Alumina Limited

U.S. Person Definition

A U.S. Person is defined as:

  • any natural person resident in the United States;
  • any partnership or corporation organised or incorporated under the laws of the United States, except for any agency or branch of a U.S. person located outside the United States if: 
    1. the agency or branch operates for valid business reasons; and 
    2. the agency or branch is engaged in the business of insurance or banking and is subject to substantive insurance or banking regulation, respectively, in the jurisdiction where located;
  • any estate of which any executor or administrator is a U.S. person, unless: 
    1. an executor or administrator of the estate who is not a U.S. person has sole or shared investment discretion with respect to the assets of the estate; and 
    2. the estate is governed by foreign law;
  • any trust of which any trustee is a U.S. person, unless: 
    1. a trustee who is not a U.S. person has sole or shared investment discretion with respect to the trust assets; and 
    2. no beneficiary of the trust is a U.S. person;
  • any agency or branch of a foreign entity located in the United States;
  • any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person;
  • any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organised, incorporated, or (if an individual) resident in the United States and held for the benefit of a U.S. person; and
  • any partnership or corporation if: 
    1. organised or incorporated under the laws of any foreign jurisdiction; and 
    2. formed by a U.S. person principally for the purpose of investing in securities not registered under the Act, unless it is organised or incorporated, and owned, by accredited investors who are not natural persons, estates or trusts.

U.S. person does not include employee benefit plans established and administered in accordance with the law of a country other than the United States and customary practices and documentation of such country.