fvx
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):
|
|
Barrick Gold Corporation |
|
þ |
|
an original filing for the Filer |
|
|
o |
|
an amended filing for the File |
C. |
|
Identify the filing in conjunction with which this Form is being filed: |
|
|
|
Name of registrant:
|
|
Barrick Gold Corporation |
|
|
|
Form type:
|
|
Form F-10 |
|
|
|
File Number (if known): |
|
|
|
|
|
Filed by:
|
|
Barrick Gold Corporation |
|
|
|
Date File:
|
|
January 4, 2006 |
D. |
|
The Filer is incorporated or organized under the laws of Ontario, Canada and has its principal place of business at: |
BCE Place,
161 Bay Street, Suite 3700,
Toronto, Canada M5J 2S1
Telephone: (800) 720-7415
E. |
|
The Filer designates and appoints CT Corporation System (Agent) located at: |
111 Eighth Avenue
New York, New York 10011
Telephone: (212) 894-8700
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 (i) any offering made or purported to be made in connection with the securities registered or
qualified by the Filer on Form F-10 on January 4, 2006 or any purchases or sales of any security in
connection therewith; (ii) the securities in relation to which the obligation to file an annual report
on Form 40-F arises, or any purchases or sales of such securities; (iii) any tender offer for the
securities of a Canadian issuer with respect to which filings are made by the Filer with the
Commission on Schedule 13E-4F, 14D-1F or 14D-9F; or (iv) the securities in relation to which the Filer
acts as trustee pursuant to an exemption under Rule 10a-5 under the Trust Indenture Act of 1939. 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. |
|
(a) The Filer stipulates and agrees in connection
with the use of Form F-10 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 following the date the Filer has
ceased reporting under the Exchange Act. |
|
|
|
(c) The Filer further undertakes to advise the Commission promptly of
any change to the Agents 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 Forms, Schedules and offering
statements described in General Instructions I. (a), I. (b), I. (c),
I. (d) and I. (f) of this Form, as applicable; the securities to which
such Forms, Schedules and offering statements relate; and the
transactions in such securities. |
2
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 Toronto,
Ontario, Canada, on January 4, 2006.
|
|
|
|
|
|
BARRICK GOLD CORPORATION
|
|
|
By: |
/s/ Sybil E. Veenman
|
|
|
|
Sybil E. Veenman |
|
|
|
Vice President, Assistant General
Counsel and Secretary |
|
3
This statement has been signed by the following persons in the capacities and on the dates
indicated.
|
|
|
|
|
|
CT CORPORATION SYSTEM
As agent for Service of Process for
Barrick Gold Corporation
|
|
|
By: |
/s/ Michael Mitchell
|
|
|
Name: |
Michael Mitchell |
|
|
Title: |
Department Manager |
|
|
Date: |
January 4, 2006 |
|
|
4