Final Notice
FINAL NOTICE
To:
Acquisition 395447313A Limited
FRN: 690595
Dated: 18 October 2017
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against AL.
2.
The Authority issued to AL the Decision Notice which notified it that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel AL’s Part 4A permission.
3.
AL has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was issued to it.
4.
Accordingly, the Authority has today cancelled AL’s Part 4A permission.
DEFINITIONS
5.
The definitions below are used in this Final Notice:
“the Act” means the Financial Services and Markets Act 2000;
“AL” means Acquisition 395447313A Limited;
“AL’s Part 4A permission” means the permission granted by the Authority to AL
pursuant to Part 4A of the Act;
Acquisition 395447313A Limited
18 October 2017
“the Authority” means the Financial Conduct Authority;
“the Decision Notice” means the Decision Notice issued to AL dated 5 September
2017;
“the Return” means the CCR007 return for the period ended 30 September 2016,
which AL was due to submit to the Authority by 11 November 2016;
“the suitability Threshold Condition” means the Threshold Condition set out in
paragraph 2E of Schedule 6 to the Act;
“the Threshold Conditions” means the threshold conditions set out in Schedule 6
to the Act;
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber); and
“the Warning Notice” means the Warning Notice issued to AL dated 9 August
2017.
REASONS FOR ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice and in the Decision Notice, it appears to the Authority that AL is failing to
satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that AL is a fit and proper person having regard to all the circumstances,
including whether AL managed its business in such a way as to ensure that its
affairs were conducted in a sound and prudent manner.
7.
This is because AL has failed to comply with the regulatory requirement to submit
the Return. AL has not been open and co-operative in all its dealings with the
Authority, in that AL has failed to respond adequately to the Authority's repeated
requests for it to submit the Return, and has thereby failed to comply with
Principle 11 of the Authority's Principles for Businesses and to satisfy the
Authority that it is ready, willing and organised to comply with the requirements
and standards under the regulatory system.
8.
These failures, which are significant in the context of AL’s suitability, lead the
Authority to conclude that AL has failed to manage its business in such a way as
to ensure that its affairs are conducted in a sound and prudent manner, that it is
not a fit and proper person, and that it is therefore failing to satisfy the Threshold
Conditions in relation to the regulated activities for which AL has had a
permission.
DECISION MAKER
9.
The decision which gave rise to the obligation to give this Final Notice was made
by the Regulatory Decisions Committee.
IMPORTANT
10.
This Final Notice is given to AL in accordance with section 390(1) of the Act.
Acquisition 395447313A Limited
18 October 2017
Publicity
11.
The Authority must publish such information about the matter to which this Final
Notice relates as the Authority considers appropriate. The information may be
published in such manner as the Authority considers appropriate. However, the
Authority may not publish information if such publication would, in the opinion of
the Authority, be unfair to AL or prejudicial to the interest of consumers.
12.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.
Authority Contact
13.
For more information concerning this matter generally, please contact Shahida
Choudhury at the Authority (direct line: 020 7066 9546).
John Kirby
Enforcement and Market Oversight Division