and abolishing the mandatory use of a notary public, sworn translator, lawyer and auditor – would further cut fees to 80% of the current costs, but may be slow to arrive. Nicolas said that his team also proposed a short-term solution that can be introduced in two or three months because it does require changing laws.
The IFC drafted the new procedures based on the results of a survey of 250 Lebanese companies to determine the regulatory obstacles that businesses have encountered.
The introduction of a single standard document, designed by the IFC, is one of the most important improvements of the proposed procedures, said Nicolas. Currently, the procedure costs $2,000 because each business must hire a lawyer to design individual registration forms. “The second most significant solution is one application, one payment, one interface,” he said.
Under the current system, a business owner must make separate visits to pay fees to the Ministries of Finance,Justice, and Economy and Trade, as well as the NationalSocial Security Fund and the Commercial Registry. The singleIFC document can be submitted to all agencies and prospective entrepreneurs can pay all fees and collect all forms at the nearest Liban Post branch.
Though the IFC says it has “encountered absolutely no resistance” from any parties involved, Nicolas acknowledged that the government anticipates resistance from some parties– like the Lebanese Bar Association (LBA) – to some of the long-term solutions. In the past, the LBA has lobbied against legislation that would reduce the need for legal counsel. But, given the limited scope of the first round of measures, any substantial opposition remains unlikely.Though the current proposal reduces the time to start a company, the costs will remain high. Any change in fees must be included in the state’s budget proposal, which needs parliamentary approval.
Aside from the few parties with a vested interest in maintaining the status-quo, few in the private sector or government are in favor of the current bureaucratic labyrinth. It takes an average of 46 days to incorporate a company in Lebanon, according to the World Bank’s annualEast of Doing Business Survey, which ranked the country 116out of 175. In 70 countries, it costs between 0% to 10% of per capita income to establish a business, while in Lebanon it costs over 100% of the $6,200 per capita income. The IFC’s mapping study, for example, showed that incorporating a joint stock company in Lebanon took between 12 to 49 days, and required 17 to 24 different trips, 21 to 25 separate forms, and cost $3,500 to $4,000 in fees to lawyers, notaries, and various state agencies.
The main regulatory obstacles to starting a business cited by the IFC study were the length of time and number of visits required; high registration fees; the inconvenience of trips and the quality of service provided by state agencies; “complexity”; and the difficulty of preparing documents for submission to the commercial registry.
For the new procedures to take hold, the government still needs to sign a Memorandum of Understanding with LibanPost, train employees in relevant agencies, and CommercialRegistry judges must accept the new application package.While the measures seem relatively uncontroversial, some remain skeptical about the government’s willingness to introduce even limited changes in a politically charged environment.
Lysandra Ohrstrom is a journalist on the Beirut Daily Star and a regular contributor to the Lebanon Examiner
