FAQs
Skip information indexFinancial institutions required to report. Form 290 filers
No, it can be any type of entity as long as it has adequate procedures for compliance with due diligence measures and the conservation of documents.
In the case of an investment fund, although it may be common for the managing entity, as its representative and by application of article 5.3 of the Agreement, to be responsible for compliance with the obligations derived from the Agreement, nothing prevents compliance with the obligations is carried out through another entity, provided that the provisions of said article 6 are complied with. However, if the investment fund is eligible for the category of financial institution considered compliant for the purposes of being a financial institution not required to communicate information, both the fund and its sponsoring entity must comply with the requirements indicated in this regard in Section II of Annex II to the Agreement.
Yes. The marketer's obligation in this case is independent of whether or not the country where the foreign collective investment institution is established has signed a FATCA Agreement with the United States of America.