0001193125-16-568938.txt : 20160429 0001193125-16-568938.hdr.sgml : 20160429 20160429152836 ACCESSION NUMBER: 0001193125-16-568938 CONFORMED SUBMISSION TYPE: F-X PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20160429 EFFECTIVENESS DATE: 20160429 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: GUINNESS GHANA BREWERIES Ltd CENTRAL INDEX KEY: 0001532757 IRS NUMBER: 000000000 STATE OF INCORPORATION: J0 FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: F-X SEC ACT: 1933 Act SEC FILE NUMBER: 005-86439 FILM NUMBER: 161606043 BUSINESS ADDRESS: STREET 1: P.O. BOX 1536 CITY: KUMASI STATE: J0 ZIP: 00000 BUSINESS PHONE: 801-556-5004 MAIL ADDRESS: STREET 1: P.O. BOX 1536 CITY: KUMASI STATE: J0 ZIP: 00000 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: GUINNESS GHANA BREWERIES Ltd CENTRAL INDEX KEY: 0001532757 IRS NUMBER: 000000000 STATE OF INCORPORATION: J0 FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: F-X BUSINESS ADDRESS: STREET 1: P.O. BOX 1536 CITY: KUMASI STATE: J0 ZIP: 00000 BUSINESS PHONE: 801-556-5004 MAIL ADDRESS: STREET 1: P.O. BOX 1536 CITY: KUMASI STATE: J0 ZIP: 00000 F-X 1 d185577dfx.htm F-X 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”):    Guinness Ghana Breweries Limited
B.    (1)    This is [check one]:
   x    an original filing for the Filer.
   ¨    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)  ¨
C.    Identify the filing in conjunction with which this form is being filed:
   Name of registrant:    Guinness Ghana Breweries Limited
   Form type:    Form CB in connection with a rights offering of Guinness Ghana Breweries Limited
   File number (if known):   
   Filed by:    Guinness Ghana Breweries Limited
   Date filed (if filed concurrently, so indicate):    April 29, 2016 (filed concurrently with this Form F-X)
D.    The Filer is incorporated or organized under the laws of:    Republic of Ghana
   and has its principal place of business at:   

Kaasi Industrial Area

P.O. Box 1536, Kumasi, Ghana

Telephone: +233 302 428 000

+233 302 428 003

E.    The Filer designates and appoints Diageo North America Inc. (the “Agent”), located at:
  

801 Main Avenue

Norwalk, CT 06851

Telephone: +1 203 229 7132

  
   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 Securities and Exchange Commission (“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 the date hereof, 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 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.    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 that the Filer has ceased reporting under the Securities Exchange Act of 1934.
   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 Form F-10 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.

 

 

 


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 Kumasi, Country of Ghana this 29th day of April, 2016.

 

Filer: Guinness Ghana Breweries Limited
By:   /s/ STEPHEN NIRENSTEIN
Name:   Stephen Nirenstein
Title:   Finance Director

This statement has been signed by the following person in the capacity and on the date indicated.

 

By:   /s/ GABRIEL BISIO
  Agent for Service of Process
Name:   Gabriel Bisio
Title:   Director, Diageo North America Inc.
Date:   April 29, 2016