Foreign Account Tax Compliance Act and European Market Infrastructure Regulation, EMIR Sample Clauses

Foreign Account Tax Compliance Act and European Market Infrastructure Regulation, EMIR. (a) 倘本行認定依客戶於美國稅法下的身分，應予扣抵或保留一定稅額，以符合 (i)1986 年美國國內稅收法第 1471 條與第 1472 條的稅賦規定（或美國財政法規或其他依該等規定發佈的規則、或任何相關的跨政府協議、任何類似或相關的非美國法律，或任何本行與超國家組織、政府組織、準政府組織、管理機構、行政機關、法律執行或監督機關、團體、部會、官署、機構或有管轄權的法院或法庭、證券交易所、票據交換所或任何其他主管機關、團體、部會、官署或機構（每一均簡稱「有權機關」）根據前述規定所簽署的合約）（下稱「FATCA 預扣稅」），及／或 (ii) 1986 年美國國內稅收法第 871(m) 條的稅賦規定（或美國財政法規或其他依該等規定發佈的規則）（下稱「871(m)預扣稅」），客戶 (a) 授權本行 (x) 就本行應支付客戶之任何應適用 FATCA 預扣稅及 / 或 871(m) 預扣稅之相關款項內逕予扣抵或保留，任何支付予客戶之數額均為辦理扣抵或保留後之淨額，(y) 於必要時向美國國稅局（下稱 「IRS」）、其他有權機關或該機關之代表人繳付該等扣抵或保留稅額，並 (b) 同意賠償本行就 FATCA 預扣稅及／或 871(m) 預扣稅應扣而未扣之所有金額。無論是否存在任何與本條內容牴觸的條款或適用於該客戶的合約，包括但不限於任何衍生性交易合約，本條均應予適用，因此當有衝突或不一致之情事時，應適用本條 11(a) 之規定。 If the Bank determines that it is required to make (i) a deduction or withholding for or on account of tax imposed under Sections 1471 and 1472 of the United States Internal Revenue Code of 1986 (or the United States Treasury Regulations or other guidance issued under it, any associated intergovernmental agreement, any similar or associated non-US Law or any agreement that the Bank enters into with any supranational, governmental, quasi-governmental, regulatory, administrative, law enforcement or supervisory body, entity, department, office, institution or court or tribunal of competent jurisdiction, stock exchange, clearing house or any other authority, body, entity, department, office or institution (each an“Authority”) pursuant to any of the foregoing) (the“FATCA Withholding Tax”) and/or (ii) a deduction, withholding or payment for or on account of tax imposed under Sections 871(m) of the United States Internal Revenue Code of 1986 (or the United States Treasury Regulations or other guidance issued under it) (the“871(m) Withholding Tax”) as a result of the Client’s status under US tax laws and regulations, the Client (a) authorises the Bank (x) to make such deduction or withholding in respect of any sum payable by the Bank to the Client that is subject to the FATCA Withholding Tax and/or 871(m) Withholding Tax, so that any payment to the Client will be made net of such deduction or withholding, and (y) to pay any such deduction or withholding as may be necessary to the United States Internal Revenue Service “( IRS”), another Authority or any other person on behalf thereof and (b) agrees to indemnify the Bank for the amount of any such FATCA Withholding Tax and/or 871(m) Withholding Tax that is due but not deducted or withheld. Such provision shall apply notwithstanding any provision to the contrary in any other terms or agreement applicable to the ...
Sample 1
AutoNDA by SimpleDocs

Related to Foreign Account Tax Compliance Act and European Market Infrastructure Regulation, EMIR

  • Foreign Account Tax Compliance Act A. To the extent the Reinsurer is subject to the deduction and withholding of premium payable hereon as set forth in the Foreign Account Tax Compliance Act (Sections 1471-1474 of the Internal Revenue Code), the Reinsurer shall pay or allow such deduction and withholding from the premium payable under this Contract. B. In the event of any return of premium becoming due hereunder, the Reinsurer shall not deduct any percentage from the return premium payable hereon. To the extent the Company or its agent recovers such premium deductions and withholdings on the return premium from the United States Government, the Company or its agent shall reimburse the Reinsurer for such amounts. C. Prior to any payment to be made under this Contract, the Reinsurer shall provide to the Company (or the applicable withholding agent, as defined in Treasury Regulation Section 1.1471-1(b)(147)) a valid Internal Revenue Service ("IRS") Form W-8BEN-E or other documentation establishing they are not subject to any withholding requirement pursuant to the FATCA. D. The Reinsurer shall update the forms or other documentation referenced in paragraph C of this Article upon a change in facts or circumstance rendering such previously supplied information incorrect. If the Reinsurer has not provided the Company with updated documentation attesting to its FATCA compliance within thirty (30) days prior to any premium due date, or becomes non-compliant with FATCA at any later date, the withholding agent (as defined in Treasury Regulation Section 1.1471-1(b)(147) shall be entitled to withhold thirty percent (30.0%) of any premium payment to the Reinsurer under this contract and shall promptly notify the Reinsurer of such withholding.

  • Foreign Account Tax Compliance Act (FATCA) The Issuer agrees (i) upon the request of the Trustee, to provide the Trustee with such reasonable information as it has in its possession to enable the Trustee to determine whether any payments pursuant to this Indenture are subject to the withholding requirements described in Section 1471(b) of the Code or otherwise imposed pursuant to Sections 1471 through 1474 of the Code and any regulations, or agreements thereunder or official interpretations thereof (“Applicable Law”), and (ii) that the Trustee shall be entitled to make any withholding or deduction from payments under the Indenture to the extent necessary to comply with Applicable Law, for which the Trustee shall not have any liability.

  • Foreign Asset/Account, Exchange Control and Tax Reporting The Participant may be subject to foreign asset/account, exchange control and/or tax reporting requirements as a result of the acquisition, holding and/or transfer of shares of Common Stock or cash (including dividends and the proceeds arising from the sale of shares of Common Stock) derived from his or her participation in the Plan, to and/or from a brokerage/bank account or legal entity located outside the Participant’s country. The applicable laws of the Participant’s country may require that he or she report such accounts, assets, the balances therein, the value thereof and/or the transactions related thereto to the applicable authorities in such country. The Participant acknowledges that he or she is responsible for ensuring compliance with any applicable foreign asset/account, exchange control and tax reporting requirements and should consult his or her personal legal advisor on this matter.

  • Foreign Asset/Account Reporting Notification The Participant must report securities held (including Shares) or any bank or brokerage accounts opened and maintained outside Belgium on the Participant’s annual tax return. In a separate report, the Participant is required to report to the National Bank of Belgium the details of such accounts opened and maintained outside Belgium. This report, as well as additional information on how to complete it, can be found on the website of the National Bank of Belgium, xxx.xxx.xx, under the Kredietcentrales / Centrales des crédits caption.

  • Child Support Compliance Act If the Contract Amount is $100,000 or more, this section is applicable. Contractor recognizes the importance of child and family support obligations and fully complies with (and will continue to comply with during the Term) all applicable state and federal laws relating to child and family support enforcement, including disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq. Contractor provides the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

  • Foreign Asset/Account Reporting; Exchange Controls Participant’s country may have certain foreign asset and/or account reporting requirements and/or exchange controls which may affect Participant’s ability to acquire or hold shares of Stock under the Plan or cash received from participating in the Plan (including from any dividends received or sale proceeds arising from the sale of shares of Stock) in a brokerage or bank account outside Participant’s country. Participant may be required to report such accounts, assets or transactions to the tax or other authorities in his or her country. Participant also may be required to repatriate sale proceeds or other funds received as a result of Participant’s participation in the Plan to his or her country through a designated bank or broker and/or within a certain time after receipt. Participant acknowledges that it is his or her responsibility to be compliant with such regulations, and Participant should consult his or her personal legal advisor for any details.

  • Exchange Act Compliance; Regulations T, U and X None of the transactions contemplated herein or in the other Transaction Documents (including, without limitation, the use of proceeds from the sale of the Collateral Portfolio) will violate or result in a violation of Section 7 of the Exchange Act, or any regulations issued pursuant thereto, including, without limitation, Regulations T, U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R., Chapter II. The Borrower does not own or intend to carry or purchase, and no proceeds from the Advances will be used to carry or purchase, any “margin stock” within the meaning of Regulation U or to extend “purpose credit” within the meaning of Regulation U.

  • FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES 52.246-02 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996) 52.246-02 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996) - ALTERNATE I (JUL 1985) 52.246-02 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996) - ALTERNATE II (JUL 1985) 52.246-03 INSPECTION OF SUPPLIES -- COST-REIMBURSEMENT (MAY 2001) 52.246-04 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996) 52.246-05 INSPECTION OF SERVICES -- COST-REIMBURSEMENT (APR 1984) 52.246-06 INSPECTION -- TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001) 52.246-06 INSPECTION -- TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001) - ALTERNATE I (APR 1984) 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

  • OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

  • Foreign Assets/Account Reporting Information Italian residents who, during the fiscal year, hold investments abroad or foreign financial assets (e.g., cash, Shares and RSUs) which may generate income taxable in Italy are required to report such on their annual tax returns (UNICO Form, RW Schedule) or on a special form if no tax return is due. The same reporting obligations apply to Italian residents who, even if they do not directly hold investments abroad or foreign financial assets (e.g., cash, Shares and RSUs), are beneficial owners of the investment pursuant to Italian money laundering provisions.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!