NIN 97/03 - Respecification of Required Forms Under the Securities Act, Securities Regulation and Securities Rules [NIN - Rescinded]

Published Date:	1997-01-17
Effective Date:	1997-01-16

For clarification, effective January 15, 1997, the Executive Director is respecifying, in accordance with section 158 of the Securities Act, the Forms referred to in the Index of Forms attached to this Notice for the purposes of the sections of the Securities Act, Securities Regulation, Securities Rules or Form referred to in the index. The index also lists those sections of the Securities Act and Securities Rules which refer to a required Form but for which no Form has been specified.

Specification Qualification

The specification, under section 158 of the Securities Act, of Forms 4B, 12A, 12B, 14A, 14B, 43, 43A and 43B listed in the Index of Forms attached to this notice are subject to the qualifications set out below:

(a) Personal Information Form

Form 4B is specified as the required form of personal information to be filed under section 73.1 of the Securities Act for:

If the reactivation application or offering document is filed within three years of the principal's latest filing of Form 4B, a statutory declaration may be filed in lieu of Form 4B that states either that there has been:

A "significant change" in the contents of a Form 43B refers to a change in the information disclosed in response to questions dealing with changes of name or business name, administration proceedings, offences, civil proceedings, bankruptcy and settlement agreements.

Directors and officers of B.C. issuers should advise the Executive Director by letter or by filing a copy of the Form 10 or Form 11 filed under the British Columbia Company Act where there is a change in the capacity in which they are acting, when they cease to act in that capacity or become a director or officer of an issuer that they did not refer to in question 7 of their latest Form 4B.

(The forgoing sets out the same criteria contained in NIN#92/18 that is being laspsed.)

(b) Prospectus Forms

(i) Form 12A is specified as the required form of prospectus for a junior industrial issuer where, under Interim Local Policy Statement 3-17, the underwriter must obtain an assessment report, or would have been required to obtain an assessment report if the Executive Director had not waived the requirement.

(ii) Form 12B is specified as the required form of prospectus for a Qualifying Issuer (defined in LPS 3-02) that is an industrial issuer where the Qualifying Issuer intends to file an exchange offering prospectus with the Commission and the Vancouver Stock Exchange in accordance with LPS 3-02.

(iii) Form 14A is specified as the required form of prospectus for a natural resource issuer where, (1) the issuer intends to distribute the securities solely in British Columbia, or (2) the issuer intends to distribute the securities in British Columbia and does not meet the minimum listing requirements for the senior board of the Vancouver Stock Exchange. All other natural resource issuers are permitted to use Form 14A.

(iv) Form 14B is specified as the required form of prospectus for a Qualifying Issuer that is a natural resource issuer where the Qualifying Issuer intends to file an exchange offering prospectus with the Commission and the Vancouver Stock Exchange in accordance with LPS 3-02.

(c) Offering Memorandum

(d) Registration Forms

For additional guidance on a number of registration forms see NINs# 96/20 and 97/1.

Compliance with Form Requirements

Section 158(l) of the Securities Act authorizes the Executive Director to specify the form, content and other particulars of a record required to be filed in a required form (the "Required Form") under the Securities Act, Securities Regulation and Securities Rules.

As indicated in NIN#90/22, which is being lapsed, certain types of Required Forms (such as Forms 12 to 15, 24, 27, 28, 30 to 35, 41, 43, 43B, 50 and 51) provide an outline of their contents. Information may be added to this type of form whether or not such information is specifically referred to in the outline. Where the section of the Securities Regulation and Securities Rules respecting such a form or the Required Form itself specifically indicates that inapplicable sections may be deleted, a person completing the Required Form may modify or delete sections of the Required Form. For example, section 97(2) of the Securities Rules permits a person using a Required Form of prospectus to delete inapplicable items or items answered in the negative unless the Required Form indicates otherwise. Certain items in Form 12A, 12B, 14A and 14B require disclosure of a negative response (e.g. Item 15 of Form 12A). Form 30, the Required Form of information circular, indicates that no statement need be made in response to any item that is inapplicable and a negative answer to any item may be omitted.

Except as permitted by this notice, other types of Required Forms (such as Forms 4, 4B, 5, 7, 11, 20, 20A, 23 and 37) must be completed and filed without additions, deletions or modifications. Where this type of Required Form contains inapplicable sections, lines may be drawn through the inapplicable sections or "N/A" may be inserted next to or beneath the inapplicable sections. Where deletions are made for reasons other than to cross out inapplicable alternatives set out in the Required Form, the reasons for such deletions must be set out in a letter accompanying the Required Form. Information that is not submitted in the Required Form will not be considered to be "filed" under the Securities Act.

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 the requirements of the Securities Act and Securities Rules, to remove references to the Commodity Contract Act and to reflect current practice.

DATED at Vancouver, British Columbia, on January 16, 1997.

Paul Bourque
Executive Director

Ref:	Forms 4-5	Forms 27-28	Forms 50-51	NIN#96/20
	Form 7	Forms 30-35	LPS 3-02	NIN#96/36
	Forms 11-15	Form 37	LPS 3-17	NIN#97/1
	Forms 20-20A	Form 41	NIN#90/22
	Forms 23-24	Forms 43-43B	NIN#92/18

SECURITIES ACT

INDEX OF FORMS

Effective January 15, 1997

Form #	Title	Securities Act, Regulation or Rule Section or Form
1	Summons to attend before an investigator under section 128 of the Act	Reg 10(1)
1A	Demand for production of records and things and classes of records and things under section 128 of the Act	Reg 10(2)
2	Affidavit of service	Reg 11
3	Application for registration as dealer, advisor or underwriter	Act 20(2) (see NIN#97/1)
4	Uniform application for registration/approval	Act 20(2) (see NIN#97/1)
4A	Abbreviated application for registration/approval - mutual fund salesman of financial institution	Act 20(2)
4B	Personal information for directors, officers, promoters & control persons	Act 73.1 (see NIN#96/20)
4Z	Addendum to personal information forms	Act 20(2) (see NIN#97/1)
5	Uniform application for renewal of license or registration	Act 20(2) (see NIN#96/20)
6	Reserved
7	Application for amendment of registration as dealer, advisor or underwriter	Act 20(2), 28(1) & (2) (see NIN#96/20)
7A	Application for transfer/change of status	Act 20(2) & 28(3) (see NIN#96/20)
7X	Addendum to Form 7	Act 28(1) & (2) (see NIN#96/20)
7Z	Uniform Termination Notice (B.C.)	Act 28(1)(b), (c) and (2)(a)(b) (see NIN#97/1)
8	Summons for an examination under section 24(c) of the Act	Rule 18
9	Joint regulatory financial questionnaire and report	Rule 1 & 70(1)
9A	Report of risk adjusted capital	Rule 70(2)
10	Reserved
11	Application for exempt purchaser status	Rule 88
12	Information required in prospectus of industrial issuer	Act 42(2) (see NIN#93/23)
12A	Information required in prospectus of junior industrial issuer	Act 42(2) (see BOR#95/10 & LPS 3-02 for Summary Prospectus Disclosure System)
12B	Information required in exchange offering prospectus of an industrial issuer	Act 42(2) (see BOR#95/10 & LPS 3-02 for Summary Prospectus Disclosure System)
13	Information required in prospectus of finance issuer	Act 42(2) (see NIN#93/23)
14	Information required in prospectus of natural resource issuer	Act 42(2) (see NIN#93/23)
14A	Information required in prospectus of a natural resource issuer	Act 42(2) (see BOR#95/10 & LPS 3-02 for Summary Prospectus Disclosure System)
14B	Information required in exchange offering prospectus of a natural resource issuer	Act 42(2) (see BOR#95/10 & LPS#3-02 for Summary Prospectus Disclosure System)
15	Information required in prospectus of mutual fund	Act 42(2) (see NIN#93/23)
16	Escrow agreement (relating to performance shares)	Rule 120(2)(g)
17	Revoked (03/01/90)
18	Revoked (09/01/88)
19	Reserved
20	Report of exempt distribution	Rule 139
20A (IP)	Acknowledgment of individual purchaser	Rule 135
20A (NIP)	Acknowledgment of a purchaser that is not an individual purchaser	Rule 135
21, 21A & 22	Revoked (09/01/88)
23	Notice of intention to sell and declaration pursuant to section 117(c) and (d) of the Securities Regulation [effective 01/01/96: "pursuant to section 128(d) of the Securities Rules"] (NB: also applies to sales under section 55(2)(1), (3), (4), (6) or (16)(ii) of the Act)	Rule 136
24	Lapsed (01/01/96) (NIN#95/55) but see BOR#95/8 and BOR#96/12
25	Put option contract	Act 58(b)(iii)
26	Call option contract	Act 58(b)(iii)
27	Material change report under section 67(1) of the Act	Act 67(1) & Rule 151
28	Annual filing of reporting issuer	Rule 184(2) (see NIN#93/23)
29	Finance company questionnaire and financial report	Rule 150(2)
30	Information circular	Act 31(2)(9)(iv), 55(2)(8)(iv), & 101(2)(a) & (b) (amended under NIN#93/23 and NIN#95/16)
31	Notice of intention to make an issuer bid	Act 81(f)
32	Take over bid circular	Act 90(7)
33	Issuer bid circular	Act 90(7)
34	Directors' circular	Act 91(8)
35	Director's or officer's circular	Act 91(8)
36	Insider report	Act 70(2) & (4) & Rule 137(1) & 155 (see NIN#95/52)
37	Reserved
38	Revoked (01/01/96)
39	Report of a mutual fund manager required under section 109 of the Act	Act 109
40	Endorsement of warrant	Act 139(1)
41	Statement of executive compensation	Form 30, Item 6 (see NIN#93/23)
42	Reserved
43	Offering memorandum	Rule 133(1)(c)
43A	Offering memorandum - immigrant investor program	Rule 133(1)(c)
43B	Offering memorandum - real estate securities	Rule 133(1)(c)
44-49	Reserved
50	Short form of [effective 01/01/96: "simplified"] prospectus of a mutual fund	Act 42(3)
51	Annual information form of a mutual fund	Rule 100(2)(b)
52	Financial statements of a mutual fund	Rule 113 & 145(2)(c)
53	Trust agreement	Rule 23
54	Technical report on mineral properties excluding oil and gas	Rule 109
55	Technical report on oil and gas properties	Rule 109
56-57	Reserved
58	Information statement required for not-for-profit organizations	Act 32(g)(iii)
59	Reserved
60	Subordination agreement	Rule 25
61	Quarterly report	Rule 152 (see NIN#96/38)
62	Report of working capital	Rule 19(3), 19(5), 20(1), 20(2), 41(1)(c) & 70(3)
63	Statement of financial condition	Rule 50(1)(g)(i) & 70(4)
64	Risk disclosure document (exchange contracts)	Rule 35
65	Managed accounts disclosure statement (exchange contracts)	Rule 35
66-68	Reserved
69	Conflict of interest rules statement	Rule 77(1) (see NIN#97/1)
70	Statement and undertaking pursuant to section 77(4) of the Securities Rules	Rule 77(4) (see NIN#97/1)

SECURITIES ACT

INDEX OF REFERENCES TO A
REQUIRED FORM WHERE NO FORM IS SPECIFIED

Effective January15, 1997

Securities Act or Regulation Section or Form	Form or Requirement	Title
Act 101(1)	No form specified but must comply with items 1 and 2 of Form 30	Form of proxy
Rule 45(1)	No form specified - applies to prospectus, rights offering circular and special warrant offering memorandum	Offering document requiring underwriters to have written prudent business procedures (see NIN#96/41)
Rule 87	No form specified - applies to prospectus, rights offering circular and special warrant offering memorandum	Offering document requiring registration as an underwriter (see NIN#96/41)