FINAL NOTICE

N10 3ND



ACTION

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



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


3.
FCL 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 FCL’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 FCL dated 1 March
2018;

“FCL” means Forseti Capital LLP;


“FCL’s Part 4A permission” means the permission granted by the Authority to FCL

pursuant to Part 4A of the Act;

“the Overdue Balance” means the amount owed by FCL to the Authority comprising
an invoice for administrative fee of £250 for late submission of a regulatory return,
which had been due for payment by 13 November 2016, an invoice for
administrative fee of £250 for late submission of a regulatory return, which had
been due for payment by 13 November 2016, an invoice for administrative fee of
£250 for late submission of a regulatory return, which had been due for payment by
8 December 2016, and an invoice for administrative fee of £250 for late submission
of a regulatory return, which had been due for payment by 9 March 2017;

“the Principles” means the Authority’s Principles for Businesses;

“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 FCL dated 6 February
2018.

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


7.
FCL has failed to pay the Overdue Balance and it has not been open and co-
operative in all its dealings with the Authority, in that FCL has failed to respond to
the Authority’s repeated requests for it to pay the Overdue Balance, and has
thereby failed to comply with Principle 11 of the Principles and to satisfy the
Authority that it is ready, willing and organised to comply with the requirements
and standards of the regulatory system.


8.
These failures, which are significant in the context of FCL’s suitability, lead the
Authority to conclude that FCL 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 FCL 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 FCL 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