0001019155-21-000047.txt : 20210210 0001019155-21-000047.hdr.sgml : 20210210 20210210094841 ACCESSION NUMBER: 0001019155-21-000047 CONFORMED SUBMISSION TYPE: F-6 POS PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20210210 EFFECTIVENESS DATE: 20210210 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Xiaomi Corporation/ADR CENTRAL INDEX KEY: 0001748830 IRS NUMBER: 000000000 STATE OF INCORPORATION: E9 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: F-6 POS SEC ACT: 1933 Act SEC FILE NUMBER: 333-226925 FILM NUMBER: 21609680 BUSINESS ADDRESS: STREET 1: 383 MADISON AVE STREET 2: FLOOR 11 CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 3025520319 MAIL ADDRESS: STREET 1: 383 MADISON AVE STREET 2: FLOOR 11 CITY: NEW YORK STATE: NY ZIP: 10017 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: BANK OF NEW YORK / ADR DIVISION CENTRAL INDEX KEY: 0001201935 STANDARD INDUSTRIAL CLASSIFICATION: UNKNOWN SIC - 8880 [8880] IRS NUMBER: 135160382 STATE OF INCORPORATION: NY FILING VALUES: FORM TYPE: F-6 POS BUSINESS ADDRESS: STREET 1: AMERICAN DEPOSITARY RECEIPTS DIVISION STREET 2: 101 BARCLAY STREET - 22WEST CITY: NYC STATE: NY ZIP: 10286 BUSINESS PHONE: 212-815-8252 MAIL ADDRESS: STREET 1: ATTN: ELSA GUZMAN - 22 WEST STREET 2: 101 BARCLAY STREET CITY: NYC STATE: NY ZIP: 10286 FORMER COMPANY: FORMER CONFORMED NAME: BANK OF NEW YORK/ADR DIVISION DATE OF NAME CHANGE: 20021028 F-6 POS 1 xiaomif6pos.htm F-6 POS

As filed with the Securities and Exchange Commission on February 10, 2021

Registration No. 333-226925

 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

POST EFFECTIVE AMENDMENT NO. 1 TO THE

FORM F-6

REGISTRATION STATEMENT

under

THE SECURITIES ACT OF 1933

For Depositary Shares

 

Xiaomi Corporation

(Exact name of issuer of deposited securities as specified in its charter)

N/A

(Translation of issuer’s name into English)

Cayman Islands

(Jurisdiction of incorporation or organization of issuer)

 

THE BANK OF NEW YORK MELLON

(Exact name of depositary as specified in its charter)

 

240 Greenwich Street New York, N.Y. 10286

(212) 495-1784

(Address, including zip code, and telephone number, including area code, of depositary's principal executive offices)

_______________________________

The Bank of New York Mellon

Legal Department

240 Greenwich Street

New York, New York 10286

(212) 495-1784

(Address, including zip code, and telephone number, including area code, of agent for service)

 

Copies to:

Brian D. Obergfell, Esq.

Emmet, Marvin & Martin, LLP

120 Broadway

New York, New York 10271

(212) 238-3032

 

 

It is proposed that this filing become effective under Rule 466

immediately upon filing

on (Date) at (Time)

If a separate statement has been filed to register the deposited shares, check the following box.

\

 
 

 

 

EXPLANATORY NOTE

 

The offering made under this Registration Statement has been terminated. Accordingly, the Registrant hereby deregisters all remaining American Depositary Shares previously registered by this Registration Statement that have not been issued.

 

 

 
 

 

PART I

INFORMATION REQUIRED IN PROSPECTUS

 

Cross Reference Sheet

 

  Item -1. Description of Securities to be Registered    

Item Number and Caption

 

 

Location in Form of Receipt Filed Herewith as Prospectus

 

 

1.       Name and address of depositary

 

  Introductory Article  

2.       Title of American Depositary Shares and identity of deposited securities

 

  Face of Receipt, top center  

Terms of Deposit:

 

     
(i)   The amount of deposited securities represented by each American Depositary Share   Face of Receipt, upper right corner  
(ii)   The procedure for voting, if any, the deposited securities   Articles number 8 and 12  
(iii)   The collection and distribution of dividends   Articles number 9 and 13  
(iv)  The transmission of notices, reports and proxy soliciting material   Article number 8  
(v)   The sale or exercise of rights   Articles number 4 and 9  
(vi)  The deposit or sale of securities resulting from dividends, splits or plans of reorganization   Articles number 9 and 11  
(vii)  Amendment, extension or termination of the deposit agreement   Article number 13 and 18  
(viii)  Rights of holders of American Depositary Shares to inspect the transfer books of the depositary and the list of holders of American Depositary Shares   Article number 3  
(ix)  Restrictions upon the right to deposit or withdraw the underlying securities   Articles number 2, 3, 4, 6, 11, 12 and 14  
(x)   Limitation upon the liability of the depositary   Articles number 5, 8, 9, 12, 13 and 19  
           

 

 

Item - 2. Available Information    
  Public reports furnished by issuer   Article number 8
 
 

 

 

Part II- Information Not Required in Prospectus.

 

 

 

Item – 3. Exhibits
   
1. Form of American Depositary Receipt and Statement of Terms and Conditions, which contains the form of deposit agreement relating to the American Depositary Shares registered hereunder. – Previously Filed
   
   
4. Opinion of Emmet, Marvin & Martin, LLP, counsel for the Depositary, as to legality of the securities to be registered. Previously Filed
   
   
5 Certification under Rule 466. – Filed herewith as Exhibit 5.

 

 

 

 

Item – 4. Undertakings

 

 

(a) The Depositary hereby undertakes to make available at the principal office of the Depositary in the United States, for inspection by holders of the American Depositary Shares, any reports and communications received from the issuer of the deposited securities which are both (1) received by the Depositary as the holder of the deposited securities, and (2) made generally available to the holders of the underlying securities by the issuer.

 

 

(b) If the amounts of fees charged are not disclosed in the prospectus, the Depositary undertakes to prepare a separate document stating the amount of any fee charged and describing the service for which it is charged and to deliver promptly a copy of such fee schedule without charge to anyone upon request.  The Depositary undertakes to notify each registered holder of American Depositary Shares thirty days before any change in the fee schedule.

 

 
 

 

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that all the requirements for filing on Form F-6 are met and has duly caused this registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of New York, State of New York, on February 10, 2021.

 

 

Legal entity created by the agreement for the issuance of American Depositary Shares for ordinary shares of Xiaomi Corporation.

 

 

 

By: The Bank of New York Mellon,
As Depositary

 

 

By: /s/ Vanessa Salazar

Name: Vanessa Salazar

Title: Vice President

 

 

 

 

 
 

 

 

INDEX TO EXHIBITS

 

Exhibit
Number
Exhibit

 

   
   
5 Certification under Rule 466.

 

 

 

 

EX-5 2 xiaomi466.htm CERTIFICATION UNDER RULE 466

Exhibit 5

Certification Under Rule 466

 

The Depositary, The Bank of New York Mellon, represents and certifies the following:

 

(1)That it previously has filed a Registration Statement on Form F-6 (Xiaomi Corporation, Registration No. 333-226925) which the Commission declared effective, with terms of deposit identical to the terms of deposit of this Registration Statement except for the number of foreign securities a Depositary Share represents.
(2)That its ability to designate the date and time of effectiveness under Rule 466 has not been suspended.

THE BANK OF NEW YORK MELLON,
As Depositary

By: /s/ Vanessa Salazar

Name: Vanessa Salazar

Title: Vice President