Common use of Determine Whether Clause in Contracts

Determine Whether. a Financial Institution is a Nonparticipating Financial Institution Payments to Which Are Subject to Aggregate Reporting Under Paragraph 1(b) of Article 4 of the Agreement. a) Subject to subparagraph b) of this paragraph, if the Account Holder is an Irish Financial Institution or other Partner Jurisdiction Financial Institution, then no further review, identification, or reporting is required with respect to the account. b) An Irish Financial Institution or other Partner Jurisdiction Financial Institution shall be treated as a Nonparticipating Financial Institution if it is identified as such by the IRS as described in paragraph 2 of Article 5 of the Agreement. c) If the Account Holder, is not an Irish Financial Institution or other Partner Jurisdiction Financial Institution, then the Reporting Irish Financial Institution must treat the entity as a Nonparticipating Financial Institution payments to which are reportable under paragraph 1(b) of Article 4 of the Agreement, unless the Reporting Irish Financial Institution: (1) Obtains a self-certification (which may be on an IRS Form W-8 or similar agreed form) from the entity that it is a certified deemed-compliant FFI, an exempt beneficial owner, or an excepted FFI, as those terms are defined in relevant U.S. Treasury Regulations; or (2) In the case of a participating FFI or registered deemed- compliant FFI, verifies the entity’s FATCA identifying number on a published IRS FFI list.

Determine Whether. a Financial Institution is a Nonparticipating Financial Institution Payments to Which Are Subject to Aggregate Reporting Under Paragraph 1(b) of Article 4 of the Agreement. a) Subject to subparagraph b) of this paragraph, if the Account Holder is an Irish Financial Institution or other Partner Jurisdiction Financial Institution, then no further review, identification, or reporting is required with respect to the account. b) An Irish Financial Institution or other Partner Jurisdiction Financial Institution shall be treated as a Nonparticipating Financial Institution if it is identified as such by the IRS as described in paragraph 2 of Article 5 of the Agreement. c) If the Account Holder, is not an Irish Financial Institution or other Partner Jurisdiction Financial Institution, then the Reporting Irish Financial Institution must treat the entity as a Nonparticipating Financial Institution payments to which are reportable under paragraph 1(b) of Article 4 of the Agreement, unless the Reporting Irish Financial Institution: (1) Obtains a self-certification (which may be on an IRS Form W-8 or similar agreed form) from the entity that it is a certified deemed-compliant FFI, an exempt beneficial owner, or an excepted FFI, as those terms are defined in relevant U.S. Treasury Regulations; or (2) In the case of a participating FFI or registered deemed- compliant deemedcompliant FFI, verifies the entity’s FATCA identifying number on a published IRS FFI list.