FINAL NOTICE

To:
Ian Foden

FRN: 675994

Dated: 21 June 2017

ACTION

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

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

3.
Mr Foden has not referred the matter to the Tribunal within 28 days of the date
on which the Decision Notice was issued to him.

4.
Accordingly, the Authority has today cancelled Mr Foden’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;

Ian Foden

21 June 2017

“the Authority” means the Financial Conduct Authority;

“the Decision Notice” means the Decision Notice issued to Mr Foden dated 16 May
2017;

“Mr Foden’s Part 4A permission” means the permission granted by the Authority
to Ian Foden pursuant to Part 4A of the Act;

“the Overdue Balance” means the amount owed by Mr Foden to the Authority
totalling £395, comprising an invoice for £145 in respect of regulatory fees and
levies, which was due for payment by 14 August 2016; and an invoice for £250
administrative fee, which was due for payment by 7 October 2016;

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

“the Return” means the CCR007 (key data) return for the period ended 31 May
2016, which Mr Foden was due to submit to the Authority by 12 July 2016;

“the suitability Threshold Condition” means the threshold condition stated 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 Mr Foden dated 25

April 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 Mr Foden is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Mr Foden is a fit and proper person having regard to all the
circumstances, including whether Mr Foden managed his business in such a way
as to ensure that his affairs were conducted in a sound and prudent manner.

7.
This is because Mr Foden has failed to comply with the regulatory requirements to
submit the Return and pay the Overdue Balance. Mr Foden has not been open
and co-operative in all his dealings with the Authority, in that he has failed to
respond adequately to the Authority's repeated requests for him to submit the
Return and pay the Overdue Balance, and has thereby failed to comply with
Principle 11 of the Authority's Principles for Businesses and to satisfy the
Authority that he 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 Mr Foden’s suitability, lead
the Authority to conclude that Mr Foden has failed to manage his business in such
a way as to ensure that his affairs are conducted in a sound and prudent manner,
that he is not a fit and proper person, and that he is therefore failing to satisfy
the Threshold Conditions in relation to the regulated activities for which Mr Foden
has had a permission.

Ian Foden

21 June 2017

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 Mr Foden in accordance with section 390(1) of the
Act.

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 Mr Foden 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.

13.
For more information concerning this matter generally, please contact Prea Deans
at the Authority (direct line: 020 7066 2272).

John Kirby
Enforcement and Market Oversight Division