Курсовая работа: Private sector and human-resource development in Georgia

Source: State Department of Statistics of Georgia, author's estimates.  The data for Ozurgeti clearly contain an error.

Table 2. Annual Tea Leaf Production in Georgia, 1985-2001

(tons)

Source: State Department of Statistics of Georgia

Table 3. Tea Leaf Production by Regions, tons

Source: State Department of Statistics of Georgia, author's estimates

Table 4. Tea Processing, 1994-2001

(tons)

Source: State Department of Statistics

Table 5. Georgia’s Tea Trade

Source: State Department of Statistics, author’s estimates

Table 6. Top 10 Export Destinations of Georgian Tea, 1994-2001

Source: State Department of Statistics, author’s estimates

Table7. Household Contribution to Total Production

All of Georgia excluding Abkhazia

Source: State Department of Statistics, author's estimates

3.3  Trade

3.4  Construction

Overview of Georgian Construction Sector. Georgian construction sector mainly consists of civil, industrial, hydro-technical, transport, and communication construction projects.

The construction sector was established long before the formation of the country as a legal state and has passed from primitive buildings to complicated and sophisticated complexes. Throughout various stages of the country’s development, buildings and other construction projects reflect the period in which they were built. For nearly the last two centuries Georgia was part of the Russian empire and the Soviet Union, thus, the development of the construction sector was in accordance with the laws and conditions accepted by Russia and the FSU, i.e. massive construction of industrial facilities. During that period the construction sector employed almost 250,000 people and produced construction materials worth approximately US$1.5 million annually.

After the collapse of the Soviet Union, the Georgian construction sector ceased development, which was mainly caused by the political, social and economic conditions of the country (i.e. a coup, civil war, and armed conflicts in Abkhazia and South Osetia), and also by non-efficient, highly energy consuming technologies and outdated equipment and machinery. As a result, almost one hundred percent of the construction factories and facilities ceased functioning.

During the early ‘90s, when Georgia became independent and positioned itself towards democracy and integration into the world economy, the Georgian construction sector realized that it was totally unprepared to meet the demands and standards of country’s development phase. The main negative aspects characterizing such non-preparedness were:

1.    Non-efficient and partially destroyed equipment and machinery.

2.    Lack of investment in majority spheres of construction (except private construction).

3.    Weak management of the sector from the government’s side.

4.    Lack of professional managers and specialists with knowledge of international principles.

5.    Great need of specialized trainings for the staff.

6.    Harsh economic condition of scientific, projecting and architecture institutions.

7.    Import of foreign construction materials and workforce.

Among other important factors, considering the importance and crucial character of the construction industry for the country’s economic development, the Georgian government made several positive steps towards rehabilitation of the construction industry to create a favourable investment environment including passing the law on promotion and guarantee of foreign investment activities, and instituting a process of restructuring and privatisation.  A few years ago the government of Georgia launched a process of restructuring and privatisation of large Soviet era construction enterprises. As a result, various non-efficient, illiquid and monster enterprises have changed their organizational structure and been converted into small cost and energy efficient, liquid plants. Derived from the privatisation process the majority of state construction companies have become private joint stock and limited liability companies. In addition, a huge number of uncompleted construction sites have been privatised and completed.

Main Indicators of Development in the Construction Sector. The slight revival and positive trends in the construction sector have been noticed since 1995 – the period when the Georgian national currency the Lari (GEL) was introduced.

The table below indicates the main financial flow in the construction sector during 1995-2002 (first nine months).

Source: Ministry of Construction and Urbanization

* The construction of dwellings in Georgia is mainly based on up-front deposits made by people who will live there after the construction is completed. 

 According to the table investments in main capital from 1995-2002 constitutes 2396 million Georgian Lari (1109 million USD) which includes: Government investment – 906 million GEL (419 million USD) – 37.8%, personal funds of the population – 335 million GEL (155 million USD) – 14.0%, foreign investment – 1155 million GEL (534 million USD) – (48.2%). Derived from this data we can state that investment in main capital shows a trend toward a positive increase (+2.7) from 1995-2001 compared to 1995.  In addition, the increase in foreign investment is quite noticeable.  This was mainly due to the construction of the oil pipeline and Supsa oil terminal in 1998.

In 2002 the positive developments in the construction sector continue to accelerate, resulting in construction of 545 buildings, among theses are the construction of a new Marriott hotel, 62 stores, 38 gas stations, and 12 food outlets (all in Tbilisi).

Market demand (Construction Materials). Even though several local construction material manufacturing plants have been restructured and rehabilitated, the goods manufactured by them do not have a high demand among Georgian customers. Mainly this is due to low quality and narrow assortment. The only Georgian made product of comparatively good quality is cement, produced by the Rustavcement and Kaspicement companies. This situation represents a good opportunity for U.S. firms to invest in and/or upgrade local building materials manufacturing plants. Presently, product imported from Turkey, Dubai, Iran and Russia occupies almost 95% of the Georgian building materials market. Even though they are perceived to be of a lower quality, the majority of people still buy them because of the low price. Nevertheless, another Georgian customer segment, the high income family, still prefers building materials made in the U.S. or Europe, due to the high quality and regardless of the higher price.

The following imported materials are in the highest demand on the Georgian market:

·      Ceramic Products (tile, mats)

·     Insulated American style windows, doors.

·     Various colored wood and flooring materials.

·     Heat, ventilation, air conditioning systems.

·     Roofing materials

·     Varnish paints

·     Plastic tubes for water communication

·     Wallpapers

·     Lights and bulbs

·     Vinyl sidings

Due to the growing wave of construction, a large market share still remains unoccupied and is ready for new companies and potential investors. The construction sector will play an essential and important role in Georgia’s further economic development and integration into the world economy.

4.1  Company Registration and Licensing System

4.1.1     Company Registration System

Enterprise register. Registration of an enterprise is to be carried out by the Court by making due records in the Enterprise Register. The information concerning the registration is to be recorded into the Register Card. The Register Card specimens are presented below:

Registration card (sample) for Limited Liability Companies (LLC)

Registration card (sample) for Joint Stock Companies (JSC)

The Law on Entrepreneurs provides that data on newly registered companies should be published in the official newspaper. The Law also guarantees information on any company entered into the enterprise register held by courts be available to the public. Any person should be able to view the records and obtain extracts from the registration file.
Procedure for registering (establishing) an enterprise. Figure 4.1.1.1 provides an outline of the sequence of the procedures to register and establish a business in Georgia.

Figure 4.1.1.1 Business Registration Procedures

* Statistical Department registration and stamp approval. Although the law no longer requires these procedures, they are still being followed by some entities and required by certain authorities due to uncertainty, lack of information, and corruption.

In practice, the entire registration process reportedly takes 2 to 3 weeks. However, it is possible to register a company within few days by means of unofficial payments.

Registration with the Local Court. In accordance with the procedures set forth in the Law on Entrepreneurs, all legal businesses are required to register at the local court that has jurisdiction over the legal address of the enterprise. Further, all registered companies are required to officially record any changes in their registration data.

In order to register an LLC, the following documents must be submitted to a local court:

(1)        Application form signed by the founders. Application form must include:

Firm name (firm);

Organizational and legal form;

Location (legal address);

Subject of the activity;

Information on the start and end of the fiscal year;

For each founder - the family name, first name, date and place of birth, occupation and place of residence of the entrepreneur;

Representative authorities.

(2)        Charter (five copies)

(3)        Minutes of the foundation meeting

(4)        Founder’s decision to set up the company

(5)        Director’s sample of signature

(6)        Document confirming the legal address of the company (this may be a lease agreement, a certificate issued by manager of the company that subleases the office space, or notarised consent of the owner of a flat)

(7)        Copy of the company founder’s passport, if the founder is an individual person; or a registration certificate (e.g., extract from the register of enterprises), if the founder is a legal entity. If the founder is a Georgian company, the certificate of the local court should be less than 1 week old.

(8)        The amount of the authorized equity capital and the documents confirming payment of at least 50 percent of the equity capital (a certificate from the bank or, for in-kind contributions, an auditor’s assessment of its value)

(9)        A document confirming payment of the registration fee.

To register a JSC, the decision of the supervisory board to appoint directors is required in addition to the above-listed documents.

The following supporting documents are required to register a branch or a representative office:

(1)        Charter of the foreign company

(2)           Decision of the foreign company to set up the representative office

(3)        Document certifying the solvency of the foreign investor (e.g., a letter from a foreign bank or a foreign tax service)

(4)        Bylaws of the representative office.

All registration documents must be submitted in the Georgian language and must be notarized. Foreign documents must be certified by an apostille[21] or undergo a procedure of legalization and be translated by a certified translator.

According to the  law, the courts are required to process registration applications within 7 days. Registration of amendments to a charter or any other changes to entries are to be processed within 7 days. No official expedited service is available, but reportedly registration can be performed in 1 day if the court registrar has the time and if an additional unofficial payment is made (roughly 100–400 GEL).  Box II.2 provides a summary of the official registration fees.

A company receives a court resolution when the company is registered. The law on entrepreneurs provides automatic registration by default if the court fails to respond within 7 days.

If a company changes its legal address to an address that falls within the jurisdiction of another local court, the company is not required to change its court registration and its registration file stays at the initial court of registration. However, the company must re-register with the local tax office that has jurisdiction over the new legal address.

Registration Fees. Registration fees are determined by the company’s legal form. The court stamp duty is currently $180 to register a JSC, $80 to register a LLC, $90 to register a branch of a JSC, and $40 to register a branch of a LLC. Fees for registering changes to entries are half of the fee for registering the respective type of company (i.e. $40 to register changes for an LLC and $90 for a JSC).

All the payments charged for notarization of an enterprise’s charter are different in each case and depend on the amount of the authorized capital. The percentage of the amount to be paid is reduced with the increase of the authorized capital and ranges from 3 to 0.05 per cent of the authorized capital. The charge must not be less than GEL 25 and must not be more than GEL 50. It should be noted that a 20% VAT is added to the sum charged for the notarization.

Peripheral services can be provided by private lawyers and related professionals at additional cost. Lawyer charge in the range of $300-600 to draft a company’s charter and to provide advice. A notary public typically charges about $30 to certify the documents and about $2 per page to certify copies of the documents.

Taxation Department Registration. In accordance with the Cabinet of Ministers Decree 899 (December 31, 1994), within 10 days of completing the company registration process, an investor must register with the local office of the taxation department that has jurisdiction over the legal company address. This registration requirement applies to all tax types except the value-added tax (VAT). VAT registration is required for all firms with total taxable transactions greater than GEL 24,000.

A taxpayer registration application package should contain the following documents:

(1)        Taxpayer registration form (4 copies)

(2)        Court resolution showing company registration (notarised copy)

(3)        Charter (original or notarised copy)

(4)        Minutes of the foundation meeting (original or notarised copy)

(5)        Decision to set up the company (original or notarised copy)

(6)        Director’s sample of signature (notarised)

(7)        Document confirming the legal address of the company (original or notarised copy).

In accordance with Decree 899, the Taxation Department is required to issue a taxpayer registration certificate within 10 working days. The compliance with the 10-day limit depends on whether or not operations at local taxation offices are computerized. There is no fee for taxpayer registration.

Taxpayers are assigned a 9-digit taxpayer identification number (TIN). The first digit specifies the taxpayer type (1 is for an individual person, 2 is for a legal entity), the next 7 digits are sequential numbers (each local tax office has its own block of 7-digit sequential numbers), and the last digit is a control digit. There is no relation between a court registration number and a TIN.

If a company changes its legal address, opens a branch, changes bank accounts, or makes any other changes that require registration at the enterprise register, then the investor is required to notify the tax department within 10 days of the change.

As of June 2001, sole proprietorships are no longer required to register with the courts. They need only to register with the relevant local taxation office.

If a company’s total taxable transactions over the previous 12 months equal or exceed 24,000 GEL, the company is required to register for VAT within 1 month of the change in tax liability status. A separate VAT registration certificate is issued.

Stamp Approval. In accordance with the amendments to the Law on Entrepreneurs (effective June 1, 2001), company stamps are no longer required, and state institutions have been explicitly prohibited from requiring a company to present a stamp for any purpose. Information regarding this change in the law apparently has not been widely disseminated because in July 2001, many companies and lawyers still complied with the old requirements for company stamps. Further, it appears that the police department continues to issue stamp approvals (at a fee of 10 GEL) despite the change in the law.

Department for Statistics Registration. Amendments to the Law on Entrepreneurs and the Administrative Code have eliminated the requirement that a business must register with the Department of Statistics. Under the new regulations, this requirement has been replaced by a notification process between the courts and the Department of Statistics. The new regulations may be summarized as follows:

In accordance with the Law on Entrepreneurs,[22] the courts are required to send copies of the court business registration resolutions to the Statistical Department on a monthly basis. This information should be submitted by the 5th day of every month.

On June 19, 2001, parliament amended the Law on Entrepreneurs and abolished the provision that the courts must assign tax and statistics codes when a company has registered with the relevant bodies.

Amendments[23] to the Administrative Code in July 2001 have removed the provision that companies must provide a statistical code in order to open a commercial bank account.

However, in practice, companies throughout Georgia still go to the central bureau of the statistical department in Tbilisi to register in order to comply with the previous provisions of the law.

Public Availability of Information. Company registration data are recorded in the registration card as approved under the law (see in the above). The same format is used to respond to requests for company registration information. The following information is required to complete a registration card:

·     Name of the local court

·     Court registration number

·     Company name

·     Address

·     Activities

·     Equity capital

·     Names of partner(s), their occupations, and addresses

·     Names of director(s), their occupations, and addresses

·     Members of the supervisory board, their occupations, and addresses (if a supervisory board was established)

·     Representation powers of director(s)

·     Trade representative (procurator)

·     Legal status

·     Date of registration

·     Remarks

As mentioned above, a company may be registered in any one of 66 local courts throughout Georgia.

4.1.2     Company Licensing System 

General. The law of Georgia on "Licensing of Entrepreneurial Activity" adopted on 14 May, 1999 defines those business activities which can be carried out only by licenses issued by the corresponding state agencies.

The law lists those types of business activities about which corresponding state bodies must be notified. The law does not cover export-import relations, environmental control and utilization of natural resources, electric power, oil and natural gas, communication and post services, where licensing procedures are regulated by special legal acts.

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