An order that is made regarding a licence holder reflects a situation at a particular point in time. The status of a licence holder can change. Readers should check the current status of a person’s or entity’s licence on the Licensing Link section of FSRA’s website. Readers may also wish to contact the person or entity directly to get additional information or clarification about the events that resulted in the order.
IN THE MATTER OF the Loan and Trust Corporations Act, R.S.O. 1990, c. L.25, as amended (the “Act”), in particular sections 192 and 213;
AND IN THE MATTER OF
Mark Dennis Carter (“Carter”), Earthink Incorporated (“Earthink”), and Earthink GmbH (“Earthink Germany”).
Earthink is an Ontario corporation (Ontario Corporation Number 2409459). Carter is the President of Earthink and the sole director, officer and shareholder.
Earthink Germany is a limited liability company registered in Germany. Carter is the President and sole shareholder of the company.
Neither Carter, Earthink, nor Earthink Germany (collectively the "Unregistered Entities") are registered under the Act.
Pursuant to section 192(1) of the Act, the Executive Vice President, Legal and Enforcement ("EVP"), by delegated authority from the Chief Executive Officer of the Financial Services Regulatory Authority of Ontario ( "FSRA"), provided a notice to the Unregistered Entities of his intention to make a compliance order. The Unregistered Entities acknowledge receiving the notice required under section 192(1) of the Act and waive their right to a hearing under section 192(2) of the Act.
This order is made pursuant to a settlement entered into by Carter, Earthink, Earthink Germany and the EVP.
It is hereby ordered that Mark Dennis Carter, Earthlink Canada, and Earthlink Germany:
- immediately cease the unregistered business of a loan corporation in Ontario, contrary to section 213(1) of the Act, and provide FSRA with written confirmation that they have done so;
- not, directly, or indirectly, extend or renew any existing loans made to Earthink Canada, Earthink Germany or any of the projects funded by Earthink Canada or Earthink Germany;
- within 30 days of the execution of the settlement, provide the following information, in writing to all lenders in Earthink and Earthink Germany:
- the original amount of their loan and the date upon which the loan was made:
- the term of the original loan and any extensions and confirmation that none of the Unregistered Entities may enter into any further loans or loan extensions;
- the current due date of the loan;
- interest due on the loan;
- any payments made on the loan;
- the amount of the loan and any interest payments outstanding;
- an ETA on when the loan will be repaid and when interest will be paid;
- that the Unregistered Entities were subject to a FSRA investigation, that Earthink Canada and Earthink Germany were found to not be registered loan corporations in Ontario, that Carter was found to have solicited on behalf of Earthink Canada and Earthink Germany, and enclosing a link to the FSRA Order and Settlement.
- provide FSRA with a copy of all communications (to lenders identified by FSRA) within 5 days of the communication being made; and
- Provide FSRA with such further information as it may request arising from the information provided to lenders above
DATED at Toronto, Ontario, January 31, 2023
Original signed by
Executive Vice President, Legal and Enforcement
By delegated authority from the Chief Executive Officer
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