Securities Law

71-502F3 - Notice by Foreign Issuer - Continuous Disclosure [F Proposed - Lapsed]

Published Date: 2004-06-25
Rescinded Date: 2006-05-31
June 25, 2004Proposed
Form 71-502F3
Notice by Foreign Issuer - Continuous Disclosure

This is the form of notice required under sections 5(3)(b), 7(2)(b) and 11(1)of
BC Instrument 71-502 Exemptions for Foreign Market Participants.


_____________________ [insert name of issuer] is an issuer that is exempt from British Columbia securities laws relating to continuous disclosure if it complies with the laws of ____________________ [insert jurisdiction]. The securities regulator responsible for enforcing those laws is __________________ [insert name of regulator].

The issuer’s continuous disclosure documents have been prepared in accordance with the laws of that jurisdiction, not the laws of British Columbia.

[Choose one of the following:]

Those documents have been filed with the BC Securities Commission on SEDAR / in paper [choose one].

OR

Those documents are filed on an electronic system and are available at __________________ [insert name of website].


You should be aware that:
  • The disclosure documents may not contain the same information as documents prepared in accordance with British Columbia laws.
  • The issuer may not prepare the same disclosure documents as are required under British Columbia laws.
  • The financial statements are not prepared in accordance with Canadian generally accepted accounting principles (GAAP) or audited in accordance with Canadian generally accepted auditing standards (GAAS). This means that they may not be comparable to financial statements of an issuer whose financial statements are prepared in accordance with Canadian GAAPand audited in accordance with Canadian GAAS. [Instruction: You may delete this paragraph if it is not applicable.]
  • If the issuer is incorporated, continued or otherwise organized under the laws of a foreign jurisdiction, it may be more difficult for you to take legal action against the issuer, or to collect from the issuer judgments obtained in British Columbia courts, than it would be if the issuer was incorporated, continued or otherwise organized under the laws of Canada or a province or territory.
  • [Include only if the issuer is an exempt foreign issuer: _______________________ [insert name of agent]is the issuer's agent for service in British Columbia located at the following address:

__________________________________________________________________

__________________________________________________________________.]




_______________________________________________________________________
Instructions
  • If you are relying on the exemption in BCI 71-502 for exempt foreign issuers, the jurisdiction you specify in the first paragraph of this notice must be a designated foreign jurisdiction under section 1 of that instrument, i.e. the United States (if listed on NYSE, AMEX or the NASDAQ stock market), Australia or the United Kingdom. If the issuer has reporting obligations in more than one designated foreign jurisdiction that are substantially similar to those of a public issuer, section 6 of BCI 71-502 allows it to choose which jurisdiction will be its designated foreign jurisdiction; this notice must specify the jurisdiction chosen under that section.
  • If you are relying on the exemption in BCI 71-502 for limited connection foreign issuers, the jurisdiction you specify must be the issuer’s relevant jurisdiction, i.e. the jurisdiction of its principal market or, if the issuer’s securities are not traded on a marketplace, the jurisdiction of its head office. Principal market is defined in section 1 of BCI 71-502.