FINAL NOTICE

Dated: 5 May 2017


ACTION

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

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

3.
Mr Barney has not referred the matter to the Tribunal within 28 days of the date
on which the Decision Notice was issued to him.

4.
Accordingly, the Authority has today cancelled Mr Barney’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;

“Mr Barney’s Part 4A permission” means the permission granted by the Authority
to Mitchell Barney pursuant to Part 4A of the Act.


Mitchell Barney

5 May 2017

“the Decision Notice” means the Decision Notice issued to Mr Barney dated 27
February 2017;

“the Return” means the CCR007 return for the period ended 31 March 2016,
which Mr Barney was due to submit to the Authority by 13 May 2016;

“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 Mr Barney dated 31
January 2017.


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

7.
This is because Mr Barney has failed to comply with the regulatory requirement to
submit the Return. Mr Barney has not been open and co-operative in all his
dealings with the Authority, in that Mr Barney has failed to respond adequately to
the Authority's repeated requests for him 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 he 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 Mr Barney’s suitability, lead
the Authority to conclude that Mr Barney has failed to manage his business in
such a way as to ensure that his affairs are conducted in a sound and prudent
manner, that he is not a fit and proper person, and that he is therefore failing to
satisfy the Threshold Conditions in relation to the regulated activities for which Mr
Barney 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 Mr Barney in accordance with section 390(1) of the
Act.

Mitchell Barney

5 May 2017

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 Mr Barney 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 Antonella
Pavone at the Authority (direct line: 020 7066 5222).

John Kirby
Enforcement and Market Oversight Division