116 | II Série A - Número: 018S2 | 18 de Outubro de 2010

taxes, if the Parties so agree. The competent authority of each Party shall notify the other of substantial changes in laws which may affect the obligations of that Party pursuant to this Agreement.

Article 4 Definitions

1. In this Agreement:

a) The term “Portugal” when used in a geographical sense comprises the territory of the Portuguese Republic in accordance with the International Law and the Portuguese Legislation, including its territorial sea, as well as those maritime areas adjacent to the outer limit of the territorial sea, comprising the seabed and subsoil thereof, over which the Portuguese Republic exercises sovereign rights or jurisdiction; b) “Jersey” means the Bailiwick of Jersey, including the territorial sea; c) “Company” means any body corporate or any entity that is treated as a body corporate for tax purposes; d) “Competent authority” means, in the case of Portugal, the Minister of Finance, the Director General of Taxation (Director-Geral dos Impostos) or their authorized representative; and, in the case of Jersey the Treasury and Resources Minister or his authorised representative; e) “Criminal laws” means all criminal laws designated as such under domestic law, irrespective of whether such are contained in the tax laws, the criminal code or other statutes; f) “Criminal tax matters” means tax matters involving intentional conduct whether before or after the entry into force of this Agreement which is liable to prosecution under the criminal laws of the requesting Party; g) “Information gathering measures” means laws and administrative or judicial procedures enabling the requested Party to obtain and provide the information requested; h) “Information” means any fact, statement, document or record in whatever form; i) “Person” means a natural person, a company or any other body or group of persons; j) “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; k) “Principal class of shares” means the class or classes of shares representing a majority of the voting power and value of the company; l) “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; m) “Recognised stock exchange” means any stock exchange agreed upon by the competent authorities of the Parties; n) “Requested Party” means the Party to this Agreement which is requested to provide or has provided information in response to a request; o) “Requesting Party” means the Party to this Agreement submitting a request for or having received information from the requested Party; p) “Tax” means any tax covered by this Agreement.

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 that Party prevailing over a meaning given to the term under other laws of that Party.