Final Notice

On , the Financial Conduct Authority issued a Final Notice to Habibur Rahman

FINAL NOTICE

1.
For the reasons listed below and pursuant to Regulation 10(1)(h) (as applied by
Regulation 14) of the PSR, the Authority has decided to cancel the registration
granted to Habibur Rahman as a small payment institution under the PSR (“Habibur
Rahman’s registration”).

2.
The Authority gave Habibur Rahman a Decision Notice on 9 April 2014 (“the Decision
Notice”) which notified him that for the reasons given below and pursuant to
Regulation 10(1)(h) of the PSR, the Authority had decided to cancel the registration
granted to Habibur Rahman as a small payment institution under the PSR.

3.
Habibur Rahman 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 Habibur Rahman’s registration as a
small payment institution.

DEFINITIONS

5.
The definitions below are also 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;

2

“the PSR” means the Payment Services Regulations 2009;

“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 the Warning
Notice given to Habibur Rahman dated 19 March 2014, and in the Decision Notice,
the Authority has concluded that Habibur Rahman has failed to pay fees and levies
totalling £445 owed to the Authority, which were due for payment by 28 August
2013, and to respond adequately to the Authority’s repeated requests that he pays
the fees and levies. These failings lead the Authority to conclude that Habibur
Rahman has failed to demonstrate a readiness and willingness to comply with his
ongoing regulatory obligations and to deal with the Authority in an open and co-
operative way. Therefore it is desirable to cancel Habibur Rahman’s registration as a
small payment institution in order to protect the interests of consumers, in
accordance with Regulation 10(1)(h) of the PSR (as applied by Regulation 14).

DECISION MAKER

7.
The decision which gave rise to the obligation to give this Final Notice was made by
the Regulatory Decisions Committee.

IMPORTANT

8.
This Final Notice is given to Habibur Rahman in accordance with section 390(1) of the
Act (as applied by paragraph 7(b) of Part 1 of Schedule 5 to the PSR).

9.
Sections 391(4), 391(6) and 391(7) of the Act (as applied by paragraph 7(c) of Part
1 of Schedule 5 of the PSR) apply to the publication of information about the matter
to which this Final Notice relates. Under those provisions, 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 Habibur
Rahman or prejudicial to the interests of consumers.

10.
The Authority intends to publish such information about the matter to which this Final
Notice relates as it considers appropriate.

11.
For more information concerning this matter generally, please contact Evan
Cheminais at the Authority (direct line: 0207 066 7232).

John Kirby
Enforcement and Financial Crime Division


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