Final Notice
FINAL NOTICE
Dated: 11 May 2016
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Made 2 Measure.
2.
The Authority issued to Made 2 Measure the Decision Notice which notified Made
2 Measure that for the reasons given below and pursuant to section 55J of the
Act, the Authority had decided to cancel Made 2 Measure’s permission.
3.
Made 2 Measure has not referred the matter to the Tribunal within 28 days of the
date on which the Decision Notice was issued to it.
4.
Accordingly, the Authority has today cancelled Made 2 Measure’s 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 Made 2 Measure dated
5 April 2016;
“Made 2 Measure” means Made 2 Measure Fitted Furniture Limited;
“Made 2 Measure’s permission” means the permission granted by the Authority to
Made 2 Measure pursuant to Part 4A of the Act;
“the Return” means the CCR007 return for the period ended 31 August 2015,
which Made 2 Measure was due to submit to the Authority by 12 October 2015;
“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; and
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber).
REASONS FOR ACTION
6.
On the basis of the facts and matters and conclusions described in its Warning
Notice issued to Made 2 Measure dated 10 March 2016 and in the Decision Notice,
it appears to the Authority that Made 2 Measure is failing to satisfy the suitability
Threshold Condition, in that the Authority is not satisfied that Made 2 Measure is
a fit and proper person having regard to all the circumstances, including whether
Made 2 Measure managed its business in such a way as to ensure that its affairs
were conducted in a sound and prudent manner.
7.
This is because Made 2 Measure has failed to comply with the regulatory
requirement to submit the Return. Made 2 Measure has not been open and co-
operative in all its dealings with the Authority, in that Made 2 Measure has failed
to respond adequately to the Authority's repeated requests for it 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 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 Made 2 Measure’s
suitability, lead the Authority to conclude that Made 2 Measure 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 Made 2 Measure 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 Made 2 Measure 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 Made 2 Measure 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 Jade
Flaherty at the Authority (direct line: 020 7066 2072).
John Kirby
Enforcement and Market Oversight Division