THE FOLLOWING MATTERS APPLET URE 2. THE FINANCIAL INSTITUTION AND APPLICANT: If you have been invited to apply for ownership of an asset in Manitoba, you agree to carry out a safekeeping arrangement as follows: • You agree that you own the asset and control the use of it (e.g., you are liable for the property should anyone misuse it for a profit), with no liability to the Province of Manitoba; • You agree to have a legal representative of your choice (or a relative) to administer the property for you. It may be beneficial for the party in control to act as a fiduciary for the third party (i.e., to act as a third-party manager). The third party may be your lawyer, accountant, estate planner, advisor, estate agent, lawyer or financial institution. A third-party manager may assist you, but not in a trustee or guardian capacity; and • You agree that you will cooperate with any investigation or prosecution in respect of the asset by the Province of Manitoba. 3. THE APPLICANT: You must ensure that the Financial Institution and Applicant provide accurate information about the asset (e.g., the amount of cash and other monetary value to be transferred, the names and addresses of any persons who will be in charge of executing, overseeing and monitoring the property during the course of ownership). The applicant should review this information with the financial institution. The applicant should make any necessary amendments to support the information as specified. It is a violation of this section for the applicant to provide false or misleading information about the asset. THE FIVE OBLIGATIONS AT THE START OF OWNERSHIP 4. PURCHASE CONTRACT — The financial institution must review any purchase contract for the asset to be used to ensure that the requirements of this Agreement are met. The financial institution may refuse to complete a purchase contract without full satisfaction of the requirements of this Agreement. 5. DEPOSIT IN THE RESTRICTED ACCOUNTS — When the financial institution receives 250,000 or more in direct payments from the applicant and the application is approved, and all other requirements of this Agreement are met (e.g. property ownership, the Safekeeping Agreement is signed and a written copy of the agreement is received), the financial institution may deposit the 250,000 or more in the restricted accounts (the “restricted accounts”).
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INSTRUCTIONS ON COMPLETING A SAFEKEEPING AGREEMENT 1. GENERAL The Safekeeping Agreement must be typed or clearly printed. The Ministry of Energy, Mines and Petroleum Resources requires one copy of
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