Small and Medium-Sized Enterprises (SMEs) in Tunisia Face Major Challenges
SMEs in Tunisia face significant challenges, similar to those encountered in many developing countries. According to Abderrazak Houas, spokesperson for the National Association of Small and Medium-Sized Enterprises (ANPME), inaccessibility to the market is one of the main obstacles.
Outdated Laws: A Major Hurdle
In Tunisia, this barrier is primarily due to outdated laws inherited from the colonial era. Several laws in force date back to the early 20th century, such as the Penal Code (1914), the Code of Obligations and Contracts (1907), and the Code of Criminal Procedure (1922). These laws, inadequate to respond to the current realities of the business world, hinder the development of SMEs. "To improve the situation, it is imperative to adapt these laws to the modern world," declares Houas.
Fiscal Pressure and Limited Access to Financing
Another factor explaining the difficulties faced by SMEs in Tunisia is the fiscal pressure combined with limited access to financing. These obstacles lead to an alarming closure rate of 39% of SMEs in the country. However, a recent amendment to the Commercial Code, which will come into effect in January 2025, could bring new life to these enterprises.
A Breath of Fresh Air: The 2025 Amendment
Prior to the amendment, Article 411 of the Commercial Code imposed up to five years of imprisonment per bounced check, with cumulative penalties, as well as a fine of 40% of the amount of the checks concerned. The 2025 reform proposes a reduction of these penalties: imprisonment is limited to two years, and the fine to 20% of the amount of the bounced checks. Moreover, checks of an amount less than 5,000 dinars will be decriminalized, and a ceiling of 30,000 dinars will be established.
In cases where prison sentences exceeded twenty years, they will now be capped at ten years, and divided by two when they were less than twenty years. A significant advance also lies in the end of cumulative penalties.
A First Step Towards a More Adapted Legislative Framework
Although these reforms to the Commercial Code constitute a first step towards a more adapted legislative framework for Tunisian businesses, further measures will be necessary to support the real growth and sustainability of SMEs in our country.
