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Post by Franko10 ™ on Dec 14, 2007 10:20:44 GMT -5
THE SECURITIES ACT ) Order No. 5506 ) Section 148 and 19(5) ) October 31, 2007
CMKM DIAMONDS, INC.
WHEREAS:
(A) On November 9, 2004, the Saskatchewan Financial Services Commission, Securities Division ("SFSC") issued an Extending Order ("SFSC Order") against various respondents including CMKM Diamonds, Inc. ("CMKM");
(B) CMKM has consented to the issuance of this Order by The Manitoba Securities Commission ("Commission") and has waived its rights to a full hearing;
(C) The Commission issued a Notice of Hearing ("Notice") giving notice of its intention to hold a hearing to consider whether or not it was in the public interest to grant an order pursuant to sections 148 and 19(5) of The Securities Act ("Act") with respect to CMKM;
(D) The Commission is of the opinion that it is in the public interest to make this order.
IT IS ORDERED:
1. THAT, pursuant to section 148 of the Act, all trading in the securities of CMKM Diamonds, Inc. shall cease forthwith until otherwise so ordered by the Commission.
2. THAT, pursuant to subsection 19(5) of the Act:
(a) subsection 19(1) of the Act does not, with respect to such of the trades referred to in that subsection, apply to CMKM Diamonds, Inc.; and
(b) subsection 19(2) of the Act does not, with respect to such securities referred to in that subsection, apply to CMKM Diamonds, Inc.,
for an indefinite period until otherwise so ordered by the Commission.
BY ORDER OF THE COMMISSION
Director, Legal and Enforcement
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Post by Franko10 ™ on Dec 14, 2007 10:24:56 GMT -5
IN THE MATTER OF: THE SECURITIES ACT
-and-
IN THE MATTER OF: CMKM DIAMONDS, INC. NOTICE OF HEARING
TAKE NOTICE that The Manitoba Securities Commission ("Commission") will hold a public hearing ("Hearing") at its offices at Room 500 - 400 St. Mary Avenue, Winnipeg, Manitoba on Wednesday, the 24th day of October, 2007 commencing at 9:00 o’clock in the forenoon or so soon thereafter as the Hearing can be held, and from day to day thereafter until the Hearing is concluded, to consider:
1. whether or not it is in the public interest to order, pursuant to section 148 of The Securities Act, R.S.M. 1988, c. S50 as amended ("Act"), that CMKM Diamonds, Inc. ("CMKM") be cease traded;
2. whether or not it is in the public interest to order, pursuant to subsection 19(5) of the Act, that:
(a) subsection 19(1) of the Act does not, with respect to such of the trades referred to in that subsection, apply to CMKM;
(b) subsection 19(2) of the Act does not, with respect to such of the securities referred to in that section, apply to CMKM;
2. such further and other matters and the making of such further and other orders as the Commission may deem appropriate.
BY REASON OF THE FOLLOWING ALLEGATIONS:
By reason of an Order issued by the Saskatchewan Financial Services Commission dated November 9, 2004, to be filed, and such other material as staff counsel may advise and the panel may allow.
AND FURTHER TAKE NOTICE that a person or company attending or submitting evidence at the Hearing may be represented by counsel of its choice.
AND FURTHER TAKE NOTICE that any party to the proceedings may, at the Hearing, call witnesses and submit such evidence relevant to the Hearing as it may wish and, for that purpose, it may obtain from the Director of the Commission at Room 500 – 400 St. Mary Avenue, Winnipeg, Manitoba, a form or forms of summons to compel the attendance of witnesses.
AND FURTHER TAKE NOTICE that upon failure of any party to attend at the time and place aforesaid, the Hearing may proceed in that party’s absence and the Commission may make or give any decision or order as though that party were present.
DATED at Winnipeg, Manitoba this 17th day of August, 2007.
Director, Legal and Enforcement
TO: CMKM DIAMONDS, INC.
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