Final Notice
FINAL NOTICE
TAKE NOTICE: The Financial Services Authority of 25 The North Colonnade, Canary
Wharf, London E14 5HS (the "FSA") gives Brockhurst Financial Limited
(“Brockhurst”), final notice about a decision to cancel the permission granted to
Brockhurst to carry on regulated activities
1.
ACTION
1.1
The FSA gave Brockhurst a Decision Notice on 22 June 2011 (the “Decision
Notice”), which notified it that, for the reasons given below and pursuant to section 45
of the Financial Services and Markets Act 2000 (the “Act”), the FSA had decided to
cancel the permission granted to Brockhurst under Part IV of the Act (“Brockhurst’s
Part IV permission”).
1.2
Brockhurst has not referred the matter to the Upper Tribunal (Tax and Chancery
Division) within 28 days of the date on which the Decision Notice was given to
Brockhurst. Accordingly, the FSA has today cancelled Brockhurst’s Part IV
permission.
2.
REASONS FOR ACTION
2.1
On the basis of the facts and matters and conclusions described in the Warning Notice
issued to Brockhurst dated 7 April 2011, and in the Decision Notice, it appears to the
FSA that Brockhurst is failing to satisfy the threshold conditions set out in Schedule 6
to the Act (the "Threshold Conditions").
2.2
This is because Brockhurst has failed to pay fees and levies of £2,032.09 owed to the
FSA, despite repeated FSA requests that it do so.
2.3
This failing, which is significant in the context of Brockhurst’s suitability, leads the
FSA to conclude that Brockhurst is not conducting its business soundly and prudently
and in compliance with proper standards and that it is not a fit and proper person, and
that Brockhurst is therefore failing to satisfy the Threshold Conditions in relation to
the regulated activities for which it has had Part IV permission.
3.
DECISION MAKER
3.1
The decision which gave rise to the obligation to give this Final Notice was made by
the Regulatory Decisions Committee.
4.
IMPORTANT
4.1
This Final Notice is given to Brockhurst in accordance with section 390(1) of the Act.
4.2
Sections 391(4), 391(6) and 391(7) of the Act apply to the publication of information
about the matter to which this Final Notice relates. Under those provisions, the FSA
must publish such information about the matter to which this Final Notice relates as
the FSA considers appropriate. The information may be published in such manner as
the FSA considers appropriate. However, the FSA may not publish information if
such publication would, in the opinion of the FSA, be unfair to Brockhurst or
prejudicial to the interests of consumers.
4.3
The FSA intends to publish this Final Notice and such information about the matter to
which this Final Notice relates as it considers appropriate.
4.4
For more information concerning this matter generally, please contact Craig Drury at
the FSA (direct line: 020 7066 8460 / fax: 020 7066 8461).
John Kirby
FSA Enforcement and Financial Crime Division