IN THE MATTER OF: THE SECURITIES ACT
-and-
IN THE MATTER OF: OPTIONSXPRESS, INC.
NOTICE OF HEARING
TAKE NOTICE that The Manitoba Securities Commission
("Commission")
will hold a public hearing ("Hearing") at its offices at Room
1130 – 405 Broadway, Winnipeg, Manitoba on Wednesday, the 31st
day of August, 2005 commencing at 2:30 o’clock in the afternoon
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
subsection 19(5) of The Securities Act that a settlement agreement between
staff of the
Commission, staff of certain other provincial securities regulators, the Autorité des
marchés financiers in Quebec, and optionsXpress, Inc. ("Options")
and its affiliate optionsXpress Canada Corp./Corporation optionsXpress Canada
("Options Canada") be approved;
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 a proposed settlement agreement between staff of the Commission,
staff of certain other provincial securities regulators, the Autorité des
marchés financiers, and Options and Options Canada dated August 11,
2005.
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 1130 – 405 Broadway, 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, 2005.
Director, Legal and Enforcement
TO: | Cassels Brock & Blackwell LLP |
Peter A. Dunne Christine L. Vogelesang Counsel for optionsXpress, Inc. |