Article 3 Definitions

In this Agreement:

‘the Netherlands’ means the part of the Kingdom of the Netherlands that is situated in Europe, including its territorial seas and any area beyond the territorial sea within which the Netherlands, in accordance with international law, exercises jurisdiction or sovereign rights;

‘Jersey’ means the Bailiwick of Jersey, including its territorial sea;

‘company’ means any body corporate or any entity that is treated as a body corporate for tax purposes;

‘competent authority’ means, in the case of the Netherlands the Minister of Finance or his authorised representative; in the case of Jersey, the Treasury and Resources Minister or his authorised representative;

‘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;

‘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;

‘information gathering measures’ means laws and administrative or judicial procedures enabling a requested party to obtain and provide the information requested;

‘information’ means any fact, statement, document or record in whatever form;

‘person’ means a natural person, a company or any other body or group of persons;

‘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;

‘principal class of shares’ means the class or classes of shares representing a majority of the voting power and value of the company;

‘recognised stock exchange’ means any stock exchange agreed upon by the competent authorities of the Parties;

‘public collective investment scheme’ means any scheme or fund, in which the purchase sale or redemption of shares or other interests is not implicitly or explicitly restricted to a limited group of investors;

‘requested party’ means the party to this Agreement which is requested to provide or has provided information in response to a request;

‘requesting party’ means the party to this Agreement submitting a request for or having received information from the requested party;

‘tax’ means any tax covered by this Agreement;

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 laws 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.