Securities Law

71-502F5 - Notice by Person Soliciting Proxies from Securityholders of Foreign Issuer [F Proposed - Lapsed]

Published Date: 2004-06-25
Rescinded Date: 2006-05-31
June 25, 2004 Proposed
Form 71-502F5
Notice by Person Soliciting Proxies from Securityholders of Foreign Issuer

This is the form of notice required under sections 5(8)(b) and 7(7)(b)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 the solicitation of proxies if it complies with the laws of _________________ [insert jurisdiction]. The securities regulator responsible for enforcing those laws is __________________ [insert name of regulator].

The disclosure and proxy solicitation documents prepared by __________________ [insert name of person soliciting proxies] 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 and proxy solicitation documents may not contain the same information as documents prepared in accordance with British Columbia laws.
  • If the person soliciting proxies 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 person, or to collect from the person judgments obtained in British Columbia courts, than it would be if the person was incorporated, continued or otherwise organized under the laws of Canada or a province or territory.

_________________________________________________________________________
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 BCI 71-502, 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.