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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: Pragya Kakkar

Order

(ARISING FROM SETTLEMENT HEARING ON NOVEMBER 17, 2017)

WHEREAS on October 24, 2017, 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 Pragya Kakkar (“Respondent”); 

AND WHEREAS the Respondent entered into a settlement agreement with Staff of the MFDA, dated October 19, 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 the Respondent:

  1. between February 2016 and July 2016, obtained, possessed, and used to process transactions, 14 pre-signed account forms in respect of 6 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 $7,500 pursuant to s. 24.1.1.(b) of 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 payment by the Respondent of the Fine and Costs shall be made to and received by MFDA Staff in certified funds as follows:
    1. $2,500 (Fine) upon acceptance of the Settlement Agreement by the Hearing Panel;
    2. $2,500 (Costs) upon acceptance of the Settlement Agreement by the Hearing Panel;
    3. $2,500 on or before the last business day of the 3rd month following the date of the acceptance of the Settlement Agreement by the Hearing Panel;
    4. $2,500 on or before the last business day of the 6th month following the date of the acceptance of the Settlement Agreement by the Hearing Panel;
  1. If the Respondent fails to make any of the installment payments described above in paragraph 3:
    1. any outstanding balance of the Fine and Costs owed by the Respondent shall become immediately due and payable to the MFDA; and
    2. the Respondent shall be prohibited 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 the 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.

DATED: Nov 17, 2017

"The. Hon. Rene P. Foisy"

The. Hon. Rene P. Foisy

Chair


"Kathleen Jost"

Kathleen Jost

Industry Representative


"Greg Wiebe"

Greg Wiebe

Industry Representative


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