Final Notice
FINAL NOTICE
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Manna Sha'Meyn Oriental Limited (“Manna Sha'Meyn”).
2.
The Authority (the body corporate previously known as the Financial Services
Authority and renamed on 1 April 2013 as the Financial Conduct Authority) gave
Manna Sha’Meyn a Decision Notice on 24 September 2013 (the “Decision Notice”)
which notified Manna Sha’Meyn that for the reasons given below and pursuant to
Regulation 10(1)(h) of the Payment Services Regulations 2009 (the “PSR”), the
Authority had decided to cancel the registration granted to Manna Sha’Meyn as a
small payment institution under the PSR.
3.
Manna Sha’Meyn has not referred the matter to the Upper Tribunal (Tax and
Chancery Chamber) within 28 days of the date on which the Decision Notice was
given to Manna Sha’Meyn.
4.
Accordingly, the Authority has today cancelled Manna Sha’Meyn’s registration as
a small payment institution.
REASONS FOR ACTION
5.
On the basis of the facts and matters and conclusions described in the Warning
Notice dated 2 September 2013 (the “Warning Notice”), and in the Decision
Notice, the Authority has concluded that Manna Sha’Meyn has failed to submit the
Payment Services Directive Transactions return (the “FSA057”), for the period
ended 31 December 2012 (which was due to be submitted to the Authority by 31
January 2013), and to respond adequately to repeated Authority requests that it
submit the FSA057.
6.
These failings lead the Authority to conclude that Manna Sha’Meyn has failed to
comply with the requirement that it submit the FSA057 to the Authority, that
Manna Sha’Meyn has failed to demonstrate a readiness and willingness to comply
with its ongoing regulatory obligations and to deal with the Authority in an open
and co-operative way. It is therefore desirable to cancel Manna Sha’Meyn’s
registration as a small payment institution in order to protect the interests of
consumers, in accordance with Regulation 10(1)(h) of the PSR (as applied by
Regulation 14).
DECISION MAKER
7.
The decision which gave rise to the obligation to give this Final Notice was made
by the Regulatory Decisions Committee.
8.
This Final Notice is given to Manna Sha’Meyn in accordance with section 390(1) of
the Financial Services and Markets Act 2000 (the “Act”) (as applied by paragraph
7(b) of Part 1 of Schedule 5 to the PSR).
PUBLICITY
9.
Sections 391(4), 391(6) and 391(7) of the Act (as applied by paragraph 7(c) of
Part 1 of Schedule 5 of the PSR) apply to the publication of information about the
matter to which this Final Notice relates. Under those provisions, 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 Manna Sha’Meyn or prejudicial to the interests of consumers.
10.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.
AUTHORITY CONTACT
11.
For more information concerning this matter generally, please contact Mark
Matisz at the Authority (direct line: 020 7066 2190).
John Kirby
Enforcement and Financial Crime Division