Final Notice
FINAL NOTICE
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Mohammed Dudu Miah.
2.
The Authority gave Mohammed Dudu Miah a Decision Notice on 12 May 2014
(“the Decision Notice”) which notified him that for the reasons given below and
pursuant to Regulation 10(1)(j) of the PSR, the Authority had decided to cancel
the registration granted to Mohammed Dudu Miah.
3.
Mohammed Dudu Miah has not referred the matter to the Tribunal within 28 days
of the date on which the Decision Notice was given to him.
4.
Accordingly, the Authority has today cancelled Mohammed Dudu Miah’s
registration.
DEFINITIONS
5.
The definitions below are also used in this Final Notice:
“the Act” means the Financial Services and Markets Act 2000;
“the Authority” means the body corporate previously known as the Financial
Services Authority and renamed on 1 April 2013 as the Financial Conduct
Authority;
“the Information” means the information specified in paragraphs 1, 7, 8 and 9 of
Schedule 2 of the PSR, and which was required to be provided by Mohammed
Dudu Miah to the Authority under Regulation 125A(2) of the PSR;
“Mohammed Dudu Miah’s registration” means the registration granted by the
Authority to Mohammed Dudu Miah as a SPI under the PSR;
“the PSR” means the Payment Services Regulations 2009;
“SPI” means Small Payment Institution; and
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber).
REASONS FOR THE ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice issued to Mohammed Dudu Miah dated 2 April 2014, and in the Decision
Notice, the Authority has concluded that Mohammed Dudu Miah, a SPI registered
by the Authority to conduct payment services business under the PSR, has failed
to submit material information to the Authority, despite repeated requests by the
Authority that he does so. The Information which has not been submitted is
material because it is specifically required to be provided by Mohammed Dudu
Miah under Regulation 125A(2) of the PSR to enable the Authority to assess
whether Mohammed Dudu Miah meets the ‘fit and proper’ requirements
applicable to him (following amendments to the PSR on 1 October 2012).
7.
As Mohammed Dudu Miah has failed to comply with Regulation 125A(2), the
Authority has cancelled his registration as a SPI, in accordance with Regulation
10(1)(j) of the PSR (as applied by Regulation 14).
DECISION MAKER
8.
The decision which gave rise to the obligation to give this Final Notice was made
by a Deputy Chairman of the Regulatory Decisions Committee.
IMPORTANT
9.
This Final Notice is given to Mohammed Dudu Miah in accordance with section
390(1) of the Act (as applied by paragraph 7(b) of Part 1 of Schedule 5 to the
PSR).
10.
Section 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
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publish information if such publication would, in the opinion of the Authority, be
unfair to Mohammed Dudu Miah or prejudicial to the interest of consumers.
11.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.
Authority contact
12.
For more information concerning this matter generally, Mohammed Dudu Miah
should contact Donovan Thorpe-Davis at the Authority (direct line: 020 7066
8678).
John Kirby
Enforcement and Financial Crime Division