FINAL NOTICE

ACTION

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


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


3.
ML has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was given to it.


4.
Accordingly, the Authority has today cancelled ML’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;

“the Authority” means the Financial Conduct Authority;

“the Decision Notice” means the Decision Notice issued to ML dated 12 October
2016;

“ML” means Macba Limited;

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

pursuant to Part 4A of the Act;

“the Overdue Balance” means the amount owed by ML to the Authority totalling
£569.58, comprising: an invoice dated 30 April 2015 in respect of periodic fees
and levies for £24.58, which was due for payment by 30 May 2015; an invoice
dated 16 October 2015 in respect of periodic fees and levies for £295, which was
due for payment by 15 November 2015; and an invoice dated 17 February 2016
for £250 for late submission of a consumer credit return for the period ended 31
October 2015;

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

“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 ML dated 20 September
2016.

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


7.
ML has failed to pay the Overdue Balance and it has not been open and co-
operative in all its dealings with the Authority, in that ML has failed to respond to
the Authority’s repeated requests for it to pay the Overdue Balance, and has
thereby failed to comply with Principle 11 of the Principles and to satisfy the
Authority that it 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 ML’s suitability, lead the
Authority to conclude that ML has failed to manage its business in such a way as
to ensure that its affairs are conducted in a sound and prudent manner, that it is
not a fit and proper person, and that it is therefore failing to satisfy the Threshold
Conditions in relation to the regulated activities for which it has had a 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 ML under section 55Z and 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 ML 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 Prea Deans
at the Authority (direct line: 020 7066 2272).

John Kirby
Enforcement and Market Oversight Division