- Appointment of Agent for Service of Process and Undertaking (F-X)
28 Novembre 2008 - 1:35PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM F-X
APPOINTMENT
OF AGENT FOR SERVICE OF PROCESS AND UNDERTAKING
GENERAL
INSTRUCTIONS
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A.
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Name
of issuer or person filing (“Filer”):
Banco Itaú Holding Financeira
S.A.
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B.
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(1) This
is [check one]
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x
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an original filing for the
Filer
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o
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an
amended filing for the Filer
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(2)
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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
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C.
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Identify
the filing in conjunction with which this Form is being
filed:
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Name of
registrant:
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Unibanco – União de Bancos
Brasileiros S.A. (subject company)
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Form
type:
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CB
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File Number (if
known):
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Filed by:
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Banco Itaú Holding Financeira
S.A.
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Date Filed (if filed
concurrently, so indicate):
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November 28, 2008
(concurrently)
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D.
The Filer is incorporated or organized under the laws of
Brazil
and has its
principal place of business at
Praça Alfredo Egydio de Souza
Aranha, 100, 04344 902, São Paulo - SP, Brazil; telephone: 55 11
50191549
.
E.
The Filer designates and appoints Banco Itaú S.A. – New York Agency (“Agent”)
located at 540 Madison Ave., New York, New York 10022;
telephone: 212 486 1280, 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 CB filed
concurrently with this Form F-X 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 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 the 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 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, thereunto duly
authorized, in the City of São Paulo, SP, Brazil this 28
th
day of
November, 2008.
Filer:
Banco Itaú Holding Financeira
S.A.
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By:
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/s/ Alfredo
Egydio Setubal
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Name:
Alfredo Egydio Setubal
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Title:
Investor Relations Officer
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By:
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/s/ Silvio
Aparecido de Carvalho
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Name:
Silvio Aparecido de Carvalho
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Title:
Chief Financial Officer
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This
statement has been signed by the following person in the capacities and on the
date indicated.
Banco
Itaú S.A. – New York Agency, as Agent for Service of Process for Banco Itaú
Holding Financeira S.A.
By:
/s/ Ricardo Augusto Villela
Pacheco
Name: Ricardo
Augusto Villela Pacheco
November
28, 2008
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