1

NOTICE OF DECISION

ACTION

1.
For the reasons given below, the Authority has decided to cancel HCL’s Part 4A permission.
The cancellation takes effect on the date of this Notice of Decision.

2.
The effect of the cancellation is that HCL no longer has permission to carry on any regulated
activities.

DEFINITIONS

3.
The definitions below are used in this Notice of Decision (and in the Annex):

“the Act” means the Financial Services and Markets Act 2000;

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“the Authority” means the Financial Conduct Authority;

“EG” means the Enforcement Guide;

“FDA” means the Firm Details Attestation which Authority-authorised firms are required to
submit to the Authority under SUP 16.10;

“FEES” means the Authority’s FEES Manual, part of the Handbook;

“FSCS” means the Financial Services Compensation Scheme;

“the Further Notice” means the further notice issued by the Authority to HCL dated 20 July
2023;

“the general levy” means the levy a firm must pay to the Authority towards the costs of
operating the compulsory jurisdiction of the Financial Ombudsman Service;

“the Handbook” means the Authority’s Handbook of rules and guidance;

“HCL” means Harrison C Limited;

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

“the IML levy” means the Illegal Money Lending levy;

“the Notice” means the notice issued by the Authority to HCL dated 14 June 2023;

“Part 4A permission” means permission to conduct regulated activities, granted by the
Authority under Part 4A of the Act;

“RAG” means regulated activity group as referred to in SUP;

“the Returns” means the CCR003 and CCR007 returns for the period ended 31 March 2022
which HCL was due to submit to the Authority by 17 May 2022;

“SFGB Levy” means the Single Financial Guidance Body Levy;

“SUP” means the Supervision Manual, part of the Handbook; and

“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber).

FACTS AND MATTERS

4. HCL was authorised by the Authority on 18 May 2018 and has a Part 4A permission to
conduct the following regulated activities:

i.
agreeing to carry on a regulated activity;
ii.
entering into regulated credit agreement as lender (excluding high-cost short-term
credit, bill of sale agreement, and home collected credit agreement); and

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iii.
exercising/having right to exercise lender’s rights and duties under a regulated credit
agreement (excluding high-cost short-term credit, bill of sale agreement, and home
collected credit agreement).

5.
HCL has failed to pay periodic fees and levies owed to the Authority as required under the
Handbook under the rules set out in FEES 4.2.1R, 4.3.1R, 5.7.1R, 6.7.1R, 6.7.3R, 7A.3.1R
and 13.2.1R. In particular, HCL has failed to pay an invoice dated 23 September 2020 for
periodic fees and levies of £164.97 which had been due for payment by 22 December 2020.

6.
Furthermore, under SUP 16.3.13R, 16.12.3R, SUP 16.12.4R and SUP 16.12.29CR, HCL is
required to submit the Returns to the Authority by the relevant due date. However, HCL has
failed to submit the Returns to the Authority. In addition, under SUP 16.10.4R, 16.10.4AR
and 16.10.14AAR, HCL is required to submit the FDA to the Authority by the relevant due
date. However, HCL has failed to submit the FDA to the Authority.

7.
The Authority therefore considers that HCL has failed to provide information to the Authority
as is required by the Handbook, namely the information it is required to provide in the
Returns and FDA.

8.
On 14 June 2023, the Authority gave HCL the Notice which stated that:

(a)
it appears to the Authority that HCL is carrying on no regulated activity to which its
Part 4A permission relates; and

(b)
the Authority may take action to cancel HCL’s Part 4A permission unless it responds
to the Notice in the manner specified in the directions to the Notice.

9.
HCL failed to respond to the Notice.

10.
As a result of the matters specified above, on 20 July 2023, the Authority gave HCL the
Further Notice which stated that:

a) the Authority considered that HCL is carrying on no regulated activity to which its
Part 4A permission relates; and

b) the Authority proposes to cancel HCL’s Part 4A permission on 14 August 2023 unless
HCL takes the steps specified in the directions to the Further Notice.

11.
HCL failed to take the steps specified in the Further Notice.

CANCELLATION OF PART 4A PERMISSION

12.
From the facts and matters described above, and having regard to paragraph 1(3) of
Schedule 6A to the Act, the Authority considers that HCL is carrying on no regulated activity
to which its Part 4A permission relates. The Authority has therefore decided to cancel HCL’s
Part 4A permission. The cancellation of HCL’s Part 4A permission takes effect on the date of
this Notice of Decision.

13.
The statutory and regulatory provisions relevant to this Notice of Decision are set out in the
Annexes.




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PROCEDURAL MATTERS



14.
This Notice of Decision is given to HCL under paragraph 3 of Schedule 6A to the Act (variation
or cancellation of Part 4A permission on initiative of FCA: additional power).

The following paragraphs are important.

Annulment of the Authority’s decision

15.
If HCL is aggrieved by the decision to cancel its Part 4A permission as set out in this Notice
of Decision, HCL may make an application for an annulment of the Authority’s decision under
paragraph 4 of Schedule 6A to the Act.

16.
HCL must submit a completed application for an annulment of the Authority’s decision to
the Authority by 13 August 2024 and in the manner specified by the Authority.

The Tribunal

17.
HCL does not have a right to refer the decision to give this Notice of Decision to the Tribunal.

Publicity

18.
The Authority intends to publish such information about the matter to which this Notice of
Decision relates as the Authority considers appropriate. The information may be published
in such manner as the Authority considers appropriate.

Authority Contact

19.
For more information concerning this matter generally, HCL should contact Amrita Boora-
Takher (direct line: 020 7066 3972).


Anna Couzens
Enforcement and Market Oversight Division



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ANNEX ON CANCELLATION OF PART 4A PERMISSION ON INITIATIVE OF FCA:

ADDITIONAL POWER

RELEVANT STATUTORY PROVISIONS

1.
The Authority’s operational objectives established in section 1B of the Act include protecting
and enhancing the integrity of the UK financial system and securing an appropriate degree
of protection for consumers.

2.
The Authority is authorised by paragraphs 1(1) and (2) of Schedule 6A to the Act to cancel
an Authority-authorised person’s Part 4A permission, if it appears to the Authority that the
Authority-authorised person is carrying on no regulated activity to which the permission
relates.

3.
Paragraph 1(3) of Schedule 6A of the Act provides that the circumstances in which the
Authority may form the view that an Authority-authorised person is carrying on no regulated
activity include (but are not limited to) circumstances where the person fails—

(a)
to pay any periodic fee or levy as is required by the Handbook, or

(b)
to provide such information to the Authority as is required by the Handbook.

4.
The Authority must exercise its power to cancel an Authority-authorised person’s Part 4A
permission using its additional own initiative power in accordance with the procedure set out
in paragraph 2 of Schedule 6A to the Act.

RELEVANT HANDBOOK PROVISIONS

5.
In exercising its power to cancel an Authority-authorised person’s Part 4A permission, the
Authority must have regard to the regulatory requirements and guidance published in the
Handbook and in regulatory guides, such as EG. The main considerations relevant to the
action stated in this Notice of Decision are set out below.

Relevant Rules

6.
FEES 4.2.1R requires that:

“A person shown in column (1) of the table in FEES 4.2.11 R as the relevant fee
payer must pay each periodic fee applicable to it, calculated in accordance with the
provisions referred to in column (2) of the applicable table, as adjusted by any
relevant provision in this chapter:

(1)
in full and without deduction (unless permitted or required by a provision in
FEES); and

(2)
on or before the date given in column (3) of that table, unless FEES 4.2.10
R applies.”

7.
FEES 4.3.1R states that:

“The periodic fee payable by a firm (except an AIFM qualifier, ICVC or a UCITS
qualifier) is:

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(1)
each periodic fee applicable to it calculated in accordance with FEES 4.3.3
R, using information obtained in accordance with FEES 4.4; plus

(1A)
any periodic fee applicable to it calculated in accordance with FEES 4.3.3A R
using information relating to its UK business obtained in accordance with
FEES 4.4 (or by other means in the case of the Bank of England); less

(2)
any deductions from the periodic fee specified in Part 2 of FEES 4 Annex 2AR
or Part 7 of FEES 4 Annex 11R.”

10.
FEES 5.7.1R requires that:


“A firm must pay annually to the [Authority] the general levy on or before the later
of 1 April and 30 calendar days after the date when the invoice is issued by the
[Authority].”

11.
FEES 6.7.1R requires that:

“A participant firm that is not within FEES 6.7.-1R, must pay its share of any levy
made by the FSCS in one payment”.

12.
FEES 6.7.3R states that:

“A participant firm's share of a levy to which FEES 6.7.1R applies is due on, and
payable within 30 days of, the date when the invoice is issued.”

13.
FEES 7A.3.1R requires that:

“A firm must pay the SFGB money advice levy or SFGB debt advice levy applicable
to it:

(1)
in full and without deduction (unless permitted or required by a provision in
FEES); and

(2)
by 1 August or, if later, within 30 days of the date of the invoice in the fee
year to which that sum relates.

14.
FEES 13.2.1R requires that:

“A firm must pay each IML levy applicable to it:

(1)
in full and without deduction by 1 August (or, if later, within 30 days of the
date of the invoice) in the financial year to which the sum relates; and

(2)
in accordance with the rules in this chapter.

15.
SUP 16.3.13R(1) requires that:

“A firm must submit a report required by this chapter in the frequency, and so as to
be received by the [Authority] no later than the due date, specified for that report.”

16.
SUP 16.3.13R(4) states that:

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“If the due date for submission of a report required by this chapter is a set period
of time after the end of a half-year, a quarter, or a month, the dates will be
determined by (a) or (b) below except where otherwise indicated:


(a) the firm's accounting reference date;


(b) monthly, 3 monthly or 6 months after the firm's accounting reference date, as
the case may be.”

17.
The specific reporting requirements for HCL are set out in SUP 16.12.3R, SUP 16.12.4R and
SUP 16.12.29CR which stipulate the type, frequency and due date of the regulatory report
which HCL is required to submit, according to the regulated activities which HCL has
permission to conduct:


RAG Number
Return(s)
applicable

(Relevant rule)

Frequency of
return(s) to be
submitted

(Relevant rule)

Due date of
return(s) to be
submitted

(Relevant rule)

RAG 12
(Credit-related
regulated
activity)


CCR003;
CCR007.
(SUP 16.12.29CR)


Annually
(SUP
16.12.29CR)

30 business days
(SUP 16.12.29CR)

18.
SUP 16.10.4R specifies that:

“(1) Within 60 business days of its accounting reference date, a firm must check
the accuracy of its firm details through the relevant section of the [Authority]
website.

[…]

(3) If any of the details are incorrect, the firm must submit the corrected firm details
to the [Authority] using the appropriate form set out in SUP 15 Ann 3 and in
accordance with SUP 16.10.4AR.”

19.
SUP 16.10.4AR(1) specifies that:

“A firm must submit any corrected firm details under SUP 16.10.14R(3) using the
appropriate online systems accessible through the [Authority’s] website.”

20.
SUP 16.10.14AAR, which applies where, in complying with SUP 16.10.14R(1), a firm does
not need to submit corrected firm details under SUP 16.10.14R(3), specifics that:

“(2) Within 60 business days of its accounting reference date, a firm must submit
a report to the [Authority] confirming that the firm details which it has checked
under SUP 16.10.14R(1) remain accurate, using the appropriate online systems
accessible through the [Authority’s] website.”


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Guidance concerning the use of the Authority’s additional power to cancel an
authorised firm’s Part 4A permission on its own initiative

21.
Guidance on the use of the Authority’s power to cancel an Authority-authorised person’s
Part 4A permissions on its own initiative under Schedule 6A to the Act is set out in SUP and
EG.

22.
EG 8.5.2A states that the Authority may cancel the Part 4A permission of a firm that is an
Authority-authorised person, under Schedule 6A of the Act, if:

(1) it appears to the Authority that the firm is carrying on no regulated activity to which
the permission relates; and

(2) the firm has failed to respond as directed by the Authority to notices served by the
Authority to the firm under paragraph 2 of Schedule 6A.

23.
EG 8.5.2A also states that Schedule 6A specifies that the Authority may form the view that
a firm is carrying on no such regulated activity on the basis of its failure to pay a periodic
fee or levy or provide information to the Authority, in each case as required by the
Handbook.

24.
SUP sets out further guidance on the Authority’s power under Schedule 6A of the Act. In
particular, SUP 7.2.2AG states that the Authority may decide to cancel an Authority-
authorised person’s Part 4A permission using its powers under Schedule 6A of the Act:

(1) if that person appears to the Authority not to be carrying on any regulated activity
to which the permission relates, including, without restriction, if the person has
failed to:

(a)
pay a periodic fee or levy under the Handbook; or

(b)
provide the Authority with information required under the Handbook; and

(2) if that person, when served by the Authority with two notices under paragraph 2 of
Schedule 6A of the Act, has not:

(a)
responded in the manner directed, in those notices or otherwise, by the
Authority; nor

(b)
taken other steps as may also be directed by the Authority;

the second of which notices will specify the effective date of the proposed
cancellation.

25.
SUP 7.2.2DG states that:

(1) the Authority’s additional own-initiative variation power under Schedule 6A to the
Act (which includes the power to cancel the Part 4A permission of an Authority-
authorised firm under Schedule 6A of the Act and references to “additional own-
initiative variation power in the remainder of this Notice of Decision should be read
as such) has, unlike the Authority’s own-initiative variation power under section
55J of the Act, a single basis: that it appears to the Authority that the relevant

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Authority-authorised person is not carrying on any regulated activity to which its
Part 4A permission relates.

(2) if the Authority uses its additional own-initiative variation power, it is therefore
more likely to cancel the relevant firm’s Part 4A permission, rather than merely
varying it by removing or amending the description of one or more such activities
or by imposing one or more limitations.

(3) the Authority will, however, consider all relevant facts and circumstances,
including, without restriction:

(a) the relevant firm’s responses, if any, to the notices given by the Authority
under paragraph 2 of Schedule 6A; and

(b) if applicable, the factors described in SUP 6.4.22G, including whether there
are any matters relating to the firm requiring investigation,

before deciding whether to use its additional own-initiative variation power and whether to
use it to cancel or vary.

26.
SUP 7.2.7G(1) states that a firm has no right of referral to the Tribunal in respect of the
Authority exercising its additional own-initiative variation power, under Schedule 6A to the
Act, on the Authority-authorised firm’s Part 4A permission.