EMJ Data Systems Ltd. - ss. 1(6) of the OBCA
Headnote
Issuer deemed to have ceased to be offering its securities to the public under the OBCA.
Statute Cited
Business Corporations Act, R.S.O. 1990, c. B.16, as am., s. 1(6).
IN THE MATTER OF
THE BUSINESS CORPORATIONS ACT
R.S.O. 1990, c. B.16, AS AMENDED (THE "OBCA")
AND
IN THE MATTER OF
EMJ DATA SYSTEMS LTD.
ORDER
(Subsection 1(6) of the OBCA)
UPON the application of EMJ Data Systems Ltd. (the Applicant) to the Ontario Securities Commission (the Commission) for an order pursuant to subsection 1(6) of the OBCA that the Applicant be deemed to have ceased to be offering its securities to the public;
AND UPON considering the application and the recommendation of staff of the Commission;
AND UPON the Applicant having represented to the Commission that:
1. The Applicant is a corporation governed by the laws of the Province of Ontario. Its head office is located in Guelph, Ontario;
2. The Applicant is an "offering corporation" as defined in the OBCA;
3. The outstanding securities of the Applicant, including debt securities, are beneficially owned, directly or indirectly, by less than 15 security holders in each of the jurisdictions in Canada and less than 51 security holders in total in Canada;
4. No securities of the Applicant are traded on a marketplace as defined in National Instrument 21-101 - Marketplace Operation;
5. The Applicant has applied for relief to cease to be a reporting issuer in all of the jurisdictions in Canada in which it is currently a reporting issuer; and
6. The Applicant is not in default of any of its obligations as a reporting issuer under the Securities Act (Ontario) or the rules and regulations made thereunder.
AND UPON the Commission being satisfied that to do so would not be prejudicial to the public interest;
IT IS HEREBY ORDERED, pursuant to subsection 1(6) of the OBCA, that the Applicant is deemed to have ceased to be offering its securities to the public for the purposes of the OBCA.
March 24, 2005.
"Paul M. Moore"
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"Wendell S. Wigle"
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