Common use of New Entity Accounts Clause in Contracts

New Entity Accounts. The following rules and procedures apply to accounts held by entities and opened on or after January 1, 2014 (“New Entity Accounts”). A. The Reporting Swiss Financial Institution must determine whether the Account Holder is: (i) a Specified U.S. Person; (ii) a Swiss Financial Institution or other Partner Jurisdiction Financial Institution; (iii) a participating FFI, a deemed-compliant FFI, an exempt beneficial owner, or an excepted FFI, as those terms are defined in relevant U.S. Treasury Regulations; or (iv) an Active NFFE or Passive NFFE. B. A Reporting Swiss Financial Institution may determine that an Account Holder is an Active NFFE, a Swiss Financial Institution, or another Partner Jurisdiction Financial Institution if the Reporting Swiss Financial Institution reasonably determines that the entity has such status on the basis of information that is publicly available or in the possession of the Reporting Swiss Financial Institution. C. In all other cases, a Reporting Swiss Financial Institution must obtain a self- certification from the Account Holder to establish the Account Holder’s status. 1. If the entity Account Holder is a Specified U.S. Person, the Reporting Swiss Financial Institution must treat the account as a U.S. Account. 2. If the entity Account Holder is a Passive NFFE, the Reporting Swiss Financial Institution must identify the Controlling Persons as determined under AML/KYC Procedures, and must determine whether any such person is a citizen or resident of the United States on the basis of a self-certification from the Account Holder or such person. If any such person is a citizen or resident of the United States, the account shall be treated as a U.S. Account. 3. If the entity Account Holder is: (i) a U.S. Person that is not a Specified U.S. Person; (ii) subject to subparagraph C (4) of this section, a Swiss Financial Institution or another Partner Jurisdiction Financial Institution; (iii) a participating FFI, a deemed-compliant FFI, an exempt beneficial owner, or an excepted FFI, as those terms are defined in relevant U.S. Treasury Regulations;

New Entity Accounts. The following rules and procedures apply to accounts held by entities and opened on or after January July 1, 2014 (“New Entity Accounts”). A. The Reporting Swiss Financial Institution must determine whether the Account Holder is: (i) a Specified U.S. Person; (ii) a Swiss Financial Institution or other Partner Jurisdiction Financial Institution; (iii) a participating FFI, a deemed-compliant FFI, an exempt beneficial owner, or an excepted FFI, as those terms are defined in relevant U.S. Treasury Regulations; or (iv) an Active NFFE or Passive NFFE. B. A Reporting Swiss Financial Institution may determine that an Account Holder is an Active NFFE, a Swiss Financial Institution, or another Partner Jurisdiction Financial Institution if the Reporting Swiss Financial Institution reasonably determines that the entity has such status on the basis of information that is publicly available or in the possession of the Reporting Swiss Financial Institution. C. In all other cases, a Reporting Swiss Financial Institution must obtain a self- certification from the Account Holder to establish the Account Holder’s status. 1. If the entity Account Holder is a Specified U.S. Person, the Reporting Swiss Financial Institution must treat the account as a U.S. Account. 2. If the entity Account Holder is a Passive NFFE, the Reporting Swiss Financial Institution must identify the Controlling Persons as determined under AML/KYC Procedures, and must determine whether any such person is a citizen or resident of the United States on the basis of a self-certification from the Account Holder or such person. If any such person is a citizen or resident of the United States, the account shall be treated as a U.S. Account. 3. If the entity Account Holder is: (i) a U.S. Person that is not a Specified U.S. Person; (ii) subject to subparagraph C (4) of this section, a Swiss Financial Institution or another Partner Jurisdiction Financial Institution; (iii) a participating FFI, a deemed-compliant FFI, an exempt beneficial owner, or an excepted FFI, as those terms are defined in relevant U.S. Treasury Regulations;

New Entity Accounts. The following rules and procedures apply to accounts held by entities and opened on or after January 1, 2014 (“New Entity Accounts”). A. The Reporting Swiss Financial Institution must determine whether the Account Holder is: (i) a Specified U.S. Person; (ii) a Swiss Financial Institution or other Partner Jurisdiction Financial Institution; (iii) a participating FFI, a deemed-compliant FFI, an exempt ex- empt beneficial owner, or an excepted FFI, as those terms are defined in relevant U.S. Treasury Regulations; or (iv) an Active NFFE or Passive NFFE. B. A Reporting Swiss Financial Institution may determine that an Account Holder is an Active NFFE, a Swiss Financial Institution, or another Partner Jurisdiction Financial Institution if the Reporting Swiss Financial Institution reasonably determines that the entity enti- ty has such status on the basis of information that is publicly available or in the possession of the Reporting Swiss Financial Institution. C. In all other cases, a Reporting Swiss Financial Institution must obtain a self- certification from the Account Holder to establish the Account Holder’s status. 1. If the entity Account Holder is a Specified U.S. Person, the Reporting Swiss Financial Institution must treat the account as a U.S. Account. 2. If the entity Account Holder is a Passive NFFE, the Reporting Swiss Financial Fi- nancial Institution must identify the Controlling Persons as determined under AML/KYC Procedures, and must determine whether any such person is a citizen or resident of the United States on the basis of a self-certification from the Account Holder or such person. If any such person is a citizen or resident of the United States, the account shall be treated as a U.S. Account. 3. If the entity Account Holder is: (i) a U.S. Person that is not a Specified U.S. Person; (ii) subject to subparagraph C (4) of this section, a Swiss Financial Institution or another Partner Jurisdiction Financial Institution; (iii) a participating FFI, a deemed-compliant FFI, an exempt beneficial owner, or an excepted FFI, as those terms are defined in relevant U.S. Treasury Regulations;; (iv) an Active NFFE; or (v) a Passive NFFE none of the Controlling Persons of which is a U.S. citizen or resident, then the account is not a U.S. Account and no reporting is re- quired with respect to the account. 4. If the entity Account Holder is a Nonparticipating Financial Institution (in- cluding a Swiss Financial Institution or other Partner Jurisdiction Financial Institu- tion that is identified by the IRS as a Nonparticipating Financial Institution as de- scribed in paragraph 2 of Article 11 of the Agreement), then the account is not a U.S. Account, but payments to the Account Holder must be reported consistent with the requirements of an FFI Agreement.