IN THE MATTER OF A DISCIPLINARY HEARING PURSUANT TO SECTIONS 20 AND 24 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA
Richard Kenneth Giuliani
NOTICE OF HEARING
NOTICE is hereby given that a first appearance will take place by teleconference before a hearing panel of the Central Regional Council (“Hearing Panel”) of the Mutual Fund Dealers Association of Canada (“MFDA”) in the hearing room at the MFDA offices, located at 121 King Street West, Suite 1000, Toronto, Ontario on December 11, 2017 at 1:00 p.m. (Eastern), or as soon thereafter as the hearing can be held, concerning a disciplinary proceeding commenced by the MFDA against Richard Kenneth Giuliani (“Respondent”).
DATED: Oct 9, 2017
Director of Regional Councils
Mutual Fund Dealers Association of Canada
121 King St. West, Suite 1000
Toronto, ON M5H 3T9
NOTICE is further given that the MFDA alleges the following violations of the By-laws, Rules or Policies of the MFDA:
Allegation #1: Between September 29, 2006 and December 14, 2015, the Respondent had and continued in a dual occupation which was not disclosed to and approved by the Member by acting as Co-Executor and Co-Trustee of LC’s estate and receiving compensation for these activities, contrary to MFDA Rules 1.2.1(c) (formerly MFDA Rule 1.2.1(d) and now MFDA Rule 1.3) and 2.1.1.
Allegation #2: Between March 19, 2008 and April 23, 2010, the Respondent accepted and acted upon appointments as Co-Executor and Co-Trustee in respect of six accounts which the Respondent opened at the Member for LC’s grandchildren, contrary to MFDA Rules 2.1.4, 2.3.1 and 2.1.1.
Allegation #3: Between September 2, 2009 and April 23, 2010, the Respondent failed to comply with the Member’s instruction that he was not permitted to act as a Trustee in respect of accounts at the Member, contrary to MFDA Rule 2.1.1.
Allegation #4: In December 2010, the Respondent failed to notify the Member, within two business days that he was named as a Respondent in a Notice of Application, contrary to MFDA Policy No. 6.