Proceedings

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IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED

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IN THE MATTER OF
NEW FUTURES TRADING INTERNATIONAL CORPORATION
and FERNANDO HONORATE FAGUNDES also known as HENRY ROCHE

NOTICE OF HEARING
Subsections 127(1) and 127(10)



    TAKE NOTICE THAT the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) at the offices of the Commission located at 20 Queen Street West, 17th Floor, commencing on April 3, 2013 at 3:00 p.m., or as soon thereafter as the hearing can be held:

    TO CONSIDER whether, pursuant to paragraphs 1, 2 and/or 3 of subsection 127(10), it is in the public interest for the Commission to make an order:

  1. pursuant to paragraph 2 of subsection 127(1) of the Act that trading in any securities or derivatives by New Futures Trading International Corporation (“New Futures”) and Fernando Honorate Fagundes also known as Henry Roche (“Fagundes”) (together, the “Respondents”) cease permanently;
  2. pursuant to paragraph 2 of subsection 127(1) of the Act that trading in any securities of the Respondents cease permanently;
  3. pursuant to paragraph 2.1 of subsection 127(1) of the Act that the acquisition of any securities by the Respondents is prohibited permanently;
  4. pursuant to paragraph 3 of subsection 127(1) of the Act that any exemptions contained in Ontario securities law do not apply to the Respondents permanently;
  5. pursuant to paragraphs 7, 8.1 and 8.3 of subsection 127(1) of the Act that Fagundes resign all positions that he holds as a director or officer of any issuer, registrant, or investment fund manager;
  6. pursuant to paragraphs 8, 8.2 and 8.4 of subsection 127(1) of the Act that Fagundes be prohibited from becoming or acting as a director or officer of any issuer, registrant, or investment fund manager;
  7. pursuant to paragraph 8.5 of subsection 127(1) of the Act that Fagundes be prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter; and
  8. such further order as the Commission considers appropriate in the public interest.

    BY REASON OF the allegations as set out in the Statement of Allegations of Staff of the Commission dated March 18, 2013 and such additional allegations as counsel may advise and the Commission may permit;

    AND TAKE FURTHER NOTICE that any party to the proceedings may be represented by counsel at the hearing;

    AND TAKE FURTHER NOTICE that upon failure of any party to attend at the time and place aforesaid, the hearing may proceed in the absence of that party and such party is not entitled to any further notice of the proceedings.

DATED at Toronto this 18th day of March, 2013.

 

" John Stevenson "
John Stevenson
                     Secretary to the Commission