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Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

ARTICLE 4

Definitions

(1) For the purposes of this Agreement, unless otherwise defined:

  • (a) the term "Contracting Party" means Spain or the Kingdom of the Netherlands in respect of the Netherlands Antilles as the context requires;
  • (b) the term "Spain" means the Kingdom of Spain and, when used in a geographical sense, means the territory of the Kingdom of Spain including inland waters, its territorial sea and any area outside the territorial sea upon which, in accordance with international law and on application of its domestic legislation, the Kingdom of Spain exercises or may exercise in the future jurisdiction or sovereign rights with respect to the seabed, its subsoil and superjacent waters, and their natural resources;
  • (c) the term "Netherlands Antilles" means that part of the Kingdom of the Netherlands that is situated in the Caribbean area and consists of the Island Territories of Bonaire, Curaçao, Saba, St. Eustatius and St. Maarten (Dutch part);
  • (d) the term "competent authority" means:
    • (i) in the case of Spain, the Minister of Economy and Finance or his authorised representative;
    • (ii) in the case of the Netherlands Antilles, the Minister of Finance or his authorised representative;
  • (e) the term "person" includes an individual, a company and any other body of persons;
  • (f) the term "company" means any body corporate or any entity that is treated as a body corporate for tax purposes;
  • (g) the term "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;
  • (h) the term "principal class of shares" means the class or classes of shares representing a majority of the voting power and value of the company;
  • (i) the term "recognised stock exchange" means any stock exchange that operates under the supervision of a Regulatory Authority whose regulations contain sufficient safeguards against private limited companies posing as publicly listed companies;
  • (j) the term "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;
  • (k) the term "tax" means any tax to which the Agreement applies;
  • (l) the term "Applicant Party" means the Contracting Party requesting information and/or assistance for notification;
  • (m) the term "Requested Party" means the Contracting Party requested to provide information and/or to assist with notification;
  • (n) the term "information gathering measures" means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information;
  • (o) the term "information" means any fact, statement or record in any form whatever;
  • (p) the term "criminal laws" means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes;
  • (q) the term "notification" means the delivery of documents to residents of either one of the Contracting Parties in accordance with the rules of the Contracting Party which makes such delivery.

(2) As regards the application of this Agreement at any time by a Contracting 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.