December 19, 2019 (Toronto, Ontario) – The Mutual Fund Dealers Association of Canada (“MFDA”) announced that it has issued a Notice of Settlement Hearing dated December 10, 2019 regarding the presentation, review and consideration of a proposed settlement agreement by a Hearing Panel of the MFDA’s Atlantic Regional Council.
The settlement agreement will be between Staff of the MFDA and Kenneth Daniel Foster (“Respondent”) and involves matters for which the Respondent may be disciplined by a Hearing Panel pursuant to MFDA By-laws. The proposed settlement agreement concerns allegations that the Respondent:
- between September 2013 and June 2019, obtained, possessed, and in some instances, used to process transactions, 96 pre-signed account forms in respect of eight clients, contrary to MFDA Rule 2.1.1; and
- on or about September 29, 2017, cut and pasted a client signature from an account form previously signed by the client, and maintained the account form in the client’s file, contrary to MFDA Rule 2.1.1.
The settlement hearing will take place on January 23, 2020, commencing at 10:00 a.m. (Newfoundland), or as soon thereafter as the matter can be held, in the hearing room at the Sheraton Hotel Newfoundland, 115 Cavendish Square, St. John’s, Newfoundland.
MFDA settlement hearings are typically held in the absence of the public pursuant to section 20.5 of MFDA By-law No. 1 and Rule 15.2(2) of the MFDA Rules of Procedure. If the Hearing Panel accepts the settlement agreement, then the proceeding will become open to the public and a copy of the decision of the Hearing Panel and the settlement agreement will be made available at www.mfda.ca.
A copy of the Notice of Settlement Hearing is available on the MFDA website at www.mfda.ca During the period described in the Notice of Settlement Hearing, the Respondent conducted business in the St. John’s, Newfoundland area.
The MFDA is the self-regulatory organization for Canadian mutual fund dealers, regulating the operations, standards of practice and business conduct of its Members and their approximately 81,000 Approved Persons with a mandate to protect investors and the public interest. For more information about the MFDA’s complaint and enforcement processes, as well as links to ‘Check an Advisor’ and other Investor Tools, visit the For Investors page on the MFDA website.