Settlements
Donald Brian Gordon-Carmichael [Agreed Statement]
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BCSECCOM #:
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Document Type:
Agreed Statement
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Published Date:
1991-06-14
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Effective Date:
1991-06-10
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Details:
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Donald Brian Gordon-Carmichael (Re)
IN THE MATTER OF The Securities Act, S.B.C. 1985, c. 83
AND IN THE MATTER OF Donald Brian Gordon-Carmichael
AND IN THE MATTER OF Donald Brian Gordon-Carmichael
Agreed Statement of Facts and Undertaking
W.D. Nesmith
June 10, 1991
Agreed Statement of Facts and Undertaking:-- The following agreement has been reached between Donald Brian Gordon-Carmichael ("Carmichael") and the Superintendent of Brokers:
| 1. |  | As the basis for the undertaking referred to in this agreement Carmichael acknowledges the following facts as correct: | |
| (a) | | Carmichael is currently registered under the Securities Act, S.B.C. 1985, c. 83 (the "Act"), as a mutual fund salesman; | |
| (b) | | in July 1989, Carmichael was registered under the Act as a mutual fund salesman and was employed by Great Pacific Management Co. Ltd.; | |
| (c) | | in July 1989, Robert Plain, Kurt Rudzewski and Robert Winter (the "Investors") were friends and clients of Carmichael; | |
| (d) | | Antal Gyula (Tony) Markus ("Markus") was an acquaintance of Carmichael; | |
| (e) | | in late July 1989, Carmichael met with each of the Investors and provided each of them with advice with respect to the purchase of shares of Hi-Tech Ventures Inc. ("Hi-Tech") and City Resources (Canada) Limited ("City"), both of which are reporting issuers whose shares are listed and posted for trading on the Vancouver Stock Exchange; | |
| (f) | | at the request of Carmichael, the Investors each wrote a cheque payable to Markus in the amount of $11,000, the proceeds of which were to be used to purchase shares of Hi-Tech and/or City; | |
| (g) | | Carmichael delivered to Markus the three cheques written by the Investors; | |
| (h) | | subsequently, the three Investors did not receive the shares that they purchased nor did they recover their money; and | |
| (i) | | by providing investment advice to the three Investors, Carmichael acted as an adviser without the benefit of registration as an adviser or as a partner, director or officer of a registered adviser in contravention of the requirements of section 20 of the Act. | |
| 2. | | Carmichael waives any requirements of a hearing under section 144(1) of the Act and any right he may have to a hearing and review under section 147(3) of the Act. | |
| 3. | | Carmichael acknowledges that he breached the requirements of section 20 of the Act and hereby undertakes to obtain legal or other professional advice as necessary to ensure compliance with the requirements of the Act and Securities Regulation. | |
| 4. | | Carmichael agrees to pay the sum of $5,000.00 to the Minister of Finance and Corporate Relations of the Province of British Columbia. | |
Superintendent of Brokers