addy requires a signed Letter of Attestation for Court Proceedings for each raise.
A signed Letter of Attestation for Court Proceedings is required for each raise the Issuer does on the addy platform. The Letter of Attestation is available to addy Members in the confidential data room of each raise. In addition, any findings will need to be disclosed in the Offering Document.
The Letter of Attestation for Court Proceedings has six questions:
- Under the laws of any province, territory, state or country have you ever in the last ten years:
- been declared bankrupt or made a voluntary assignment in bankruptcy?
- made a proposal under any legislation relating to bankruptcy or insolvency?
- been subject to or instituted any proceedings, arrangement or compromise with creditors including, without limitation, produced a declaration under the Quebec Civil Code or had a receiver and/or manager appointed to hold your assets?
- Has any partnership or corporation of which you are or were at the time of such event (described below) a partner, director, officer or holder of voting securities carrying more than 10% of the votes carried by all outstanding voting securities ever in the last ten years:
- been declared bankrupt or made a voluntary assignment in bankruptcy?
- made a proposal under any legislation relating to bankruptcy or insolvency?
- been subject to proceedings under any legislation relating to the winding up, dissolution or companies' creditors arrangements?
- been subject to or instituted any proceedings, arrangement or compromise with creditors or had a receiver and/or manager appointed to hold its assets?
- Have you ever pleaded guilty to or been found guilty of
- a summary conviction or indictable offense under the Criminal Code,
- a quasi-criminal offense in any jurisdiction of Canada or a foreign jurisdiction,
- a misdemeanor or felony under the criminal legislation of the United States of America, or any state or territory therein,
- or an offense under the criminal legislation of any other foreign jurisdiction.
- Have you been, or are you currently, the subject of an order (cease trade or otherwise), judgment, decree, sanction, or administrative penalty imposed by, or have entered into a settlement agreement with, a government agency, administrative agency, self-regulatory organization, civil court, or administrative court of Canada or a foreign jurisdiction in the last 10 years related to:
- the person’s involvement in any securities, insurance or banking activity, or
- a claim based in whole or in part on fraud, theft, deceit, misrepresentation, conspiracy, breach of trust, breach of fiduciary duty, insider trading, unregistered trading, illegal distributions, failure to disclose material facts or changes, or allegations of similar conduct,
- Have you been the subject of an order, judgment, decree, sanction or administrative penalty imposed by a discipline committee, professional order or administrative court of Canada or a foreign jurisdiction in the last ten years related to any professional misconduct.
- Have you acted in the capacity of a director, officer, founder or control person of a person or company that is or has been subject to a proceeding described in paragraph (2), (3), (4) or (5) above.