Final Notice
FINAL NOTICE
To:
G & T Office Equipment
Orwell Court
Hurricane Way
Wickford
SS11 8YJ
Dated: 17 May 2017
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against G & T Office Equipment.
2.
The Authority issued to G & T Office Equipment 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 G & T Office Equipment’s Part 4A permission.
3.
G & T Office Equipment 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 G & T Office Equipment’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;
G & T Office Equipment
17 May 2017
“the Authority” means the Financial Conduct Authority;
“the Decision Notice” means the Decision Notice issued to G & T Office Equipment
dated 12 April 2017;
“G & T Office Equipment’s Part 4A permission” means the permission granted by
the Authority to G & T Office Equipment pursuant to Part 4A of the Act;
“the Return” means the CCR007 return for the period ended 30 March 2016,
which G & T Office Equipment was due to submit to the Authority by 12 May
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 G & T Office Equipment
dated 23 March 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 G & T Office
Equipment is failing to satisfy the suitability Threshold Condition, in that the
Authority is not satisfied that G & T Office Equipment is a fit and proper person
having regard to all the circumstances, including whether G & T Office Equipment
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 G & T Office Equipment has failed to comply with the regulatory
requirement to submit the Return. G & T Office Equipment has not been open and
co-operative in all its dealings with the Authority, in that G & T Office Equipment
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 G & T Office Equipment’s
suitability, lead the Authority to conclude that G & T Office Equipment 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 G & T Office Equipment 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.
G & T Office Equipment
17 May 2017
IMPORTANT
10.
This Final Notice is given to G & T Office Equipment 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 G & T Office Equipment 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 Jade
Flaherty at the Authority (direct line: 020 7066 2072).
John Kirby
Enforcement and Market Oversight Division