4 - Distribution Requirements

Decision Information

Decision Content

Appendix B to National Instrument 41-101

General Prospectus Requirements

 

Issuer Form of Submission to

Jurisdiction and Appointment of

Agent for Service of Process

 

1.         Name of issuer (the “Issuer”):

                                                                                                                                              

 

2.         Jurisdiction of incorporation, or equivalent, of Issuer:

                                                                                                                                              

 

3.         Address of principal place of business of Issuer:

                                                                                                                                              

 

4.         Description of securities (the “Securities”):

                                                                                                                                              

 

5.         Date of the prospectus (the “Prospectus”) under which the Securities are offered:

                                                                                                                                              

 

6.         Name of agent for service of process (the “Agent”):

                                                                                                                                              

 

7.         Address for service of process of Agent in Canada (the address may be anywhere in Canada):

                                                                                                                                              

 

8.         The Issuer designates and appoints the Agent at the address of the Agent stated above as its agent upon whom may be served any notice, pleading, subpoena, summons or other process in any action, investigation or administrative, criminal, quasi-criminal, penal or other proceeding (the “Proceeding”) arising out of, relating to or concerning the distribution of the Securities made or purported to be made under the Prospectus or the obligations of the Issuer as a reporting issuer, and irrevocably waives any right to raise as a defence in any such Proceeding any alleged lack of jurisdiction to bring such Proceeding.

 

9.         The Issuer irrevocably and unconditionally submits to the non-exclusive jurisdiction of

 

(a)        the judicial, quasi-judicial and administrative tribunals of each of the provinces [and territories] of Canada in which the securities are distributed under the Prospectus; and

 

(b)        any administrative proceeding in any such province [or territory],

 

in any Proceeding arising out of or related to or concerning the distribution of the Securities made or purported to be made under the Prospectus or the obligations of the issuer as a reporting issuer.

 

10.        Until six years after it has ceased to be a reporting issuer in any Canadian province or territory, the Issuer shall file a new submission to jurisdiction and appointment of agent for service of process in this form at least 30 days before termination of this submission to jurisdiction and appointment of agent for service of process.

 

11.        Until six years after it has ceased to be a reporting issuer in any Canadian province or territory, the Issuer shall file an amended submission to jurisdiction and appointment of agent for service of process at least 30 days before any change in the name or above address of the Agent.

 

12.        This submission to jurisdiction and appointment of agent for service of process shall be governed by and construed in accordance with the laws of [insert province or territory of above address of Agent].

 

Dated: _______________________________                                                                                           

Signature of Issuer

 

                                                                       

Print name and title of signing officer of Issuer

 

 

AGENT

 

The undersigned accepts the appointment as agent for service of process of [insert name of Issuer] under the terms and conditions of the appointment of agent for service of process stated above.

 

Dated:                                                                                                                                                  

                                                                                    Signature of Agent

 

                                                                       

                                                                                                                                                           

                                                                                    Print name of person signing and, if Agent

                                                                                    is not an individual, the title of the person

 

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.