US Person: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 6: Line 6:
:(ii) organized or incorporated under the laws of any jurisdiction other than the United States; and, it is formed by a [[U.S. person]] principally for the purpose of investing in securities not registered under the [[Securities Act of 1933]], unless it is organized or incorporated, and owned, by [[accredited investor]]s (as defined in [[Regulation D]] of the 1933 Act) who are not [[natural person]]s, estates or trusts.  
:(ii) organized or incorporated under the laws of any jurisdiction other than the United States; and, it is formed by a [[U.S. person]] principally for the purpose of investing in securities not registered under the [[Securities Act of 1933]], unless it is organized or incorporated, and owned, by [[accredited investor]]s (as defined in [[Regulation D]] of the 1933 Act) who are not [[natural person]]s, estates or trusts.  


===Securities Exchange Act of 1934===
===[[Securities Exchange Act of 1934]]===
Under Part 240.3a71-3(a)(4) of the Exchange Act, a [[US Person]] is:
Under Part 240.3a71-3(a)(4) of the [[Exchange Act]], a [[US Person]] is:
*Any natural person who resides in the United States.
*Any natural person who resides in the United States.
*Any partnership, corporation, trust, investment vehicle, or other legal person organized, incorporated, or established under the laws of the United States or having its principal place of business<ref>*Under the final rules, a “principal place of business” means “the location from which the officers, partners, or managers of the legal person primarily direct, control, and coordinate the activities of the legal person.” This definition also provides that the principle place of business for an externally managed investment vehicle “is the office from which the manager of the vehicle primarily directs, controls, and coordinates the investment activities of the vehicle.” in the United States. </ref>
*Any partnership, corporation, trust, investment vehicle, or other legal person organized, incorporated, or established under the laws of the United States or having its principal place of business<ref>*Under the final rules, a “principal place of business” means “the location from which the officers, partners, or managers of the legal person primarily direct, control, and coordinate the activities of the legal person.” This definition also provides that the principle place of business for an externally managed investment vehicle “is the office from which the manager of the vehicle primarily directs, controls, and coordinates the investment activities of the vehicle.” in the United States. </ref>