FINAL NOTICE

FRN: 714970


Dated: 3 November 2017


ACTION

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

2.
The Authority issued to EMCL 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 EMCL’s Part 4A permission.

3.
EMCL has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was issued to it.

4.
Accordingly, the Authority has today cancelled EMCL’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;

“the Decision Notice” means the Decision Notice issued to EMCL dated 19
September 2017;

“EMCL” means Essex Motor Centre Ltd;

“EMCL’s Part 4A permission” means the permission granted by the Authority to
EMCL pursuant to Part 4A of the Act;

“the Return” means the CCR007 return for the period ended 31 October 2016,
which EMCL was due to submit to the Authority by 12 December 2016;

“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 EMCL dated 17 August
2017.


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

7.
This is because EMCL has failed to comply with the regulatory requirement to
submit the Return. EMCL has not been open and co-operative in all its dealings
with the Authority, in that EMCL has failed to respond adequately to the
Authority's repeated requests for it to submit the Return, 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 EMCL’s suitability, lead the
Authority to conclude that EMCL 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 EMCL 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 EMCL 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 EMCL 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 Rachel
Fasanya at the Authority (direct line: 020 7066 3202).

Anna Couzens
Enforcement and Market Oversight Division