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2006 Scorecard: URUGUAY

Back to 2006 Scorecard

Criteria
Score (4-0)
Rationale
Laws on VC/PE fund formation and operation
1
Fideicomiso (trust) legal figure exists but it's less than ideal and not designed specifically for PV/VE funds (interview)
Tax treatment of VC/PE funds & investments
2
Corporate tax rate is relatively low (30%) but individuals and locally constituted firms and financial institution pay a net worth tax on assets held in country; it stands at 2.8% for financial institutions. Stocks issued on the exchange are not counted against the issuer's net worth. Capital gains are taxed as part of normal corporate income and are inflation-adjusted. Dividends to local shareholders are tax-exempt, as are paid by one company to another. Dividends remitted abroad are taxed at 30%. There is no double taxation where profits are also subject to foreign taxation and there is no provision for deduction of taxes paid in Uruguay (EIU Country Commerce Report).
Protection of minority shareholder rights
1
Weak legal protections for minority rights make shareholder agreements a common resource (CC, interview). However, minority shareholders have fairly strong ability to take legal action against board decisions (World Bank).
Restrictions on institutional investors (pension funds, insurance firms) investing in VC/PE
1
Institutional investors may only invest in rated instruments (interview).
Protection of intellectual property rights
2
Economist Intelligence Unit IP Protection Index. Assessment of the protection of intellectual property in this country.
Bankruptcy procedures/creditors' rights/partner liability in cases of an invested company's bankruptcy
1
Lengthiness of bankruptcy proceedings a concern, and partner liability remains considerable (interview, EIU Country Commerce Report).
Capital markets development and feasibility of exits (ie, local IPOs)
1
Average of Economist Intelligence Unit's Indices for Stockmarket, Financial distortions, Foreigners' access to capital market and Access to investment finance
Registration/reserve requirements on inward investments
3
Simple registration rules, no reserve requirements (interview, EIU Country Commerce Report).
Corporate governance requirements
1
Weak transparency of finances and decision-making. Weak disclosure requirements and board review powers (EIU Country Commerce Report, World Bank, interview).
Strength of the judicial system
2
Economist Intelligence Unit's Fairness of judicial process ranking. Assessment of the extent to which the legal process/the courts can be interfered with or distorted to serve particular interests.
Perceived corruption
2
Economist Intelligence Unit's Corruption Index. Assessment of the pervasiveness of corruption among public officials.
Quality of local accounting industry/use of international standards
4
International standards in use (interview).