With respect to Article Sample Clauses
The "With respect to Article" clause serves to clarify the scope or applicability of a particular article within a contract or legal document. It typically specifies that the provisions, rights, or obligations discussed are limited to or pertain only to the referenced article, rather than the entire agreement. For example, it may be used to indicate that certain definitions, exceptions, or procedures apply solely within the context of that article. This clause ensures precision and prevents misinterpretation by clearly delineating the boundaries of the article's effect, thereby reducing ambiguity and potential disputes over the contract's interpretation.
With respect to Article. 11
(1) For the purposes of paragraph 3 of this Article an approved loan is defined in section 2(1) of the Income Tax ▇▇▇ ▇▇▇▇ of Malaysia means:
(a) any loan or credit made to the Government, state government (including any loan or credit made to a person other than the Government or state government where the loan or credit is guaranteed by the Government or state government), local authority or statutory body; or
(b) any loan or credit other than a loan or credit of the kind specified in sub-paragraph (i), made to a person where the amount of such loans or credit exceeds two hundred and fifty million ringgit, by a person not resident in Malaysia; provided that:
(i) the loan or credit has been approved by the Minister of Finance; and
(ii) the loan or credit agreement was executed in Malaysia or where the loan or credit agreement with the prior approval of the Minister was executed outside Malaysia.
(2) For the purposes of paragraph 5(b)(ii) of this Article, where 51 per cent or more of the share capital of a company is beneficially owned by the Government and/or by government of Kuwait, that company shall be regarded as a controlled company.
With respect to Article. 3
a) All activities related to the procurement, sale or transportation of raw or processed materials, energy, fuels and means of production as well as any other kind of related activities and managerial activities under this Agreement shall be accorded in the territory of each Contracting Party treatment no less favorable than that accorded to similar activities of domestic investors of a third country.
With respect to Article. 2
a) The Contracting Parties may stipulate in their Investment Agreement the conditions that will govern their specific legal relations related to the investment.
b) Neither of the Contracting Parties shall impose any conditions on the establishment, expansion or continuation of any investment that would have the effect of incurring or imposing any obligation with respect to domestic or international sales. With respect to the procurement or importation of capital goods and equipment, each investor will be able to procure all types of goods, provided they are not available in the country in similar quality or at similar prices.
With respect to Article. 10
(1) In the case of unit trusts it is understood that the taxation of a unit trust would depend on whether the trust is an exempt trust or not. Therefore, taxation on the unit holder would depend on the tax- exempt status of the trust. If the trust is exempted, dividends distributed to unit holders are presently exempt up to $5,000 per year. Anything in excess of this amount would be subject to tax based on the unit-holder's marginal rate. In the case of a non- exempt trust, the tax treatment of dividends distributed to the unit- holders is similar to that of companies.
(2) It is also understood that Malaysia proposes not to regard as income gains arising from the sale of shares by unit trusts.
With respect to Article. 10
(1) In the case of unit trusts it is understood that the taxation of a unit trust would depend on whether the trust is an exempt trust or not. Therefore, taxation on the unit holder would depend on the taxexempt s t a t u s o f t h e t r u s t . I f t h e t r u s t i s e x e m p t e d , d i v i d e n d s distributed to unit holders are presently exempt up to $5,000 per year. Anything in excess of this amount would be subject to tax based on the unit-holder's marginal rate. In the case of a nonexempt trust, the tax treatment of dividends distributed to the unitholders is similar to that of companies.
(2) It is also understood that Malaysia proposes not to regard as income gains arising from the sale of shares by unit trusts.
With respect to Article. 9:
(1) The disputes which may be referred to international arbitration under Paragraph (3) of Article 9 of this Agreement shall be the following:
(a) disputes relating to the amount of compensation referred to in Article 6 and in Paragraph (2) of Article 5 of this Agreement;
(b) any other investment dispute which may be agreed upon by both Contracting States to be submitted to arbitration;
(2) Article 9 of this Agreement shall be applied and interpreted by the two Contracting States in good faith and on mutual understanding to provide effective procedures for settlement of investment disputes of investors of the Contracting States.