Legal Vice Presidency The World Bank Enforcement of Secured Rights SURVEY Commercial Enforcement and...

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Enforcement of Secured Rights Enforcement of Secured Rights SURVEY SURVEY Commercial Enforcement and Insolvency Systems Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World Bank

Transcript of Legal Vice Presidency The World Bank Enforcement of Secured Rights SURVEY Commercial Enforcement and...

Page 1: Legal Vice Presidency The World Bank Enforcement of Secured Rights SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World.

Legal Vice PresidencyThe World Bank

Enforcement of Secured RightsEnforcement of Secured Rights

SURVEYSURVEYCommercial Enforcement and Insolvency SystemsCommercial Enforcement and Insolvency Systems

Legal Vice PresidencyThe World Bank

Page 2: Legal Vice Presidency The World Bank Enforcement of Secured Rights SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World.

Legal Vice PresidencyThe World Bank

Enforcement of security perceived as easy and predictable

38%

63%

91%

45%

89%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Africa EAP & SA ECA LAC Industrial

Page 3: Legal Vice Presidency The World Bank Enforcement of Secured Rights SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World.

Legal Vice PresidencyThe World Bank

Secured creditor may sell securitywithout court intervention

38%

57%64%

45%

56%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Africa EAP & SA ECA LAC Industrial

Page 4: Legal Vice Presidency The World Bank Enforcement of Secured Rights SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World.

Legal Vice PresidencyThe World Bank

Frequency of court involvement required to enforce security interests

Always or almost always Frequently SometimesInfrequently Never or almost never

50%50%

75%

13%

13%

55%

36%

9%

64%

18%

9%

9%

40%

50%

10%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Africa EAP & SA ECA LAC Industrial

Page 5: Legal Vice Presidency The World Bank Enforcement of Secured Rights SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World.

Legal Vice PresidencyThe World Bank

Usual timeframe in obtaining judgment for enforcement of security interests

Less than 06 months 06-12 months 12-18 months Longer

14%

14%

29%

43% 43%

14%

14%

29%25%

63%

13%9%

9%

55%

27%

70%

20%

10%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Africa EAP & SA ECA LAC Industrial

Page 6: Legal Vice Presidency The World Bank Enforcement of Secured Rights SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World.

Legal Vice PresidencyThe World Bank

Availability of non-judicial enforcement procedures

50%

25%

45% 45%

56%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Africa EAP & SA ECA LAC Industrial

Page 7: Legal Vice Presidency The World Bank Enforcement of Secured Rights SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World.

Legal Vice PresidencyThe World Bank

Usual timeframe involved in completing non-judicial processes

67%

33%

67%

33%

100%

14%

71%

14%

67%

17% 17%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Africa EAP & SA ECA LAC Industrial

Less than 06 months 06-12 months 12-18 months Longer

Page 8: Legal Vice Presidency The World Bank Enforcement of Secured Rights SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World.

Legal Vice PresidencyThe World Bank

Law allows for parties to agree upon their own default remedies

100%

33%

100%

50%

63%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Africa EAP & SA ECA LAC Industrial