NOTICE OF DECISION TO CANCEL

To:

HouseMaids4You Ltd

ACTION

1.
For the reasons set out below and under regulation 60(3)(a) of the MLR, the Authority
has decided to cancel HM4YL’s Registration.

REASONS FOR THE ACTION

2.
HM4YL has failed to pay a charge imposed by the Authority. The Authority may cancel
HM4YL’s Registration under regulation 60(3)(a) of the MLR, on the basis of the condition
in regulation 59(1)(c)(iii) (which concerns the payment of charges and to which
regulation 60(3)(a) refers).

DEFINITIONS

3.
In this Notice (and in the Annex)—

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

“Annex 1 financial institution” has the meaning given in regulation 55(2) of the MLR;

“the Authority” means the Financial Conduct Authority;

“EG” means the Enforcement Guide;

“HM4YL” means HouseMaids4You Ltd;

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“HM4YL’s Registration” means the registration by the Authority for HM4YL as an Annex
1 financial institution under the MLR;

“the MLR” means the Money Laundering, Terrorist Financing and Transfer of Funds
(Information on the Payer) Regulations 2017; and

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

RELEVANT STATUTORY PROVISIONS

4.
The statutory and regulatory provisions relevant to this Notice are set out in the Annex.

FACTS AND MATTERS RELIED ON

5.
HM4YL was registered by the Authority on 19 June 2015 as an Annex 1 financial
institution.

6.
HM4YL has failed to pay a charge to the Authority of £433, which was due for payment
by 16 October 2016.

7.
By its Notice of Proposed Cancellation dated 4 July 2018, the Authority gave notice that
it proposed to cancel HM4YL’s Registration and HM4YL was given the opportunity to make
representations to the Authority about that proposed action.

8.
Regulation 60(9) of the MLR requires the Authority then to decide whether to cancel
HM4YL’s registration.

9.
No representations have been received by the Authority from HM4YL within the time
allowed by the Notice of Proposed Cancellation. The Authority has therefore decided to
cancel HM4YL’s Registration for the reasons described above. The cancellation of HM4YL
will take effect on 7 September 2018.

PROCEDURAL MATTERS

Decision maker

10.
The decision which gave rise to the obligation to give this Notice of Decision to Cancel
was made by the Chair of the Regulatory Decisions Committee.

11.
This Notice of Decision to Cancel is given to HM4YL under Regulation 60(9)(b) and is
being served on HM4YL at the address last notified to the Authority as HM4YL’s principal
place of business.

The Tribunal

12.
HM4YL has the right to appeal the decision to cancel to the Tribunal. The Tax and
Chancery Chamber is the part of the Upper Tribunal which, among other things, hears
appeals arising from decisions of the Authority. Under paragraph 2(2) of Schedule 3 to
the Tribunal Procedure (Upper Tribunal) Rules 2008, HM4YL has 28 days from the date
on which this Notice is given to HM4YL to refer the appeal to the Tribunal.

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13.
An appeal to the Tribunal is made by way of a signed reference notice (Form FTC3) filed
with a copy of this Notice. The Tribunal’s contact details are: Upper Tribunal, (Tax and
Chancery Chamber), Fifth Floor, Rolls Building, Fetter Lane, London, EC4A 1NL (tel: 020
7612 9730; email: fs@hmcts.gsi.gov.uk.


14.
Further information on the Tribunal can be found on the HM Courts and Tribunals Service
website. The following page includes guidance on making a reference to the Tribunal,
the relevant form to complete (Form FTC3) and notes on that form:

15.
A copy of Form FTC3 must also be sent to Funmi Ojo at the Authority, 25 The North
Colonnade, Canary Wharf, London E14 5HS at the same time as filing a reference with
the Upper Tribunal.

Access to evidence

16.
A schedule of the material upon which the Authority has relied in deciding to give HM4YL
this Notice was given to HM4YL with the Notice of Proposed Cancellation.

Confidentiality and publicity

17.
This Notice may contain confidential information and should not be disclosed to a third
party (except for the purpose of obtaining advice on its contents).

18.
However, the Authority may publish such information about the matter to which a Notice
served under Regulation 60(9) relates as it considers appropriate. The information
published may contain reference to the facts and matters contained in this Notice.

Contacts

19.
For more information concerning this matter generally, HM4YL should contact Funmi Ojo
at the Authority (direct line: 020 7066 1354).

Tim Parkes
Chair, Regulatory Decisions Committee

ANNEX

RELEVANT STATUTORY PROVISIONS

1. Regulation 35(1) of the Money Laundering Regulations 2007 provided:

“The Authority […] may impose charges—

(a) on applicants for registration;

(b) on relevant persons supervised by them.”

2. Regulation 55(1) of the MLR provides:

“The [Authority] may maintain a register of Annex I financial institutions.”

3. Regulation 55(6) of the MLR provides:

“The register maintained by the registering authorities must include entries in any
equivalent registers maintained under regulation 32 of the Money Laundering
Regulations 2007 which were current immediately before the date that regulation
was revoked.”

4. Regulation 59(1) of the MLR provides:

“Subject to regulation 58, the registering authority may refuse to register an
applicant for registration in a register maintained under regulation 54 or 55 only
if—

(c) the applicant has failed to pay […]

(iii) a penalty or charge imposed under regulation 35(1) or 42(1) of

the Money Laundering Regulations 2007.”

5. Regulation 60(3) of the MLR provides:

“The registering authority may […] cancel a person’s registration in a register
maintained by it under regulation 54 or 55 if, at any time after registration—

(a) it appears to the authority that any of paragraphs (a) to (e) of

regulation 59(1) apply;

[…].”

6. Regulation 60(8) of the MLR provides:

“Where the FCA is minded to suspend or cancel a person’s registration it must
give that person notice—

(a) that it is so minded;

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(b) if appropriate, the proposed period of the suspension;

(c) the reasons for being so minded; and

(d) the right to make representations to it within the period specified in

the notice (which must not be less than 28 days).”

7. Regulation 60(9) of the MLR provides:

“The FCA must then decide, within a reasonable period, whether to suspend or
cancel the person’s registration and it must give that person notice of—

(a) its decision not to be suspend or cancel the person’s registration; or

(b) the following matters-

i. the decision to suspend or cancel the person’s registration and,

subject to paragraph 10, the date from which the suspension or
cancellation takes effect;


ii. the period of the suspension;

iii. the reasons for its decision; and

iv. the right to appeal under regulation 93.”

OTHER RELEVANT REGULATORY PROVISIONS

8. The Authority’s policy in relation to exercising its enforcement powers is set out in EG, the

relevant provisions of which are summarised below.

9. EG 19.14.7 provides that, in relation to the MLR, the Authority has decided to adopt

enforcement and decision-making procedures, in relation to the use of its investigation and
sanctioning powers, broadly akin to those it has under the Act. The types of circumstances
in which the Authority will consider cancelling a firm’s Part 4A Permission under the Act
include non-payment of Authority fees: EG 8.5.2(5).