Final Notice
FINAL NOTICE
To:
Malcolm Thomas Shapcott trading as Independent Solutions
Dated:
2 March 2012
1.
ACTION
1.1
For the reasons set out in this Final Notice, the Financial Services Authority of 25 The
North Colonnade, Canary Wharf, London E14 5HS (the "FSA") hereby takes the
following action against Malcolm Thomas Shapcott trading as Independent Solutions
(“Mr Shapcott”).
1.2
The FSA gave Mr Shapcott a Decision Notice on 1 February 2012 (the “Decision
Notice”), which notified him that, for the reasons given below and pursuant to section
45 of the Financial Services and Markets Act 2000 (the “Act”), the FSA had decided
to cancel the permission granted to Mr Shapcott under Part IV of the Act (“Mr
Shapcott’s Part IV permission”).
1.3
Mr Shapcott has not referred the matter to the Upper Tribunal (Tax and Chancery
Division) within 28 days of the date on which the Decision Notice was given to Mr
Shapcott. Accordingly, the FSA has today cancelled Mr Shapcott’s Part IV
permission.
2.
REASONS FOR ACTION
2.1
On the basis of the facts and matters and conclusions described in the Warning Notice
issued to Mr Shapcott dated 21 December 2011, and in the Decision Notice, it appears
to the FSA that Mr Shapcott is failing to satisfy the threshold conditions set out in
Schedule 6 to the Act (the "Threshold Conditions").
2.2
This is because Mr Shapcott has failed to pay fees and levies of £1,317.88 owed to the
FSA, despite repeated FSA requests that he do so.
2.3
This failing, which is significant in the context of Mr Shapcott’s suitability, leads the
FSA to conclude that Mr Shapcott is not conducting his business soundly and
prudently and in compliance with proper standards and that he is not a fit and proper
person, and that Mr Shapcott is therefore failing to satisfy the Threshold Conditions in
relation to the regulated activities for which he has had Part IV permission.
3.
DECISION MAKER
3.1
The decision which gave rise to the obligation to give this Final Notice was made by
the Regulatory Decisions Committee.
4.
IMPORTANT
4.1
This Final Notice is given to Mr Shapcott in accordance with section 390(1) of the
Act.
4.2
Sections 391(4), 391(6) and 391(7) of the Act apply to the publication of information
about the matter to which this Final Notice relates. Under those provisions, the FSA
must publish such information about the matter to which this Final Notice relates as
the FSA considers appropriate. The information may be published in such manner as
the FSA considers appropriate. However, the FSA may not publish information if
such publication would, in the opinion of the FSA, be unfair to Mr Shapcott or
prejudicial to the interests of consumers.
4.3
The FSA intends to publish this Final Notice and such information about the matter to
which this Final Notice relates as it considers appropriate.
4.4
For more information concerning this matter generally, please contact Anu Upadhya
at the FSA (direct line: 020 7066 9536/ fax: 020 7066 9537).
John Kirby
FSA Enforcement and Financial Crime Division