FINAL NOTICE

Dated: 7 March 2018


ACTION

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

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

3.
FAL 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 FAL’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 FAL dated 29 January
2018;

“FAL” means Fairbourne Assist Ltd;

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

“the Return” means the Retail Mediation Activities Return for the period ended 31
May 2017, which FAL was due to submit to the Authority by 12 July 2017;

“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 FAL dated 3 January
2018.


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 FAL is failing to
satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that FAL is a fit and proper person having regard to all the circumstances,
including whether FAL 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 FAL has failed to comply with the regulatory requirement to
submit the Return. FAL has not been open and co-operative in all its dealings with
the Authority, in that FAL 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 FAL’s suitability, lead the
Authority to conclude that FAL 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 was granted a Part 4A
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 FAL 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 FAL 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).

Anna Couzens
Enforcement and Market Oversight Division