- 1
- For the purposes of this Agreement, unless otherwise defined:
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- a)the term “Party” means the Netherlands or the Cayman Islands as the context requires;
- b)the term “the Netherlands” means the part of the Kingdom of the Netherlands that is situated in Europe, including its territorial sea, and any area beyond the territorial sea within which the Netherlands, in accordance with international law, exercises jurisdiction or sovereign rights with respect to the sea bed, its sub soil and its superjacent waters, and their natural resources;
- c)the term “the Cayman Islands” means the territory of the Cayman Islands and includes the territorial sea and areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised;
- d)the term “competent authority” means
- (i)in the case of the Netherlands the Minister of Finance or his authorized representative;
- (ii)in the case of the Cayman Islands the Tax Information Authority;
- e)the term “person” includes an individual, a company and any other body of persons;
- f)the term “company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
- g)the term “publicly traded company” means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold “by the public” if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors;
- h)the term “principal class of shares” means the class or classes of shares representing a majority of the voting power and value of the company;
- i)the term “recognised stock exchange” means the stock exchanges of the Netherlands, the Cayman Islands and any stock exchange agreed upon by the competent authorities of the Parties;
- j)the term “collective investment fund or scheme” means any pooled investment vehicle, irrespective of legal form. The term “public collective investment fund or scheme” means any collective investment fund or scheme provided the units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed by the public. Units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed “by the public” if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors;
- k)the term “tax” means any tax to which the Agreement applies;
- l)the term “applicant Party” means the Party requesting information;
- m)the term “requested Party” means the Party requested to provide information;
- n)the term “information gathering measures” means laws and administrative or judicial procedures that enable a Party to obtain and provide the requested information;
- o)the term “information” means any fact, statement or record in any form whatever;
- p)the term “criminal tax matters” means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party;
- q)the term “ criminal laws” means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes.
- 2
- As regards the application of this Agreement at any time by a Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Party, any meaning under the applicable tax laws of the applicant state prevailing over a meaning given to the term under other laws of that state.
