06.06 – Current a currently effective power of attorney or signatory authority granted to a person with an address in a CD or Gibraltar

Financial Institutions must already search the current addresses held for each account holder under the regulations to implement the US agreement (see sections 5.8 and 5.11 of the US guidance).

Where the indicia found is a currently effective power of attorney or signatory authority with a CD or Gibraltar address, the account must be reported unless the UK Financial Institution obtains or currently maintains a record of the following:

  • a self certification that the account holder is not a CD or Gibraltar resident for tax purposes; and
  • any piece of documentary evidence, as defined in paragraph VI.D. of Annex I in the CD and Gibraltar Agreements, establishing the Account Holder’s non-residence status.

Financial Institution with a Local Client Base

Identification of the Account Holder as having granted an effective power of attorney or signatory authority to a person with an address that is within a CD or Gibraltar would mean that the account would be identified as provided to a person who is NOT a resident of the UK.

This category of account would also be subject to due diligence by a Financial Institution with a Local Client Base that is a Deemed Compliant Financial Institution under the regulations to implement the US agreement.