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account unless the participating FFI has actual knowledge or reason to know that the beneficiary is a U.S. person.
Presumably, if a drawer has actual knowledge of a fraud perpetrated against it, it will act to stop it from occurring.
If a participating FFI has actual knowledge or reason to know that the beneficiary is a U.S. person, the participating FFI must retain a record of the appropriate documentation described in paragraph (c)(5)(iv)(B)(2) of this section.
Rather, an account holder must be considered an infringer, at minimum, when the service provider has actual knowledge that the account holder is using its services for infringing purposes.
"There is a presumption in the law that a purchaser has actual knowledge if the deposit was made less than six months before the closing, if it is acknowledged in the tenant's lease, or if the tenant can prove he or she paid it," Mr. Ng said.
A withholding agent that makes a withholdable payment to a U.S. person and has actual knowledge that the person receiving the payment is acting as an intermediary or agent of a foreign person with respect to the payment must treat such foreign person, and not the intermediary or agent, as the payee of such payment.
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Klayman also claims in the complaint, among other things, that the defendants "have actual knowledge of a substantial risk and actuality that Ebola will be transmitted through the air to infect others". Ebola is only transmitted through direct contact with the bodily fluids of an infected person, the CDC and other international health officials have repeatedly said.
such depositor did not have actual knowledge of the suspension of insurance.
"Proving that they were negligent isn't enough; they had to have actual knowledge of something wrong.
Instead, the drawer must show that the drawee had actual knowledge of the facts and circumstances of a fraudulent scheme.
"The automakers had actual knowledge of the dangerous carbon monoxide poisoning consequences of vehicles with keyless fobs that lack an automatic shut-off," the complaint said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com