Cabot Creek Mineral Corporation - s. 144
Headnote
Section 144 - application for revocation of cease trade order - issuer subject to cease trade order as a result of its failure to file with the Commission annual and interim financial statements - issuer has brought filings up to date - full revocation granted.
Applicable Ontario Statutory Provisions
Securities Act, R.S.O. 1990, c. S.5, as am., ss. 127, 144.
IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, CHAPTER S.5,
AS AMENDED (the Act)
AND
IN THE MATTER OF
CABOT CREEK MINERAL CORPORATION
(the Corporation)
ORDER
(Section 144)
WHEREAS the securities of the Corporation are subject to a temporary order of the Ontario Securities Commission (the Commission) dated June 5, 2001 and extended by an order of the Commission dated June 15, 2001 made under section 127 of the Act (collectively referred to as the Cease Trade Order) directing that trading in the securities of the Corporation cease until it is revoked by a further order of revocation.
AND WHEREAS the Corporation has applied to the Commission pursuant to section 144 of the Act (the Application) for a revocation of the Cease Trade Order.
AND UPON the Corporation having represented to the Commission as follows:
1. The Corporation was incorporated on November 2, 1994 pursuant to the Business Corporations Act (Ontario).
2. The Corporation is a reporting issuer under the Act and is not a reporting issuer or equivalent under the securities legislation of any other jurisdiction in Canada.
3. The authorized share capital of the Corporation consists of an unlimited number of Common Shares, of which 2,700,000 Common Shares are issued and outstanding.
4. The Corporation has been inactive since 1997 and owns no material assets. As at September 30, 2005 (unaudited), the Corporation had liabilities of $119,322.
5. The Cease Trade Order was issued as a result of the Corporation's failure to file its audited annual financial statements for the fiscal year ended December 31, 2000 and unaudited interim financial statements for the three-month period ended March 31, 2001. The statements were not filed due to the death of a director who maintained the Corporation's financial records and was responsible for the preparation of its financial statements. Subsequently, the Corporation failed to file all required interim and annual financial statements when due and, where required, related management discussion and analysis and CEO and CFO certificates.
6. The Corporation has filed on SEDAR its audited financial statements for the fiscal years ended December 31, 2000, December 31, 2001, December 31, 2002, December 31, 2003 and December 31, 2004, and its unaudited interim financial statements for the three-month period ended March 31, 2005, the six-month period ended June 30, 2005 and the nine-month period ended September 30, 2005 together with, where required, related management discussion and analysis and CEO and CFO certificates (collectively, the Continuous Disclosure Documents).
7. The Corporation has now brought its continuous disclosure filings up-to-date.
8. The Corporation intends to hold an annual meeting of shareholders on or prior to June 30, 2006.
9. The Common Shares of the Corporation are not listed or quoted on any exchange or market in Canada or elsewhere.
10. Other than its Common Shares, the Corporation has no securities, including debt securities, outstanding.
11. Other than:
(a) the Cease Trade Order;
(b) the Corporation's failure to file the Continuous Disclosure Documents when due; and
(c) the Corporation's failure to file unaudited interim financial statements for the three-month periods ended March 31, 2001, 2002, 2003 and 2004, the six month periods ended June 30, 2001, 2002, 2003 and 2004 and the nine-month periods ended September 30, 2001, 2002, 2003 and 2004, which the Corporation believes would not provide any additional useful information concerning the present or future operations or financial circumstances of the Corporation as the Corporation was inactive during all periods covered by such statements,
the Corporation is not in default of any requirements of the Act or the rules or regulations thereunder.
AND UPON considering the application and the recommendation of the staff of the Commission.
AND UPON the Commission being satisfied that to do so would not be prejudicial to the public interest.
IT IS ORDERED, pursuant to section 144 of the Act, that the Cease Trade Order be revoked.
DATED December 30, 2005.