2009年-世界发展银行全球_Business_Registration_Reform_Case_Studies___Ireland_31页_875kb

Business Registration Reform Case Studies Summary

Core Content

This document presents a case study on the business registration reform in Ireland, highlighting the challenges, processes, and outcomes of the reform, as well as drawing broader lessons from similar reforms in other countries such as Bulgaria, Estonia, Madagascar, and Malaysia. The reform was part of a broader effort to improve the investment climate and support economic growth in developing and transition economies.

Main Points

• Investment Climate Advisory Services (ICAS) of the World Bank Group assists governments in improving business regulations and attracting investments.
• The reform process in all case studies aimed to simplify procedures, reduce costs, increase transparency, and improve compliance.
• Top-level support is critical for the success of business registration reforms, especially during periods of economic growth or instability.
• Legal frameworks are essential for ensuring that business registries are accurate, up-to-date, and legally binding.
• Technology plays a significant role in improving efficiency, but its implementation requires legal recognition of electronic signatures and documents.
• One-stop-shop approaches can reduce the burden on businesses, but their effectiveness depends on the type of service (postal, physical, or network-based).
• Public access to legally binding information is a key component of effective business registration systems.

Key Information from Case Studies

Ireland

• Background: Ireland joined the European Community (EC) in 1973, and its Companies Act of 1963 was based on British law. The CRO was responsible for business registration and enforcement, but prior to the reform, compliance with annual return obligations was low, and the registry was outdated and not legally binding.
• Reform Planning: The reform was initiated by the Department of Enterprise, Trade and Employment (DETE) in the late 1990s. A Working Group on Company Law Compliance and Enforcement was formed, leading to the McDowell Report, which recommended changes to enforcement and penalty systems.
• Reform Dimensions:
  • Legislative Reform: The Companies Law Review Group (CLRG) consolidated over 100 sections of law into a single act, emphasizing private limited companies as the standard model.
  • Institutional Reform: The CRO gained more autonomy and established monitoring and evaluation mechanisms.
  • Business Process Re-engineering: Introduction of e-filing systems, including the CRODisk service, to streamline procedures.
  • ICT Applications: Implementation of electronic documents and signatures, supported by the Electronic Commerce Act of 2000.
• Post-Reform Performance:
  • Compliance rate with annual returns increased from 13% in 1997 to 77% in 2007.
  • The introduction of e-filing reduced registration time to one day.
  • A penalty system was introduced, with fines up to €1,200 per return for late filings.
• Funding and Implementation: The reforms were funded from the CRO's operational budget, with no external donor support. The CRO managed the process internally and engaged in stakeholder consultations and training programs.
• Impact: The reform significantly improved the efficiency and reliability of the business registration system, making Ireland a leader in business registration systems in the world.

Other Countries

• Bulgaria: The reform faced challenges due to lack of legislative will, insufficient funding, poor organizational structure, and weak HR management.
• Estonia: Introduced an e-registration system, which became efficient after a two-hour deadline was set by the Minister of Justice. The number of enterprises registered increased by 130% from 1998 to 2008.
• Madagascar: A donor-initiated one-stop shop reform led to significant simplification of procedures, with registration in Antananarivo completed in one step within 5–7 days. The number of new businesses increased by 158% from 1998 to 2007.
• Malaysia: Established the Companies Commission of Malaysia (CCM) as an autonomous agency to support the private sector. The reform introduced e-filing, reducing registration time to one day and increasing registrations by 58% from 2001 to 2008.

Summary and Key Characteristics of the Reform

• Context: The reform was politically driven to address poor compliance with registration obligations.
• Baseline Data: 13% compliance rate in 1997; goal of 100% compliance was set.
• Post-Reform Performance: Compliance rate reached 77% in 2007.
• Scope: Included legislative changes, institutional restructuring, process re-engineering, and ICT integration.
• Funding: Entirely funded from CRO's operational budget.
• Organization: CRO management led the process, supported by autonomy agreements and stakeholder involvement.
• Methodology: Goal-oriented and risk-driven approach, with regular monitoring and evaluation.
• Stakeholder Involvement: User committees, IT and accountants committees were formed for consultation and testing.
• Training and Awareness: Extensive staff training and a country-wide awareness program with live demonstrations were implemented.

Lessons from the Case Studies

• Top-level support is essential for successful reform.
• Legal clarity and enforceability are key to ensuring accurate and reliable registries.
• Technology enhances efficiency, but requires legal recognition.
• One-stop-shop models can reduce administrative burdens, but their effectiveness depends on implementation approach.
• Public access to legally binding information is vital for protecting third parties and ensuring transparency.