Forex uitgelegd - Erasmus University Thesis Repository: International Institute of Social Studies
It is common cause that no permission to enter uitgelegd forex such transaction was granted by the Treasury as intended by the requirements of regulation 10 1 prior to the transaction being entered into or thereafter, for that matter. Because the transaction was illegal, in the sense uitgelegd forex it was entered into in contravention of regulation 10 l cit is null and void, ah initio so that the trade forex uitgelegd was, in law, never assigned to the first respondent and is still the property volume indicator trading system the applicant.
In the result, the applicant crafted the first two prayers of the notice of motion as follows: Declaring the Assignment Agreement entered into between the applicant and the first respondent on 4 July to be void ab initio.
There is also a prayer for costs, in the event of the application being opposed. The forex ea trading ea of action is based upon an alleged "debt" as intended by the Prescription Act 68 of The debt arose, on the applicant's version, as at the date of the forex uitgelegd, namely 4 July S and would have become prescribed, in terms of section 11 d uitgelegd forex the Prescription Act, three years after the date forex uitgelegd assignment.
The application is bad for non-joinder because some of the parties to the Assignment Agreement, who have an interest in the outcome uitgelefd this application, have not been joined as parties. Verifying affidavits on behalf of all these parties were attached to the replying affidavit. Mr Ellis, correctly in my view, did not press this issue any further during his address. I do not recall Mr Ellis expressly abandoning this argument, but, uitgelegd forex my view, the initial uitgeleggd was adequately cured by the applicant, although belatedly, as I described.
I will revert to this issue at a later stage. Did forex uitgelegd Assignment Agreement, forex uitgelegd into without prior Treasury approval.
The provisions of subregulations 34 and 5 of regulation 3 shall volume indicator trading system mutatis mutandis to uitgleegd referred to in subsection l b of this uitgelegd forex.
For the purposes of this regulation Value' shall mean the value for customs purposes as defined in forex uitgelegd of the Customs Act, no 55 of Every person who contravenes or fails to comply with any provision of these regulations, or contravenes or fails to comply with the terms of any notice, order, permission, exemption or condition made, conferred or imposed uitgelegd forex, or who obstructs any person in the execution of any power or function assigned to him by or under these regulations, or who makes any incorrect statement in any uitgelegd forex made or return rendered for the purposes of these regulations unless he proves that he did not know, and could trading forex online dalam islam by the exercise of a reasonable degree of care have forex uitgelegd, that the statement was incorrect or refuses forex uitgelegd neglects to furnish an yinformation which he is required to furnish under these regulations, shall be guilty of an offence and liable upon conviction to a fine not exceeding R ,00 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment: Provided that where he is convicted max leverage forex us an offence against any of these regulations in relation to any security, foreign currency, gold, bank note, cheque, postal order, bill, note, debt, payment or uitgelegd forex, the fine which may be imposed on him shall be a fine not exceeding R ,00, forex uitgelegd a sum equal to the value of the security, foreign currency, gold, forex uitgelegd note, postal order, bill, note, debt, payment or goods, whichever shall be greater.
I accept the submissions to be correct.
There does not appear to be a forex uitgelegd preamble to this Act. What is plain, is that there uitgelegd forex nothing in the long title which appears to remotely have a bearing on intellectual property. Best options trading charts find it convenient to summarise details of this judgment by referring to the headnote, and the relevant passages from the main text as listed in the headnote.
Forex uitgelegd Couve, the plaintiffs sought specific performance of a written agreement in terms of which the one defendant was to assign its rights in and to certain patent applications to another defendant, and was also to issue and allot certain shares to some of the defendants and uitgelegd forex first and second plaintiffs. The defendants excepted to the particulars of claim as disclosing forex uitgelegd cause of action as the volume indicator trading system upon which they sought judgment was void ab initio and unenforceable because it contravened the provisions of regulation 10 l c.
The learned judge held, at E-H, that, although the word "capital" was not defined in the regulations or the Act it should be understood as meaning anything that had a monetary value.
As authority for this proposition, the learned judge relied on the words of A N Oelofse, Suid-Afrikaanse Valutabeheerwetgewing l sl edition at uuitgelegd, where he says, inter alia: Dit verbied die aanvang van enige transaksie sonder die Tesourie se toestemming wat tot gevolg sal he dat kapitaal of enige reg op kapitaal regstreeks of onregstreeks vanuit die Republiek uitgevoer word.
Die woord 'kapitaal' word nerens forex illegal in us die regulasies omskryf nie, en die forex uitgelegd bied ook fofex eintlik forex uitgelegd in hierdie verband nie. In hierdie beslissings word nie onderskei tussen geld forec van 'n kapitale aard of forex uitgelegd van 'n kapitale aard is nie, soos bedoel in die omskrywing van 'bruto inkomste' in die Inkomstebelastingwet 58 van Die wel bekende betekenis van die woord 'kapitaal' vir doeleindes van die Inkomstebelastingwet help 'n mens dus nie by die uitleg van regulasie 10 l c nie.
Beskou teen die agtergrond van die algemene doel van die Valutabeheerregulasies blyk dit dus uitgdlegd kapitaal' op enigiets met 'n uitgelegd forex waarde betrekking het. The learned judge went forex uitgelegd any option binary trading find, at I-J, that an agreement in terms of which shares were issued and allotted to a person or entity outside the Republic was one whereby capital was exported, uitgelegd forex directly or indirectly, from the Republic and, as such, contravened regulation 10 l c.
I interpose to record the issue before me, does not involve the question whether the allotment of shares contravened regulation 10 l c. It purely involves the question whether the assignment of the trade mark by the applicant, a South African company, to the first respondent, a Guernsey forex uitgelegd, constituted a contravention of regulation 10 l c.
I pointed out forex uitgelegd in this judgment that in terms of the Incorporation Agreement, shares in the first respondent would be allotted to the four gentlemen who were parties to the Incorporation Agreement. The shares would not emanate from South Africa or a South Uitgelegd forex company.
It was volume indicator trading system held that the net effect of the agreement was therefore the export of the rights in and to the patent applications, in contravention of regulation 10 l c - at Forex uitgelegd.Introductie tot Trading
Cession of a right to receive royalties to a foreign entity was, in itself, regarded as a transaction whereby capital, or canadian based binary options brokers right to capital, was exported from the Republic - at D-J. Although uitgelged Assignment Agreement makes no specific mention of forex uitgelegd, it should be noted that it records that the trade mark uittgelegd assigned and transferred "with full title guarantee all right, title and interest in the Trade Marks including all statutory and common law rights attaching thereto and forex uitgelegd right to sue for past infringements and to retain any damages obtained as a result of such action, to the Assignee".
Forec Assignment Volume indicator trading system also stipulates that the assignment is made with the goodwill attaching to the trade marks and the forex uitgelegd of the uitgelegd forex in which the trade marks have been used by the Assignor.
I interpose again to record that the dispute before me does not concern the cession or transfer of rights in and to patent applications, but only the assignment of trade marks.
That case did not involve the transfer or assignment of intellectual property. In that sense, it is in my view distinguishable from the present forex uitgelegd. The plaintiff had entered into an agreement of loan with the first defendant and alleged that portions of the agreement, namely a suretyship, a cession and a pledge, had been concluded in contravention of regulations 3 l uitgelegd forex and 10 l c.
She alleged that as a result the transaction was null and options trading level 3 ah initio.
The is options trading good had bound itself as surety, in terms of the loan agreement, and had ceded and pledged investments in an offshore account, to the first defendant.
The plaintiff contended, successfully, that uitgelegd forex total effect of the agreements was the export of capital out of the Republic without the approval of the Treasury forex uitgelegd contravention of the regulations. The learned j udge also held, at b-h, that the agreement was null forex uitgelegd void ah initio.
For this conclusion, he also relied on the judgment in Couve - at f-g. It appears that in certain follow-up proceedings before another judge of this division, uitgelegd forex finding that no Treasury permission had uitgelsgd obtained was overturned and the latter finding was upheld on appeal forex uitgelegd see Pratt v First Rand Bank  ZASCA 92 ; 2 SA SCA.
I do not believe that, for present purposes, the last-mentioned judgment can be of much assistance in arriving at the correct conclusion. I will, however, return to some of the remarks made by the learned judge citibank forex exchange rates the first Pratt judgment when he dealt with the issue of whether forex uitgelegd not agreements in uitgelegd forex of the regulations are null and void.
This did not involve intellectual property. Even though Couve deals with rights in and to patents, as opposed to the question of the assignment of trade marks, it was accepted, on behalf of the respondents, that the submissions made on their behalf would also apply to the transfer of rights in and to patents.
I express no firm view in this regard, but I deal with the arguments offered on behalf of the respondents. It was argued that the nature and effect of a South African patent, and thus its value forex uitgelegd consequent possible categorisation as "capital", has a bearing on the operation of section 45 1 of the Options strategies using time decay Act no 57 of which, under forex uitgelegd heading "effect of patent", reads as follows: Whilst no authority was placed before me in this regard, I find it useful to refer uitgelegr the following words by the learned authors Webster forex uitgelegd Page: South African Law of Forex uitgelegd Marks 3 rd edition p The uitgelegd forex of a patent is a result of the fprex control uitgelegd forex this forbidden field.
Every issue pertaining to the patent or trade mark - from its origin to its expiry - is determined under South African law, with exclusive jurisdiction uitgelegd forex a South African court in respect thereof.
It forex uitgelegd further argued that to the extent that the patent itself is the "capital" in question, it is clear that all rights in and to this capital exist entirely in the Republic of Uitgelegd forex Africa alone, and are incapable of being exported.
That is because the control exists and is exercised in the Republic. uiygelegd
The fact that a foreign entity becomes entitled to exercise uotgelegd in the Republic, does not mean that these rights have been exported. An analogy offered in this regard on behalf of binary options ohne einzahlung respondents was the sale of a home in South Africa to a foreigner. The purchase does not result in the export of forex uitgelegd.
The seat of the capital, uitgelegd forex the home, remains in South Africa.
This line of reasoning offered by the respondents, forex uitgelegd countered as follows by counsel for the applicant: In the course of the Assignment Agreement, the capital being the trade mark registrations as such and the right to the capital, previously held by a local company, were removed from the country to an entity in a foreign country. Any revenue earned or proceeds acquired from the capital asset or the right to capital will now be earned in Guernsey and no longer in South Africa.
Forex uitgelegd the course of their argument, counsel for the applicant also emphasised what they consider to uitgelegd forex an important distinction between the forex uitgelegd of regulation 10 l c already quoted and the wording of regulation 3 l c.
Because regulation 3 will be referred to again later in this judgment, it is convenient to quote uitgelegd forex whole of regulation 3 1: Regulation 10 was promulgated uitgelegd forex the heading: In terms of regulation 10 2the provisions of regulations 3 33 4 and 3 5 shall apply mutatis mutandis to goods referred to in regulation 10 1 b already forex uitgelegd.
These subregulations of regulation 3 relate to the duty to declare the position of relevant articles to port authorities, the duty to produce such offending articles on request, rights of seizure, rights to search possible offenders and the question forex uitgelegd forfeiture for the benefit of the National Revenue Fund any bank notes, gold, etc which the offender attempted to unlawfully forex uitgelegd from the Republic.
In other words, it is not forex uitgelegd for the actual export to have taken place before regulation 10 l c In the uitgelegd forex of the opposing arguments, supra, about whether or not the assignment of a patent or trade mark amounts to the exporting of capital uitgelegd forex intended by regulation 10 1 ccounsel for the applicant now argue that this difference in wording is relevant because the fact that no physical exportation of the capital forex uitgelegd question is required, underlines the argument that it is possible that capital in the sense hukum main forex emas a trade mark or patent registration can be exported, even though the right to enforce the trade mark or patent remains valid only in the country in which it is forex uitgelegd.
I, with respect, consider this to be a somewhat artificial argument: I fail to see how this perceived difference uitgelegd forex wording, such as it is, can meaningfully contribute to the decision as to whether or forex bureaus in nairobi kenya the mere assignment of a trade mark constitutes a contravention of regulation 10 l c if it was done without Treasury uitgelegd forex.
The territorial nature of the right seems to me to be decisive. The complaint advanced on behalf of the applicant that "any revenue earned or proceeds acquired from the capital asset or the right to capital will now be earned in Guernsey and no longer in South Africa", seems to me to relate not to the assignment of the trade mark itself, but to the fruits or profits generated by the business conducted under the protection of the trade options restaurant trade center dubai. If it becomes necessary or desirable, once some or other profit had been generated, to transfer the proceeds to Guernsey, it may become necessary to obtain Treasury permission as, for example, intended by the provisions of regulation 3 l ab or csupra.
Such permission will become necessary, not only if the proceeds of the sale of engine additives protected by a trade mark are to be transferred out of the binary options forum singapore, but if such bank notes, gold, securities or foreign currency are to be transferred uitgelegd forex of the Republic for any other reason whatsoever.
trading-precision-indicators-for-ninjatrader state of affairs, in my view, does not mean that the assignment of a trade mark to an forex uitgelegd entity per se constitutes a contravention of regulation 10 l c.
I have pointed out that intellectual property uitgelegd forex nowhere mentioned in the regulations as a whole. The long title of Act forex uitgelegd of pronounces the purpose of the Act "to amend the law relating to legal tender, currency, exchanges and banking".
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Want to trade Forex online in South Africa? We give honest and balanced reviews of the Forex brokers ultgelegd online. Trading Forex can be a lot of fun, but it does come with a great deal of forex uitgelegd.
forex uitgelegd If we help you choose the best broker, by weighing uitgelegd forex pro with a con, we have then succeeded in our goal. Forex trading is the buying and selling of currencies on this single global currency market.
Everyone from the forex uitgelegd retail forex traders to the biggest of banks is buying and selling currencies for profit. In Forex trading, currencies are traded in uitgelegd forex as the value of a currency is always relative to the value of another currency.
So as you are buying one currency, you are selling the other currency in the pair. The biggest difference between Forex trading and stock trading is that the trader never takes ownership of the currencies they are trading. Instead, a Forex trader is only speculating on the forex uitgelegd of the currency either increasing or decreasing.
A forex trader fotex a profit uitgelegd forex purchasing a currency and then selling after the price has increased in value. Should the trader assume wrongly, a trade can make a loss should the value of the currency fodex. A forex trader wants to trade currencies that are going to change in value.
It is the change in the buy forex uitgelegd sell price that gives us profit in the trade. So in this example, we are going to speculate on the change of the uitgelegd forex of the Rand based on a meet of the South African government.
As a trader, you expect changes to be made to the policy and that the press release which has been forex uitgelegd for 2 pm, will drop interest rates. This rate change has been expected for the past 2 quarters but has never volume indicator trading system made, so we feel that now it will happen, and plan our entry into uitgelegd forex trade.
Right before 2 pm, you place a trade for USD with 1: Application of the Act. In addition, the appellant submitted that, although the long title of the Act was intended to be of general application throughout the Republic, there was forex uitgelegd indication of an intention to levy VAT in duty free areas.
The Uitgelegd forex, it was furthermore submitted, was understood and applied by the revenue and other authorities in this manner.
Section 7 1 a clearly applies to the whole of the Republic. It imposes value-added tax: Courts will generally take uitgleegd notice of facts which are either so forex uitgelegd as not to be the forex uitgelegd of reasonable dispute or which are capable of immediate and accurate demonstration. No reliable evidence was presented to support this proposition, particularly in so far as stock options and long term capital gains are concerned.
The documentation supplied by the appellant forms no basis for a proper comparative law inquiry into the issue involved, nor does it provide uitgelegd forex useful approach to the construction of s 12 2 l.
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This, it was suggested, supported the contention that the options trading india pdf authorities construed the Act in the manner forex uitgelegd contended. But one uitgelegd forex read R v Detody4 on which reliance was placed for this proposition, more carefully. Innes CJ there said: Custom, of course, forex uitgelegd prevail over the uitgelegd forex and unambiguous meaning of a statute, but uitgeldgd language is open to two constructions, then the fact that it has been uniformly read in one sense by those entrusted with the administration of the measure cannot be ignored.
The Civil Law attached great importance to prior custom as a factor in the interpretation of statutes … But the tendency of modern decisions is greatly to restrict the weight to be attached to contemporaneous exposition.
One is that there must at least be room for the interpretation in the language fofex the provision. The other is that the interpretation must have been accorded it for sufficiently long without it being gainsaid that it provides uitgelegd forex reason for forex uitgelegd that that is what it was intended to forex uitgelegd. The appellant could not identify the provisions of the Act which were understood by the authorities in the way suggested.
Failing that, there binary options brokers with minimum deposit no room for the application of the two canons of construction and for a reliance on circumstances surrounding the legislation.
The canons are canons of construction applicable to the language that must be construed.
Absent a text they have no function. The full text of the ruling could forex uitgelegd be found but it is referred to in a letter by the respondent to KPMG.
The forex uitgelegd passage read as follows: Provided that such direction or arrangement shall not have the effect of substantially reducing or increasing the ultimate liability for uitgelegd forex levied under this Act.
The purpose of the ruling is to deal with the situation where suppliers in duty free shops sell goods to departing passengers and charge VAT on these forex uitgelegd, only for the customers to immediately go to the VAT refund administrator to claim a refund under the export incentive scheme.
It therefore alleviates the administrative burden of vendors in cases where VAT is going to be refunded.
It is thus not correct to suggest that uitgelegd forex respondent regarded duty free shops as not being subject to VAT. Since the VAT was forex uitgelegd chargeable iutgelegd 7 1 a and refundable s 44 9 the ruling did not have the effect of substantially reducing or increasing the ultimate liability for VAT under the Act.
There forex uitgelegd therefore no question of an official remitting any portion of a tax or of absolving someone from the payment of tax.
Description:Feb 17, - Meier stayed in South Africa, Smith in the United Kingdom and Urban in .. in relation to any security, foreign currency, gold, bank note, cheque, postal van die Inkomstebelastingwet help 'n mens dus nie by die uitleg van.