1

NOTICE OF DECISION

To:


K L S (UK) Limited  
 
FRN:


810076 
 
Dated:

13 October 2023

ACTION

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

2.
The effect of the cancellation is that KLS 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;

“the Authority” means the Financial Conduct Authority;


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“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;

“the Further Notice” means the further notice issued by the Authority to KLS dated 14
September 2023;

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


“KLS” means K L S (UK) Limited;

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

“the Notice” means the notice issued by the Authority to KLS dated 6 July 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 CR007 return for the periods between 1 August 2019 and 31 July
2022 which KLS was due to submit to the Authority between 14 September 2020 and 12
September 2022;

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


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

FACTS AND MATTERS

4.
KLS was authorised by the Authority on 8 June 2018 and has Part 4A permission to conduct
the following regulated activities in relation to consumer credit: 

i.
agreeing to carry on a regulated activity; and
ii.
credit broking

5.
Under SUP 16.3.13R, 16.12.3R, SUP 16.12.4R and SUP 16.12.29CR, KLS is required to submit
the Returns to the Authority by the relevant due date. However, KLS has failed to submit the
Returns to the Authority. The Authority therefore considers that KLS 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.

6.
Furthermore, under SUP 16.10.4R, 16.10.4AR and 16.10.14AAR, KLS is required to submit the
FDA to the Authority by the relevant due date. However, KLS has failed to submit the FDA to
the Authority.

7.
On 6 July 2023, the Authority gave KLS the Notice which stated that:

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


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

8.
KLS failed to respond to the Notice.

9.
As a result of the matters specified above, on 14 September 2023, the Authority gave KLS the
Further Notice which stated that:

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

b) the Authority proposes to cancel KLS’s Part 4A permission on 13 October 2023 unless
KLS takes the steps specified in the directions to the Further Notice.

10.
KLS failed to take the steps specified in the Further Notice.

CANCELLATION OF PART 4A PERMISSION

11.
From the facts and matters described above, and having regard to paragraph 1(3) of Schedule
6A to the Act, the Authority considers that KLS is carrying on no regulated activity to which its
Part 4A permission relates. The Authority has therefore decided to cancel KLS’s Part 4A
permission. The cancellation of KLS’s Part 4A permission takes effect on the date of this Notice
of Decision.

12.
The statutory and regulatory provisions relevant to this Notice of Decision are set out in the
Annexes.

PROCEDURAL MATTERS



13.
This Notice of Decision is given to KLS 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

14.
If KLS is aggrieved by the decision to cancel its Part 4A permission as set out in this Notice of
Decision, KLS may make an application for an annulment of the Authority’s decision under
paragraph 4 of Schedule 6A to the Act.

15.
KLS must submit a completed application for an annulment of the Authority’s decision to the
Authority by 12 October 2024 and in the manner specified by the Authority

The Tribunal

16.
KLS does not have a right to refer the decision to give this Notice of Decision to the Tribunal.

Publicity

17.
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.


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Authority Contact

18.
For more information concerning this matter generally, KLS should contact Hana Ashraf (direct
line: 020 7066 3147).


Jeremy Parkinson
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 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

10.
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.”

11.
SUP 16.3.13R(4) states that:


“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.”

12.
The specific reporting requirements for KLS 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

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which KLS is required to submit, according to the regulated activities which KLS 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)

(SUP 16.12.29CR)


30 business days
(SUP 16.12.29CR)

13.
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.”

14.
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.”

15.
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.”

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

16.
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.

17.
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.


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18.
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.

19.
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.

20.
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 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.


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21.
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.