Place of Effective Management (POEM)

April 19, 2017

 

  • Place of effective management”  is defined in the Act to mean a place where key management and commercial decisions that are necessary for the conduct of the business of an entity as a whole are, in substance, made.
  • Effective management – The words Effective Management refer to actual management and not just formal management
  • Key Management – Key persons who actually manage the company are to be considered and not formal Board of Directors only
  • Key management and commercial decision – decisions which are concerned with broader strategic and policy  decision.  For  example,  a  decision  to  open  a  major  new  manufacturing facility  or  to  discontinue  a  major  product  line  would  be  examples  of  key commercial decisions affecting the company’s business as a whole
  • The place where the Key Management takes important commercial decisions is the place where POEM is situated.