17 C.F.R. § 239.36

Form F-6, for registration under the Securities Act of 1933 of depositary shares evidenced by American Depositary Receipts

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Form F-6 may be used for the registration under the Securities Act of 1933 (the Securities Act) of Depositary shares evidenced by American Depositary Receipts (ADRs) issued by a depositary against the deposit of the securities of a foreign issuer (regardless of the physical location of the certificates) if the following conditions are met:

(a) The holder of the ADRs is entitled to withdraw the deposited securities at any time subject only to (1) temporary delays caused by closing transfer books of the depositary or the issuer of the deposited securities or the deposit of shares in connection with voting at a shareholders' meeting, or the payment of dividends, (2) the payment of fees, taxes, and similar charges, and (3) compliance with any laws or governmental regulations relating to ADRs or to the withdrawal of deposited securities;

(b) The deposited securities are offered or sold in transactions registered under the Securities Act or in transactions that would be exempt therefrom if made in the United States; and

(c) As of the filing date of this registration statement, the issuer of the deposited securities is reporting pursuant to the periodic reporting requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 or the deposited securities are exempt therefrom by Rule 12g3-2(b) (§ 240.12g3-2(b) of this chapter) unless the issuer of the deposited securities concurrently files a registration statement on another form for the deposited securities.

[48 FR 12348, Mar. 24, 1983] Editorial Note:For Federal Register citations affecting Form F-6, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Notes of Decisions

Cited in 2 cases, 2003–2018 · leading case: In Re Vivendi Universal, S.A. Securities Litigation

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In Re Vivendi Universal, S.A. Securities Litigation (2003) nysd · cites it 2× “200, 230, 239, 240, and 249); 17 C.F.R. § 239.36 . Form F-4 registers the foreign deposited securities.”

Auto Ind. Pension Trust Fund v. Toshiba Corp. (2018) ca9 “& March 2018 update). 12 AUTO. INDUS. PENSION TRUST FUND V.”

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