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): BROOKFIELD ASSET MANAGEMENT INC.
B. (1) This is [check one]:
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þ an original filing for the Filer |
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o an amended filing for the Filer |
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(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) o |
C. Identify the filing in conjunction with which this form is being filed:
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Name of Registrant:
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Brookfield Asset Management Inc. |
Form type:
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F-9 |
File Number (if known):
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333-156499 |
Filed by:
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Brookfield Asset Management Inc. |
Date Filed (if filed concurrently, so indicate):
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December 30, 2008 (filed concurrently) |
D. Filer is incorporated or organized under the laws of Ontario, Canada and has its
principal place of business at Brookfield Place, 181 Bay Street, Suite 300, P.O. Box 762, Toronto,
Ontario, M5J 2T3.
E. Filer designates and appoints Andrew J. Beck, Esq., c/o Torys LLP, 237 Park Avenue,
New York, New York, 10017 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-9 on November 2008 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 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 such forms and schedules relate has ceased reporting under the
Exchange Act;
Each 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. 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 Toronto,
Ontario, on December 30, 2008.
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Filer: |
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BROOKFIELD ASSET MANAGEMENT INC. |
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By:
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/s/ Brian D. Lawson |
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Name: |
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Brian D. Lawson |
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Title: |
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Chief Financial Officer |
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This statement has been signed by the following person in the capacity indicated and on
December 30, 2008:
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By:
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/s/ ANDREW J. BECK
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Title:
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Agent |
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