U.S. 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"): YM BioSciences Inc.
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: YM BioSciences Inc.
Form type: 40-F File
Number (if known): N/A
Filed by: YM BioSciences Inc.
Date Filed (if filed concurrently, , 2004
so indicate): (filed concurrently)
D. Filer is incorporated or organized under the laws of the Province of
Nova Scotia, Canada, and has its principal place of business at Suite 400,
Building 11, 5045 Orbitor Drive, Mississauga, Ontario, Canada L4W 4Y4.
E. Filer designates and appoints Torys LLP c/o Andrew J. Beck ("Agent")
located at 237 Park Avenue, 20th Floor, New York, NY 10017 (Telephone: (212)
880-6000) 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 on 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
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 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 Form 40-F relates has ceased reporting under the Exchange Act.
Each 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. Each person filing this form, other than a trustee filing in accordance
with General Instruction I.(e) of this form, 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.
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, thereto duly authorized, in the City of Toronto, Province of
Ontario, Canada, this 12 day of November, 2004.
Filer: YM BIOSCIENCES INC.
By: /s/ David G.P. Allan
--------------------------------
Name: David G.P. Allan
Title: Chief Executive Officer
This statement has been signed by the following person in the capacity
indicated on November 12, 2004:
TORYS LLP, as Agent for Service of
Process of YM BioSciences Inc.
By: /s/ Andrew J. Beck
--------------------------------
Name: Andrew J. Beck
Title: Partner