Final Notice

On , the Financial Conduct Authority issued a Final Notice to Ashfaq Ahmed

FINAL NOTICE

ACTION

1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Mr Ahmed.


2.
The Authority issued to Mr Ahmed the Decision Notice which notified Mr Ahmed
that for the reasons given below and pursuant to section 55J of the Act, the
Authority had decided to cancel Mr Ahmed’s Part 4A permission.


3.
Mr Ahmed has not referred the matter to the Tribunal within 28 days of the date
on which the Decision Notice was given to him.


4.
Accordingly, the Authority has today cancelled Mr Ahmed’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;

“the Authority” means the Financial Conduct Authority;


“Mr Ahmed’s Part 4A permission” means the permission granted by the Authority

to Ashfaq Ahmed pursuant to Part 4A of the Act; and

“the Decision Notice” means the Decision Notice issued to Mr Ahmed dated 2 May
2017;

“the Overdue Balance” means the amount owed by Mr Ahmed to the Authority
comprising an invoice dated 5 July 2016 for £145 for regulatory fees and levies for
the period 1 April 2016 to 31 March 2017, which was due for payment by 4 August
2016;

“the Principles” means the Authority’s Principles for Businesses;

“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 Mr Ahmed dated 5 April
2017.


REASONS FOR THE 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 Mr Ahmed is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Mr Ahmed is a fit and proper person having regard to all the
circumstances, including whether Mr Ahmed managed his business in such a way
as to ensure that his affairs were conducted in a sound and prudent manner.


7.
Mr Ahmed has failed to pay the Overdue Balance and he has not been open and
co-operative in all his dealings with the Authority, in that Mr Ahmed has failed to
respond to the Authority’s repeated requests for him to pay the Overdue Balance,
and has thereby failed to comply with Principle 11 of the Principles and to satisfy
the Authority that he 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 Mr Ahmed’s suitability, lead
the Authority to conclude that Mr Ahmed has failed to manage his business in
such a way as to ensure that his affairs are conducted in a sound and prudent
manner, that he is not a fit and proper person, and that he is therefore failing to
satisfy the Threshold Conditions in relation to the regulated activities for which he
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 Mr Ahmed under section 55Z and 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 Mr Ahmed 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 Funmi Ojo
at the Authority (direct line: 020 7066 1354).

John Kirby
Enforcement and Market Oversight Division






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