§ 105E — Comptroller to serve notice of request on certain persons

105E.—(1) After receipt of a request under section 105D for any information which, in the Comptroller’s opinion, is information mentioned in subsection (2), the Comptroller must serve notice of the request on the person identified in the request as the person in relation to whom the information is sought.(1A) Where the request mentioned in subsection (1), in the Comptroller’s opinion, does not contain sufficient information for the Comptroller to serve notice under subsection (1), the Comptroller must, after he or she discovers such information from information already in the Comptroller’s possession or obtained under section 105F or 105G, serve notice of the request on that person.[37/2014]

(2) The information mentioned in subsection (1) or (1A) is information that is protected from unauthorised disclosure under —(a)

section 47 of the Banking Act 1970 including that section as applied by section 55ZI(1) of that Act; or

(b)

section 49 of the Trust Companies Act 2005.[37/2014; 1/2020]

(3) [Deleted by Act 19 of 2013]

(4) Notice under subsection (1) or (1A) need not be served on any person —(a)

if the Comptroller —(i)

does not have any information of the person upon whom service may be effected in accordance with section 8;

(ii)

is of the opinion that this is likely to prevent or unduly delay the effective exchange of information under the prescribed arrangement; or

(iii)

is of the opinion that this is likely to prejudice any investigation into any alleged breach of any law relating to tax of the country of the competent authority making the request (whether the breach would result in the imposition of a criminal or civil penalty); or

(b)

on such other ground as may be prescribed under section 105H.[37/2014]

(5) Rules made under section 105H may provide for the particulars to be given in a notice under subsection (1) or (1A).[37/2014]

—(1) After receipt of a request under section 105D for any information which, in the Comptroller’s opinion, is information mentioned in subsection (2), the Comptroller must serve notice of the request on the person identified in the request as the person in relation to whom the information is sought.

(1A) Where the request mentioned in subsection (1), in the Comptroller’s opinion, does not contain sufficient information for the Comptroller to serve notice under subsection (1), the Comptroller must, after he or she discovers such information from information already in the Comptroller’s possession or obtained under section 105F or 105G, serve notice of the request on that person.[37/2014]

(2) The information mentioned in subsection (1) or (1A) is information that is protected from unauthorised disclosure under —(a)

section 47 of the Banking Act 1970 including that section as applied by section 55ZI(1) of that Act; or

(b)

section 49 of the Trust Companies Act 2005.[37/2014; 1/2020]

(3) [Deleted by Act 19 of 2013]

(4) Notice under subsection (1) or (1A) need not be served on any person —(a)

if the Comptroller —(i)

does not have any information of the person upon whom service may be effected in accordance with section 8;

(ii)

is of the opinion that this is likely to prevent or unduly delay the effective exchange of information under the prescribed arrangement; or

(iii)

is of the opinion that this is likely to prejudice any investigation into any alleged breach of any law relating to tax of the country of the competent authority making the request (whether the breach would result in the imposition of a criminal or civil penalty); or

(b)

on such other ground as may be prescribed under section 105H.[37/2014]

(5) Rules made under section 105H may provide for the particulars to be given in a notice under subsection (1) or (1A).[37/2014]