2 - Certain Capital Market Participants

Decision Information

Decision Content

FORM 24-102F1

 

CLEARING AGENCY SUBMISSION TO

JURISDICTION AND APPOINTMENT OF

AGENT FOR SERVICE OF PROCESS

 

1.         Name of clearing agency (the "Clearing Agency"):

 

_________________________________________________________                                           

 

2.         Jurisdiction of incorporation, or equivalent, of Clearing Agency:

 

_________________________________________________________                                           

 

3.         Address of principal place of business of Clearing Agency:

 

_________________________________________________________                                           

 

4.         Name of the agent for service of process (the "Agent") for the Clearing Agency:

 

_________________________________________________________                                           

 

5.         Address of the Agent in ________                                               ___ [name of local jurisdiction]:

 

_________________________________________________________                    _________

 

6.         The __________________ [name of securities regulatory authority] ("securities regulatory authority") issued an order recognizing the Clearing Agency as a clearing agency pursuant to securities legislation, or the securities regulatory authority issued an order exempting the Clearing Agency from the requirement to be recognized as a clearing agency pursuant to such legislation, on ________________.

 

7.         The Clearing Agency designates and appoints the Agent as its agent upon whom may be served a notice, pleading, subpoena, summons or other process in any action, investigation or administrative, criminal, quasi-criminal, penal or other proceeding arising out of or relating to or concerning the activities of the Clearing Agency in ______________ [province of local jurisdiction]. The Clearing Agency hereby irrevocably waives any right to challenge service upon its Agent as not binding upon the Clearing Agency.

 

8.         The Clearing Agency agrees to unconditionally and irrevocably attorn to the non-exclusive jurisdiction of (i) the courts and administrative tribunals of ______________ [name of local jurisdiction] and (ii) any proceeding in any province or territory arising out of, related to, concerning or in any other manner connected with the regulation and oversight of the activities of the Clearing Agency in ______________ [name of local jurisdiction].

 

9.         The Clearing Agency must file a new submission to jurisdiction and appointment of agent for service of process in this form at least 30 days before the Clearing Agency ceases to be recognized or exempted by the securities regulatory authority, to be in effect for six years from the date it ceases to be recognized or exempted unless otherwise amended in accordance with section 10.

 


 

10.        Until six years after it has ceased to be a recognized or exempted by the securities regulatory authority, the Clearing Agency must 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.

 

 

11.        The Clearing Agency agrees that this submission to jurisdiction and appointment of agent for service of process is to be governed by and construed in accordance with the laws of ______________ [name of local jurisdiction].

 

 

Dated: _________________________________

                                                           

Signature of the Clearing Agency

 

                                                                                                                                                           

Print name and title of signing officer of the Clearing Agency


AGENT

 

CONSENT TO ACT AS AGENT FOR SERVICE

 

I, ______________________________________ [name of Agent in full; if a corporation, full corporate name] of ______________________________________  [business address], hereby accept the appointment as agent for service of process of ______________________________________ [insert name of Clearing Agency] and hereby consent to act as agent for service pursuant to the terms of the appointment executed by ______________________________________  [insert name of Clearing Agency] on ______________________________________ [insert date].

 

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.