EFTA Document EFTA01787552

From: Perry Lerner Sent: Friday, January 15, 2016 7:03 PM To: jeffrey E. Cc: Chris Cahse; Alex Seldin Subject: Additional information Jeffrey, &=bsp; &nbs=; &=bsp; &nbs=; &=bsp; &nbs=; &=bsp; &nbs=; &=bsp; &nbs=; &=bsp; &nbs=; &=bsp; &nb=p; =nbsp; &nb=p; =nbsp; &nb=p; =nbsp; &nb=p; =nbsp; &nb=p; =nbsp; &nb=p; =nbsp; &nb=p; =nbsp; 8arsp; = Following our call I have looked at two issues wi=h respect to the Crown entities (Crown's insurance business is condu=ted largely through two Bermuda insurance companies). First, I confi=med that the Crown companies are not subject to Dodd Frank rules regarding systemically important financial ins=itutions nor are they subject to the rules applicable to investment advise=s. Crown does not give investment advice to any policy holder and do=s not hold itself out as offering investment advice. Each separate policy account has a third party investment ad=isor or is an insurance dedicated fund. Crown is not required to register =s an RIA. &nbs=; &=bsp; &nbs=; &=bsp; &nb=p; =nbsp; &nb=p; =nbsp; &nb=p; =nbsp; &nb=p; =nbsp; &nb=p; =nbsp; &nb=p; =nbsp; &nb=p; =nbsp; &n=sp; = &n=sp; = &n=sp; = &n=sp; &nbs=; &=bsp; Second, as to FATCA, each foreign=Crown insurance company has registered as a Foreign Financial Institution =FFI) described by Regulations Section 1.1471-(5)(e)(iv), relating to foreign insurance companies. =e have agreed to the FATCA reporting requirements relating to disclosures =n respect of our policy holders. In this regard, policies havi=g a cash value are reportable financial accounts under the FATCA rules. All of our policy holders are required to furnish C=own either a W-9 or a W-8 BEN-E regarding their residence and dassificati=n for FATCA purposes and consent to disclosure of policy information to th= US or other applicable jurisdiction. US policy holders (as well as its US shareholders) file form 8938 (Stateme=t of Specified Foreign Assets) as well as Fin Cen Form 114 (FBAR).&n=sp; An FFI also indudes a holding company of a foreign insurance company, which generally applies where more than 50 percent of the voting stock of a foreign insurance company is held by anot=er company. See Regulations section 1.1471-ST(i)(O. &nbs=; &=bsp; &nbs=; &=bsp; &nbs=; &=bsp; &nbs=; &=bsp; &nbs=; &=bsp; &nbs=; &=bsp; &nbs=; &n=sp; = &n=sp; = &n=sp; = &n=sp; = &n=sp; = &n=sp; = &n=sp; = &=bsp; &nbs=; Let me know when we can =ontinue our discussions. 1 EFTA_R1_00111007 EFTA01787552