Settlements

ROB SINCLAIRE [Agreed Stmt]

BCSECCOM #:
Document Type:
Agreed Stmt
Published Date:
1997-04-18
Effective Date:
1997-04-15
Details:


IN THE MATTER OF THE SECURITIES ACT
S.B.C. 1985, c. 83

AND

IN THE MATTER OF ROB SINCLAIRE


Agreed Statement of Facts and Undertaking


The following agreement has been reached between Rob Sinclaire (“Sinclaire”) and the Executive Director:

1. As the basis for the undertakings referred to in paragraphs 2 and 3 of this agreement, Sinclaire acknowledges the following facts as correct:
      (a) Sinclaire has been registered in various categories under section 20 of the Securities Act, S.B.C. 1985, c.83 (the “Act”) since March 3, 1988;

      (b) Sinclaire was registered as a securities salesman with Vantage Securities Inc. from December 1, 1993 to October 21, 1994;

      (c) At various times while registered with Vantage, Sinclaire held seminars where he described and promoted an investment opportunity involving Cana Teca Phase I Limited Partnership (“Cana Teca”), which was an exempt securities offering;

      (d) Sinclaire provided business cards during the seminars which referred to his association with Cana Teca but did not disclose his registration with Vantage, contrary to Section 38 of the Act;

      (e) On October 7, 1994, Sinclaire provided an undertaking to the British Columbia Securities Commission (the “Commission”), in which, among other things, he undertook to “comply with the Securities Act, S.B.C 1985, c. 83, the Securities Regulation Reg. B.C. 270/86 and applicable Local Policy Statements”;

      (f) Sinclaire was registered as a mutual fund salesperson with Shasta Management Ltd. (which changed its name to Independent Wealth Management Inc. on December 20, 1996) from August 31, 1995 to
      April 1, 1996;

      (g) Sinclaire was registered with Royal Advent Securities Corporation as a registered representative from April 12, 1996 to January 23, 1997;

      (h) In October 1996, while Sinclaire was registered with Royal Advent, he sent a two-page mailout and a business card to some persons on his mailing list (the “Mailout”);

      (i) The Mailout made reference to his registration with Shasta which was no longer in effect, contrary to section 37 of the Act;

      (j) The Mailout did not direct the reader to consult the relevant offering circulars for pertinant facts, contrary to Local Policy Statement 3-39 (“LPS 3-39”); and

      (k) Sinclaire breached his October 7, 1994 undertaking to the Commission when he violated section 37 of the Act, and failed to comply with LPS 3-39.
2. Sinclaire undertakes to be subject to strict supervision, by a Compliance Officer of any registrant that he is employed by, for a period of six months from the date of his registration.

3. Sinclaire undertakes to pay the Commission the sum of $1,500.00.

4. Sinclaire waives any right he may have, under the Act or otherwise, to a hearing, hearing and review, juridical review or appeal related to, in connection with or incidental to this agreement.

DATED at Vancouver, British Columbia, on April 15, 1997.



__________________________)
Witness Signature)
Brett Reiter_________________)_______________________
Witness Name)Rob Sinclaire
Vancouver__________________)
Address)
Records Supervisor___________)
Occupation)

DATED at Vancouver, British Columbia, on April 15, 1997.





Paul C. Bourque
Executive Director
©2024 British Columbia Securities Commission