Business restructuring : the question of the transfer of intangible assets

This article considers the 2007 decision of the Court of Appeal of Eidsivating in the Cytec case. This business-restructuring case concerned the conversion of a full-fledged manufacturer into a toll manufacturer. The main issue considered was whether the conversion entailed a transfer of valuable unprotected intangible assets to a foreign group company, and whether a tax adjustment (exit payment/indemnification) was warranted as a result.