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Amendment of Schedule 2B (investment undertakings declarations) to Principal Act.
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45.—(1) Schedule 2B to the Principal Act is amended—
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(a) in paragraph 13 by substituting the following for subparagraphs (d) and (e):
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“(d) declares that—
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(i) at the time of making the declaration, to the best of the intermediary's knowledge and belief, the person who has beneficial entitlement to each of the units in respect of which the declaration is made—
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(I) is not resident in the State, where that person is a company, and
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(II) where that person is not a company, the person is neither resident nor ordinarily resident in the State, and
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(ii) unless the investment undertaking is notified in writing to the contrary, every subsequent application by the intermediary to acquire units in the investment undertaking or an investment undertaking associated with the first-mentioned investment undertaking, shall be on behalf of such a person,
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(e) contains an undertaking that where the intermediary becomes aware at any time that the declaration made in accordance with subparagraph (d) is no longer correct, the intermediary will notify the investment undertaking in writing accordingly, and”,
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and
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(b) by inserting the following after paragraph 13:
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“Certain resident entities: declaration of intermediary
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14. The declaration referred to in section 739D(9A)(a) is a declaration in writing to the investment undertaking which—
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(a) is made and signed by the intermediary,
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(b) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
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(c) contains the name and address of the intermediary,
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(d) declares that—
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(i) at the time of making the declaration, to the best of the intermediary's knowledge and belief, the person who has beneficial entitlement to each of the units in respect of which the declaration is made is a person referred to in paragraphs (a) to (h) of section 739D(6), and
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(ii) unless the investment undertaking is notified in writing to the contrary, every subsequent application by the intermediary to acquire units in the investment undertaking or an investment undertaking associated with the first-mentioned investment undertaking, shall be on behalf of such a person,
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(e) contains an undertaking that where the intermediary becomes aware at any time that the declaration made under subparagraph (d) is no longer correct, the intermediary will notify the investment undertaking in writing accordingly, and
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(f) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 1A of Part 27.”.
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