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Notice of Settlement Hearing

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:

Notice of Settlement Hearing

Notice of Settlement Hearing
File No. 201552



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: Kenneth Zukiwski




NOTICE OF SETTLEMENT HEARING

NOTICE is hereby given that a hearing will be held before a hearing panel of the Central
Regional Council (the “Hearing Panel”) of the Mutual Fund Dealers Association of Canada (the
“MFDA”) in the hearing room at the offices of the MFDA, located at 121 King Street West,
Suite 1000, Toronto, Ontario on February 25, 2016 at 10:00 a.m. (Eastern), or as soon thereafter
as the matter can be heard, to consider whether, pursuant to section 24.4 of By-law No. 1 of the
MFDA, the Hearing Panel should accept the settlement agreement (the “Settlement Agreement”)
entered into between Staff of the MFDA and Kenneth Zukiwski (the “Respondent”).

The subject matter of the proposed Settlement Agreement concerns matters for which the
Respondent may be disciplined as an Approved Person of the MFDA, pursuant to ss. 20 and
24.1.1 of By-law No. 1 of the MFDA.
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PARTICULARS

1.
The proposed Settlement Agreement concerns allegations that between January 2011 and
January 2014, the Respondent:

a) obtained, possessed, and used to process transactions, 12 pre-signed account forms in
respect of 4 clients, contrary to MFDA Rule 2.1.1;
b) altered and used to process transactions, 3 client account forms in respect of 2 clients,
contrary to MFDA Rule 2.1.1; and
c) on four occasions, failed to accurately respond to the Member’s annual compliance
inquiries by incorrectly responding that he did not obtain or possess any pre-signed
forms, contrary to MFDA Rule 2.1.1.

2.
The hearing is open to the public, unless and to the extent that the Hearing Panel
determines that all or part of the hearing should proceed in the absence of the public. If the
Hearing Panel accepts the Settlement Agreement, then copies of the decision of the Hearing
Panel and the Settlement Agreement will be made available to the public.

DATED this 9th day of November, 2015.

“Sarah Rickard”

Sarah Rickard
Director of Regional Councils

Mutual Fund Dealers Association of Canada
121 King Street West, Suite 1000
Toronto, ON M5H 3T9
Telephone: 416-943-5143
Facsimile: 416-361-9781
Email: [email protected]

DM 454945 v1

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