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THE SECURITIES ACT |
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Order No. 6856 |
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Sections 148, 19(5), and 148.3 |
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December 4, 2013 |
AXCESS AUTOMATION LLC, AXCESS FUND MANAGEMENT, LLC,
AXCESS FUND, L.P. and GORDON ALAN DRIVER
WHEREAS:
(A) On March 12, 2013, the Ontario Securities Commission (“OSC”) issued an order against Gordon Alan Driver, Axcess Automation LLC, Axcess Fund Management, LLC and Axcess Fund, L.P. (“OSC Order”);
(B) On September 6, 2013, 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 Gordon Alan Driver (“DRIVER”), Axcess Automation LLC, Axcess Fund Management, LLC and Axcess Fund, L.P.;
(C) On October 23, 2013, this hearing matter came before a panel of the Commission and was adjourned to December 4, 2013 at 9:00 a.m. as to the four respondents named above;
(D) Upon reviewing the documentary evidence and hearing the submissions of counsel for staff of the Commission, no one appearing for the respondents, and upon reviewing the Affidavits, 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, DRIVER, Axcess Automation LLC, Axcess Fund Management, LLC and Axcess Fund, L.P. cease trading in securities permanently.
2. THAT, 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 DRIVER, Axcess Automation LLC, Axcess Fund Management, LLC and Axcess Fund, L.P. permanently.
3. THAT, pursuant to section 148.3 of the Act, DRIVER resign any positions that he holds as a director or officer of an issuer and be prohibited permanently from becoming or acting as a director or officer of any issuer.
BY ORDER OF THE COMMISSION
Director