Lost Shareholder Due Diligence Searches and Servicing The Trust hereby acknowledges that USBFS has an arrangement with an outside vendor to conduct lost shareholder searches required by Rule 17Ad-17 under the Securities Exchange Act of 1934, as amended. Costs associated with such searches will be passed through to the Trust as an out-of-pocket expense in accordance with the fee schedule set forth in Exhibit C hereto. If a shareholder remains lost and the shareholder’s account unresolved after completion of the mandatory Rule 17Ad-17 search, the Trust hereby authorizes vendor to enter, at its discretion, into fee sharing arrangements with the lost shareholder (or such lost shareholder’s representative or executor) to conduct a more in-depth search in order to locate the lost shareholder before the shareholder’s assets escheat to the applicable state. The Trust hereby acknowledges that USBFS is not a party to these arrangements and does not receive any revenue sharing or other fees relating to these arrangements. Furthermore, the Trust hereby acknowledges that vendor may receive up to 35% of the lost shareholder’s assets as compensation for its efforts in locating the lost shareholder.
AGREED FACTS Registration History
6. Since 1997, the Respondent has been registered as a mutual fund salesperson (now known as Dealing Representative) in Ontario with Sun Life Financial Investment Services (Canada) Inc.1 (“Sun Life”), a member of the MFDA.
7. At all material times, the Respondent conducted business in the Waterloo, Ontario area.
1 Before merging in 2002, known as Sun Life Financial Services (Canada) Inc. and Xxxxxxx Xxxxxxxx Inc.
8. Between August 2006 and September 2013, the Respondent obtained, possessed, and in some instances, used to process transactions, a total of 49 blank pre-signed client account forms in respect of 27 clients.
9. Of the 49 blank pre-signed forms, which included order entry forms, Pre-Authorized Contribution Agreement forms, and Know-Your-Client forms, 17 were used.
10. Between August 2006 and September 2013, the Respondent obtained, altered, and used to process transactions, 6 order entry forms, in respect of 7 clients.
11. Sun Life’s compliance staff detected the conduct that is the subject of this Settlement Agreement as a result of an audit of the Respondent’s client files on October 31, 2013.
12. Sun Life conducted an interview with the Respondent on November 8, 2013. After the interview, on November 25, 2013, Sun Life conducted a further comprehensive audit of all the Respondent’s files, revealing further irregular forms.
13. As part of its investigation, Sun Life sent letters to all clients serviced by the Respondent to determine whether the Respondent had engaged in any unauthorized trading in their accounts. None of the clients reported any concerns to Sun Life.
14. As part of its investigation, Sun Life directed the Respondent’s Branch Manager to meet with all clients affected by the conduct that is the subject of this Settlement Agreement whose forms were submitted for processing.
15. Additionally, Sun Life telephoned 21 of the clients affected by the Respondent’s conduct. 16 of these clients reported satisfaction with the handling of their accounts, while the remaining 5 were either unreachable or unable to communicate in English.
16. The Respondent had obtained limited trade authorizations for all of the affected clients.
17. On June 16, 2014, Sun Life placed the Respondent under close supervision for a 12 month period. No compliance concerns regarding the Respondent have arisen as a result.
18. There is no evidence that the Respondent received any financial benefit from engaging in the misconduct described above beyond the commissions and fees that he would ordinarily be entitled to receive had the transactions been carried out in the proper manner.
19. The Respondent is remorseful.
20. The Respondent has not previously been the subject of MFDA disciplinary proceedings.
21. By entering into this Settlement Agreement, the Respondent has saved the MFDA the time, resources and expenses associated with conducting a full hearing of the allegations.
V. CONTRAVENTIONS
Training Materials Training Materials will be provided for each student. Training Materials may be used only for either (i) the individual student’s reference during Boeing provided training and for review thereafter or (ii) Customer’s provision of training to individuals directly employed by the Customer.
Public Posting of Approved Users’ Research Use Statement The PI agrees that information about themselves and the approved research use will be posted publicly on the dbGaP website. The information includes the PI’s name and Requester, project name, Research Use Statement, and a Non-Technical Summary of the Research Use Statement. In addition, and if applicable, this information may include the Cloud Computing Use Statement and name of the CSP or PCS. Citations of publications resulting from the use of controlled-access datasets obtained through this DAR may also be posted on the dbGaP website.
Geotechnical Investigation Perform in accordance with the City Design Manual and other City requirements as designated in writing by the Director.
Reverse Engineering The Customer must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the software or any products supplied as a part of the Licensed System.
Geotechnical Engineer « »« » « » « » « » « »
Ownership, Use and Return of Offering Materials The Offering Materials shall continue to be the property of the Owner and JLL. The Offering Materials will be used by the Potential Investor solely for the purpose of evaluating the possible acquisition of the Property and not for any purpose unrelated to the possible acquisition of the Property. The Offering Materials may not be copied or duplicated without the Owner's and JLL’s prior written consent, and must be returned to JLL (or with JLL’s permission, destroyed by Potential Investor and any Related Party, and in such instance Potential Investor shall certify in writing to JLL and Owner that such information has been so destroyed) immediately upon request or when the Potential Investor declines to make an offer for the Property or terminates any discussions or negotiations with respect to the Property.
Solicitation Exceptions/Deviations Explanation If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.
Signs; Exterior Appearance Tenant shall not, without the prior written consent of Landlord, which may be granted or withheld in Landlord’s sole discretion: (i) attach any awnings, exterior lights, decorations, balloons, flags, pennants, banners, painting or other projection to any outside wall of the Project, (ii) use any curtains, blinds, shades or screens other than Landlord’s standard window coverings, (iii) coat or otherwise sunscreen the interior or exterior of any windows, (iv) place any bottles, parcels, or other articles on the window xxxxx, (v) place any equipment, furniture or other items of personal property on any exterior balcony, or (vi) paint, affix or exhibit on any part of the Premises or the Project any signs, notices, window or door lettering, placards, decorations, or advertising media of any type which can be viewed from the exterior of the Premises. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at the sole cost and expense of Tenant, and shall be of a size, color and type acceptable to Landlord. Nothing may be placed on the exterior of corridor walls or corridor doors other than Landlord’s standard lettering. The directory tablet shall be provided exclusively for the display of the name and location of tenants.
