Order: In the Matter of Saxon Financial Services et al.
IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF
SAXON FINANCIAL SERVICES, SAXON CONSULTANTS LTD., INTERNATIONAL MONETARY SERVICES, FXBRIDGE TECHNOLOGY, MEISNER CORPORATION, MERCHANT CAPITAL MARKETS, S.A., MERCHANT CAPITAL MARKETS, MERCHANTMARX, SIMON BACHUS, JOSEPH CUNNINGHAM, RICHARD CLIFFORD, RYAN CASON, JOHN HALL, DONNY HILL, JEREMY JONES, MARK KAUFMANN, CONRAD PRAAMSMA, JUSTIN PRAAMSMA, SCOTT SANDERS, JACK SINNI, MARC THIBAULT, SEAN WILSON and TODD YOUNG
ORDER
Section 127(8)
WHEREAS on July 26, 2007, the Ontario Securities Commission (the “Commission”) ordered pursuant to clause 2 of subsection 127(1) of the Securities Act, R.S.O. 1990, c.S.5, as amended (the “Act”) that the Respondents, their officers, directors, employees and/or agents cease trading in all securities immediately (the “Temporary Order”);
AND WHEREAS the Commission further ordered that pursuant to subsection 127(6) of the Act the Temporary Order shall take effect immediately and shall expire on the fifteenth day after its making unless extended by the Commission.;
AND WHEREAS pursuant to subsections 127(1) and 127(8) of the Act, a hearing was scheduled for August 9, 2007 (the “Hearing”);
AND WHEREAS on August 9, 2007, the Respondents fxBridge Technology, International Monetary Services, Simon Bachus and Joseph Cunningham requested an adjournment of this matter;
AND WHEREAS the Respondents fxBridge Technology, International Monetary Services, Simon Bachus and Joseph Cunningham have agreed to extend the Temporary Order during the period of the adjournment;
AND WHEREAS by Commission order made April 4, 2007 pursuant to section 3.5(3) of the Act, any one of W. David Wilson, James E.A. Turner, Lawrence E. Ritchie, Robert L. Shirriff, Harold P. Hands, Paul K. Bates and David L. Knight, acting alone, is authorized to make orders under section 127 of the Act;
IT IS ORDERED pursuant to subsection 127(8) of the Act that:
- the Hearing is adjourned to October 10, 2007 at 10 a.m., or as soon thereafter as the hearing can be held; and
- the Temporary Order be extended during the period of the adjournment, subject to the following:
- Bachus and Cunningham are permitted to trade in securities for their own accounts or for the account of a registered retirement savings plan or registered retirement income fund (as defined in the Income Tax Act (Canada)) in which they have sole legal and beneficial ownership and interest, provided that:
- the securities are listed and posted for trading on a prescribed stock exchange (as defined in Regulation 3200 to the Income Tax Act (Canada)) or are issued by a mutual fund which is a reporting issuer;
- in the case of securities listed and posted for trading on a prescribed stock exchange (as defined in Regulation 3200 to the Income Tax Act (Canada)), Bachus and Cunningham do not own legally or beneficially more than one per cent of the outstanding securities of the class or series of the class in question; and
- Bachus and Cunningham must carry out permitted trading through a registered dealer and through accounts opened in their name only and must close any accounts in Ontario in which they have any legal or beneficial ownership or interest that were not opened in their name only.
- Bachus and Cunningham are permitted to trade in securities for their own accounts or for the account of a registered retirement savings plan or registered retirement income fund (as defined in the Income Tax Act (Canada)) in which they have sole legal and beneficial ownership and interest, provided that:
“James E. A. Turner”
James E. A. Turner