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IN THE MATTER OF A SETTLEMENT HEARING PURSUANT TO SECTION 24.4 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

Re: Maria Peregrina Fernandes Dias Pereira

Order

(ARISING FROM SETTLEMENT HEARING ON JULY 27, 2017)

WHEREAS on July 25, 2016, the Mutual Fund Dealers Association of Canada (“MFDA”) issued a Notice of Settlement Hearing pursuant to section 24.4 of By-law No. 1 in respect of Maria Peregrina Fernandes Dias Pereira (“Respondent”);

AND WHEREAS the Respondent entered into a settlement agreement with Staff of the MFDA, dated June 6, 2017 (“Settlement Agreement”), in which the Respondent agreed to a proposed settlement of matters for which the Respondent could be disciplined pursuant to ss. 20 and 24.1 of By-law No. 1;

AND WHEREAS the Hearing Panel is of the opinion that between March 2003 and March 2015, the Respondent:

  1. altered and, in some instances, used to process transactions, three (3) account forms in respect of three (3) clients by altering information on the account forms without having the clients initial the alterations; and
  2. obtained, possessed and, in some instances, used to process transactions, eight (8) pre-signed account forms in respect of seven (7) clients, contrary to MFDA Rule 2.1.1;

IT IS HEREBY ORDERED THAT the Settlement Agreement is accepted, as a consequence of which:

  1. the Respondent shall pay a fine in the amount of $7,000 pursuant to s. 24.1.1(b) if MFDA By-law No. 1;
  1. the Respondent shall pay costs in the amount of $2,500 pursuant to s. 24.2 of MFDA By-law No. 1;
  1. The Respondent shall pay the Fine and Costs in certified funds as follows:
    1. $2,500 (Costs) payable upon entering into the Settlement Agreement;
    2. $583.33 on the last business day of August 2017;
    3. $583.33 on the last business day of September 2017;
    4. $583.33 on the last business day of October 2017;
    5. $583.33 on the last business day of November 2017;
    6. $583.33 on the last business day of December 2017;
    7. $583.33 on the last business day of January 2018;
    8. $583.33 on the last business day of February 2018;
    9. $583.33 on the last business day of March 2018;
    10. $583.33 on the last business day of April 2018;
    11. $583.33 on the last business day of May 2018;
    12. $583.33 on the last business day of June 2018;
    13. $583.33 on the last business day of July 2018;
  1. if the Respondent fails to make any of the payments described above in paragraph 3, any outstanding balance of the Fine and Costs shall become immediately due and payable to the MFDA and the Respondent shall be immediately suspended from conducting securities related business while in the employ of or associated with a Member of the MFDA until such time as the total amount outstanding of Fine and Costs owed by the Respondent is paid to the MFDA, pursuant to s. 24.3.13(c) of MFDA By-law No. 1;
  1. the Respondent shall in the future comply with MFDA Rule 2.1.1; and
  1. if at any time a non-party to this proceeding, with the exception of the bodies set out in section 23 of MFDA By-law No. 1, requests production of or access to exhibits in this proceeding that contain personal information as defined by the MFDA Privacy Policy, then the MFDA Corporate Secretary shall not provide copies of or access to the requested exhibits to the non-party without first redacting from them any and all personal information, pursuant to Rules 1.8(2) and (5) of the MFDA Rules of Procedure.
  • Frederick H. Webber
    Frederick H. Webber
    Chair
  • Brigitte J. Geisler
    Brigitte J. Geisler
    Industry Representative
  • Robert C. White
    Robert C. White
    Industry Representative

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