Final Notice
FINAL NOTICE
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Arch Motors Limited.
2.
The Authority gave Arch Motors Limited a Decision Notice on 9 July 2013 (“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 the permission
granted to Arch Motors Limited under the Act (“Arch Motors Limited’s
permission”).
3.
Arch Motors Limited has not referred the matter to the Tribunal within 28 days of
the date on which the Decision Notice was given to it.
4.
Accordingly, the Authority has today cancelled Arch Motors Limited’s permission.
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 body corporate previously known as the Financial
Services Authority and renamed on 1 April 2013 as the Financial Conduct
Authority;
“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);
“RMAR” means the Retail Mediation Activities Return.
REASONS FOR ACTION
6.
On the basis of the facts and matters and conclusions described in its Warning
Notice issued to Arch Motors Limited dated 23 May 2013 and in the Decision
Notice, it appears to the Authority that Arch Motors Limited is failing to satisfy the
Threshold Conditions, in that the Authority is not satisfied that Arch Motors
Limited is a fit and proper person having regard to all the circumstances,
including whether Arch Motors Limited managed its business in such a way as to
ensure that its affairs are conducted in a sound and prudent manner.
7.
This is because Arch Motors Limited has failed to comply with the regulatory
requirement to submit its RMAR for the period ended 31 December 2012. Arch
Motors Limited has not been open and co-operative in all its dealings with the
Authority, in that it has failed to respond to the Authority's repeated requests for
it to submit the RMAR, 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 Arch Motors Limited’s
suitability, lead the Authority to conclude that Arch Motors Limited 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 it 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 Arch Motors Limited in accordance with section
390(1) of the Act.
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 Arch Motors Limited 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.
Contact
13.
For more information concerning this matter generally, please contact Sarah
Brewer at the Authority (direct line: 020 7066 8886).
John Kirby
Enforcement and Financial Crime Division