Final Notice
FINAL NOTICE
To:
David John Nickless
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against David John Nickless.
2.
The Authority gave David John Nickless a Decision Notice on 25 April 2013 (the
“Decision Notice”) which notified him that for the reasons given below and
pursuant to section 45 of the Act, the Authority had decided to cancel the
permission granted to David John Nickless under the Act (“David John Nickless’s
permission”).
3.
David John Nickless 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 David John Nickless’s 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 body corporate previously known as the Financial
Services Authority and renamed on 1 April 2013 as the Financial Conduct
Authority
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber)
REASONS FOR THE ACTION
6.
On the basis of the facts and matters and conclusions described in its Warning
Notice issued to David John Nickless dated 28 February 2013 (the “Warning
Notice”), and in the Decision Notice, it appears to the Authority that David John
Nickless is failing to satisfy the threshold conditions set out in Schedule 6 to the
Act (the “Threshold Conditions”), in that the Authority is not satisfied that David
John Nickless is a fit and proper person having regard to all the circumstances,
including whether David John Nickless managed his business in such a way as to
ensure that his affairs are conducted in a sound and prudent manner.
7.
David John Nickless has failed to pay regulatory fees and levies owed to the
Authority totalling £1,307.09 (the “Overdue Balance”). David John Nickless has
not been open and co-operative in all his dealings with the Authority, in that he
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
Authority’s Principles for Businesses 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 David John Nickless’s
suitability, lead the Authority to conclude that David John Nickless 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 David John Nickless 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 David John Nickless 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 Edward
Thompson at the Authority (direct line: 020 7066 3564/fax: 020 7066 3564).
John Kirby
Enforcement and Financial Crime Division