| THE SECURITIES ACT | ) |
Order No. 6128 |
) |
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| Sections 148, 19(5), and 148.3 | ) |
May 19, 2010 |
SEA SUN CAPITAL CORPORATION and RODNEY KOCH
WHEREAS:
(A) On August 13, 2009, the Alberta Securities Commission ("ASC") issued a decision ("ASC Decision") against SEA SUN CAPITAL CORPORATION, Rodney Koch ("KOCH"), and Graham Millington ("MILLINGTON");
(B) On February 22, 2010, The Manitoba Securities Commission ("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 orders pursuant to The Securities Act, R.S.M. 1988, c. S50 as amended ("Act") with respect to SEA SUN CAPITAL CORPORATION, KOCH, and MILLINGTON (collectively, "Respondents");
(C) On March 31, 2010 and on April 21, 2010, this matter came before a panel of the Commission and was adjourned for service upon the respondents to May 19, 2010 at 9:00 a.m.;
(D) On April 22, 2010, Order No. 6114 issued adjourning the matter to May 19, 2010 at 9:00 a.m. and providing for substitutional service upon the respondents;
(E) On May 19, 2010, the hearing as against the Respondents including SEA SUN CAPITAL CORPORATION and KOCH proceeded before a panel of the Commission;
(F) Upon reviewing the documentary evidence and hearing the submissions of counsel for staff of the Commission, no one appearing for SEA SUN CAPITAL CORPORATION or KOCH, and upon reviewing the Affidavits of Substitional Service, filed, and being satisfied as to service upon the Respondents, 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 securities by and of SEA SUN CAPITAL CORPORATION cease permanently.
2. THAT, pursuant to section 148 of the Act, KOCH cease trading in securities and furthermore pursuant to subsection 19(5) of the Act, subsection 19(1) of the Act, with respect to such of the trades referred to in that subsection, and subsection 19(2) of the Act, with respect to such of the securities referred to in that subsection, do not apply to KOCH until August 13, 2034.
3. THAT, pursuant to section 148.3 of the Act, KOCH resign any position he holds as and be prohibited from becoming or acting as a director or officer or both of any issuer until August 13, 2034.
BY ORDER OF THE COMMISSION
Director, Legal and Enforcement