WORKING GROUP I:
MEDIUM, MICRO AND SMALL ENTERPRISES
The Mandate
Mandate
The present mandate of Working Group I is to reduce the legal obstacles that confront micro, small and medium enterprises (MSMEs) throughout their lifecycle. To date this work has included:
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consideration of a best practices in business registration;
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work towards the development of a new, simplified limited liability organisation suitable for entrepreneurial and innovation enterprises; and
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liaising with Working Group V to share insights on the nature of MSMEs relevant to the development of an insolvency regime suitable for small scale insolvencies.
A number of models and suggestions have been put to the Working Group indicative of the diverse range of approaches currently adopted by the countries actively contributing to the work of this group. Some of these models have been discussed in dedicated Colloquia, including:
Since 2014, the Working Group has produced one key document and accompanying materials:
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Legislative Guide: UNCITRAL Legislative Guide on Key Principles of a Business Registry (2019)
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Brochure: Brochure Summarising the UNCITRAL Legislative Guide on Key Principles of a Business Registry (2019)
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Explanatory Video: Video UNCITRAL Legislative Guide on Key Principles of a Business Registry (2019)
The future work of the group has been flagged as addressing barriers to access to finance for MSMEs. Difficulties with access to finance were in fact the stimulus for the current mandate of Working Group I. These issues were explored in two colloquia:
Amid UNCITRAL’s work directed at facilitating trade law enabling economic recovery post COVID-19, access to finance for MSMEs has been identified as critical. Consequently, it is high likely that access to finance will become an immediate priority for Working Group I in fulfilling its present mandate:
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Virtual Panel Series: UNCITRAL Texts and COVID-19 Response and Recovery, ‘Assisting Economic Recovery – Targeting MSMEs’ 13 July 2020. (Video Recording of ‘Targeting MSMEs’ Session); (Materials for Virtual Panel Series).
In the past, the mandate of Working Group I has included:
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Procurement (2004-2012)
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Privately Financed Infrastructure Projects (2001-2003)
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Time-limits and Limitation, prescription (1969-1971)
This page was last updated in September 2020.
Registration of MSMEs
Processes reflective of good practice in business registration have been considered extensively by WG I, beginning in 2015. In 2017, the Group discussed the prospect of developing a draft consolidated guide for business registration. Finally, in 2018 the Working Group adopted the text by consensus, before it was endorsed in a resolution of the General Assembly. The final text and accompanying materials are available above. The corresponding UN General Assembly Resolution is available here.
Further Information
As with other Working Groups, WG I maintains an online record of its latest work and agendas for forthcoming meetings. The relevant information is available here.
Australia's Attendance at Working Group I
The Australian Government does not presently send an official delegation to Working Group I, however past meetings of this working group have been attended by:
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Tim Castle, Barrister and Immediate Past Chair UNCCA;
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Diane Chapman, UNCCA Fellow;
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Dr Anne Matthew, QUT School of Law;
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Ms Jennifer Anderson, UNCCA Fellow;
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Ms Ashna Taneja;
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Mr James Keir;
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Mr Heath Mitchell;
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Ms Kaleigh Smith; and
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Ms Catherine Qu.