Settlements
Leandro Guillermo Rosado-Machain [Sec. 144]
BCSECCOM #:
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Document Type:
Sec. 144
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Published Date:
1996-06-14
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Effective Date:
1996-06-11
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Details:
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IN THE MATTER OF The Securities Act, S.B.C. 1985, c. 83
AND IN THE MATTER OF Leandro Guillermo Rosado-Machain
Order Under Section 144
D.E. Holley
June 11, 1996
ORDER:-- WHEREAS an Agreed Statement of Facts and Undertaking was executed by Leandro Guillermo Rosado-Machain ("Rosado-Machain") and the Executive Director, a copy of which is attached hereto as Scheduled "A" (the "Agreed Statement");
NOW THEREFORE the Executive Director, considering that it would be in the public interest to do so, orders, BY CONSENT, that:
1. | under section 144(1)(c) of the Securities Act, S.B.C. 1985, c. 83, the exemptions described in sections 30 to 32, 55, 58, 80 and 81 do not apply to Rosado-Machain; and | ||
2. | under section 144(1)(d) of the Act, Rosado-Machain is prohibited from becoming or acting as a director or officer of any reporting issuer; |
D.E. HOLLEY, Executive Director
* * * * *
SCHEDULE "A"
IN THE MATTER OF THE SECURITIES ACT
S.B.C. 1985, c. 83
S.B.C. 1985, c. 83
AND
IN THE MATTER OF LEANDRO GUILLERMO ROSADO-MACHAIN
Agreed Statement of Facts and Undertaking
The following agreement has been reached between Leandro Guillermo Rosado-Machain ("Rosado-Machain") and the Executive Director:
1. | As the basis for the order and undertaking in paragraphs 2 and 3 of this agreement, Rosado-Machain acknowledges the following facts as correct: |
(a) | Templar Resources Corporation ("Templar") is a reporting issuer incorporated in British Columbia under the Company Act, R.S.B.C. 1979, c. 59 and its common shares are listed and posted for trading on the Vancouver Stock Exchange; | ||
(b) | Rosado-Machain was appointed a director of Templar on July 22, 1993 and acquired on that date 1,596,724 performance earn-out shares and 613,388 free trading shares in Templar; | ||
(c) | Rosado-Machain became an insider of Templar on July 22, 1993 and was required to file an insider report in accordance with the provisions of section 70(2) of the Securities Act, S.B.C. 1985, c. 83 (the "Act"); | ||
(d) | Rosado-Machain's direct or indirect beneficial ownership of or control or direction over shares of Templar changed after July 22, 1993 such that he was required to file insider reports in accordance with section 70(4) of the Act; | ||
(e) | Rosado-Machain failed to file his insider reports for the periods following July 22, 1993 in a timely manner as required by section 70(4) of the Act; | ||
(f) | On February 13, 1995, the Director ordered under section 146 of the Act that Rosado-Machain cease trading in the securities of Templar; and | ||
(g) | On August 4, 1995, Rosado-Machain filed insider reports for the periods following July 22, 1993 which disclosed the following trades in the securities of Templar: |
Month | Securities | Securities | No. of | |
Acquired | Sold No. | Transactions |
August 1994 48,000 | 25,000 | 10 | |
September 1994 | 75,500 | 9 | |
October 1994 | 47,500 | 3 |
2. | Rosado-Machain consents to an order of the Executive Director that: |
(a) | under section 144(1)(c) of the Act exemptions described in any of sections 30 to 32, 55, 58, 80 or 81 do not apply to Rosado-Machain; and | ||
(b) | under section 144(1)(d) of the Act Rosado-Machain be prohibited from becoming or acting as a director or officer of any reporting issuer |
3. | Rosado-Machain undertakes to pay to the British Columbia Securities Commission the sum of $2,000 and late filing fees in the amount of $150. | ||
4. | Rosado-Machain waives any right he 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 the related Order. |
L.C. Gloria Garcia Sanchez )
Witness )
)
Calle 18, M2, 9BIS - LT.2 )
) Leandro Guillermo Rosado-Machain
Col Olivar Del Conde Ia Secc.)
Mexico DF. CP 01400 )
Address )
D.E. HOLLEY, Executive Director