FATCA and CRS Information for Non Individuals Form
FATCA and CRS Information for Non Individuals Form
(Please consult your professional tax advisor for further guidance on FATCA & CRS classification)
*PEP are defined as individuals who are or have been entrusted with prominent public functions in a foreign country, e.g., Heads of States or of Governments,
senior politicians, senior Government/judicial/ military officers, senior executives of state owned corporations, important political party officials, etc.
Fatca, Crs, Ultimate Beneficial Ownership (UBO) Self Certification & Npo Declaration Form-non-individuals
Non-Individual Investors involved/ Foreign Exchange / Money Changer Services Gaming / Gambling / Lottery / Casino Services
providing any of the mentioned services Money Lending / Pawning None of the above
1.
2.
3.
%
In case Tax Identification Number is not available, kindly provide its functional equivalent.
In case TIN or its functional equivalent is not available, please provide Company Identification number or Global Entity Identification Number or GIIN, etc.
In case the Entity's Country of Incorporation / Tax residence is U.S. but Entity is not a Specified U.S. Person, mention Entity's exemption code here
Please refer to para 3(vii) Exemption code for U. S. persons under Part D of FATCA instructions & Definitions
PART B (please fill any one as appropriate “to be filled by NFEs other than Direct Reporting NFEs”)
1. Is the Entity a publicly traded company (that is, a (If yes, please specify any one stock exchange on which the stock is
Yes No regularly traded)
company whose shares are regularly traded on an
established securities market) (Refer 2a of Part C) Name of stock exchange__________________________________
(If yes, please specify name of the listed company and one stock
2. Is the Entity a related entity of a publicly traded Yes No exchange on which the stock is regularly traded)
company (a company whose shares are regularly Name of listed company__________________________________
traded on an established securities market) (Refer 2b of Nature of relation: Subsidiary of the Listed Company or Controlled by a Listed Company
Part C)
Name of stock exchange__________________________________
3. Is the Entity an active NFE (Refer 2c of Part C) Yes No
Nature of Business______________________________________
Please specify the sub-category of Active NFE (Mention code – refer 2c of Part C)
We are falling under “Non-Profit Organization” [NPO] which has been constituted for religious or
charitable purposes referred to in clause (15) of section 2 of the Income-tax Act, 1961 (43 of 1961), and
Yes No
is registered as a trust or a society under the Societies Registration Act, 1860 (21 of 1860) or any similar
State legislation or a Company registered under the section 8 of the Companies Act, 2013 (18 of 2013).
If not, please register immediately and confirm with the above information. Failure to get above confirmation or registration with the portal as mandated,
wherever applicable will force MF / AMC to register your entity name in the above portal and may report to the relevant authorities as applicable. We
am/are aware that we may be liable for it for any fines or consequences as required under the respective statutory requirements and authorize you to
deduct such fines/charges under intimation to me/us or collect such fines/charges in any other manner as might be applicable.
UBO Declaration (Mandatory for all entities except, a Publicly Traded Company or a related entity of Publicly Traded Company)
Category (Please tick applicable category): Unincorporated association / body of individuals Unlisted Company
Fatca, Crs, Ultimate Beneficial Ownership (UBO) Self Certification & Npo Declaration Form-non-individuals
provide FFI Owner Reporting Statement and Auditor's Letter with required details as mentioned in Form W8 BEN E (Refer 3(vi) of Part C)
Name of UBO
PAN #
Address
Tax ID %
Tax ID Type
City of Birth
Country of birth
Nationality
Father's Name
Gender Male Female Others Male Female Others Male Female Others
Name
Designation
Place ______________
Signature Signature Signature
Date ___/ ___/ ______
The term FI means any financial institution that is a Depository Institution, Custodial Institution, Investment Entity or Specified Insurance
company, as defined.
• Depository institution: is an entity that accepts deposits in the ordinary course of banking or similar business.
Fatca, Crs, Ultimate Beneficial Ownership (UBO) Self Certification & Npo Declaration Form-non-individuals
• Custodial institution: is an entity that holds as a substantial portion of its business, holds financial assets for the account of others and
where it's income attributale to holding financial assets and related financial services equals or exceeds 20 percent of the entity's gross
income during the shorter of-
(i) The three financial years preceding the year in which determination is made; or
(ii) The period during which the entity has been in existence, whichever is less.
• Investment entity is any entity:
3 That primarily conducts a business or operates for or on behalf of a customer for any of the following activities or operations for or
on behalf of a customer
(I) Trading in money market instruments (cheques, bills, certificates of deposit, derivatives, etc.); foreign exchange; exchange, interest
rate and index instruments; transferable securities; or commodity futures trading; or
(ii) Individual and collective portfolio management; or
(iii) Investing, administering or managing funds, money or financial asset or money on behalf of other persons;
or
3 The gross income of which is primarily attributable to investing, reinvesting, or trading in financial assets, if the entity is managed by
another entity that is a depository institution, a custodial institution, a specified insurance company, or an investment entity
described above. An entity is treated as primarily conducting as a business one or more of the 3 activities described above, or an
entity's gross income is primarily attributable to investing, reinvesting, or trading in financial assets of the entity's gross income
attributable to the relevant activities equals or exceeds 50 percent of the entity's gross income during the shorter of :
(i) The three-year period ending on 31 March of the year preceding the year in which the determination is made; or
(ii) The period during which the entity has been in existence.
The term “Investment Entity” does not include an entity that is an active non-financial entity as per codes 03, 04, 05 and 06 (refer
point 2c.)
• Specified Insurance Company: Entity that is an insurance company (or the holding company of an insurance company) that issues,
or is obligated to make payments with respect to, a Cash Value Insurance Contract or an Annuity Contract.
The NFE is a related entity of an entity of which is regularly traded on an established securities market;
03 Substantially all of the activities of the NFEconsist of holding (in whole or in part) the outstanding stock of, or providing financing and
services to, one or more subsidiaries that engage in trades or businesses other than the business of a Financial Institution, except that an
entity shall not qualify for this status if the entity functions as an investment fund, such as a private equity fund, venture capital fund,
leveraged buyout fund, or any investment vehicle whose purpose is to acquire or fund companies and then hold interests in those
Fatca, Crs, Ultimate Beneficial Ownership (UBO) Self Certification & Npo Declaration Form-non-individuals
companies as capital assets for investment purposes;
04 The NFE is not yet operating a business and has no prior operating history, but is investing capital into assets with the intent to operate a business
other than that of a Financial Institution, provided that the NFE shall not qualify for this exception after the date that is 24 months after the date of
the initial organization of the NFE;
05 The NFE was not a Financial Institution in the past five years, and is in the process of liquidating its assets or is reorganizing with the intent to
continue or recommence operations in a business other than that of a Financial Institution;
06 The NFE primarily engages in financing and hedging transactions with, or for, Related Entities that are not Financial Institutions, and does not
provide financing or hedging services to any Entity that is not a Related Entity, provided that the group of any such Related Entities is primarily
engaged in a business other than that of a Financial Institution;
07 Any NFE that fulfills all of the following requirements:
• It is established and operated in India exclusively for religious, charitable, scientific, artistic, cultural, athletic, or educational purposes; or it
is established and operated in India and it is a professional organization, business league, chamber of commerce, labor organization,
agricultural or horticultural organization, civic league or an organization operated exclusively for the promotion of social welfare;
• It is exempt from income tax in India;
• It has no shareholders or members who have a proprietary or beneficial interest in its income or assets;
The applicable laws of the NFE's country or territory of residence or the NFE's formation documents do not permit any income or assets of the
NFE to be distributed to, or applied for the benefit of, a private person or non-charitable Entity other than pursuant to the conduct of the NFE's
charitable activities, or as payment of reasonable compensation for services rendered, or as payment representing the fair market value of
property which the NFE has purchased; and The applicable laws of the NFE's country or territory of residence or the NFE's formation
documents require that, upon the NFE's liquidation or dissolution, all of its assets be distributed to a governmental entity or other non-profit
organization, or escheat to the government of the NFE's country or territory of residence or any political subdivision thereof.
Explanation.- For the purpose of this sub-clause, the following shall be treated as fulfilling the criteria provided in the said sub-clause,
namely:-
(I) an Investor Protection Fund referred to in clause (23EA);
(II) a Credit Guarantee Fund Trust for Small Industries referred to in clause 23EB; and
(III) an Investor Protection Fund referred to in clause (23EC),
of section 10 of the Act;
3. Other definitions
(i) Related entity
An entity is a 'related entity' of another entity if either entity controls the other entity, or the two entities are under common control For
this purpose, control includes direct or indirect ownership of more than 50% of the votes and value in an entity.
(ii) Passive NFE
The term passive NFE means
(1) any non-financial entity which is not an active non-financial entity including a publicly traded corporation or related entity of a
publicly traded company;
or
(2) an investment entity defined in clause (1) of these instructions
(3) a withholding foreign partnership or withholding foreign trust;
(Note: Foreign persons having controlling interest in a passive NFE are liable to be reported for tax information compliance purposes)
(iii) Passive income
The term passive income includes income by way of :
(1) Dividends,
(2) Interest
(3) Income equivalent to interest,
(4) Rents and royalties, other than rents and royalties derived in the active conduct of a business conducted, at least in part, by
employees of the NFE
(5) Annuities
(6) The excess of gains over losses from the sale or exchange of financial assets that gives rise to passive income
(7) The excess of gains over losses from transactions (including futures, forwards, options and similar transactions) in any financial
assets,
(8) The excess of foreign currency gains over foreign currency losses
(9) Net income from swaps
(10) Amounts received under cash value insurance contracts
But passive income will not include, in case of a non-financial entity that regularly acts as a dealer in financial assets, any income
from any transaction entered into in the ordinary course
of such dealer's business as such a dealer.
(1) More than 10% of shares or capital or profits of the juridical person, where the juridical person is a company;
(2) More than 10% of the capital or profits of the juridical person, where the juridical person is a partnership firm or who exercises control*
through other means;
*Control shall include the right to control the management or the policy decision.
(3) More than 15% of the property or capital or profits of the juridical person, where the juridical person is an unincorporated association or
Fatca, Crs, Ultimate Beneficial Ownership (UBO) Self Certification & Npo Declaration Form-non-individuals
body of individuals.
(4) Where no natural person is identified the identity of the relevant natural person who holds the position of senior managing official.
(5) Where the client is a trust, the financial institution shall identify the beneficial owners of the client and take reasonable measures to
verify the identity of such persons, through the identity of the settler of the trust, the trustee, the protector, the beneficiaries with 10% or
more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or
ownership.
(6) Where the client or the owner of the controlling interest is an entity listed on a stock exchange in India, or it is an entity resident in
jurisdictions notified by the Central Government and listed on stock exchanges in such jurisdictions notified by the Central Government,
or it is a subsidiary of such listed entities, it is not necessary to identify and verify the identity of any shareholder or beneficial owner of
such entities.
(A) Controlling Person Type:
Code Sub-category
01 CP of legal person-ownership
02 CP of legal person-other means
03 CP of legal person-senior managing official
04 CP of legal arrangement-trust-settlor
05 CP of legal arrangement-trust-trustee
06 CP of legal arrangement-trust-protector
07 CP of legal arrangement-trust-beneficiary
08 CP of legal arrangement-trust-other
09 CP of legal arrangement-Other-settlor equivalent
10 CP of legal arrangement-Other-trustee equivalent
11 CP of legal arrangement-Other-protector equivalent
12 CP of legal arrangement-Other-beneficiary equivalent
13 CP of legal arrangement-Other-other equivalent
(v) Specified U.S. person – A U.S person other than the following:
(1) a corporation the stock of which is regularly traded on one or more established securities markets;
(2) any corporation that is a member of the same expanded affiliated group, as defined in section 1471(e)(2) of the U.S. Internal
Revenue Code, as a corporation described in clause (I);
(3) the United States or any wholly owned agency or instrumentality thereof;
(4) any State of the United States, any U.S. Territory, any political subdivision of any of the foregoing, or any wholly owned agency or
instrumentality of any one or more of the foregoing;
(5) any organization exempt from taxation under section 501(a) of the U.S. Internal Revenue Code or an individual retirement plan as
defined in section 7701(a)(37) of the U.S. Internal Revenue Code;
(6) any bank as defined in section 581 of the U.S. Internal Revenue Code;
(7) any real estate investment trust as defined in section 856 of the U.S. Internal Revenue Code;
(8) any regulated investment company as defined in section 851 of the U.S. Internal Revenue Code or any entity registered with the U.S.
Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. 80a-64);
(9) any common trust fund as defined in section 584(a) of the U.S. Internal Revenue Code;
(10)any trust that is exempt from tax under section 664(c) of the U.S. Internal Revenue Code or that is described in section 4947(a)(1)
of the U.S. Internal Revenue Code;
(11) a dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards,
and options) that is registered as such under the laws of the United States or any State;
(12)a broker as defined in section 6045(c) of the U.S. Internal Revenue Code; or
(13)any tax-exempt trust under a plan that is described in section 403(b) or section 457(g) of the U.S. Internal Revenue Code.
(vi) Owner documented FFI
An FFI meets the following requirements:
(a) The FFI is an FFI solely because it is an investment entity;
(b) The FFI is not owned by or related to any FFI that is a depository institution, custodial institution, or specified insurance company;
(c) The FFI does not maintain a financial account for any non participating FFI;
(d) The FFI provides the designated withholding agent with all of the documentation and agrees to notify the withholding agent if
there is a change in circumstances; and
(e) The designated withholding agent agrees to report to the IRS (or, in the case of a reporting Model 1 IGA, to the relevant foreign
government or agency thereof) all of the information described in or (as appropriate) with respect to any specified U.S. persons
and (2). Notwithstanding the previous sentence, the designated withholding agent is not required to report information with
respect to an indirect owner of the FFI that holds its interest through a participating FFI, a deemed-compliant FFI (other than an
owner-documented FFI), an entity that is a U.S. person,an exempt beneficial owner, or an excepted NFE.
Code Sub-category
Fatca, Crs, Ultimate Beneficial Ownership (UBO) Self Certification & Npo Declaration Form-non-individuals
A An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)
C A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities
D A corporation the stock of which is regularly traded on one or more established securities markets, as described in Reg.
section 1.1472-1(c)(1)(i)
E A corporation that is a member of the same expanded affiliated group as a corporation described in Reg. section 1.1472-1(c)(1)(i)
F A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures,
forwards, and options) that is registered as such under the laws of the United States or any state
H A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the
Investment Company Act of 1940
K A broker
L A trust exempt from tax under section 664 or described in section 4947(a)(1)
M A tax exempt trust under a section 403(b) plan or section 457(g) plan