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TMI BlogPermanent EstablishmentX X X X Extracts X X X X X X X X Extracts X X X X ..... elated activities are carried on. 3. [MODIFIED by paragraph 1 of Article 14 of the MLI ] [The term permanent establishment likewise encompasses a building site, or a construction, assembly or installation project or supervisory activities in connection therewith, but only where such site, project or activities continue for a period of more than twelve months;] The following paragraph 1 of Article 14 of the MLI applies and supersedes paragraph 3 of Article 5 of this Convention: ARTICLE 14 OF THE MLI SPLITTING UP OF CONTRACTS For the sole purpose of determining whether the period referred to in [paragraph 3 of Article 5 of this Convention] has been exceeded: a) where an enterprise of a [Contracting State] carries on activities in the other [C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... andise belonging to the enterprise solely for the purpose of storage, display or occasional delivery; 3) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; 4) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; 5) the maintenance of a fixed place of business solely for the purpose of advertising, supply of information, scientific research or similar activities which have a preparatory or auxiliary character, for the enterprise; 6) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs 1) to 5) pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have a permanent establishment in the first -mentioned Contracting State in respect of any activities which that person undertakes for the enterprise, if such a person: [MODIFIED by paragraph 1 of Article 12 of the MLI] 1) [has and habitually exercises in that State an authority to conclude contracts in the name of the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph;] or The following paragraph 1 of Article 12 of the MLI applies with respect to subparagraph 1) of paragraph 5 of Article 5 of this Convention : ARTICLE 12 OF THE MLI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e regularly delivers goods or merchandise on behalf of the enterprise. 6. Notwithstanding the preceding provisions of this Article, an insurance enterprise of a Contracting State shall, except in regard to re-insurance, be deemed to have a permanent establishment in the other Contracting State if it collects premiums in the territory of that other State or ensures risks situated therein through a person other than an agent of an independent status to whom paragraph 7 applies 7. [MODIFIED by paragraph 2 of Article 12 of the MLI ] [An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f constitute either company a permanent establishment of the other. The following paragraph 1 of Article 15 of the MLI applies to provisions of this Convention : ARTICLE 15 OF THE MLI - DEFINITION OF A PERSON CLOSELY RELATED TO AN ENTERPRISE For the purposes of the provisions of [Article 5 of this Convention as modified by paragraph 2 of Article 12, paragraph 4 of Article 13 and paragraph 1 of Article 14 of MLI] a person is closely related to an enterprise if, based on all the relevant facts and circumstances, one has control of the other or both are under the control of the same persons or enterprises. In any case, a person shall be considered to be closely related to an enterprise if one possesses directly or indirectly more than 50 per c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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