Article 4 - DEFINITIONS - British Virgin Islands

ARTICLE 4 DEFINITIONS 1. In this Agreement- (a) British Virgin Islands means the territory of the Virgin islands as referred to in the Virgin islands Constitution Order 2007; (b) India means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the U.N. Convention on the Law of the Sea; (c) citizen means: (i) in relation to India, a citizen of India deriving the status as such from any law in force in India; (ii) in relation to the British Virgin Islands, any person who belongs to the British Virgin Islands by virtue of the Virgin Islands Constitution Order 2007 (Statutory Instrument 2007 No. 1678) or has a certificate of residence of the British Virgin Islands by virtue of the Immigration and Passport Ordinance (Cap. 130); (d) collective investment scheme or fund means any pooled investment vehicle irrespective of legal form; (e) company means any body corporate or any entity that is treated as a body corporate for tax purposes; (f) competent authority means in the case of India, the Finance Minister, Government of India, or its authorized representative; and in the case of the British Virgin Islands, the Financial Secretary or a person or authority designated by him in writing; (g) Contracting Party means India or the British Virgin Islands as the context requires; (h) criminal laws means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes; (i) criminal tax matters means tax matters involving intentional conduct which is liable to prosecution under tax laws or the criminal laws of the Requesting Party; (j) information means any fact, statement, document or record in whatever form; (k) information gathering measures means judicial, regulatory or administrative laws and procedures enabling a Contracting Party to obtain and provide the information requested; (l) person includes an individual, a company, a body of persons and any entity which is taxable under the taxation laws in force in the respective Contracting Parties; (m) public collective investment scheme or fund means any collective investment scheme or fund, in which the purchase, sale or redemption of shares, units or other interests is not implicitly or explicitly restricted to a limited group of investors; (n) publicly traded company means any company whose principal class of shares is listed on a recognised stock exchange provided its' listed shares can be readily purchased or sold by the public. Shares can be purchased or sold by the public if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; (o) principal class of shares means the class or classes of shares representing a majority of the voting power and value of the company; (p) recognised stock exchange means the National Stock Exchange of India, the Bombay Stock Exchange of India, and any other stock exchange which the competent authorities agree to recognise for the purpose of this Agreement. (q) Requested Party means the party to this Agreement which is requested to provide information or has provided information in response to a request; (r) Requesting Party means the party to this Agreement submitting a request for information to, or having received information from, the Requested Party; (s) tax means any tax covered by this Agreement. 2. As regards the application of this Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires or the competent authorities agree to a common meaning pursuant to the provisions of Article 13 of this Agreement, have the meaning that it has at that time under the law of that Party, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.