Notices of Hearing & Temporary Orders

MARGUERITE MARIE FRANCE MARINUS [Sec. 161]

BCSECCOM #:
Document Type:
Sec. 161
Published Date:
1999-10-29
Effective Date:
1999-10-26
Details:


IN THE MATTER OF THE SECURITIES ACT
R.S.B.C. 1996, c. 418

AND

IN THE MATTER OF MARGUERITE MARIE FRANCE MARINUS


Order Under Section 161


1. WHEREAS an Agreed Statement of Facts and Undertaking was executed by Marguerite Marie France Marinus (“Marinus”) and the Executive Director, a copy of which is attached hereto as Schedule “A”;

2. NOW THEREFORE, the Executive Director, considering that it would be in the public interest to do so, orders, BY CONSENT, that:
      2.1 under section 161(1)(c) of the Securities Act, R.S.B.C. 1996, c. 418 (the “Act”) the exemptions described in sections 45 to 47, except 45(2)(7), 74, 75, 98 or 99 of the Act do not apply to Marinus;

      2.2 under section 161(1)(b) of the Act, Marinus resign any position she holds as a director or officer of any reporting issuer and that she is prohibited from becoming or acting as a director or officer of any reporting issuer; and

      2.3 under section 161(1)(d) of the Act, Marinus is prohibited from engaging in investor relations activities

      for a period of three years from the date of this Order.


DATED at Vancouver, British Columbia, on October 26, 1999.




                          Steve Wilson
                          Executive Director


Schedule “A”
IN THE MATTER OF THE SECURITIES ACT
R.S.B.C. 1996, c. 418

AND

IN THE MATTER OF MARGUERITE MARIE FRANCE MARINUS


Agreed Statement of Facts and Undertaking

The following agreement has been reached between Marguerite Marie France Marinus (“Marinus”) and the Executive Director:

1. As the basis for the order and undertaking referred to below, Marinus acknowledges the following facts as correct:
      1.1 Marinus is a resident of British Columbia and has previously been registered, until April 16, 1998, as a registered representative restricted to mutual funds under the Securities Act, R.S.B.C. 1996, c. 418 (the “Act”). Since April 16, 1998, Marinus has not been registered in any capacity;

      1.2 COI Cellular One Inc. (“COI”) was incorporated under the laws of British Columbia on February 15, 1990. COI is neither a reporting issuer or exchange issuer;
      1.3 during or about the period September 1997 to September 1998, approximately $400,000 was raised for COI from at least 70 investors, in British Columbia and elsewhere, through the combined efforts of Marinus and others;
      1.4 the money was raised by way of distribution of shares in COI to investors;

      1.5 by participating in this distribution, Marinus contravened sections 34 and 61 of the Act, because:

          1.5.1 she was not, at the material time, registered to trade under the Act;

          1.5.2 the investors in COI did not receive a prospectus or an offering memorandum in respect of the investments; and

          1.5.3 no exemption was available to Marinus in respect of this distribution;
      1.6. Marinus represents that she derived no financial benefit from this distribution and lost approximately $ 80, 000 as a result thereof; and

      1.7. Marinus cooperated fully with staff of the Commission.
2. Marinus consents to an order (the “Order”) by the Executive Director that:
      2.1 under section 161(1)(c) of the Act, the exemptions described in sections 45 to 47, except 45(2)(7), 74, 75, 98 or 99 of the Act do not apply to Marinus;

      2.2 under section 161(1)(b) of the Act, Marinus resign any position she holds as a director or officer of any reporting issuer and that she is prohibited from becoming or acting as a director or officer of any reporting issuer; and

      2.3 under section 161(1)(d) of the Act, Marinus is prohibited from engaging in investor relations activities

      for a period of three years from the date of the Order.

3. Marinus agrees not to apply for registration in any capacity under the Act for a period of three years from the date of this agreement.

4. Marinus waives any right she may have, under the Act or otherwise, to a hearing, hearing and review, judicial review or appeal related to, in connection with or incidental to this agreement and any related orders.


      DATED at Vancouver, British Columbia, on October 19, 1999.

“John Porges” )
Witness Signature )
John Porges )
Witness Name (Please Print) )
865 Hornby Street ) “Marguerite Marie France Marinus”
Vancouver, BC )
Address )
Manager, Investigations, BCSC )
Occupation )



DATED at Vancouver, British Columbia, on October 26, 1999.





Steve Wilson
Executive Director
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