Common use of JOINT SETTLEMENT RECOMMENDATION Clause in Contracts

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the MFDA: a) between February 2013 and May 2016, the Respondent altered 14 account forms in respect of 12 clients by altering information on the account forms without having the clients initial the alterations, contrary to MFDA Rule 2.1.1; and b) between January 2009 and January 2016, the Respondent obtained, possessed, and used to process transactions, 10 pre-signed account forms in respect of 6 clients, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine in the amount of $14,500 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. 24.1.1.(b) of MFDA By- law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. 24.2 of MFDA By-law No. 1; c) the Respondent shall in the future comply with MFDA Rule 2.1.1; and d) the Respondent will attend in person, on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the MFDA: a) between February 2013 December 2008 and May October 2016, the Respondent altered 14 16 account forms in respect of 12 14 clients by altering information on the account forms without having the clients initial the alterations, contrary to MFDA Rule 2.1.1; and b) between January 2009 May 2010 and January 2016November 2015, the Respondent obtained, possessed, and used to process transactions, 10 4 pre-signed account forms in respect of 6 3 clients, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine in the amount of $14,500 15,000 in certified funds upon acceptance of the Settlement settlement Agreement, pursuant to s. 24.1.1.(b) of MFDA By- By-law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement settlement Agreement, pursuant to s. 24.2 of MFDA By-law No. 1; c) the Respondent shall in the future comply with MFDA Rule 2.1.1; and d) the Respondent will attend in person, on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the MFDA: a) between February 2013 May 2014 and May 2016March 2015, the Respondent altered 14 obtained, possessed, and used to process trades, 5 pre-signed account forms in respect of 12 clients 5 clients, contrary to MFDA Rule 2.1.1; b) between May 2014 and March 2015, the Respondent falsified, and used to process trades, 4 account forms in respect of 2 clients, by altering information on the account forms without having the clients initial the alterations, contrary to MFDA Rule 2.1.1; and bc) between January 2009 and January 2016on November 4, 2014, the Respondent obtained, possessed, and used misled the Member on its annual registration questionnaire when she indicated to process transactions, 10 the Member that she did not control or possess any pre-signed account forms in respect of 6 clientsforms, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine in the amount of $14,500 in certified funds upon acceptance of the Settlement Agreement11,500, pursuant to s. 24.1.1.(bsection 24.1.1(b) of MFDA By- By-law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement2,500, pursuant to s. section 24.2 of MFDA By-law No. 1; c) the Respondent shall in the future comply with MFDA Rule 2.1.1; and d) the Respondent will attend the Settlement Hearing in person, on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the MFDA: a) between February August 2013 and May 2016September 2013, the Respondent altered 14 account forms in respect of 12 clients by altering information processed increases to monthly payments made pursuant to a client’s Systematic Withdrawal Plan based on requests from someone other than the account forms without having client (the clients initial the alterationsclient’s spouse), contrary to MFDA Rule Rules 2.3.1 and 2.1.1; and b) between January 2009 and January 2016on August 13, 2013, the Respondent obtained, possessed, and used to process transactions, 10 pre-signed processed two mutual fund switches in the account forms in respect of 6 clientsone client without the client’s authorization, contrary to MFDA Rule Rules 2.3.1 and 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine in the amount of $14,500 in certified funds upon acceptance of the Settlement Agreement, 15,000 pursuant to s. 24.1.1.(b24.1.1(b) of MFDA By- By-law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. 24.2 of MFDA By-law No. 1; c) the Respondent shall in the future comply with MFDA Rule Rules 2.3.1 and 2.1.1; and d) the Respondent will attend in person, person on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the Mutual Fund Dealers Association of Canada (“MFDA:”): a) between on February 2013 and May 29, 2016, the Respondent altered 14 signed the signature of a client of an account forms in respect of 12 clients by altering information on form, and submitted the account forms without having form to the clients initial the alterationsMember for processing, contrary to MFDA Rule 2.1.1; and b) between January 2009 and January on March 3, 2016, during the course of the Member’s investigation, the Respondent obtained, possessed, and used falsely represented to process transactions, 10 pre-the Member that a client had signed an account forms in respect of 6 clientsform, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine in the amount of $14,500 9,500 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. 24.1.1.(b24.1.1(b) of MFDA By- By-law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. 24.2 of MFDA By-law No. 1; c) the Respondent shall in the future comply with MFDA Rule 2.1.1; and d) the Respondent will attend in person, on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the Mutual Fund Dealers Association of Canada (“MFDA:”): a) between February 2013 October 2014 and May 2016July 2018, the Respondent altered 14 and used to process transactions 20 account forms in respect of 12 17 clients by altering information on the account forms form without having the clients client initial the alterations, contrary to MFDA Rule 2.1.1; and b) between January 2009 and January 2016in May 2014, the Respondent obtained, possessed, obtained and used to process transactions, 10 possessed 1 pre-signed account forms form in respect of 6 clients1 client, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine in the amount of $14,500 14,000 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. 24.1.1.(bsection 24.1.1(b) of MFDA By- By-law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. section 24.2 of MFDA By-By- law No. 1; c) the Respondent shall in the future comply with MFDA Rule 2.1.1; and d) the Respondent will attend in person, on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the MFDA: a) : between February January 2013 and May 20162014, the Respondent altered 14 account forms in did not adequately supervise his unlicensed assistants, for whom he was responsible, with respect to the use of 12 clients by altering information on the account forms without having the clients initial the alterations, contrary to MFDA Rule 2.1.1; and b) between January 2009 and January 2016, the Respondent obtained, possessed, and used to process transactions, 10 5 pre-signed account forms in respect of 6 clientsand 1 account form where the Respondent’s assistant had cut a client signature from a previously signed account form and re-used it, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine in the amount of $14,500 in certified funds upon acceptance of the Settlement Agreement, 8,500 pursuant to s. 24.1.1.(b24.1.1(b) of MFDA By- By-law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. 24.2 of MFDA By-law No. 1; c) the Respondent shall in the future comply with MFDA Rule 2.1.1; and d) the Respondent will attend in person, on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the MFDA: a) between February 2013 and May 2016on November 6, 2015, the Respondent altered 14 falsified the signature of one client on one account forms in respect of 12 clients by altering information on the account forms without having the clients initial the alterationsform, contrary to MFDA Rule 2.1.1; and b) between January 2009 2016 and January April 2016, the Respondent obtained, possessed, and used to process transactions, 10 pre-signed misled MFDA Staff during the course of an investigation into his conduct when he falsely advised MFDA Staff that he did not falsify the signature of a client on an account forms in respect of 6 clientsform, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine be prohibited for three years from conducting securities related business in any capacity while in the amount employ of $14,500 in certified funds upon acceptance or associated with any Member of the Settlement AgreementMFDA, pursuant to s. 24.1.1.(b24.1.1(e) of MFDA By- law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. 24.2 of MFDA By-law No. 1; cb) the Respondent shall in the future comply with MFDA Rule 2.1.1; and dc) the Respondent will attend in person, on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the MFDA: a) between on or about August 24, 2015, in response to a request from the Member that the Respondent obtain a new account form signed by a client to confirm that the client was aware of the fees and costs associated with a transaction, the Respondent photocopied a previously collected account form, altered the fees and costs disclosure section of the account form, and re-submitted it to the Member to process the transaction, contrary to MFDA Rule 2.1.1; b) on or about February 2013 and May 201624, 2015, the Respondent altered 14 an 1 account forms in respect of 12 clients form by altering information on the account forms form without having the clients client initial the alterationsalteration, contrary to MFDA Rule 2.1.1; and bc) between January 2009 and January 2016in or around July 2015, the Respondent obtained, possessed, obtained and used to process transactions, 10 possessed 4 pre-signed account forms in respect of 6 clients1 client, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine in the amount of $14,500 in certified funds upon acceptance of the Settlement Agreement, 10,000 pursuant to s. 24.1.1.(b24.1.1(b) of MFDA By- By-law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. 24.2 of MFDA By-law No. 1; c) the Respondent shall in the future comply with MFDA Rule 2.1.1; and d) the Respondent will attend in person, on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the MFDA: a) between February 2013 and May 2016on or about October 27, 2014, the Respondent altered 14 falsified 2 client signatures on 1 account forms in respect of 12 clients by altering information on form and submitted the account forms without having the clients initial the alterationsform for processing, contrary to MFDA Rule 2.1.1; and b) between January 2009 2013 and January 2016February 2015, the Respondent obtained, possessed, and or used to process transactions, 10 203 pre-signed account forms in respect of 6 45 clients, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine be prohibited from conducting securities related business in any capacity while in the amount employ of $14,500 in certified funds upon acceptance or associated with a Member of the Settlement AgreementMFDA for a period of 1 year, pursuant to s. 24.1.1.(bs.24.1.1(e) of MFDA By- law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement, pursuant to s. 24.2 of MFDA By-law No. 1No.1; cb) the Respondent shall in the future comply with MFDA Rule 2.1.1; and dc) the Respondent will attend in person, on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the MFDA: a) between February 2013 January 2006 and May 2016November 2014, the Respondent altered 14 altered, and used to process transactions, 5 account forms in respect of 12 5 clients by altering information on the account forms without having the clients client initial the alterations, contrary to MFDA Rule 2.1.1; and b) between January 2009 March 2006 and January 2016November 2015, the Respondent obtained, possessed, and in some instances, used to process transactions, 10 32 pre-signed account forms in respect of 6 16 clients, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine in the amount of $14,500 in certified funds 8,000 upon acceptance of the this Settlement Agreement, pursuant to s. 24.1.1.(bsection 24.1.1(b) of MFDA By- By-law No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement2,500, pursuant to s. section 24.2 of MFDA By-law No. 1; c) the Respondent shall in the future comply with MFDA Rule 2.1.1; and d) the Respondent will attend in person, person on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.

JOINT SETTLEMENT RECOMMENDATION. 3. Staff and the Respondent jointly recommend that the Hearing Panel accept the Settlement Agreement. 4. The Respondent admits to the following violations of the By-laws, Rules or Policies of the MFDA: a) between February 2013 and May 2016on December 3, 2015, the Respondent altered 14 signed the signature of 1 client on 1 account forms in respect of 12 clients by altering information on form and submitted the account forms without having form to the clients initial the alterationsMember for processing, contrary to MFDA Rule 2.1.1; and b) between January 2009 and January 2016on December 4, 2015, the Respondent obtained, possessed, falsely represented to his assistant branch manager that a client had attended at the branch and used to process transactions, 10 pre-signed an account forms in respect of 6 clientsform, contrary to MFDA Rule 2.1.1. 5. Staff and the Respondent agree and consent to the following terms of settlement: a) the Respondent shall pay a fine in the amount of $14,500 in certified funds upon acceptance of the Settlement Agreement, 5,000 pursuant to s. 24.1.1.(bSection 24.1.1(b) of MFDA By- law Bylaw No. 1; b) the Respondent shall pay costs in the amount of $2,500 in certified funds upon acceptance of the Settlement Agreement2,500, pursuant to s. section 24.2 of MFDA By-law Bylaw No. 1; c) the Respondent shall in the future comply with MFDA Rule 2.1.1; and d) the Respondent will attend in person, on the date set for the Settlement Hearing. 6. Staff and the Respondent agree to the settlement on the basis of the facts set out in Part III herein and consent to the making of an Order in the form attached as Schedule “A”.