Mds Inc - Amended Annual Report (foreign private issuer) (40-F/A)
30 Gennaio 2008 - 7:54PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
40-F/A
(Amendment
No. 1)
[ ]
REGISTRATION STATEMENT PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT
OF
1934
OR
[
X ] ANNUAL REPORT PURSUANT TO SECTION 13(A) OR 15(D) OF THE SECURITIES EXCHANGE
ACT OF 1934
|
For
the fiscal year ended
October
31,
2007
|
Commission
File Number___
001-15016
|
|
MDS
INC.
(Exact
name of Registrant as specified in its charter)
|
|
Canada
(Federal)
(Province
or other jurisdiction of incorporation or organization)
|
|
8099
(Primary
Standard Industrial Classification Code Number (if applicable))
|
|
98-0170107
(I.R.S.
Employer Identification Number (if applicable))
|
|
Suite
300, West Tower
2700
Matheson Blvd., East
Mississauga,
Ontario Canada L4W 4V9
(416)
213-4082
(Address
and telephone number of Registrant's principal executive offices)
|
|
MDS
Pharma Services (US) Inc.
621
Rose Street, P.O. Box 80837, Lincoln, Nebraska 68501
(402)
476-2811
(Name,
address (including zip code) and telephone number (including area
code)
of
agent for service in the United States)
|
Securities
registered or to be registered pursuant to Section 12(b) of the Act.
|
Title
of each class
|
Name
of each exchange on which registered
|
|
Common
Shares, no par value
|
New
York Stock Exchange
|
|
|
|
Securities
registered or to be registered pursuant to Section 12(g) of the Act.
Securities
for which there is a reporting obligation pursuant to Section 15(d) of the
Act.
For
annual reports, indicate by check mark the information filed with this
Form:
|
[
X
] Annual information form
|
[
X
] Audited annual financial statements
|
Indicate
the number of outstanding shares of each of the issuer's classes of capital
or
common stock as of the close of the period covered by the annual report.
The
Registrant had 122,578,331 Common
Shares outstanding as at October 31, 2007
Indicate
by check mark whether the Registrant by filing the information contained in
this
Form is also thereby furnishing the information to the Commission pursuant
to
Rule 12g3-2(b) under the Securities Exchange Act of 1934 (the "Exchange Act").
If "Yes" is marked, indicate the file number assigned to the Registrant in
connection with such Rule.
Yes [ ] No [ X ]
Indicate
by check mark whether the Registrant (1) has filed all reports required to
be
filed by Section 13 or 15(d) of the Exchange Act during the preceding 12 months
(or for such shorter period that the Registrant was required to file such
reports) and (2) has been subject to such filing requirements for the past
90
days.
Yes [ X ] No
[ ]
EXPLANATORY
NOTE
MDS
Inc.
(the "Registrant") is filing this Amendment
No. 1 to the
Registrant's Annual Report on Form 40-F in order to file a revised consent
of
Ernst & Young LLP, registered public accountants.
Undertaking
and Consent to Service of Process
Undertaking
The
Registrant 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 securities in relation to which the obligation to file an annual
report on Form 40-F arises, or transactions in said securities.
Consent
to Service of Process
Concurrently
with the filing of the Registrant's Form 40-F on February 2, 2001 (File No.
001-15016), the Registrant filed with the SEC a written irrevocable consent
and
power of attorney on Form F-X; an amendment to that Form F-X was filed with
the
SEC on May 23, 2001.
EXHIBITS
The
following exhibits are filed as part
of this report:
|
Exhibit
No.
|
Description
|
|
99.1
|
Revised
Consent of Ernst & Young LLP.
|
|
31.2
|
Certification
of the Chief Executive Officer (Principal Executive Officer) pursuant
to
Section 302 of the Sarbanes-Oxley Act of 2002.
|
|
31.3
|
Certification
of the Chief Financial Officer (Principal Financial Officer) pursuant
to
Section 302 of the Sarbanes-Oxley Act of 2002.
|
SIGNATURES
Pursuant
to the requirements of the Exchange Act, the Registrant certifies that it meets
all of the requirements for filing on Form 40-F and has duly caused this annual
report to be signed on its behalf by the undersigned, thereto duly
authorized.
|
Date:
January 30, 2008
|
MDS
Inc
.
By:
/s/ D
ouglas
S.
Prince
Name:
Douglas S. Prince
Title: Executive
Vice-President Finance
and
Chief Financial Officer
|
|
|
|
EXHIBIT
INDEX
|
Exhibit
No.
|
Description
|
|
99.1
|
Revised
Consent of Ernst & Young LLP.
|
|
31.2
|
Certification
of the Chief Executive Officer (Principal Executive Officer) pursuant
to
Section 302 of the Sarbanes-Oxley Act of 2002.
|
|
31.3
|
Certification
of the Chief Financial Officer (Principal Financial Officer) pursuant
to
Section 302 of the Sarbanes-Oxley Act of 2002.
|
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