To protect the health and safety of the public and our employees, the Department of Banking has limited the number of employees at our office at 260 Constitution Plaza in Hartford. When contacting the Department, please use electronic communication whenever possible. Consumers are encouraged to use our online form for complaints. If you are unsure where to send an inquiry, you may send it to Department.Banking@ct.gov and it will be routed appropriately. Thank you for your patience during this time.

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IN THE MATTER OF:

CHARLES EDWARD DEAR
   (CRD number 1079490)

As An Investment Adviser Agent of

DIASTOLE WEALTH
MANAGEMENT, INC.
   (CRD Number 111604)

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   ORDER MODIFYING CONSENT
   ORDER CONDITIONING
   REGISTRATION AS AN
   INVESTMENT ADVISER AGENT

   File No. CO-02-6436-S

PRELIMINARY STATEMENT

WHEREAS the Banking Commissioner (the "Commissioner") is charged with the administration of Chapter 672a of the Connecticut General Statutes, the Connecticut Uniform Securities Act (the "Act") and Sections 36b-31-2 et seq. of the Regulations of Connecticut State Agencies (the "Regulations") promulgated under the Act;

WHEREAS on February 24, 2003, the Commissioner, acting pursuant to Section 36b-15(a) of the Act, entered a Consent Order Conditioning Registration as an Investment Adviser Agent (the "Consent Order") (File No. CO-02-6436-S) with respect to Charles Edward Dear (“Dear”) who was then seeking registration as an investment adviser agent of Diastole Wealth Management, Inc. ("DWM") of 1254 Boston Post Road, Old Saybrook, Connecticut;

WHEREAS the Consent Order, the terms of which are incorporated by reference herein, declared that Dear’s registration as an investment adviser agent of DWM would be made effective subject to certain conditions and restrictions the majority of which would continue in force during Dear’s association with DWM;

WHEREAS paragraph (9) of the Consent Order permitted Dear to apply for relief from any of the provisions of the Consent Order upon a showing of good cause once three years had elapsed from the entry of the Consent Order;

WHEREAS on May 16, 2007, the department received from DWM, acting on its behalf and on behalf of Dear, correspondence dated May 14, 2007 petitioning the Commissioner for relief from certain conditions and restrictions of the Consent Order currently in effect;

WHEREAS Dear has not been the subject of any reported regulatory actions, complaints or arbitrations arising from conduct occurring while he was associated with DWM;

WHEREAS Section 36b-31(a) of the Act provides, in part, that:  "The Commissioner may from time to time make, amend and rescind such ... orders as are necessary to carry out the provisions of Sections 36b-2 to 36b-33, inclusive [of the Act]";

WHEREAS Section 36b-31(b) of the Act states, in part, that:  "No ... order may be made, amended or rescinded unless the commissioner finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of ... [the Act]";

WHEREAS the Commissioner finds that the issuance of this Order is appropriate in the public interest and consistent with the purposes fairly intended by the policy and provisions of the Act;

ORDER

THE COMMISSIONER HEREBY ORDERS THAT:

(1) Paragraph 4(a) of the Consent Order, which limited Dear's advisory services on behalf of DWM to specified financial products, is hereby amended to permit Dear to render investment advisory services on insurance and securities products authorized by DWM, subject to the client suitability constraints in Sections 36b-31-15d(a)(3) and 36b-31-15c(a)(1) of the Regulations;
(2) Paragraph 6(b) of the Consent Order, which required, inter alia, that a copy of securities-related communications involving Dear be maintained in a separate on-site communications file, is hereby amended to permit such records to be maintained with those of other DWM advisory personnel;
(3) Paragraph 6(c) of the Consent Order, which required DWM's compliance officer to review all monthly statements relating to accounts serviced by Dear, is hereby amended to permit DWM to conduct such a review on a quarterly rather than a monthly basis;
(4) A copy of this Order shall be mailed forthwith to all parties to the February 24, 2003 Consent Order, to wit, Charles Edward Dear and DW[M]; and
(5) This Order shall become final when issued.


            ________/s/_________
            Howard F. Pitkin
            Banking Commissioner


So ordered at Hartford, Connecticut
this 22nd day of May 2007.

Conditional Registrations