NIN 98/33 - Revised Forms Under the Securities Act [NIN - Rescinded]
| Published Date: | 1998-07-03 |
|---|---|
| Effective Date: | 1998-06-30 |
Transitional
Registrants are encouraged to use the revised forms specified in this Notice as soon as copies are available. However, the Executive Director will accept a current version of a form specified in this Notice provided that the form is filed prior to September 30, 1998. Except where specified, amendments to the forms have been in the nature of "housekeeping" only (e.g., updated Commission telephone numbers and addresses.).
Forms Being Respecified
Form 3- Application for Registration as Dealer, Adviser or Underwriter
Form 3 is a form required under section 34(2) of the Securities Act. Section 34(2) of the Securities Act requires that an application for registration as a dealer, underwriter or adviser be made to the Executive Director in the required form. The affidavit section of Form 3 has been amended.
Form 4 - Uniform Application for Registration/Approval (B.C.)
Form 4 is a form required under section 34(2) of the Securities Act and, with respect to certain individuals, by the Executive Director pursuant to Local Policy Statement 3-22 ("LPS 3-22"). Section 34(2) of the Securities Act requires that an application for registration as a salesperson; trading partner, director or officer; advising partner, director or officer; and advising employee be made to the Executive Director in the required form. Pursuant to section 2.1(b) of LPS 3-22, the Executive Director requires an individual seeking approval to act as a compliance officer, branch manager or administration officer of a dealer, underwriter or adviser to file a Form 4. The affidavit section of Form 4 has been amended.
Form 4B - Personal Information for Directors, Officers, Promoters & Control Persons
Form 4B is a form required under section 90 of the Securities Act. Section 90 of the Securities Act allows the Executive Director to require the directors, officers, promoters or control persons of an issuer or a class of issuers to file personal information in the required form. The affidavit section of this form has been amended.
Form 4Z - Consent to a Criminal Records Check
Form 4Z is a form required under section 34(2) of the Securities Act. Section 34(2) of the Securities Act requires that an application for registration be made to the Executive Director in the required form. The affidavit section of this form has been amended.
Form 4Z is a form by which the applicant provides consent to the Executive Director to conduct a criminal records check as part of the Executive Director’s assessment of the applicant’s suitability for registration or approval. The Form 4 attached to this Notice incorporates the consent set out in Form 4Z. Therefore, an individual who files a revised Form 4 is not required to file a Form 4Z. However, where an individual files a corresponding form required by the jurisdiction where the dealer, underwriter or adviser for whom the individual carries on business has its principal place of business, or by the exchange or self regulatory body of which the dealer, underwriter or adviser is a member, the individual must file a Form 4Z if the form that is filed does not contain a declaration of consent to a criminal records check. An example of a corresponding form is Form 1-U-85, used by members of the Vancouver Stock Exchange, other exchanges and the Investment Dealers Association of Canada.
Form 7 - Application for Amendment of Registration as Dealer, Adviser or Underwriter
Form 7 is a form required under sections 42(1) and (2) of the Securities Act. Sections 42(1) and (2) of the Securities Act require, respectively, a registered dealer and a registered adviser or registered underwriter, to immediately file, in the required form, notice of any changes as set out in sections 42(1) and (2). The affidavit section of this form has been amended.
Form 7A - Application for Transfer/Change of Status
Form 7A is a form required under section 42(3) of the Securities Act. Section 42(3) of the Securities Act requires a registered salesperson or a registered advising employee to immediately file, in the required form, notice of any changes as set out in section 42(3).
Form 7Z - Uniform Termination Notice (BC)
Form 7Z is a form required under sections 42(1)(b) and (c), and 42(2)(a) and (b) of the Securities Act. Sections 42(1)(b) and (c) and 42(2)(a) and (b) of the Securities Act require a registered dealer, adviser or underwriter, as the case may be, to file a notice of termination of employment or office of a partner, director or officer, or termination of employment of a registered salesperson or advising employee.
Form 36 - Insider Report
Form 36 is a form required under section 87 of the Securities Act. Section 87 of the Securities Act requires an insider of a reporting issuer to file an insider report in the required form disclosing any direct or indirect beneficial ownership of, or control or direction over, securities of the reporting issuer.
Section 159 of the Securities Rules sets out the conditions whereby the filing of a form of report of another jurisdiction will comply with section 87 of the Securities Act.
Form 38 - Report of a Mutual Fund Manager
Form 38, formerly Form 39, is a form required under section 126 of the Securities Act. Section 126 of the Securities Act requires that a mutual fund manager file a report in the required form for each mutual fund to which the mutual fund manager provides service or advice respecting any matters set out in section 126 of the Securities Act.
This form has been renumbered and amended to conform with Form 38, the form of report required to be filed under section 117 of the Ontario Securities Act.
Form 61 - Quarterly Report
Form 61 is a form required under section 152 of the Securities Rules. Section 152 of the Securities Rules requires an exchange issuer to file a quarterly report in the required form with the Commission and the Vancouver Stock Exchange within the time periods set out in section 152 of the Securities Rules.
Exchange Issuers should review NIN#96/49 relating to how to file Form 61 through SEDAR.
Review of Required Forms
The Executive Director is continuing the process of reviewing other required forms and will be amending them to harmonize the forms with requirements of the Securities Act and Securities Rules, to remove references to the Commodity Contract Act and to reflect current practice.
Copies of Revised Forms
Copies of the forms specified in this Notice may be requested from the Second Floor Receptionist, for mailing or pick up (phone: Greater Vancouver 899-6660, all other regions of British Columbia 1-800-373-6393). There is no charge for these forms; however, only a reasonable number will be distributed.
DATED at Vancouver, British Columbia, on June 30, 1998.
Michael J. Watson
A/Executive Director
| Ref. Form 3 | Form 4 |
| Form 4B | Form 4Z |
| Form 7 | Form 7A |
| Form 7Z | Form 36 |
| Form 38 | Form 39 |
| Form 61 | LPS 3-22 |
| NIN#96/49 |  |