File No. 201680
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: John Holowaty (also known as Ivan Holowatyji, John H. Holowatyji)
(ARISING FROM SETTLEMENT HEARING ON JANUARY 26, 2017)
WHEREAS on September 26, 2016, the Mutual Fund Dealers Association of Canada (the “MFDA”) issued a Notice of Settlement Hearing pursuant to section 24.4 of By-law No. 1 in respect of John Holowaty (also known as Ivan Holowatyji, John. H. Holowatyji) (the “Respondent”);
AND WHEREAS the Respondent entered into a settlement agreement with Staff of the MFDA, dated September 23, 2016 (the “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 June 2008 and May 2015, the Respondent falsified 6 account forms in respect of 1 client by altering information on the account forms without obtaining client initials authorizing the alterations and obtained and possessed, 6 pre-signed account forms, in respect of 2 clients, contrary to MFDA Rule 2.1.1;
IT IS HEREBY ORDERED THAT the Settlement Agreement is accepted, as a consequence of which:
- the Respondent shall pay a fine in the amount of $7,500 pursuant to s. 24.1.1(b) of MFDA By-law 1;
- the Respondent shall pay costs in the amount of $2,500 pursuant to s. 24.2 of MFDA By-law No. 2;
- the Respondent shall in the future comply with MFDA Rule 2.1.1; and
DATED: Jan 26, 2017
"Paul M. Moore, Q.C."
Paul M. Moore, Q.C.
"Kenneth P. Mann"
Kenneth P. Mann
"Robert C. White"
Robert C. White