Bottom Line6 Nov 2024 11:48
I believe that the tax payable upon licence transfer is no surprise, it hasn't just been pulled out of the air yesterday.
The $15m bill isn't new news to anyone.
The issue isn't who is doing what to who and why, the issue I have is the contract agreement signed regarding the partnership, if what has been stated by Hainan is correct, how was KOD not aware that they would be solely liable for the $15m tax bill. If KOD or Hainan didn't understand who was liable for the $15m, why not. The question of liability for a $15m tax bill should quite simply have never been a question in the first place.
This is what I am struggling to understand.
A contract of this complexity and nature must have had a legal team from both partners going through it in fine detail to protect their clients assets.
Either;
The board of KOD were aware of this and failed to make it clear to investors from the start. Personally I find this really hard to believe, and think it highly unlikely for a number of reasons.
The contract was not detailed in the liabilities of the partners regarding the $15m tax bill. Again I find this very hard to believe for a number of reasons. If constructed correctly legal documents are not written so they can be miss-interpreted.
Hainan have not understood the details of the partnership. Just a non-starter as theorys go, the Chinese are more savvy than that.
KOD have not understood the details of the partnership. Again in my view a non-starter theory.
Hainan are just simply bending the truth to get the SP down, which in my view is also a non-starter. It would taint their reputation and make it difficult to pen deals in the future, and that just looks like a 'short term gain, long time pain' strategy.
The KOD legal team missed something, and even if the Hainan legal team were aware of it if it worked for Hainan they wouldn't bring it to KODs attention. Personally I find it hard to believe that an army of legal advisors and accountants working for KOD could miss a $15m liability.
Hence I'm confused.