DTIS, Volume I - Enhanced Integrated Framework (EIF)
DTIS, Volume I - Enhanced Integrated Framework (EIF)
DTIS, Volume I - Enhanced Integrated Framework (EIF)
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• Civil Aviation Act of the Maldives 2001 – due to the extensive nature of local<br />
aviation required to service communities and resorts the Act seeks to set<br />
requirements and regulations to regulate air transport operators<br />
• The Law Governing Business Conducted by Foreign Nationals 4/79 which sets<br />
out descriptions and activities of commercial businesses owned by foreigners<br />
• The Maritime Zones Act 1996 – 6/96 which sets out the main internal and<br />
external maritime zones in the Maldives in accordance with the Fisheries Law<br />
5/87, and clarifies licensing for fishing in the EEZ which also relates to the<br />
preceding Law (5/87) and the Marine Research Amendments<br />
• Law relating to Exports and Imports 25/82<br />
• Law on Negotiable Instruments 4/91<br />
• Law on Mortgage 9/93 and related Land Act 2002<br />
Most of this legislation requires review to provide a coherent set of investment and<br />
business rules as well as to strengthen surveillance and reporting of business operations,<br />
especially as the government’s privatization programme takes off.<br />
E. WINDING UP A BUSINESS<br />
Lastly, if a business venture requires liquidation, the length of time to close a business<br />
and the costs involved are worrying to an investor. In such a small country as the<br />
Maldives, a total of 194 days to liquidate a business and 6.7 years to full closure is far too<br />
long (see Table 5.5). The main reasons accounting for this are inadequate civil court and<br />
arbitration systems. As previously noted, the legal system is hampered by a lack of<br />
suitably trained attorneys of law, accountants, auditors and judges. Most business cases<br />
are settled out of court with no or very little information on the actual procedure. Thus<br />
transparency of the procedure practiced is a concern for foreign investors).<br />
Table 5.5: Liquidation and closure parameters (2004)<br />
Indicator<br />
Nature of procedure<br />
1 Number of procedures 28<br />
2 Filing period (days) 14<br />
3 Judgment (days) 90<br />
4 Enforcement period (days) 90<br />
5 Total time required (days) 194<br />
6 Cost (% of debt) 8.7%<br />
Closing a business variables<br />
7 Time (years) 6.7<br />
8 Cost (% of estate) 4<br />
9 Recovery rate (cents on the dollar) 17.1<br />
Source: The mixed record of the Maldives from the Doing Business<br />
Survey<br />
75