Settlements
Braemount Resources Ltd., et al. [Agreed Statement]
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BCSECCOM #:
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Document Type:
Agreed Statement
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Published Date:
1991-06-21
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Effective Date:
1991-06-12
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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 Braemount Resources Ltd.
AND IN THE MATTER OF Richard Norman Jeffs
Agreed Statement of Facts and Undertaking
W.D. Nesmith
June 12, 1991
Agreed Statement of Facts and Undertaking:-- The following agreement has been reached between Richard Norman Jeffs ("Jeffs") and the Superintendent of Brokers (the "Superintendent"):
| 1. |  | Braemount Resources Ltd. ("Braemount") was incorporated according to the laws of Alberta on May 27, 1987 and became a reporting issuer on February 6, 1989, upon obtaining a receipt under the Securities Act, S.B.C. 1985, c. 83 (the "Act") for a prospectus dated January 24, 1989. Braemount subsequently amended its prospectus on May 3, 1989, June 1, 1989 and September 11, 1989; | |
| 2. | | The prospectus disclosed the use of proceeds to be directed to the exploration of an oil and gas prospect located in Alberta; | |
| 3. | | Braemount applied for listing on the Vancouver Stock Exchange (the "Exchange") and its shares were listed and fully trading on the Exchange on September 25, 1989; | |
| 4. | | On September 25, 1989, Braemount entered an agreement (the "Farm-out Agreement") where a third party agreed to perform the exploration work disclosed in the prospectus in return for an interest in the oil and gas prospect; | |
| 5. | | On September 27, 1989, Braemount disclosed the Farm-out Agreement by way of news release; | |
| 6. | | An exploration program was then conducted on the oil and gas prospect in Alberta and the exploration results were not positive. The results were announced by way of news release dated October 4, 1989. Further development of the oil and gas prospect was not pursued; | |
| 7. | | During the period November 1989 to July 1990, advances of prospectus funds were made for the development of 21st Century Vapor Waste Management ("21st Century"), a company with offices in Oklahoma and California; | |
| 8. | | Jerry Allen Jankovic ("Jankovic"), Brad Eckenweiler and Stan Reilly each owned an equal share of 21st Century. Jankovic was president of 21st Century; | |
| 9. | | Jankovic was a director and promoter of Braemount during the material period and participated in the advance of funds from Braemount to 21st Century. Jankovic was also the owner of 500,000 escrow shares of Braemount; | |
| 10. | | Braemount's Listing Agreement with the Exchange provided that any non-arm's length transaction or any advance to an entity not wholly owned by the listed company requires the prior approval of the Exchange; | |
| 11. | | Jeffs was a promoter of Braemount and joined the board of directors following the prospectus offering. | |
| 12. | | Jeffs knew or ought to have known the information described in items 1 through 10 and acknowledges the advances were made without Exchange approval and therefore contrary to the Listing Agreement and Policies of the Exchange; | |
| 13. | | Jeffs hereby agrees to | |
| (a) | | pay to the order of the Minister of Finance and Corporate Relations the sum of $1,000, and | |
| (b) | | complete a course acceptable to the Superintendent concerning directors and officers duties prior to acting as a director, officer, or promoter of any reporting issuer other than Braemount; and | |
| 14. | | Jeffs waives his right to a hearing and review by the British Columbia Securities Commission with respect to the above matters. | |
Superintendent of Brokers