Examples of using Controlling persons in English and their translations into Russian
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Colloquial
Prosecution/protection of the debtor's controlling persons and beneficiaries and imposition of liability on them for the debtor's debts and losses.
At the same time, in relation to this subject, the conditions of the Tax Code of the Russian Federation regarding the controlling persons are being applied.
Under the Model IGAs,the term threshold is replaced by“controlling persons”, which is more than 25% control threshold, based on AML/KYC standards.
Certify and disclose the names, address and TIN of its substantial US owners(i.e. more than 10%)and under IGAs of its controlling persons(i.e. more than 25%).
Special data protection regulations, which makes it possible to suppress all information about controlling persons from public access, is applied with regard to the above persons in specified and exceptional situations.
We have extensive experience of solving tasks on the part of various participants of the bankruptcy procedures: bankruptcy creditors, administrators,debtors and their controlling persons.
Within the framework of fulfilling the above mentioned requirements,it is obligatory to submit information about controlling persons of all operating partnerships and companies in England until 30 June of the current(2017) year.
The Common Reporting Standard stipulates that where the settlor of the trust is the Entity, Reporting Financial Institutions should also identify the Controlling Person(s)of the settlor and report them as Controlling Persons.
The account is the Reportable Account if the Passive NFE has one or more Controlling Persons who are Reportable Persons. .
For the purposes of the due diligence procedures,the additional information obtained under such amended AML/KYC Procedures must be used to determine whether there has been a change of circumstances in relation to identity and/or reportable status of Account Holders and/or Controlling Persons.
Both bare owner("nu-propriétaire") and usufructuary("usufruitier")may be considered as joint Account Holders or as Controlling Persons of the trust for due diligence and reporting purposes.
According to the Law on Controlled Foreign Companies(hereinafter- CFC) taxation on profit was introduced in the Russian Federation for foreign companies and foreign ventures without establishing an entity(including funds)being controlled by tax residents of the Russian Federation controlling persons.
When establishing the tax base,the instructions that are contained in Chapter 3.4 of the Tax Code("Controlled foreign companies and controlling persons") will be exercised in relation to the selected taxes of the foreign organization.
For purposes of determining the Controlling Persons of the Passive NFE, the Common Reporting Standard disallow Reporting Financial Institution to not determine/report such Controlling Person on the basis that there is the Reporting Financial Institution in the ownership chain between the Passive NFE and the Controlling Person. .
The document also preserves the norm that those who have a share of more than 10% in the organization can be regarded as the controlling persons, if tax residents of the Russian Federation participate directly or indirectly in aggregate(50%) in that organization.
CRS Self-Certification Form for use by Controlling Persons(CRS-CP)(342KB, PDF): This form is used by the Controlling Persons of certain Entities including certain trusts, foundations and certain managed Investment Entities that bank with HSBC and are located in countries/jurisdictions that do not participate in the CRS.
There is, though,an approach discussed in the Standard which would allow a Participating jurisdiction to extend reporting to cover their own residents that are Controlling Persons, although this is not a requirement of the Standard.
Also, referring to clause 5, article 25.13 of the Tax Code of the RF,it can be determined that the controlling persons are among others acknowledged as persons exercising management and control over the company in the personal interests or interests of children who have not yet reached the age of eighteen.
Moreover, in the example provided, the Financial Institution does not have and is not required to have any such information on file that indicates the Controlling Person maybe the Reportable Person, it cannot document the residence of the Controlling Persons and does not need to report that person as the Controlling Person. .
So, the controlling persons of an organization can be individuals or legal entities recognized as tax residents of the Russian Federation, as well as spouses or underage children, whose participation in the organization is at least 10%, provided that in this organization the percentage of participation of all persons that have been recognized as residents of the Russian Federation is at least 25.
The income of the CFC, which is a foreign company without registration of a legal entity,decreases in proportion to the amount of dividends that were distributed in the interests of the controlling persons of this organization or in the interests of beneficiaries or other shareholders or members of this organization.
The Depositary, its controlling persons, its agents, any Custodian and the Company, its controlling persons and its agents may rely on, and shall be protected in acting upon, any written notice, request, direction or other document believed by it to be genuine and to have been duly signed or presented by the proper party or parties including a translation which is made by a translator believed by it to be competent or which appears to be authentic.
When determining the Controlling Persons for New Entity Accounts as part of the application of the"look-through" requirement with respect to an Investment Entity resident in a non-Participating Jurisdiction that is a widely-held, regulated, trust-type Collective Investment Vehicle(CIV) or a trust-type pension fund, Reporting Financial Institutions do not need to go beyond the information collected and maintained pursuant to domestic AML/KYC Procedures.
The controlling person shall mean a person who.
Who can be considered a controlling person?
It is also necessary to determine whether you are the controlling person of a controlled foreign company.
Since 2016, the share of a controlling person in a foreign company will decrease from 50% to 25.
If there is a person controlling the Company,the Company shall publish a memorandum of the controlling person in respect of the intentions of such person regarding corporate government in the Company.
In the event that there is a person controlling the Company,the Company publishes a memorandum of the controlling person regarding the plans of such person with respect to corporate governance.