In the Matter of CMKM Diamonds, Inc., a/k/a Casavant Mining Kimberlite International, Inc.; Order of Suspension of Trading, 11036 [05-4446]

Download as PDF 11036 Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94–409, that the Securities and Exchange Commission will hold the following meeting during the week of March 7, 2005: A closed meeting will be held on Wednesday, March 9, 2005, at 4 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(5), (7), (9)(B), and (10) and 17 CFR 200.402(a)(5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the closed meeting. Commissioner Atkins, as duty officer, voted to consider the items listed for the closed meeting in closed session. The subject matter of the closed meeting scheduled for Wednesday, March 9, 2005, will be: Institution and settlement of injunctive actions; and Institution and settlement of administrative proceedings of an enforcement nature. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 942–7070. Dated: March 2, 2005. Margaret H. McFarland, Deputy Secretary. [FR Doc. 05–4393 Filed 3–2–05; 4:21 pm] [File No. 500–1] In the Matter of CMKM Diamonds, Inc., a/k/a Casavant Mining Kimberlite International, Inc.; Order of Suspension of Trading March 3, 2005. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of CMKM Jkt 205001 BILLING CODE 8010–01–P Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the National Association of Securities Dealers, Inc. Clarifying Members’ Obligations To Report Cancelled Trades February 28, 2005. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 PO 00000 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00102 Fmt 4703 notice is hereby given that on February 14, 2005, the National Association of Securities Dealers, Inc. (‘‘NASD’’), through its subsidiary, The Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by Nasdaq. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change Regarding Reporting of Cancelled Trades Nasdaq proposes to clarify members’ obligations to report the cancellation of trades previously submitted to the Nasdaq Market Center. Pursuant to Section 19(b)(3)(A)(i) of the Act 3 and Rule 19b–4(f)(6) 4 thereunder, Nasdaq has designated this proposal as effecting a change that does not significantly affect the protection of investors or the public interest, and does not impose any significant burden on competition. Nasdaq is proposing to make the change operative 60 days after the date of filing. Nasdaq has provided the Commission the pre-filing notification as required by subparagraph (iii) of Rule 19b–4(f)(6). The text of the proposed rule change is below. Proposed new language is italicized; proposed deletions are in brackets.5 * * * * * 4630. Reporting Transactions in Nasdaq National Market Securities * * * * * 4632. Transaction Reporting * * * * * (g) Reporting Cancelled Trades [Release No. 34–51278; File No. SR–NASD– 2005–027] SECURITIES AND EXCHANGE COMMISSION 18:15 Mar 04, 2005 By the Commission. Jonathan G. Katz, Secretary. [FR Doc. 05–4446 Filed 3–3–05; 11:54 am] SECURITIES AND EXCHANGE COMMISSION BILLING CODE 8010–01–P VerDate jul<14>2003 Diamonds, Inc. (‘‘CMKM Diamonds’’) (Pink Sheets symbol ‘‘CMKX’’), a Nevada corporation also known as Casavant Mining Kimberlite International, Inc. Questions have been raised about the adequacy of publicly available information concerning, among other things, CMKM Diamonds’ assets and liabilities, mining and other business activities, share structure and stock issuances, and corporate management. Since the fiscal year ending December 31, 2002, CMKM Diamonds has been delinquent in its periodic filing obligations under Section 13(a) of the Securities Exchange Act of 1934. The Commission is concerned that CMKM Diamonds may have unjustifiably relied on a Form S–8 to issue unrestricted securities. The Commission is also concerned that CMKM Diamonds and/or certain of its shareholders may have unjustifiably relied on Rule 144(k) of the Securities Act of 1933 (‘‘Securities Act’’) in conducting an unlawful distribution of its securities that failed to comply with the resale restrictions of Rules 144 and 145 of the Securities Act. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed company. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the above listed company is suspended for the period from 9:30 a.m. E.S.T., March 3, 2005, through 11:59 p.m. E.S.T., on March 16, 2005. Sfmt 4703 (1) Obligation and Party Responsible for Reporting Cancelled Trades With the exception of trades cancelled by Nasdaq staff in accordance with Rule 11890, members shall report to the Nasdaq Market Center the cancellation of any trade previously submitted to the Nasdaq Market Center. The member responsible under Rule 5430(b) for submitting the original trade report shall submit the cancellation report in accordance with the procedures set forth in paragraph (g)(2). For trades executed through a Nasdaq system that automatically reports trades to the 3 15 U.S.C. 78s(b)(3)(A)(i). CFR 240.19b–4(f)(6). 5 The proposed rule change is marked to show changes from the rule as it appears in the electronic NASD Manual available at https://www.nasd.com. 4 17 E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Notices]
[Page 11036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4446]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]


In the Matter of CMKM Diamonds, Inc., a/k/a Casavant Mining 
Kimberlite International, Inc.; Order of Suspension of Trading

March 3, 2005.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
CMKM Diamonds, Inc. (``CMKM Diamonds'') (Pink Sheets symbol ``CMKX''), 
a Nevada corporation also known as Casavant Mining Kimberlite 
International, Inc. Questions have been raised about the adequacy of 
publicly available information concerning, among other things, CMKM 
Diamonds' assets and liabilities, mining and other business activities, 
share structure and stock issuances, and corporate management. Since 
the fiscal year ending December 31, 2002, CMKM Diamonds has been 
delinquent in its periodic filing obligations under Section 13(a) of 
the Securities Exchange Act of 1934. The Commission is concerned that 
CMKM Diamonds may have unjustifiably relied on a Form S-8 to issue 
unrestricted securities. The Commission is also concerned that CMKM 
Diamonds and/or certain of its shareholders may have unjustifiably 
relied on Rule 144(k) of the Securities Act of 1933 (``Securities 
Act'') in conducting an unlawful distribution of its securities that 
failed to comply with the resale restrictions of Rules 144 and 145 of 
the Securities Act.
    The Commission is of the opinion that the public interest and the 
protection of investors require a suspension of trading in the 
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the 
Securities Exchange Act of 1934, that trading in the above listed 
company is suspended for the period from 9:30 a.m. E.S.T., March 3, 
2005, through 11:59 p.m. E.S.T., on March 16, 2005.

    By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. 05-4446 Filed 3-3-05; 11:54 am]
BILLING CODE 8010-01-P
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