Final Notice

On , the Financial Conduct Authority issued a Final Notice to Castle Wildish Chartered Surveyors

FINAL NOTICE

ACTION

1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Castle Wildish Chartered Surveyors (“Castle Wildish”).

2.
The Authority gave Castle Wildish a Decision Notice on 3 September 2014 (“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 Castle Wildish under the Act (“Castle Wildish’s permission”).

3.
Castle Wildish 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 Castle Wildish’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 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 Castle Wildish dated 8 August 2014 and in the Decision Notice, it
appears to the Authority that Castle Wildish is failing to satisfy the Threshold
Conditions, in that the Authority is not satisfied that Castle Wildish is a fit and
proper person having regard to all the circumstances, including whether Castle
Wildish 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 Castle Wildish has failed to comply with the regulatory
requirement to submit its RMAR for the period ended 31 March 2014, which was
due to be submitted by 15 May 2014. Castle Wildish has not been open and co-
operative in all its dealings with the Authority, in that it has failed to respond
adequately 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 Castle Wildish’s suitability,
lead the Authority to conclude that Castle Wildish 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 Castle Wildish 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 Castle Wildish 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 Rashmeet
Panesar at the Authority (direct line: 020 7066 3750).

John Kirby
Enforcement and Financial Crime Division


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