REGARDING the Mortgage Brokerages, Lenders and Administrators Act, 2006, S.O. 2006, c.29 (the “Act”), in particular section 19;
AND REGARDING Money Gate Corp, Morteza Katebian and Payam Katebian.
TO: Money Gate Corp.
AND TO: Morteza Katebian
AND TO: Payam Katebian
On December 13, 2018, the Superintendent of Financial Services (“Superintendent”) issued an Interim Order Suspending Licences (the “Interim Order”) against Money Gate Corp., Morteza Katebian and Payam Katebian pursuant to subsection 19(3) of the Act.
On the same day, the Superintendent issued a Notice of Proposal to Revoke Licences also against Money Gate Corp., Morteza Katebian and Payam Katebian pursuant to subsection 19(2) of the Act.
The Interim Order took effect immediately and remains in effect until the expiry of the period for requesting a hearing in respect of the Superintendent’s Notice of Proposal.
On December 27, 2018, Money Gate Corp., Morteza Katebian and Payam Katebian filed Requests for Hearing with the Registrar of the Financial Services Tribunal (“Tribunal”) in respect of the Superintendent’s Notice of Proposal.
Pursuant to subsections 18(6) and 19(4) of the Act, as Money Gate Corp., Morteza Katebian and Payam Katebian have requested hearings before the Tribunal, the Superintendent may extend the Interim Order until the proposal is finally determined.
For the reasons set out in the Interim Order, the Superintendent continues to be of the opinion that the interests of the public may be adversely affected by any delay in the imposition of revocation orders against Money Gate Corp., Morteza Katebian and Payam Katebian.
EXTENSION OF INTERIM SUSPENSION ORDER
IT IS ORDERED THAT pursuant to subsection 18(6) and 19(4) of the Act, the Interim Order dated December 13, 2018 against Money Gate Corp., Morteza Katebian and Payam Katebian is extended until the proposal in the Notice of Proposal dated December 13, 2018 is finally determined.
AND TAKE NOTICE THAT pursuant to subsections 48(4) and 49(1) and (2) of the Act, every person who fails to comply with an order made under this Act is guilty of an offence and every individual convicted of an offence under the Act is liable to a fine of not more than $100,000.00 or imprisonment for a term of not more than a year or both a fine and imprisonment. Every corporation convicted of an offence under the Act is liable to a fine of not more than $200,000.00.
Pursuant to subsection 48(5) of the Act, every director or officer of a corporation that commits an offence under this Act who directed, authorized, assented to, acquiesced in or participated in the commission of the offence, or who failed to take reasonable care to prevent the corporation from committing the offence, is guilty of an offence, whether or not the corporation is prosecuted or convicted.
Subsection 48(6) provides that every partner of a partnership and every individual who is a member of the directing body of an entity, other than a person or partnership, who directed, authorized, assented to, acquiesced in or participated in the commission of an act or omission by the partnership or entity which, if committed by a person, would be an offence under the Act, is guilty of an offence.
Si vous désirez recevoir cet ordre en français, veuillez envoyer votre demande immédiatement à: Adjointe, audiences, Greffe, Commission des services financiers de l’Ontario, 5160 rue Yonge, 14em, Toronto ON M2N 6L9.
DATED at Toronto, Ontario, December 28, 2018.
Original Signed by
Tom Golfetto
Acting Chief Executive Officer and
Superintendent of Financial Services
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