0001062993-16-008933.txt : 20160414 0001062993-16-008933.hdr.sgml : 20160414 20160414072619 ACCESSION NUMBER: 0001062993-16-008933 CONFORMED SUBMISSION TYPE: F-X PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20160414 DATE AS OF CHANGE: 20160414 EFFECTIVENESS DATE: 20160414 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Dominion Diamond Corp CENTRAL INDEX KEY: 0000841071 STANDARD INDUSTRIAL CLASSIFICATION: METAL MINING [1000] IRS NUMBER: 000000000 STATE OF INCORPORATION: A6 FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: F-X SEC ACT: 1933 Act SEC FILE NUMBER: 001-33838 FILM NUMBER: 161570429 BUSINESS ADDRESS: STREET 1: PO BOX 4569 STREET 2: STATION A CITY: TORONTO STATE: A6 ZIP: M5W 4T9 BUSINESS PHONE: 4163622237 MAIL ADDRESS: STREET 1: PO BOX 4569 STREET 2: STATION A CITY: TORONTO STATE: A6 ZIP: M5W 4T9 FORMER COMPANY: FORMER CONFORMED NAME: HARRY WINSTON DIAMOND CORP DATE OF NAME CHANGE: 20071113 FORMER COMPANY: FORMER CONFORMED NAME: ABER DIAMOND CORP DATE OF NAME CHANGE: 19950606 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Dominion Diamond Corp CENTRAL INDEX KEY: 0000841071 STANDARD INDUSTRIAL CLASSIFICATION: METAL MINING [1000] IRS NUMBER: 000000000 STATE OF INCORPORATION: A6 FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: F-X BUSINESS ADDRESS: STREET 1: PO BOX 4569 STREET 2: STATION A CITY: TORONTO STATE: A6 ZIP: M5W 4T9 BUSINESS PHONE: 4163622237 MAIL ADDRESS: STREET 1: PO BOX 4569 STREET 2: STATION A CITY: TORONTO STATE: A6 ZIP: M5W 4T9 FORMER COMPANY: FORMER CONFORMED NAME: HARRY WINSTON DIAMOND CORP DATE OF NAME CHANGE: 20071113 FORMER COMPANY: FORMER CONFORMED NAME: ABER DIAMOND CORP DATE OF NAME CHANGE: 19950606 F-X 1 formfx.htm FORM F-X Dominion Diamond Corporation: Form F-X - Filed by newsfilecorp.com

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”):    Dominion Diamond Corporation

   
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: Dominion Diamond Corporation
  Form type: Form 40-F
  File number (if known): 001-33838
  Filed by: Dominion Diamond Corporation
  Date filed (if filed concurrently, so indicate): April 14, 2016 (filed concurrently)

D.

The Filer is incorporated or organized under the laws of Canada, and has its principal place of business at P.O. Box 4569, Station A, Toronto, Ontario, Canada M5W 4T9; telephone (416) 362-2237.

   
E.

Filer designates and appoints DL Services Inc. (“Agent”), located at Suite 6100 – 701 5th Avenue, Seattle, WA 98104-7043; telephone (206) 903-8800 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 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. 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 the 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 40-F 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 40-F; the securities to which the Form 40-F relates; and the transactions in such securities.



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 Yellowknife, Northwest Territories, Canada, on April 14, 2016.

  DOMINION DIAMOND CORPORATION
     
     
  By: /s/ BRENDAN BELL
  Name:  Brendan Bell
  Title:  Chief Executive Officer

This statement has been signed by the following person in the capacity indicated on April 14, 2016.

  DL Services Inc.
  as Agent for Service of Process for Dominion Diamond
  Corporation
     
     
     
  By: /s/ SHERI BERNDT-SMITH
  Name:  Sheri Berndt-Smith
  Title:  Vice President