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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: Bradley Wayne Archer

Order

(ARISING FROM SETTLEMENT HEARING ON JANUARY 31, 2019)

WHEREAS on May 3, 2018, the Mutual Fund Dealers Association of Canada (the “MFDA”) issued a Notice of Hearing pursuant to ss. 20 and 24 of By-law No. 1 in respect of Bradley Wayne Archer (the “Respondent”);

AND WHEREAS the Respondent entered into a settlement agreement with Staff of the MFDA, dated November 9, 2018 (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:

  1. between December 2002 and June 2016, the Respondent signed the signature of a client on 21 account forms, and submitted the account forms to the Member for processing, contrary to MFDA Rule 2.1.1; and
  2. between 2015 and 2016, the Respondent obtained and possessed 4 pre-signed account forms in respect of 3 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 be prohibited from conducting securities related business in any capacity while in the employ of or associated with any MFDA Member for a period of 9 months commencing from the date of this Order, pursuant to s. 24.1.1.(e) of MFDA By-law No. 1;
  2. The Respondent shall in the future comply with MFDA Rule 2.1.1; and
  3. 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.
  • Joan Smart
    Joan Smart
    Chair
  • Edward V. Jackson
    Edward V. Jackson
    Industry Representative
  • Guenther W.K. Kleberg
    Guenther W.K. Kleberg
    Industry Representative

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