1. I acknowledge that SPIDER FOREX GmbH (hereinafter “SPIDER FOREX”) does not provide any tax or legal or investment advice and I confirm that I have not relied on SPIDER FOREX to provide me with such advice.
2. I understand, appreciate and agree that SPIDER FOREX has and will continue to rely on the information I have provided when considering whether to act and/or continue to act as a manager.
3. I am fully aware and responsible of my own personal tax affairs and declare that I have not been convicted of any tax crimes, including omissions, falsifications or fraudulent conduct perpetrated with willful intent to evade tax or to assist other sin evading tax. All assets which I have contributed or acquired into the account managed by Best are sourced from legitimate sources and are not proceeds of any “Designated Categories of Offences”.
4. I confirm that I have been informed that the account I am setting up or is currently in place could be reportable and/or taxable in my country of tax residency/citizenship, and therefore I should obtain appropriate legal and tax advice in my home jurisdiction and all other relevant jurisdictions.
I hereby declare that I will follow the advice received, and I have complied and will continue to comply with my tax obligations and responsibilities as per my country of tax residency/citizenship as it pertains to the income and assets of the account that is managed by SPIDER FOREX.
Documentation relating to my tax affairs if there is any change to the circumstances declared above and as may be required by you.
5. I hereby declare that I will fully cooperate with any request of SPIDER FOREX to assess the veracity of above Declarations, including the provision of copies of individual tax returns and tax assessments to the extent related to the assets and income of the account or the provision of a Certification of Confirmation by a tax professional (CPA, Attorney) confirming such tax disclosure, or a professional tax opinion stating full compliance with local tax filing requirements.
6. In the event that SPIDER FOREX is under a legal obligation to any applicable governmental authority, directly or indirectly to report or acknowledge the account and/or related income, or incurs tax liability together with me in relation to the assets held in the account and/or related income, SPIDER FOREX shall cooperate with such authorities and any investigation that ensues and may be obligated to enquire or ensure that I have sought or implemented any such tax and/or legal advice and that I am reporting all relevant information to the Tax Authority.
7. I acknowledge that I understand the purpose of this KYC Declaration in connection with AML regulations, with FATCA and the applicable Inter-Governmental Agreement (IGA) and any other regulation regarding the reporting and (automatic) exchange of information to tax authorities or financial institution. I have been duly informed by SPIDER FOREX of the implementation, nature and scope of FATCA and IGA regulations and agreements as well as about their possible impact on the Account(s) which SPIDER FOREX manages for me, respectively on my behalf or for my benefit. Therefore, I hereby release SPIDER FOREX of any confidentiality duty in every respect to FATCA and IGA, and any other regulation regarding the reporting and (automatic) exchange of information to tax authorities or financial institutions, in regards to the information I provided them with and I absolve SPIDER FOREX Group of their duty to comply with the professional secrecy rules accordingly, waiving any rights I any otherwise have pursuant to such professional secrecy rules of any jurisdiction. In the event of such cooperation with tax authorities or reporting and exchange of information to tax authorities or financial institutions, I shall hold SPIDER FOREX harmless for any damages of action resulting from such reporting and exchange of information. Furthermore, I also expressly authorize and instruct SPIDER FOREX to use and disclose any and all information in every respect relating to FATCA and IGA and any other regulation regarding (automatic) exchange of information to tax authorities or financial institutions as mandatory by laws and regulations, especially for the entity classification, its registration with the U.S. Internal Revenue Service or the local tax authorities and its duty of reporting, if applicable.
8. Consent regarding Personal Data. Myself (UBO) and/or Entity give its express consent to SPIDER FOREX and to any of the SPIDER FOREX Group companies (by requesting and benefiting from the services supplied by and SPIDER FOREX company (Services) pursuant to the relevant service contract and the SPIDER FOREX Group’s standard terms (Contract) in connection with the me/entities’ (and any of their associated persons including, without limitation, a holding company, its subsidiary or undertaking – whatever the legal form or legal arrangement -, director, officer, employee, agent or authorized representative (Associated Persons) personal and business data to be gathered, processed, stored, and kept for purposes of (i) performing the obligations contemplated in the Contract and (ii) complying with commercial and other applicable legal duties and obligations (including, anti-money laundering, corporate, accounting and tax reporting) to the extent and for so long as legally required. SPIDER FOREX shall be entitled to transfer any data to any SPIDER FOREX Group company or third party contractor or subcontractor, as permitted by the applicable law. I consent that details of myself/entity and its Associated Persons may be accessed, shared or viewed by any SPIDER FOREX company and by any financial institutions and other private entities involve in the supply of the Services to the Client. Such actions shall not constitute a breach of SPIDER FOREX duty of confidence under the Contract.
9. Permitted Disclosure and Data Sharing. I understand and agree that the Contract constitutes a business-to-business relationship and that certain data relating to me and my Associated Persons/entities may be legally required for the entry into the Contract and for the performance of the Services. Any SPIDER FOREX Group’s company may disclose the mine and entities personal, private or confidential information:
a. to SPIDER FOREX Group’s companies’ directors, officers, employees, agents, representatives or advisers who need to know such information for the purposes of carrying out SPIDER FOREX duties and obligations in connection with the Contract; and
b. as may be required by law, court order or any governmental or regulatory proceedings or pursuant to the requests of any regulatory agency having jurisdiction over the mine (UBO)/entities activities.
10. Electronic Communications. For purposes of the supply of Services, I agree to the use of all means of electronic communications and assume the risk associated with such use. The SPIDER FOREX Group companies shall not be liable to the other party for any losses caused by errors or viruses or by the late or incomplete delivery, corruption, or destruction of information or documents.
11. I declare that the information provided in this form is accurate and complete. I understand any misrepresentation will be caused for SPIDER FOREX to consider immediate termination of relationship and in certain circumstances, SPIDER FOREX may report to Tax/Regulatory Authorities.
12. In case any of the information provided on this KYC changes any time hereafter, I undertake to inform SPIDER FOREX immediately and provide an updated KYC declaration form within 30 days where any change in circumstances occur which causes any of the information contained in this form to be inaccurate or incomplete.