13.01.2015 Views

FORM 20-F Grupo Casa Saba, S.A.B. de C.V.

FORM 20-F Grupo Casa Saba, S.A.B. de C.V.

FORM 20-F Grupo Casa Saba, S.A.B. de C.V.

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Table of Contents<br />

On December 7, <strong>20</strong>10, the Technical Ministry of the Commission of Free Competition notified Farmacias Peruanas, S.A. of the beginning of a proceeding for presumed monopolistic<br />

practices. Such proceedings are a normal occurrence in the industry in which the Company operates. The presumed violation amounted to USD $1,290,785, should the setting of prices<br />

be evi<strong>de</strong>nced. The preliminary report of the external advisors engaged by FASA indicates that it is not very likely that there will be a negative effect on the Company’s consolidated<br />

financial statements.<br />

i) Farmacias Peruanas, S.A. filed a lawsuit against a liquidation issued by the Peruvian tax authority (SUNAT) for a presumed difference in criterion for <strong>de</strong>termining the tax base of<br />

<strong>20</strong>01 and <strong>20</strong>03 for $7,170,000 and $1,827,000 Peruvian Soles, respectively (Ps. 31,600 and Ps. 8,052, respectively). In November <strong>20</strong>10, the Company disputed the rejection notified by the<br />

SUNAT. Management estimates that it is not very likely that there will be a negative effect on the Company’s consolidated financial statements.<br />

At December 31, <strong>20</strong>11, and <strong>20</strong>10, Management maintains a provision in the amount of Ps. 3,534 which, based on the opinion of its legal advisors, it consi<strong>de</strong>rs that it is sufficient to cover<br />

a possible liquidation. However, Management has reasonable arguments to obtain a ruling han<strong>de</strong>d down in its favor. At the date of the auditors’ report, the SUNAT had not han<strong>de</strong>d<br />

down the final ruling.<br />

j) As part of the agreements related to the purchase of the stock of Drogasmil (now CSB Drogarias), the Company maintains a contingent liability that will be paid if certain events<br />

occur in the future. The liability recor<strong>de</strong>d amounts to R$9,585 thousand, which is inclu<strong>de</strong>d in the caption “other long-term liabilities” in the consolidated balance sheet.<br />

k) The subsidiary Drogarias maintains a provision to cover possible labor and tax suits, classified as a likely loss risk, taking into account the opinion of its legal advisors. At<br />

December 31, <strong>20</strong>11 and <strong>20</strong>10, the liability recor<strong>de</strong>d this item amounted to R$2,980 and R$1,619, respectively (Ps. 22,052 and Ps. 12,013), which is inclu<strong>de</strong>d in the caption “other long-term<br />

payables”.<br />

l) Drogarias may be subject to certain contingencies that may result in present obligations. The solution of these matters still is in a preliminary stage and a conclusion might<br />

span various years. Drogarias has consi<strong>de</strong>red that it has incurred a probable liability. Management consi<strong>de</strong>rs this probable liability in the estimated amount of R$10,000 (Ps.78,000,<br />

approximately). However, it cannot carry out an accurate estimate thereof, since there are no reasonable elements to be quantified. This contingency relates to different forms of<br />

remuneration to its management that do not conform to labor legislation in Brazil. Notwithstanding the foregoing, from fiscal <strong>20</strong>10 Drogarias has maintained a provision for those<br />

contingencies in the equivalent amount of R$1,822 (Ps. 13,512, approximately) which is inclu<strong>de</strong>d in the caption “other payables and accrued long-term liabilities” in the consolidated<br />

balance sheet.<br />

m) The Company and its subsidiaries have entered into various service contracts among them, related to the purchase, storage, and transportation of products, as well as<br />

administrative, legal, financing, and electronic data processing services.<br />

In accordance with the Mexican Income Tax Law, companies that carry out related party transactions are subject to tax obligations, with respect to the <strong>de</strong>termination of prices agreed<br />

upon. Such prices should be comparable to prices that would be used with or among in<strong>de</strong>pen<strong>de</strong>nt parties at arm’s length transactions. Management believes that all related party<br />

transactions were agreed upon at arm’s length basis and, therefore, there is no contingency in its charge.<br />

F-51

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!