Settlements
PETER KERKHOFF [Sec. 161 & Agreed Stmt]
BCSECCOM #:
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Document Type:
Sec. 161 & Agreed Stmt
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Published Date:
1997-09-12
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Effective Date:
1997-09-03
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Details:
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IN THE MATTER OF THE SECURITIES ACT
R.S.B.C. 1996, c. 418
AND
IN THE MATTER OF PETER KERKHOFF
Order Under Section 161
WHEREAS an Agreed Statement of Facts and Undertaking was executed by Peter Kerkhoff (“Kerkhoff”) and the Executive Director, a copy of which is attached hereto as Schedule “A” (the “Agreement”);
NOW THEREFORE the Executive Director, considering that it would be in the public interest to do so, orders, BY CONSENT, that:
1. pursuant to section 161(1)(d) of the Securities Act, R.S.B.C. 1996, c. 418 (the “Act”), Kerkoff is prohibited from becoming or acting as a director or officer of any reporting issuer or of any issuer that has distributed, or proposes to distribute securities without a prospectus by relying on the exemptions contained in sections 128(a), 128(b), or 128(c) of the Securities Rules, R.B.C. Reg. 194/97, and 74(4) of the Act, for a period ending on the later of:
- (a) the date Kerkhoff satisfies his obligation to pay the sum of $25,000 as described in paragraph 3 of the Agreement; and
(b) ten years from the date of this Order.
DATED at Vancouver, British Columbia, on September 3rd, 1997.
Paul C. Bourque
Executive Director
Schedule “A”
IN THE MATTER OF THE SECURITIES ACT
R.S.B.C. 1996, c. 418
AND
IN THE MATTER OF PETER KERKHOFF
Agreed Statement of Facts and Undertaking
R.S.B.C. 1996, c. 418
AND
IN THE MATTER OF PETER KERKHOFF
Agreed Statement of Facts and Undertaking
The following agreement has been reached between Peter Kerkhoff and the Executive Director:
1. As a basis for the orders and undertakings referred to below, Peter Kerkhoff acknowledges the following facts as correct:
(a) Gibbins Estates Limited (“Gibbins”) (formerly Kerkhoff Land Investments Corporation) is a non-reporting issuer incorporated in British Columbia under the Company Act, R.S.B.C. 1996, c. 62 (the “Company Act”). Peter Kerkhoff (“Kerkhoff”) was a director and a vice president of Gibbins from November of 1993 until 1995;
As a result of the Errors, the exemption to the prospectus requirement contained in section 117(b) of the Old Regulation (now section 128(b) of the Rules) was not available to qualify the distributions of the debentures and therefore Gibbins breached sections 20 and 42 of the Old Act (now sections 34 and 61 of the Act) by causing securities to be distributed without registration and without a prospectus;
(h) By failing to retain the Payment in Gibbins’ account, Kerkhoff, as a director of Gibbins, breached his obligations as contained in sections 118 and 135 of the Company Act requiring him to act honestly, in good faith and in the best interests of Gibbins and to exercise the care, diligence and skill of a reasonably prudent person.
(a) under section 161(1)(d) of the Act, that he is prohibited from becoming or acting as a director or officer of any reporting issuer or of any issuer that has distributed, or proposes to distribute securities without a prospectus by relying on the exemptions contained in sections 128(a), 128(b) or 128(c) of the Rules and section 74(4) of the Act, for a period ending on the later of:
(a) $3,000 on or before September 30, 1997;
and on the terms set out in a Promissory Note executed by Kerkhoff in favour of the Commission.
DATED at Chilliwack, British Columbia, on September 2, 1997.
C. Kerkhoff )
Witness Signature )
)
Christina Kerkhoff )
Witness Name ) Peter Kerkhoff
51233 Camp River Road )
Rosedale, B.C. V0X 1X0 )
Address )
)
Housewife )
Occupation
DATED at Vancouver, British Columbia, on September 3rd, 1997.
Paul C. Bourque
Executive Director