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ADB-OECD Workshop on Enhancing Financial Accessibility for SMEs

2013/3/6 Session 2

Secured Transactions Reform in the Pacific Islands


Aaron Levine Business Law Reform Advisor Pacific Private Sector Development Initiative

Manila, March 2013

Outline
1. Background the Pacific 2. Why undertake reform 3. The Pacific Private Sector Development Initiative (PSDI) 4. The process of reform 5. The results

ADB-OECD Workshop on Enhancing Financial Accessibility for SMEs

2013/3/6 Session 2

Pacific countries we cover

Key Facts about the Pacific


Spanning approx 25% of the Earths surface 11 million people, growing to 16.5 million by 2035 Predominantly ex-Commonwealth countries with English common law systems Heavily reliant on foreign investment and foreign aid Almost every business is an SME

ADB-OECD Workshop on Enhancing Financial Accessibility for SMEs

2013/3/6 Session 2

Harder to do business

Easier to do business

Source: World Bank DBI 2012

ADB-OECD Workshop on Enhancing Financial Accessibility for SMEs

2013/3/6 Session 2

Slower enforcement

Faster enforcement

Source: World Bank DBI 2012

Pacific Private Sector Development Initiative


ADB / Australian AID funded programme covering 14 Pacific developing countries Business Law Reform Access to Finance State-Owned Enterprise Reform Removing barriers to private sector development

ADB-OECD Workshop on Enhancing Financial Accessibility for SMEs

2013/3/6 Session 2

The Process of Reform


Detailed analysis Private sector assessments Consultation private/public dialogue Technology solutions and implementation

Factors which impact results


Reform Fatigue Country buy-in Political instability Law v Implementation technology Judicial and Lawyer Capacity Building Adaptation of court processes and rules

ADB-OECD Workshop on Enhancing Financial Accessibility for SMEs

2013/3/6 Session 2

PSDI Secured Transactions Reforms


 Act passed 2007  Registry live  Act passed 2012  Registry live  Act passed 2011  Registry procured  Act passed 2008  Registry live  Act passed 2008  Registry live  Bill in parliament final reading  Act passed 2006  Registry live

 Assistance request received

 Act passed 2010  Registry live

A brief technical snapshot


They give one simple set of rules allowing ANYONE to give security in their personal property. No more expensive forms to prepare. If there is possible conflict between creditors, this is anticipated and resolved with specific priority rules. The online registries are easy to use and a cheap way to warn creditors or buyers about other claims over personal property. On default, the recovery process is simpler, cheaper and less court-reliant.

ADB-OECD Workshop on Enhancing Financial Accessibility for SMEs

2013/3/6 Session 2

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