{
  "url": "https://openlegislation.uk/montserrat-reporting-of-savings-income-information-order-2005/article-5",
  "json_url": "https://openlegislation.uk/montserrat-reporting-of-savings-income-information-order-2005/article-5.json",
  "legislation": "uksi/2005/1466",
  "legislation_title": "The Montserrat Reporting of Savings Income Information Order 2005",
  "legislation_url": "https://openlegislation.uk/montserrat-reporting-of-savings-income-information-order-2005",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Meaning of residual entity",
  "text": "(1) Subject to paragraph (2), a residual entity is an entity established in a member State or in Montserrat other than an entity—\n(a) which is a legal person;\n(b) the profits of which are taxed under the general arrangements for business taxation; or\n(c) which is a UCITS authorised in accordance with the European UCITS Directive; or\n(d) which is an undertaking for collective investments established in Montserrat and which is equivalent to a UCITS authorised in accordance with the European UCITS Directive.\n(2) In paragraph (1)(a) a legal person excludes—\n(a) in Finland, avoin yhtiö (Ay) and kommandiittiyhtiö (Ky)/ öppet bolag and kommanditbolag; and\n(b) in Sweden, handelsbolag HB) and kommanditbolag (KB).\n(3) A paying agent shall regard an entity as a residual entity unless the paying agent has reason to believe, on the basis of official evidence produced by the entity to the paying agent, that any sub-paragraph of paragraph (1) applies.\n(4) An entity which presents to the paying agent or economic operator a certificate issued by the relevant territory in which that entity is established to the effect that it is to be treated as if it were a UCITS authorised in accordance with the European UCITS Directive shall be treated as such for the purposes of this article.\nHere “relevant territory” means, as the case requires, a member State or Montserrat.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/1466/article/5",
    "retrieved_at": "2026-10-29T04:58:20.900323+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}