File No. 201783
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: Gabrijela Mihajlovic
(ARISING FROM SETTLEMENT HEARING ON NOVEMBER 30, 2017)
WHEREAS on August 31, 2017, the Mutual Fund Dealers Association of Canada (“MFDA”) issued a Notice of Settlement Hearing pursuant to section 24.4 of MFDA By-law No. 1 in respect of Gabrijela Mihajlovic (“Respondent”);
AND WHEREAS the Respondent entered into a settlement agreement with Staff of the MFDA, dated August 30, 2017 (“Settlement Agreement”), in which the Respondent agreed to a proposed settlement of matters for which the Respondent could be disciplined pursuant to sections 20 and 24.1 of MFDA By-law No. 1;
AND WHEREAS the Hearing Panel is of the opinion that on or about August 22, 2014, the Respondent borrowed $5,000 from a client, thereby engaging in conduct giving rise to a conflict or potential conflict of interest which the Respondent failed to address by the exercise of responsible business judgment influenced only by the best interests of the client, contrary to the policies and procedures of the Member and MFDA Rules 2.1.1, 2.1.4, 2.5.1 and 1.1.2;
IT IS HEREBY ORDERED THAT the Settlement Agreement is accepted, as a consequence of which:
- The Respondent’s authority to conduct securities related business in any capacity while in the employ of or associated with any MFDA Member shall be prohibited for a period of one year from the date of the order, pursuant to section 24.1.1(e) of MFDA By-law No. 1;
- The Respondent shall pay a fine in the amount of $5,000, pursuant to section 24.1.1(b) of MFDA By-law No. 1, payable as follows:
- $1,700 payable on or before the date of the settlement hearing;
- $1,700 payable no later than 2 months from the date that the Settlement Agreement is accepted by the Hearing Panel;
- $1,600 payable no later than 4 months from the date that the Settlement Agreement is accepted by the Hearing Panel;
- The Respondent shall in the future comply with all MFDA By-laws, Rules and Policies, and all applicable securities legislation and regulations made thereunder, including MFDA Rules 1.1, 2.1.4, 2.5.1 and 1.1.2; and
DATED: Nov 30, 2017
"Paul M. Moore"
Paul M. Moore
"Brigitte J. Geisler"
Brigitte J. Geisler
"Guenther W. K. Kleberg"
Guenther W. K. Kleberg