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THE SECURITIES ACT |
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Order No. 7442 |
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Subsection 19(5), 148.1(1) and 148.2(3) |
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October 4, 2017 |
POWER WITHIN INC. and SALIM KHOJA
WHEREAS:
(A) On January 12, 2017, staff of The Manitoba Securities Commission (“Commission”) issued a Notice of Hearing (“Notice”) giving notice of its intention to hold a hearing to consider, inter alia, whether or not it was in the public interest to grant an order pursuant to subsections 19(5), 148.1(1) and 148.2(3) of The Securities Act (“Act”) with respect to Power Within Inc. (“Power Within”) and Salim Khoja (“Khoja”);
(B) After reading the Notice and Statement of Allegations of staff, noting service having been effected on Power Within and Khoja, Power Within and Khoja having failed to appear at the hearing and upon reviewing the evidence and submissions of staff, it is the opinion of the Commission it is in the public interest to this make this order.
1. THAT, pursuant to subsection 19(5) of the Act:
(a) subsection 19(1) of the Act does not, with respect to such of the trades referred to in that that subsection, apply to Power Within and Khoja, and;
(b) subsection 19(2) of the Act does not, with respect to such securities referred to in that subsection, apply to Power Within and Khoja.
2. THAT, pursuant to subsection 148.1(1) of the Act Power Within and Khoja pay an administrative penalty of $59,000.00.
3. THAT, immediately pursuant to subsection 148.2(3) of the Act, Power Within and Khoja jointly and severally pay the sum of $59,000.00 to Jenny Hernaez.
4. THAT Power Within and Khoja immediately, jointly and severally pay to the Commission costs in the amount of $10,300.00.
BY ORDER OF THE COMMISSION
Director