0001104659-14-032847.txt : 20140501 0001104659-14-032847.hdr.sgml : 20140501 20140430181327 ACCESSION NUMBER: 0001104659-14-032847 CONFORMED SUBMISSION TYPE: F-X PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20140501 DATE AS OF CHANGE: 20140430 EFFECTIVENESS DATE: 20140501 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Ballard Power Systems Inc. CENTRAL INDEX KEY: 0001453015 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRICAL INDUSTRIAL APPARATUS [3620] IRS NUMBER: 000000000 STATE OF INCORPORATION: Z4 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: F-X SEC ACT: 1933 Act SEC FILE NUMBER: 333-195606 FILM NUMBER: 14801069 BUSINESS ADDRESS: STREET 1: 9000 GLENLYON PARKWAY CITY: BURNABY STATE: A1 ZIP: V5J 5J8 BUSINESS PHONE: 206-903-8850 MAIL ADDRESS: STREET 1: 9000 GLENLYON PARKWAY CITY: BURNABY STATE: A1 ZIP: V5J 5J8 FORMER COMPANY: FORMER CONFORMED NAME: 7076991 Canada Inc. DATE OF NAME CHANGE: 20090102 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Ballard Power Systems Inc. CENTRAL INDEX KEY: 0001453015 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRICAL INDUSTRIAL APPARATUS [3620] IRS NUMBER: 000000000 STATE OF INCORPORATION: Z4 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: F-X BUSINESS ADDRESS: STREET 1: 9000 GLENLYON PARKWAY CITY: BURNABY STATE: A1 ZIP: V5J 5J8 BUSINESS PHONE: 206-903-8850 MAIL ADDRESS: STREET 1: 9000 GLENLYON PARKWAY CITY: BURNABY STATE: A1 ZIP: V5J 5J8 FORMER COMPANY: FORMER CONFORMED NAME: 7076991 Canada Inc. DATE OF NAME CHANGE: 20090102 F-X 1 a14-11523_2fx.htm F-X

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM F-X

 

APPOINTMENT OF AGENT FOR SERVICE OF

PROCESS AND UNDERTAKING

 

 

A.         Name of issuer or person filing (“Filer”): Ballard Power Systems Inc.

 

B.

(1)

This is (check one):

 

x

An original filing for the Filer.

 

o

An amended filing for the Filer.

 

(2)

Check the following box if you are filing the Form F-X in paper in accordance with Regulation S-T Rule 101(b)(9) o

 

 

C.

Identify the filing in conjunction with which this form is being filed:

 

Name of registrant:

Ballard Power Systems Inc.

 

Form type:

Form F-10

 

File number (if known):

333-195606

 

Filed by:

Ballard Power Systems Inc.

 

Date filed
(if filed concurrently, so indicate):

April 30, 2014 (filed concurrently)

 

 

 

D.

The Filer is incorporated or organized under the laws of the Canada, and has its principal place of business at 9000 Glenlyon Parkway, Burnaby, British Columbia, Canada V5J 5J8; Telephone Number: (604) 454-0900.

 

 

 

E.

The Filer designates and appoints CT Corporation System (the “Agent”) located at 111 Eighth Avenue, 13th Floor, New York, New York 10011; telephone number: (212) 894-8940 as the agent of the Filer upon whom may be served any process, pleadings, subpoenas, or other papers in:

 

 

 

 

(a)

any investigation or administrative proceeding conducted by the Commission; and

 

 

 

 

(b)

any civil suit or action brought against the Filer or to which the Filer has been joined as defendant or respondent, in any appropriate court in any place subject to the jurisdiction of any state or of the United States, or of any of its territories or possessions or of the District of Columbia, where the investigation, proceeding or cause of action arises out of or relates to or concerns any offering made or purported to be made in connection with the securities registered or qualified by the Filer on Form F-10 on April 30, 2014 or any purchases or sales of any security in connection therewith. The Filer stipulates and agrees that any such civil suit or action or administrative proceeding may be commenced by the service of process upon, and that the service of an administrative subpoena shall be effected by service upon such agent for service of process, and that service as aforesaid shall be taken and held in all courts and administrative tribunals to be valid and binding as if personal service thereof had been made.

 

 

F.

The Filer stipulates and agrees to appoint a successor agent for service of process and file an amended Form F-X if the Filer discharges the Agent or the Agent is unwilling or unable to accept

 

 

 


 

 

service on behalf of the Filer at any time until six years have elapsed from the date the issuer of the securities to which the Form F-10 relates has ceased reporting under the Exchange Act. The Filer further undertakes to advise the Commission promptly of any change to the Agent’s name or address during the applicable period by amendment of this form, referencing the file number of the relevant form in conjunction with which the amendment is being filed.

 

 

G.

The Filer undertakes to make available, in person or by telephone, representatives to respond to inquiries made by the Commission staff, and to furnish promptly, when requested to do so by the Commission staff, information relating to the Form F-10, the securities to which the Form F-10 relates, and the transactions in such securities.

 

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SIGNATURES

 

The Filer certifies that it has duly caused this power of attorney, consent, stipulation and agreement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Burnaby, British Columbia, Canada, on April 30, 2014.

 

 

BALLARD POWER SYSTEMS INC.

 

 

 

 

By:

/s/ Tony Guglielmin

 

 

Name: Tony Guglielmin

 

 

Title:   Vice President and Chief Financial Officer

 

This statement has been signed by the following person in the capacity indicated on April 30, 2014.

 

 

CT CORPORATION SYSTEM
as Agent for Service of Process for Ballard Power Systems Inc.

 

 

 

 

By:

/s/ Nancy Lydon

 

 

Name: Nancy Lydon

 

 

Title:   Assistant Secretary

 

3