Exchange Control Reporting Clause Samples
Exchange Control Reporting. Participant acknowledges and understands that if he or she is resident or domiciled in Brazil that he or she must submit a declaration of assets and rights held outside of Brazil to the Central Bank annually, if the aggregate value of Participant’s assets and rights exceeds US$100,000. Assets and rights that must be reported include: (i) bank deposits; (ii) loans; (iii) financing transactions; (iv) leases; (v) direct investments; (vi) portfolio investments, including Shares of the Company; (vii) financial derivative investments; and (viii) other investments such as real estate. By accepting the Options, Participant agrees that he or she will comply with Brazilian law when the Shares acquired upon exercise of the Options are sold. Participant also agrees to report and pay any and all taxes associated with the exercise of the Options and sale of any Shares issued when the Options are exercised.
Exchange Control Reporting. Participant acknowledges and understands that cross-border payments in excess of €12,500 must be reported monthly. If Participant uses a German bank to transfer a cross-border payment in excess of €12,500 in connection with the purchase or sale of Shares, the bank will make the report. In addition, Participant must report any receivables or payables or debts in foreign currency exceeding an amount of €5,000,000 on a monthly basis. Finally, Participant must also report his or her holdings annually in the unlikely event that Participant holds Shares representing 10% or more of the total or voting capital of the Company.
Exchange Control Reporting. Participant acknowledges and understands that under regulations adopted by the Argentine Monetary and Banking Authority (“BCRA”), he or she may purchase and remit foreign currency with a value of up to US$2,000,000 per month for the purpose of acquiring foreign securities, including Shares of the Company, without prior approval from the BCRA. However, Participant must execute and submit an affidavit to the BCRA, at the time the foreign currency is purchased, confirming that he or she has not purchased and remitted in excess of US$2,000,000 during the relevant month. Participant should consult with his or her legal advisor regarding any approval or reporting obligations that he or she may have with respect to the exercise of Options, the ownership of Shares and/or the receipt of cash payments from abroad.
Exchange Control Reporting. If Participant acquires Shares valued at more than ¥100,000,000 in a single transaction, Participant must file a Securities Acquisition Report with the Ministry of Finance through the Bank of Japan within 20 days of the purchase of the Shares. 2 In addition, if Participant pays more than ¥30,000,000 in a single transaction for the purchase of Shares when Participant exercises the Option, he or she must file a Payment Report with the Ministry of Finance through the Bank of Japan by the 20th day of the month following the month in which the payment was made. The precise reporting requirements vary depending on whether or not the relevant payment is made through a bank in Japan. A Payment Report is required independently from a Securities Acquisition Report. Therefore, if the total amount that Participant pays upon a one-time transaction for exercising the Option and purchasing Shares exceeds ¥100,000,000, then Participant must file both a Payment Report and a Securities Acquisition Report.
Exchange Control Reporting. If Participant is a resident of Taiwan (including an expatriate holding an Alien Resident Certificate), Participant may acquire foreign currency to purchase Shares and remit the same out of or into Taiwan up to US$5,000,000 per year without justification. If Participant is an expatriate employee who does not have an Alien Resident Certificate, Participant may remit into Taiwan and convert to local currency up to US$100,000 at each remittance with no annual limitation. Remittance of funds for the purchase of Shares must be made through an authorized foreign exchange bank. If the transaction amount is TWD500,000 or more in a single transaction, Participant must submit a Foreign Exchange Transaction Form to the remitting bank. If the transaction amount is US$500,000 or more in a single transaction, Participant must also provide supporting documentation to the satisfaction of the remitting bank.
Exchange Control Reporting. Exchange control reporting is required for cash transactions exceeding A$10,000 and international fund transfers. The Australian bank assisting with the transaction will file the report. If there is no Australian bank involved in the transfer, Participant will be required to file the report.
Exchange Control Reporting. If Participant realizes US$500,000 or more from the sale of Shares, he or she must repatriate the proceeds to Korea within eighteen months of the sale. In addition, if Participant remits funds to purchase Shares, the remittance has to be “confirmed” by a foreign exchange bank in Korea. This is an automatic procedure (i.e., the bank does not need to “approve” the remittance), and it should take no more than a single day to process. To receive the confirmation, Participant should submit (i) a prescribed form application, (ii) the Notice of Grant, the Award Agreement and any other Plan documents Participant received, and (iii) certificates of employment with his or her local employer. Participant should check with the bank to determine whether there are any additional requirements. This confirmation is not necessary for cashless sell-all exercises since there is no remittance out of Korea.
Exchange Control Reporting. The Participant acknowledges and understands that Participants resident or domiciled in Brazil must submit annually a declaration of assets and rights held outside of Brazil to the Central Bank, if the aggregate value of the Participant’s assets and rights exceeds US$100,000. Assets and rights that must be reported include: (i) bank deposits; (ii) loans; (iii) financing transactions; (iv) leases; (v) direct investments; (vi) portfolio investments, including shares of Common Stock acquired upon vesting of the Stock Units; (vii) financial derivative investments; and (viii) other investments such as real estate.
Exchange Control Reporting. Participant acknowledges and understands that if he or she receives Shares upon exercise, he or she may only hold those Shares outside of France if he or she declares all foreign accounts, whether open, current, or closed, in his or her income tax return. Participant must also declare to the customs and excise authorities any cash or securities Participant imports or exports without the use of a financial institution when the value of the cash or securities is equal to or exceeds €7,600. Participant acknowledges and understands that cross-border payments in excess of €12,500 must be reported monthly. If Participant uses a German bank to transfer a cross-border payment in excess of €12,500 in connection with the purchase or sale of Shares, the bank will make the report. In addition, Participant must report any receivables or payables or debts in foreign currency exceeding an amount of €5,000,000 on a monthly basis. Finally, Participant must also report his or her holdings annually in the unlikely event that Participant holds Shares representing 10% or more of the total or voting capital of the Company.
Exchange Control Reporting. When receiving foreign currency payments derived from the ownership of Shares (i.e., as a result of the sale of the Shares), Participant must inform the financial institution receiving the payment, the basis upon which such payment is made. Participant will need to provide the institution with the following information: (i) his or her name, address, and fiscal identification number; (ii) the name and corporate domicile of Company; (iii) the amount of the payment; (iv) the currency used; (v) the country of origin; (vi) the reasons for the payment; and (vii) additional information that may be required.