Securities Registration (ads, Immediate) (f-6ef)
17 Julho 2018 - 4:37PM
Edgar (US Regulatory)
As filed with the Securities and Exchange
Commission on July 17, 2018. Registration No. 333-______
SECURITIES AND EXCHANGE
COMMISSION
Washington, D.C. 20549
_______________________________
FORM F-6
REGISTRATION STATEMENT
under
THE SECURITIES ACT OF 1933
For Depositary Shares
UNIBAIL-RODAMCO SE
WFD UNIBAIL-RODAMCO N.V.
(Exact name of issuer of deposited securities
as specified in its charter)
N/A
(Translation of issuer's name into English)
France (Unibail-Rodamco SE)
Netherlands (WFD Unibail-Rodamco N.V.)
(Jurisdiction of incorporation or organization
of issuer)
THE BANK OF NEW
YORK MELLON
(Exact name of depositary as specified in its
charter)
225 Liberty Street New York, N.Y. 10286
(212) 495-1784
(Address, including zip code, and telephone number,
including area code, of depositary's principal executive offices)
_______________________________
The Bank of New York Mellon
ADR Division
225 Liberty Street, 21st Floor
New York, New York 10286
(212) 495-1784
(Address, including zip code, and telephone number,
including area code, of agent for service)
Copies to:
Brian D. Obergfell, Esq.
Emmet, Marvin & Martin, LLP
120 Broadway
New York, New York 10271
(212) 238-3032
It is proposed that this filing become effective
under Rule 466
[X] immediately upon filing
[ ] on ( Date ) at ( Time ).
If a separate registration statement has been
filed to register the deposited shares, check the following box. [ ]
CALCULATION OF REGISTRATION FEE
Title of each class of
Securities to be registered
|
Amount to be registered
|
Proposed maximum offering price per unit
(1)
|
Proposed maximum aggregate offering price
|
Amount of registration fee
|
American Depositary Shares representing stapled
securities consisting of ordinary shares of Unibail-Rodamco SE and Class A shares of WFD Unibail-Rodamco N.V.
|
50,000,000
American Depositary Shares
|
$5.00
|
$2,500,000
|
$311.25
|
|
(1)
|
For the purpose of this table only the term "unit" is defined as 100 American Depositary
Shares or portion thereof.
|
The prospectus
consists of the proposed form of American Depositary Receipt and Statement of Terms and Conditions (“Receipt”) filed
as Exhibit 1 to this Registration Statement, which is incorporated herein by reference.
PART I
INFORMATION REQUIRED IN PROSPECTUS
Item - 1.
Description of Securities to
be Registered
Cross Reference Sheet
Item Number and Caption
|
Location in Form of Receipt
Filed Herewith as Prospectus
|
-
Name and address of depositary
|
Introductory Article
|
-
Title of the depositary shares and identity of deposited securities
|
Face of Receipt, top center
|
Terms of Deposit:
|
|
(i) The amount of deposited securities represented by one unit of depositary shares
|
Face of Receipt, upper right corner
|
(ii) The procedure for voting, if any, the deposited securities
|
Articles number 8 and 12
|
(iii) The procedure for collection and distribution of dividends
|
Articles number 9 and 13
|
(iv) The procedure for transmission of notices, reports and proxy soliciting material
|
Article number 8
|
(v) The sale or exercise of rights
|
Articles number 4 and 9
|
(vi) The deposit or sale of securities resulting from dividends, splits or plans of reorganization
|
Articles number 9 and 11
|
(vii) Amendment, extension or termination of the deposit agreement
|
Articles number 13 and 18
|
(viii) Rights of holders of depositary shares to inspect the transfer books of the depositary and the list of holders of depositary shares
|
Article number 3
|
(ix) Restrictions upon the right to transfer or withdraw the underlying securities
|
Articles number 2, 3, 4, 6, 11, 12 and 14
|
(x) Limitation upon the liability of the depositary
|
Articles number 5, 8, 9, 12, 13 and 19
|
3. Fees and Charges
|
Article number 8
|
Item - 2.
Available Information
Public reports furnished by issuer
|
Article number 11
|
PART II
INFORMATION NOT REQUIRED IN PROSPECTUS
Item - 3.
Exhibits
a.
|
Form of American Depositary Receipt and Statement of Terms and Conditions, which contains the form of deposit agreement relating to the American Depositary Shares registered hereunder. – Filed herewith as Exhibit 1.
|
b.
|
Any other agreement, to which the depositary is a party, relating to the issuance of the Depositary Shares registered hereby or the custody of the deposited securities represented thereby. – Not applicable.
|
c.
|
Every material contract relating to the deposited securities between the Depositary and the issuer of the deposited securities in effect at any time within the last three years. – Not applicable.
|
d.
|
Opinion of Emmet, Marvin & Martin, LLP, counsel for the Depositary, as to legality of the securities to be registered. – Filed herewith as Exhibit 4.
|
e.
|
Certification under Rule 466. – Filed herewith as Exhibit 5.
|
Item - 4.
Undertakings
(a)
The Depositary hereby undertakes to make available at the principal office of the Depositary
in the United States, for inspection by holders of the depositary shares, any reports and communications received from the issuer
of the deposited securities which are both (1) received by the Depositary as the holder of the deposited securities, and (2) made
generally available to the holders of the underlying securities by the issuer.
(b)
If the amounts of fees charged are not disclosed in the prospectus, the Depositary undertakes
to prepare a separate document stating the amount of any fee charged and describing the service for which it is charged and to
deliver promptly a copy of such fee schedule without charge to anyone upon request. The Depositary undertakes to notify each registered
holder of depositary shares thirty days before any change in the fee schedule.
SIGNATURES
Pursuant to the
requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that all the requirements
for filing on Form F-6 are met and has duly caused this Registration Statement to be signed on its behalf by the undersigned, thereunto
duly authorized, in the City of New York, State of New York, on July 17, 2018.
Legal entity created by the agreement
for the issuance of depositary shares representing stapled securities consisting of ordinary shares of Unibil-Rodamco SE and Class
A shares of WFD Unibail-Rodamco N.V.
By:
|
The Bank of New York Mellon
|
|
As Depositary
|
|
|
|
|
By:
|
/s/ Joanne
DiGiovanni Hawke
|
Name:
|
Joanne DiGiovanni Hawke
|
Title:
|
Managing Director
|
INDEX TO EXHIBITS
Exhibit
Number
|
Exhibit
|
|
|
1
|
Form of American Depositary Receipt and Statement of Terms and Conditions, which contains the form of deposit agreement relating to the American Depositary Shares registered hereunder.
|
|
|
|
|
4
|
Opinion of Emmet, Marvin & Martin, LLP, counsel for the Depositary, as to the legality of the securities to be registered.
|
|
|
5
|
Certification under Rule 466.
|
|
|
|
|
|
|
|
|
|
|
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