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5 DE MAIO DE 2016 39

w) The term “Insurance Contract” means a contract (other than an Annuity Contract) under which the issuer

agrees to pay an amount upon the occurrence of a specified contingency involving mortality, morbidity, accident,

liability, or property risk.

x) The term “Annuity Contract” means a contract under which the issuer agrees to make payments for a

period of time determined in whole or in part by reference to the life expectancy of one or more individuals. The

term also includes a contract that is considered to be an Annuity Contract in accordance with the law, regulation,

or practice of the jurisdiction in which the contract was issued, and under which the issuer agrees to make

payments for a term of years.

y) The term “Cash Value Insurance Contract” means an Insurance Contract (other than an indemnity

reinsurance contract between two insurance companies) that has a Cash Value greater than $50,000.

z) The term “Cash Value” means the greater of (i) the amount that the policyholder is entitled to receive upon

surrender or termination of the contract (determined without reduction for any surrender charge or policy loan),

and (ii) the amount the policyholder can borrow under or with regard to the contract. Notwithstanding the

foregoing, the term “Cash Value” does not include an amount payable under an Insurance Contract as:

(1) a personal injury or sickness benefit or other benefit providing indemnification of an economic loss

incurred upon the occurrence of the event insured against;

(2) a refund to the policyholder of a previously paid premium under an Insurance Contract (other than under

a life insurance contract) due to policy cancellation or termination, decrease in risk exposure during the effective

period of the Insurance Contract, or arising from a redetermination of the premium due to correction of posting

or other similar error; or

(3) a policyholder dividend based upon the underwriting experience of the contract or group involved.

aa) The term “Reportable Account” means a U.S. Reportable Account or a Portuguese Reportable Account,

as the context requires.

bb) The term “Portuguese Reportable Account” means a Financial Account maintained by a Reporting U.S.

Financial Institution if: (i) in the case of a Depository Account, the account is held by an individual resident in

Portugal and more than $10 of interest is paid to such account in any given calendar year; or (ii) in the case of a

Financial Account other than a Depository Account, the Account Holder is a resident of Portugal, including an

Entity that certifies that it is resident in Portugal for tax purposes, with respect to which U.S. source income that

is subject to reporting under chapter 3 of subtitle A or chapter 61 of subtitle F of the U.S. Internal Revenue Code

is paid or credited.

cc) The term “U.S. Reportable Account” means a Financial Account maintained by a Reporting Portuguese

Financial Institution and held by one or more Specified U.S. Persons or by a Non-U.S. Entity with one or more

Controlling Persons that is a Specified U.S. Person. Notwithstanding the foregoing, an account shall not be

treated as a U.S. Reportable Account if such account is not identified as a U.S. Reportable Account after

application of the due diligence procedures in Annex I.

dd) The term “Account Holder” means the person listed or identified as the holder of a Financial Account by

the Financial Institution that maintains the account. A person, other than a Financial Institution, holding a

Financial Account for the benefit or account of another person as agent, custodian, nominee, signatory,

investment advisor, or intermediary, is not treated as holding the account for purposes of this Agreement, and

such other person is treated as holding the account. For purposes of the immediately preceding sentence, the

term “Financial Institution” does not include a Financial Institution organized or incorporated in a U.S. Territory.

In the case of a Cash Value Insurance Contract or an Annuity Contract, the Account Holder is any person entitled

to access the Cash Value or change the beneficiary of the contract. If no person can access the Cash Value or

change the beneficiary, the Account Holder is any person named as the owner in the contract and any person

with a vested entitlement to payment under the terms of the contract. Upon the maturity of a Cash Value

Insurance Contract or an Annuity Contract, each person entitled to receive a payment under the contract is treated

as an Account Holder.

ee) The term “U.S. Person” means a U.S. citizen or resident individual, a partnership or corporation organized

in the United States or under the laws of the United States or any State thereof, a trust if (i) a court within the

United States would have authority under applicable law to render orders or judgments concerning substantially