Caselaw

Civil Case (Tel Aviv) 51721-03-20 Dr. Shlomo Ness v. Kost Forer Gabbay Consolidation of Claims Kassirer - part 16

February 19, 2026
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"...  Are you confirming to me that there must be control in order to recognize the property?

A:             Yes. 

Q:             Because the word control Appears three times that I have found. 

A:             That's right.  "

This is also evident from the continuation of the testimony of CPA Gottlieb (Transcript, p.  995, Question 15 to Question 996, Question 21):

"Q:          I want to show you, with this we will conclude, from Standard 30, let's say it applies, a controlling entity in the asset, I read from section 12.  Write an asset fulfills the identifiability criterion in the definition of an intangible asset, where it is A - separable. 

A:             Nice.  Separable.  That's the whole idea of the separate cash flow.  About its separate value stand alone. 

Q:             It's about the basics of recognition.  Now there is an element of control, according to Standard 30 you also need control.  Right?

A:             True. 

Q:             Let's look at Section 13, "An entity controls an asset, if the entity has the power to obtain the future economic benefits flowing from the underlying resource, and restrict the access of others to those benefits.  An entity's ability to control future economic benefits is an intangible asset, normally derives from legal rights enforceable in court.  In the absence of legal rights, it is more difficult to prove control.  However, the ability to legally enforce a right is not a necessary condition for control, because an entity may control the economic benefits in another way."

Then it says in section 16 and I refer you.  "The entity may have a customer portfolio or market share and may expect that in the name of its efforts in building customer relationships and loyalty." In section 16, this is really our concern.  "Customers will continue to trade with the entity.  However, in the absence of legal rights to protect or otherwise control customer relationships or loyalty, the entity's control over the anticipated economic benefits from customer relationships and loyalty will generally not be sufficient for these items, such as customer accounts, market shares, customer relationships, and customer loyalty to satisfy the definition of intangible assets."

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