Final Notice
FINAL NOTICE
To:
Anseba Cafe & International Exchange Limited
Address:
73 Stockwell Road
London
SW9 9PY
FRN:
576745
Dated:
5 August 2015
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Anseba Cafe & International Exchange Limited
(“Anseba”).
2.
The Authority gave Anseba a Decision Notice on 1 July 2015 (“the Decision
Notice”) which notified Anseba that for the reasons given below and pursuant to
Regulation 10(1)(h) of the PSR, the Authority had decided to cancel the
registration granted to Anseba as a small payment institution under the PSR.
3.
Anseba has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was given to Anseba.
4.
Accordingly, the Authority has today cancelled Anseba’s registration as a small
payment institution.
DEFINITIONS
5.
The definitions below are also used in this Final Notice:
“the Act” means the Financial Services and Markets Act 2000;
“the Authority” means the Financial Conduct Authority;
“the FSA057 return” means the Payment Services Directive Transactions return;
“the PSR” means the Payment Services Regulations 2009; and
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber).
REASONS FOR ACTION
5.
On the basis of the facts and matters and conclusions described in the Warning
Notice dated 9 June 2015, and in the Decision Notice, the Authority has
concluded that Anseba has failed to submit the FSA057 return for the period
ended 31 December 2014, which was due to be submitted to the Authority by 2
February 2015 and to respond adequately to repeated Authority requests that it
submit the FSA057 return.
6.
These failings lead the Authority to conclude that Anseba has failed to comply
with the requirement that it submit the FSA057 return to the Authority, and that
Anseba has failed to demonstrate a readiness and willingness to comply with its
ongoing regulatory obligations and to deal with the Authority in an open and co-
operative way. It is therefore desirable to cancel Anseba’s registration as a small
payment institution in order to protect the interests of consumers, in accordance
with Regulation 10(1)(h) of the PSR (as applied by Regulation 14).
DECISION MAKER
7.
The decision which gave rise to the obligation to give this Final Notice was made
by the Regulatory Decisions Committee.
IMPORTANT
8.
This Final Notice is given to Anseba in accordance with section 390(1) of the Act
(as applied by paragraph 7(b) of Part 1 of Schedule 5 to the PSR).
Publicity
9.
Sections 391(4), 391(6) and 391(7) of the Act (as applied by paragraph 7(c) of
Part 1 of Schedule 5 of the PSR) apply to the publication of information about the
matter to which this Final Notice relates. Under those provisions, 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 Anseba or prejudicial to the interests of consumers.
10.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.
Authority Contact
11.
For more information concerning this matter generally, please contact Prea Deans
at the Authority (direct line: 020 7066 2272).
John Kirby
Enforcement and Market Oversight Division