Wellington Global Holdings, Ltd. and Wellington Hedge Management LLC - s. 78(1) of the CFA

Variation Notice

IN THE MATTER OF

THE COMMODITY FUTURES ACT,

R.S.O. 1990, CHAPTER C. 20, AS AMENDED

(the CFA)

AND

IN THE MATTER OF

WELLINGTON GLOBAL HOLDINGS, LTD. AND

WELLINGTON HEDGE MANAGEMENT LLC

AND

IN THE MATTER OF

THE ASSIGNMENT OF CERTAIN POWERS

AND DUTIES OF THE

ONTARIO SECURITIES COMMISSION

 

VARIATION NOTICE

(Subsection 78(1) of the CFA)

WHEREAS by an order (the Prior Order) dated March 11, 2008, In The Matter of Wellington Global Holdings, Ltd., the Commission ordered, pursuant to section 80 of the CFA, that Wellington Global Holdings, Ltd. (the Named Applicant) on behalf of certain affiliates of the Named Applicant (each, an Affiliate, and together with the Named Applicant, the Applicants) that provide notice (the Notice) to the Director as referred to in the Prior Order, that the Applicants are exempted from the registration requirements in paragraph 22(1)(b) of the CFA in respect of acting as an adviser in connection with any one or more Funds (as defined in the Prior Order), subject to certain terms and conditions;

AND WHEREAS in the Prior Order, pursuant to subsection 3.1(1) of the CFA, the Commission also assigned to each Director, acting individually, the powers and duties vested in the Commission under subsection 78(1) of the CFA, to vary the Prior Order by specifically naming any Affiliate of the Named Applicant as an Applicant to the Prior Order (the Assignment), following the filing of a notice (the Notice) containing the information specified in the Prior Order;

AND WHEREAS on June 2, 2008, Wellington Hedge Management LLC (the Identified Affiliate) provided the Commission with a Notice, as described in the Prior Order, that the Identified Affiliate, whose name does not specifically appear in the Prior Order, wishes to rely on the exemption granted under the Prior Order and has applied to have the Prior Order varied to specifically name the Identified Affiliate as an Applicant to the Order;

AND UPON being satisfied that to do so would not be prejudicial to the public interest, on July 11, 2008 the Director provided the Identified Affiliate with a Director's Consent in the form of Part B to Schedule A of the Prior Order.

NOW THEREFORE, this will confirm that, pursuant to the Assignment, effective July 11, 2008, the Director varied the Prior Order to specifically name the Identified Affiliate as an Applicant for the purposes of the Order and that the Order is varied accordingly.