Settlements
Daiji James Yamada [Agreed Stmt]
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BCSECCOM #:
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Document Type:
Agreed Stmt
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Published Date:
1995-12-01
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Effective Date:
1995-11-23
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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 Daiji James Yamada
Agreed Statement of Facts and Undertaking
D.E. Holley
November 23, 1995
AGREED STATEMENT OF FACTS AND UNDERTAKING:-- The following agreement has been reached between Daiji James Yamada and the Superintendent of Brokers:
1. |  | As the basis for the undertaking referred to in paragraph 3 of this agreement, Yamada acknowledges the following: | |
(a) | | Yamada is a resident of British Columbia and, since November 3, 1993, has been a director and president of Unicomm Signal Inc., formerly known as TTC/Truck Tech Corp. ("TTC"), the shares of which are listed for trading on the Vancouver Stock Exchange; | |
(b) | | on March 23, 1994, shares in TTC traded on the Exchange in a range from $0.27 to $0.30 per share with a close of $0.27; | |
(c) | | on March 23, 1994, an individual of no fixed address (the "Purchaser") gave Yamada at least $8,700 (U.S.) in cash (the "Funds") and signed a draft subscription agreement (the "Agreement") toward the purchase of 18,500 units, each consisting of one share of TTC and one share purchase warrant, at a price of $1.00 per unit, for a total purchase price of $18,500 (the "Investment"); | |
(d) | | Yamada solicited the Investment, advised the Purchaser to make the Investment, accepted the Funds, knew that the Funds represented substantially all of the Purchasers assets, and knew or ought to have known that the Investment was not suitable for the Purchaser; and | |
(e) | | Yamada ought to have known that his actions as described in paragraph 1(d) constituted trading contrary to section 20 of the Securities Act, S.B.C. 1985, c. 83; and | |
(f) | | Yamada has returned $8,500 (U.S.) to the Purchaser. | |
2. | | The Superintendent acknowledges that Yamada has cooperated with the staff of the British Columbia Securities Commission in providing evidence and information with respect to this matter. | |
3. | | Yamada undertakes to comply with the provisions of the Act and the Securities Regulation, B.C. Reg. 270/86 from the date of this agreement. | |
4. | | Yamada agrees to pay the sum of $10,000 to the British Columbia Securities Commission. | |
5. | | Yamada 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. | |
______________________________) | | | |
Witness ) | | | |
R.V. Rudman ) | | | |
Witness Name (please print) ) | | | |
) | | Daiji James Yamada | |
40 - 5740 Garrison Rd. ) | | | |
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Richmond, B.C. V7C 5E7 ) | | | |
Address ) | | | |