International dealers and advisers relying on the NI 31-103 exemptions must appoint an agent for service in each jurisdiction where they rely on them. The firm acts as that agent in Ontario and British Columbia.
In short: an international dealer or adviser relying on the exemptions in sections 8.18 or 8.26 of National Instrument 31-103 must file Form 31-103F2, which submits the firm to the local jurisdiction and appoints an agent for service there. Smutylo Law+ acts as that agent in Ontario and British Columbia for CA$600 a year per jurisdiction.
Form 31-103F2, the Submission to Jurisdiction and Appointment of Agent for Service, is filed by an international firm relying on the international dealer exemption (NI 31-103 s. 8.18) or the international adviser exemption (s. 8.26). The firm names an agent on whom a notice, pleading, subpoena, summons or other process in any action, investigation or administrative proceeding may be served, and gives that agent's address.
| Item | Fee |
|---|---|
| Agent for service under Form 31-103F2, per jurisdiction (Ontario or BC) | CA$600 / year |
| Preparing and filing Form 31-103F2 or an amendment; exemption advice | Quoted |
Annual fees are billed quarterly in arrears, plus applicable taxes. Regulatory filing fees are charged at cost. Full terms: Agent Services Schedule.
For prospectus exemptions, private placements and continuous disclosure, see Securities & Public Companies.
International firms relying on the international dealer exemption in s. 8.18 or the international adviser exemption in s. 8.26 of National Instrument 31-103, among others the instrument designates. The form submits the firm to the local jurisdiction and appoints an agent for service there.
Form 31-103F2 provides that the submission and appointment continue until six years after the firm ceases to rely on s. 8.18 or s. 8.26.
The firm must file an amended Form 31-103F2 no later than the 30th day before any change in the agent's name or address.
Ontario and British Columbia, at CA$600 per jurisdiction per year, plus applicable taxes.
Tell us the jurisdictions and the exemption. The appointment and fee are confirmed in writing before the form is filed.
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