Travelers Insurance Company of Canada
650 West Georgia Street
P.O. Box 11542, Suite 2500
Vancouver, British Columbia V6B 4N7
www.travelerscanada.ca
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LOST INSTRUMENT BOND APPLICATION
AND INDEMNITY AGREEMENT
Type of Bond: Open Penalty [ ] Fixed Penalty [ ]
Bond Amount: $___________________________ Name of Broker: __________________________________________________
_
Broker Knows Applicant Since:_______________________ Effective Date of Bond (dd/mm/yy): ________________________
_
COMPLETE BOX IF APPLICANT IS AN INDIVIDUAL
Name of Applicant:
Birthdate (dd/mm/yy):
Full Address:
E-mail Address:
Website Address:
Home Phone Number:
Business Phone Number:
COMPLETE BOX IF APPLICANT IS A CORPORATION/ LLC/ LLP
Name of Applicant:
Full Address: E-mail Address:
Website Address:
Organized Date (dd/mm/yy): Under Laws of: (Prov.)
(State) _______________________________
Name of President:
Name of Vice-President:
Name of Secretary:
Name of Treasurer:
Name(s) of Major Shareholders:
__________________________________________________ ( %) _________________________________________________ ( %)
__________________________________________________ ( %) _________________________________________________ ( %)
1. Description of Lost Share Certificate(s) [ ] or Bond(s) [ ]
(hereinafter called “Original”, whether one or more);
Certificate/Bond
No.
Number of Shares/Face
Value of Certificate ($)
Issued By(hereinafter
referred to as the “Issuing
Corporation”)
Registered in the
Name of
Class of Shares (ie. Common,
Class A etc.)
2. Original has been lost, stolen, destroyed or misplaced under the following circumstances;
a) Where Kept b) Date of Loss (dd/mm/yy):
c) How Lost:
d) If stolen, provide details and copy of police report:
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3. Was Original endorsed for transfer? YES [ ] NO [ ]
If yes, describe form of endorsement and state whether signature was guaranteed.
4. If Applicant(s) is not the registered owner as describe under section 1 mentioned above, please state your representative or
fiduciary title/capacity (i.e. Estate Trustee, Guardian, Power of Attorney etc.). Provide supporting documentation of representative
capacity/title.
Name (identify title/capacity) Full Address & Telephone #
If Original should ever come into above named representative (under Section 4) hands, custody or power, representative will
immediately and without consideration surrender Original to the Issuing Corporation, its transfer agents, trustees or Travelers
Insurance Company of Canada (hereinafter referred to as the “Surety”) for cancellation.
Notice: When signing this application you are signing in your fiduciary capacity.
5. List all individual(s) having an interest in the Original and their nature of interest (i.e. heir/beneficiary, sole proprietor etc.)
Note: All listed individual(s) mentioned below must execute this application as Indemnitor
:
Full Name of Individual Full Address Relationship to Registered Shareholder Age
If Original should ever come into any of the above named individual(s) (under section 5) hands, custody or power, Individual(s) will
immediately and without consideration surrender Original to the Issuing Corporation, its transfer agents, trustees or the Surety for
cancellation.
Note: To avoid any disruption in providing a bond it is required that the above named interested individual(s) sign this
application as a Personal Indemnitor(s).
SPECIAL INSTRUCTIONS:
THE FOLLOWING DOCUMENTS MUST BE SUBMITTED WITH THE LOST INSTRUMENT BOND APPLICATION:
1. COPY OF TRANSFER AGENTS LETTER CONFIRMING A ‘STOP TRANSFER’ RESTRICTION PLACED AGAINST
REPORTED CERTIFICATE. LETTER MUST BE DATED WITHIN ONE YEAR FROM THE DATE OF THIS APPLICATION;
2. AFFIDAVIT/DECLARATION OF LOSS (EXECUTED IN TRIPLICATE);
3. PERSONAL WORTH STATEMENT (IF CURRENT VALUE OF CERTIFICATE EXCEEDS $50,000 CAD); AND
4. CERTIFICATE OF INDEPENDENT LEGAL ADVICE (IF CURRENT VALUE OF CERTIFICATE EXCEEDS $250,000 CAD)
NOTE: FORMS AVAILABLE AT WWW.TRAVELERSCANADA.CA
THE SURETY RESERVES THE RIGHT TO REQUEST ADDITIONAL INFORMATION.
Declaration: The undersigned hereby declare(s) that:
1. All the information provided herein is to the best of my/our knowledge true, complete and correct and understand it will be used by the
Travelers Insurance Company of Canada (hereinafter referred to as the “Surety”) to determine credit worthiness;
2. I/We consent(s) to the Surety making any enquiries it deems necessary to reach a decision on this application, and consent(s) to the
disclosure at any time of any credit information about me/us to any credit reporting agency or to any one with whom I/we have financial
relations; and
3. The Surety may complete any blanks left or correct any errors in completing any blanks herein, and such insertions or corrections shall be
prima facie correct.
Indemnity Agreement
THIS IS A BINDING AGREEMENT, PLEASE READ CAREFULLY
WHEREAS, the undersigned have applied to the Surety for one or more bonds to guarantee the obligations of any of the undersigned or other
forms of guarantee or obligation, (hereinafter referred to as “Bonds"; the word "Bonds" includes any alteration including, without limitation, any
increase or decrease in the bond amount, renewal, continuance, replacement or extension thereof).
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NOW THEREFORE, in consideration of the issuance of Bonds, whether past, present or future, by the Surety or procured by the Surety for or
on behalf of the undersigned or of the Surety refraining from cancelling such Bonds and of the sum of Two Dollars and other good and valuable
consideration paid by the Surety to each of the undersigned (the receipt and sufficiency of which are hereby acknowledged) the undersigned
hereby jointly and severally agree as follows:
1. The present agreement applies equally to Bonds issued on behalf of the undersigned or any employee or agent of the undersigned.
2. The undersigned undertake to indemnify the Surety in full for any loss or damages that it may suffer arising from the issue of one or several
Bonds, or arising from a decision of the Surety not to issue any Bond, or arising from any default by the undersigned under the present agreement.
The present undertaking includes, without limitation, the obligation of the undersigned to reimburse to the Surety all sums which it might be called
upon to pay:
a) as a result of a judgment, arbitration award or settlement;
b) as damages of any nature, including punitive and exemplary damages, as the case may be;
c) in respect of any claim, liability or loss;
d) as expenditure, costs or fees that it may incur, including the cost of internal or external adjusters and consultants;
e) in satisfaction of all legal fees and disbursements incurred by the Surety and legal fees and disbursements of claimants’ counsel;
f) as administration costs related to claims under Bonds and under this agreement
3. The undersigned undertake to pay to the Surety:
a) the initial premium for the issue of any Bond, in conformity with the Surety's tariff in force, or such other tariff as may be agreed
upon with the undersigned; and
b) thereafter, any additional or other premium, in conformity with the Surety's tariff in force or such other tariff as may be agreed
upon with the undersigned until such time as the Surety receives proof to its satisfaction, confirming its complete release from
all Bonds issued by it, and from the renewal or extension of such Bonds.
4. In order to permit the Surety to meet its obligations under the Bonds, the undersigned undertake to advance to the Surety upon demand, funds
or satisfactory guarantees sufficient to allow the Surety to perform any or all of its obligations under the Bonds, which could be subject to
indemnification under the terms of the present agreement, even before any payment has been made by the Surety to a third party. Without limiting
the generality of the foregoing, the undersigned undertake to advance funds or furnish guarantees, as soon as the Surety establishes or increases
a reserve with respect to a claim or a situation relating to any Bonds, up to the amount of such reserve which will be established by the Surety in its
sole discretion.
5. The undersigned acknowledge that the Surety will have the right, in its sole and entire discretion, to decide whether to pay, settle or contest
any claim under a Bond without any obligation to consult or advise the undersigned in advance of so doing. The undersigned acknowledge
their obligation to indemnify the Surety in virtue of the present agreement, upon presentation by the Surety of a release or a copy of a cheque
or any other proof of payment, which will be deemed to be complete proof of the amount paid and of the Surety's right to make such payment
as a result of the issue of the Bonds and, consequently, its right to demand reimbursement from the undersigned under the terms of the present
agreement.
6. The undersigned hereby renounce the benefits of division and discussion.
7. The present agreement shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the undersigned.
8. All of the terms and conditions of the present agreement are for the benefit of:
a) any predecessors or successors or assigns of the Surety, including as a result of mergers, name changes, acquisitions of portfolios, or
otherwise, and
b) any surety, joint or several, any re-insurance company and any other surety procured by the Surety upon the request of the
Principal
to issue a Bond or Bonds, whether or not such Bond or Bonds are issued by the Surety or whether or not the surety retains any
interest in any such Bond or Bonds.
9. The rights of the Surety by virtue of the present agreement are in addition to any rights which the Surety may have by law or otherwise.
10. The undersigned acknowledge and declare that:
a) before signing, they have obtained a copy of the present agreement and that they have had sufficient time to study its terms and
conditions; and
b) they have read and understood all of the provisions of the present agreement; and
c) they have been given the opportunity of asking for appropriate explanations or clarifications on the nature and extent of the provisions
of the present agreement; and
d) they have been given the opportunity to consult a legal or other advisor and, if they deemed it necessary, they have in fact consulted
such advisor.
11. Privacy Consent – Please note that without this consent, the Surety will be unable to consider your application.
The undersigned acknowledge that the evaluation of any application for products of the Surety will involve the collection, use and disclosure of
personal information, including the information contained in this application and other sources gathered through legal means.
Such collection, use and disclosure of personal information is for the purposes of underwriting bonds and policies, as well as bond or policy
management, which shall include conducting initial and on-going credit investigations, as well as Surety activities associated with all
extensions, renewals, substitutions and modifications of the bonds or policies, and claims administration. In the ordinary course of the Surety’s
business, personal information may be disclosed to reinsurers, legal advisors, credit bureaus, other financial institutions, regulatory bodies and
any third party deemed necessary by the Surety. In the event information about other individuals (e.g. family members, employees,
shareholders) is provided or collected from other sources, the undersigned represent and warrant that those persons have consented, to the
extent required by law, to the collection, use and disclosure of their personal information for the afore-mentioned purposes.
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The undersigned hereby agree and consent to the Surety’s:
a) collection and use of personal information concerning the undersigned for the purposes described above; and
b) disclosure of the undersigned’s personal information, for the purposes described above to such third parties as deemed necessary by
the Surety.
For further information, the Surety’s Privacy Policy is available for review online at www.travelerscanada.ca.
12. The present agreement shall be construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable
therein and shall be treated in all respects as a contract of the Province of British Columbia. Each of the parties hereto hereby irrevocably attorns to
the jurisdiction of the courts of the Province of British Columbia
IN WITNESS WHEREOF the undersigned have executed and sealed this Application and Indemnity Agreement this __________ day of
____________________________, 20______.
PERSONAL APPLICANT/INDEMNITOR SIGN HEREUNDER:
Signed at _________________________________________
_
__________________________________________________
_
Signature of Witness (Witness must be an unrelated third
party)
__________________________________________________
_
Printed Name of Witness
_________________________________________________
_
Address of Witness
__________________________________________________
_
__________________________________________________
_
Phone Number of Witness
_________________________________________________
_
Signature of Applicant/Indemnitor
_________________________________________________
_
Printed Name of Applicant/Indemnitor
_________________________________________________
_
Address of Applicant/Indemnitor
_________________________________________________
_
_________________________________________________
_
Phone Number of Applicant/Indemnitor
Signed at _________________________________________
_
__________________________________________________
_
Signature of Witness (Witness must be an unrelated third
party)
__________________________________________________
_
Printed Name of Witness
_________________________________________________
_
Address of Witness
__________________________________________________
_
__________________________________________________
_
Phone Number of Witness
_________________________________________________
_
Signature of Applicant/Indemnitor
_________________________________________________
_
Printed Name of Applicant/Indemnitor
_________________________________________________
_
Address of Applicant/Indemnitor
_________________________________________________
_
_________________________________________________
_
Phone Number of Applicant/Indemnitor
Note: If more personal indemnitors attach signature page.
CORPORATE APPLICANT/INDEMNITOR SIGN HEREUNDER AND AFFIX SEAL:
__________________________________________________
_
Name Of Corporation
By: ______________________________________________
_
__________________________________________________
_
Name
__________________________________________________
_
Title
I HAVE AUTHORITY TO BIND THE CORPORATION
By: ______________________________________________
_________________________________________________
_
Name
_________________________________________________
_
Title
I HAVE AUTHORITY TO BIND THE CORPORATION
Head Office Address:__________________________________________________________________________________________
Note: If more corporate indemnitors attach signature page.
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