|
THE SECURITIES ACT |
) |
Order No. 7382 |
|
|
) |
|
|
Sections 144(1)(c), 148, 19(5), 148.3, and 8 |
) |
September 14, 2016 |
ANDREI MIGUEL POSTRADO
WHEREAS:
(A) On June 8, 2016, the Ontario Securities Commission (“OSC”) issued an order against Andrei Miguel Postrado (“OSC Order”);
(B) On July 25, 2016, The Manitoba Securities Commission (“Commission”) issued a Notice of Hearing (“Notice”) giving notice of its intention to hold a hearing pursuant to section 148.4 of The Securities Act, R.S.M. 1988, c. S50 as amended (“Act”) to consider whether or not it was in the public interest to grant orders with respect to Andrei Miguel Postrado (“POSTRADO”);
(C) On September 14, 2016, this hearing matter came before a panel of the Commission;
(D) Upon reviewing the documentary evidence and hearing the submissions of counsel for staff of the Commission, no one appearing for the respondent, and upon reviewing the Affidavits of Service, filed, and being satisfied as to service upon the respondent, 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 144(1)(c) of the Act, the method of service of the Notice of Hearing upon the respondent be by delivery and/or regular mail and, furthermore, the delivery already made to the address of 1B 869 Millwood Road, Toronto Ontario, M4G 1W7 be and is hereby validated as constituting service upon the respondent.
2. THAT, pursuant to section 144(1)(c) of the Act, notice of this order to the respondent is sufficient if a copy is sent to the respondent by regular mail or delivery to the address shown in paragraph one above.
3. THAT, pursuant to section 148 of the Act, POSTRADO cease trading in any securities up to and including June 8, 2023, except that upon the Director having received confirmation that POSTRADO has satisfied subparagraphs (m), (n), and (o) of the OSC Order with payment in full of the administrative penalty, disgorgement, and costs provisions set out therein to the OSC, POSTRADO be permitted to trade in mutual fund, exchange-traded fund or index fund securities for the account of any registered retirement savings plans, tax-free savings accounts and self-directed retirement savings plans as defined in the Income Tax Act (Canada) of which the respondent has sole legal and beneficial ownership and such trading is carried out through a registered dealer in Canada to whom he must give a copy of this order at the time he opens or modifies these accounts.
4. 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 POSTRADO up to and including June 8, 2023, except that upon the Director having received confirmation that POSTRADO has satisfied subparagraphs (m), (n) and (o) of the OSC Order with payment in full of the administrative penalty, disgorgement, and costs provisions set out therein to the OSC, POSTRADO be permitted to trade in mutual fund, exchange-traded fund or index fund securities for the account of any registered retirement savings plans, tax-free savings accounts and self-directed retirement savings plans as defined in the Income Tax Act (Canada) of which the respondent has sole legal and beneficial ownership and such trading is carried out through a registered dealer in Canada to whom he must give a copy of this order at the time he opens or modifies these accounts.
5. THAT, pursuant to section 148.3 of the Act, POSTRADO resign any position he holds as a director or as an officer of any issuer and be prohibited from becoming or acting as a director or as an officer of any issuer up to and including June 8, 2023.
6. THAT, pursuant to section 8 of the Act, POSTRADO be prohibited from becoming or acting as a registrant up to and including June 8, 2023.
BY ORDER OF THE COMMISSION
Deputy Director