High Time for Another Breakthrough: Review of the Enterprise Law and Recommendations for Change

High Time for Another Breakthrough: Review of the Enterprise Law and Recommendations for Change

June 20, 2013

The report assesses the content of each provision and section of the Enterprise Law.  As a result, the report is organized according to the same structure as the EL itself.  The extent to which each provision is assessed depends on the level of problems that have arisen from application of the respective provision.

Assessment of individual provisions covers each of the following main areas: (i) objectives; (ii) main content; (iii) completeness, level of detail and reasonableness (or lack thereof); (iv) effectiveness, i.e, whether the EL has made a difference and to what extent this difference is attributable to the content of a provision and its enforcement; (v) problems that have arisen and the issues to be dealt with; and (iv) reasoning behind suggested solutions.

The following materials were used in preparation of this report: (i) past assessment reports on the EL, in particular those written by the Taskforce on Enforcement of the Enterprise Law and by other interested experts and researchers; (ii) assessments and opinions from relevant experts; (iii) sources on typical difficulties, problems and disagreements amongst enterprises and between enterprises, investors and relevant State bodies; (iv)  sources on difficulties and problems from the perspective of State bodies in the enforcement of the EL; (v) sources from the region and throughout the world on experiences and trends in reforming State laws on enterprise management at the macro-level and firm-level administration at the micro-level.

Regions and Countries