scholarly journals COMMERCIAL-LAW REASONS (OTHER THAN TAX) FOR SETTING UP A HEADQUARTER COMPANY: A SOUTH AFRICAN OBSERVATION

Obiter ◽  
2021 ◽  
Vol 34 (1) ◽  
Author(s):  
Thabo Legwaila
Keyword(s):  
South African ◽  
Capital Gains ◽  
Investment Climate ◽  
Commercial Law ◽  
The Real ◽  
External Finance ◽  
Withholding Taxes ◽  
A Company

A headquarter company is a company within a group of companies which supervises and co-ordinates the administrative activities of the group. Headquarter companies are formed for various tax- and non-tax-related reasons depending on the particular needs of the group in which the headquarter company is formed. In the setting up a headquarter-company consideration is given to various key determinants such as political and investment climate, corporate laws and treasury considerations. Tax reasons include deferring tax on income and capital gains, maximizing credit for foreign taxes and reducing withholding taxes. However, when the decision is taken to interpose a headquarter company between the investor country and the operating subsidiaries’ country, the real economic purposes and benefits are usually non-tax in nature. These include the ability to raise external finance, circumventing the application of exchange controls, protection of assets as well as group reorganization and structural consolidation. 

External Finance and the Real Economy

2002 ◽  
Author(s):  
Heitor Almeida ◽  
Daniel Wolfenzon
Keyword(s):  
Real Economy ◽  
The Real ◽  
External Finance

scholarly journals Behoort die saaklike ooreenkoms aan vormvereistes onderwerp te word?

2017 ◽  
Vol 11 (3) ◽  
pp. 137
Author(s):  
PJW Schutte
Keyword(s):  
The Netherlands ◽  
South African ◽  
Circumstantial Evidence ◽  
Power Of Attorney ◽  
Transfer Property ◽  
Land Registration ◽  
The Real ◽  
Legal Position

No formalities are required in South African law in respect of the real agreement relating to the transfer of ownership in immovable property. The agreement is, for example, derived from surrounding circumstances, such as the fact that the parties concluded an obligatory agreement which is aimed at the transfer of property, or the fact that the transferor has signed a power of attorney, or the fact that the transferee has paid transfer duty. However, this circumstantial evidence is not conclusive proof that an agreement to transfer property has in fact been concluded. The transferor might have signed the power of attorney, for example, while he was erroneously under the impression that he was signing an option, or the transferee might refuse to take delivery because the property does not correspond to the thing agreed upon. In each situation neither of the parties has the intention to transfer property, and ownership could therefore not be transferred. Yet registration is possible even in the absence of a valid real agreement. This may result in an incorrect register because the person who is indicated as the owner is in fact not. It therefore appears that there is a deficiency in South African law with regard to land registration and a need for greater certainty regarding the question as to whether or not a real agreement has in fact been concluded. In this paper two solutions are explored: (1) the defect can be rectified by requiring the parties to appear (either in person or by a representative) before a conveyancer and to declare that they respectively intend to transfer and obtain property, as is the case in the Netherlands and Germany. The conveyancer should reduce the agreement to writing and the document by which the parties are bound should then be lodged with the registrar as proof of the real agreement; (2) the real agreement may be incorporated into the deed of transfer. Any one of these proposals will remove any doubt regarding the existence of the real agreement and will ensure that the register reflects the true legal position. 

scholarly journals Strategic positioning of EAP in South African workplaces

2003 ◽  
Vol 3 (1) ◽  
Author(s):  
M. G. Matlhape
Keyword(s):  
South Africa ◽  
South African ◽  
Business Strategy ◽  
Employee Satisfaction ◽  
Business Processes ◽  
Chain Model ◽  
Employee Assistance ◽  
Strategic Positioning ◽  
And Performance ◽  
A Company

Two phenomena are having a profound effect on management and industry in the 21st century. The first one is the increasing rate and depth of competition locally, regionally, and globally, and the consequent increase in focus on achieving competitiveness by companies. The second phenomenon is the increasing appreciation of the importance of employees in assisting the company to gain a competitive advantage over its competitors. Employee Assistance Programmes have been used as part of the business strategy to enhance employee functioning, loyalty, and performance in organisations around the world for a good part of the 20th century. In South Africa this service did not gain much momentum until the 1980. Despite the growth of EAP in South Africa, however, in most cases it still remains on the periphery of real business activities and is often regarded as a "nice to have" rather than as a business imperative. The location of EAP within a company is very important in determining its impact within the organisation. Because of EAPs capacity to impact on both individual employees and the organisation as its primary client, it has potential to make a great impact in organisations' business processes, where these interface with individual output and wellbeing. A service-profit-chain model was introduced as a link between employee satisfaction and company profitability. This article gives an in-depth focus on EAP and the important role it can play in achieving employee satisfaction.

scholarly journals “DUPED” SHAREHOLDERS MAY APPLY FOR WINDING-UP ORDER – SECTION 81(1)(e) OF THE COMPANIES ACT 71 OF 2008 Pinfold v Edge to Edge Global Investments Ltd 2014 (1) SA 206 KZD

Obiter ◽  
2014 ◽  
Author(s):  
Darren Subramanien
Keyword(s):  
South African ◽  
The South ◽  
High Court ◽  
First Case ◽  
Public Company ◽  
Kwazulu Natal ◽  
A Company

In what is the first case of its kind that to have come before the South African courts the shareholders in Pinfold v Edge to Edge Global Investments Ltd (2014 (1) SA 206 KZD) were granted permission by the KwaZulu Natal High Court (Durban) to wind up Edge to Edge Global Investments, a public company on allegations of fraud committed by the directors of the company. The application was brought before the court in terms of section 81(1)(e) of the Companies Act 71 of 2008. The decision is significant as it provides insight as to what the courts would consider to be fraudulent, illegal and a misuse or waste of the company's assets by the directors of a company, and what the shareholders of a company need to prove in order to be successful in an application based on section 81(1)(e) of the Act.

scholarly journals My Work is Yours to Do What I Want

Media-N ◽  
2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Rebekah Modrak
Keyword(s):  
New York ◽  
Social Media ◽  
Consumer Culture ◽  
New York Times ◽  
The Real ◽  
Fictitious Character ◽  
A Company ◽  
Parasitic Manipulations

My Work is Yours to Do What I Want narrates the trajectory of two companies, one of them actual (Best Made Co.), and the second (Re Made Co.), an artwork posing as a company that uses remix to strategically confuse, conflate, and disrupt consumer culture. Re Made appears to be an online company founded by the fictitious character Peter Smith-Buchanan, and selling $350 hand-painted plungers. The entire event of Re Made offers an alternate universe—both digital and real—for Best Made Company, which was founded by (the real) Peter Buchanan-Smith, and specializes in $350 artisanal axes. Like a cloned twin or digital virus, Re Made and Buchanan-Smith mimic Best Made and Smith-Buchanan. If Best Made posts a decapitated pig’s head with an axe in its mouth on social media, Re Made’s BBQ pig gnashes a plunger on Instagram. When a New York Times feature refers to the Best Made axe as “manly,” a divergent NYTimes article heralds the masculine plunger. Peter Buchanan-Smith declares the axe to be “embedded in men’s DNA,” and Smith-Buchanan proclaims the plunger an extension of men’s bodies. The real Peter Buchanan-Smith emails Re Made’s CEO Peter Smith-Buchanan insisting he stop this plunder of reality. Acting as Smith-Buchanan’s intern, I (the female creator of the artwork) reply. Best Made’s lawyers send Re Made’s lawyers a 32-page cease-and-desist documenting the paths converging too closely for their liking. Just as the artwork Re Made uses remix via a media-based platform to intentionally confuse “original” content and appropriated material, My Work is Yours to Do What I Want playfully narrates the impulses and parasitic manipulations 

22. Capital gains tax and inheritance tax on business assets

2019 ◽  
pp. 213-232
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Capital Gains ◽  
Capital Gains Tax ◽  
Business Context ◽  
Inheritance Tax ◽  
Tax Regimes ◽  
A Company

This chapter examines the capital gains tax (CGT) and inheritance tax regimes which apply to individuals in relation to businesses and business assets. Under the provisions of the Taxation of Chargeable Gains Act (TCGA) 1992, CGT is payable when a taxable person makes a disposal of chargeable assets giving rise to a chargeable gain unless an exemption or relief applies. The chapter first discusses the various rules which need to be considered to establish a taxpayer’s CGT liability on any given disposal. It then covers CGT in the business context; disposals of partnership property; disposals of shares; disposals of business assets owned by those involved in the business; the purchase by a company of its own shares; and inheritance tax.

Determinants and methodology of public companies’ just value management

2015 ◽  
Vol 1 (2) ◽  
pp. 7-19
Author(s):  
Shokhmansur Shokhazamiy ◽  
Rustam Abduraupov
Keyword(s):  
Financial Market ◽  
Geometric Model ◽  
Value Management ◽  
Public Companies ◽  
The Real ◽  
Financial Decisions ◽  
Real Value ◽  
A Company ◽  
Practical Recommendations

We have devoted the paper to verify the determinants and methodology of value management of a company. We proposed to determine the just value according to the geometric model, which uses the appropriate quantitative values with respect to the real value of a company and the objective price of its shares in the open developed financial market. Furthermore, the paper offers theoretical suggestions and practical recommendations which are useful for the investors and managers in making timely financial decisions

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