smic_fx.htm
UNITED STATES
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”):
Semiconductor Manufacturing International
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: |
Semiconductor
Manufacturing International Corporation |
Form type: |
Form
CB |
File Number (if known): |
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Filed by: |
Semiconductor
Manufacturing International Corporation |
Date Filed (if filed concurrently, so
indicate): Concurrently |
D. The Filer is incorporated or organized under
the laws of:
Cayman Islands
and has its principal
place of business at:
18 Zhangjiang Road
Pudong New Area, Shanghai 201203, People's Republic of China
(8621)3861-0000
E. The Filer designates and appoints
C T Corporation System (“Agent”) located at
111 Eighth Avenue, New York, New York 10011
212-894-8940
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 (Name of form) CB on February
12, 2010 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 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, in connection with the use of
Form CB, 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 following the effective date of the latest
amendment to such Form CB.
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 CB; the securities to which
the Form CB relates; 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, thereunto duly authorized, in the
City of Shanghai, People’s Republic of China on this 12th day of February, 2010.
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Semiconductor Manufacturing
International Corporation |
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By: |
/s/ Dr. David N. K.
Wang |
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Dr. David N. K. Wang |
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President and Chief Executive
Officer |
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This statement has
been signed by the following persons in the capacity and on the date
indicated.
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C T Corporation
System |
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By: |
/s/ Yadira H. Garcia |
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Yadira H. Garcia |
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Name: |
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Customer Specialist/Assistant
Secretary |
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Title: |
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February 12, 2010 |
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Date: |
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