Final Notice
FINAL NOTICE
To:
Lilia Pumfrett (trading as World Guitars)
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against Ms Pumfrett.
2.
The Authority issued to Ms Pumfrett the Decision Notice which notified her that for
the reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel Ms Pumfrett’s Part 4A permission.
3.
Ms Pumfrett has not referred the matter to the Tribunal within 28 days of the date
on which the Decision Notice was issued to her.
4.
Accordingly, the Authority has today cancelled Ms Pumfretts’ Part 4A permission.
DEFINITIONS
5.
The definitions below are used in this Final Notice:
“the Act” means the Financial Services and Markets Act 2000;
“the Authority” means the Financial Conduct Authority;
“the Decision Notice” means the Decision Notice issued to Ms Pumfrett dated 22
August 2019;
“Ms Pumfrett’s Part 4A permission” means the permission granted by the Authority
to Ms Lilia Pumfrett pursuant to Part 4A of the Act;
“the Return” means the CCR007 return for the period ended 30 November 2018,
which Ms Pumfrett was due to submit to the Authority by 16 January 2019;
“the suitability Threshold Condition” means the Threshold Condition set out 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 Ms Pumfrett dated 30
July 2019.
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 Ms Pumfrett is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Ms Pumfrett is a fit and proper person having regard to all the
circumstances, including whether Ms Pumfrett managed her business in such a way
as to ensure that her affairs were conducted in a sound and prudent manner.
7.
This is because Ms Pumfrett has failed to comply with the regulatory requirement
to submit the Return. Ms Pumfrett has not been open and co-operative in all her
dealings with the Authority, in that Ms Pumfrett has failed to respond adequately
to the Authority's repeated requests for her to submit the Return, and has thereby
failed to comply with Principle 11 of the Authority's Principles for Businesses and to
satisfy the Authority that she 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 Ms Pumfrett’ suitability, lead
the Authority to conclude that Ms Pumfrett has failed to manage her business in
such a way as to ensure that her affairs are conducted in a sound and prudent
manner, that she is not a fit and proper person, and that she is therefore failing to
satisfy the Threshold Conditions in relation to the regulated activities for which Ms
Pumfrett was granted a Part 4A permission.
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 Ms Pumfrett in accordance with section 390(1) of the
Act.
Publicity
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 Ms Pumfrett 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.
Authority Contact
13.
For more information concerning this matter generally, please contact Stephanie
French at the Authority (direct line: 020 7066 6822).
Anna Couzens
Enforcement and Market Oversight Division