Issuing Bank; FATCA Clause Samples
The 'Issuing Bank; FATCA' clause defines the responsibilities and obligations of the issuing bank in relation to compliance with the Foreign Account Tax Compliance Act (FATCA). This clause typically requires the issuing bank to provide necessary tax documentation, disclose relevant information to tax authorities, and ensure that any payments made under the agreement are not subject to FATCA withholding. By clarifying these duties, the clause helps prevent unexpected tax withholdings and ensures that all parties remain compliant with U.S. tax regulations, thereby reducing the risk of financial penalties or disruptions in payment flows.
Issuing Bank; FATCA. For purposes of this Section 2.17, the term “Lender” includes any Issuing Bank and the term “Applicable Law” includes FATCA.
