Settlements
DON GARTH CHOQUER [Sec. 144 & Agreed Stmt]
BCSECCOM #:
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Document Type:
Sec. 144 & Agreed Stmt
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Published Date:
1997-03-21
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Effective Date:
1997-03-13
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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 DON GARTH CHOQUER
Order Under Section 144
WHEREAS an Agreed Statement of Facts and Undertaking has been executed by Don Garth Choquer 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. under section 144(1)(a) of the Securities Act, S.B.C. 1985, c. 83, Choquer agrees to comply with section 42 of the Act;
2. under section 144(1)(c) of the Act, that the exemptions described in sections 30 - 32.1, 55, 58, 80 and 81 (other than subsections 32(a), (b) and (i)), do not apply to Choquer for a period ending on the latter of:
(a) the date Choquer satisfies his obligation referred to in paragraph 3 below, including any accrued interest; and
except that Choquer may trade shares he beneficially owns at the date of the Order, subject to the following conditions:
(c) that before any trades take place, Choquer must deliver a sworn declaration to the Executive Director listing all of the securities he beneficially owns at the date of the Agreement;
(d) that any such trade must take place within 180 days of the date of the Order through a single registered dealer designated in writing by Choquer; and
(e) that before any such trades take place, Choquer must deliver to the registered dealer:
(i) a copy of the Order;
3. under subsection 144(1)(d) of the Act, that Choquer is prohibited from becoming or acting as a director or officer of any reporting issuer or any issuer that provides management, consulting, or administrative services to a reporting issuer for a period ending on the latter of:
(a) the date Choquer satisfies his obligation to pay $50,000 described in paragraph 3 of the Agreement; and
DATED at Vancouver, British Columbia, on March 13, 1997.
Paul C. Bourque
Executive Director
“Schedule “A”
IN THE MATTER OF THE SECURITIES ACT
S.B.C. 1985, c. 83
AND
IN THE MATTER OF DON GARTH CHOQUER
Agreed Statement of Facts and Undertaking
The following agreement has been reached between Don Garth Choquer and the Executive Director:
1. As a basis for the orders and undertaking referred to below, Don Garth Choquer acknowledges the following facts to be true:
(a) Don Garth Choquer ("Choquer") was the President and beneficial owner of International Venture Capital Management Ltd. ("IVCM") during the material time being August 1988 to September 1990 (the "Material Time").
(c) 306285 B.C. Ltd. ("306") is a private company beneficially owned and controlled by Robert Moore. 306 was incorporated under the Company Act in 1986.
(f) During the Material Time, IVCM provided management services directly or indirectly to Moore and 306.
2. Choquer consents to an order by the Executive Director (the "Order") that:
(a) under section 144(1)(a) of the Act, he comply with section 42 of the Act;
(i) the date Choquer satisfies his obligation referred to in paragraph 3 below, including any accrued interest; and
(c) under section 144(1)(d) of the Act, that he is prohibited from becoming or acting as a director or officer of any reporting issuer or any issuer that provides management, consulting or administrative services to a reporting issuer for a period ending on the latter of:
3. Choquer undertakes to pay the British Columbia Securities Commission (the “Commission”) the sum of $50,000 on or before March 1, 1997 on the terms set out in a promissory note executed by Choquer in favour of the Commission.
4. Choquer waives any right he may have, under the Act or otherwise to a hearing, hearing in review, judicial review or appeal related to, in connection with or incidental to this agreement or the related Order.
DATED at Vancouver, British Columbia, on February 27, 1997.
)
Witness )
)
Herman Van Ommen )
Witness Name (Please print) ) Don Garth Choquer
McCarthy Tetrault )
1300 - 777 Dunsmuir Street )
Vancouver, BC V7Y 1K2 )
Address )
DATED at Vancouver, British Columbia, on March 13, 1997.
Paul C. Bourque
Executive Director