FINAL NOTICE

ACTION

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


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


3.
MCL 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 MCL’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 by the Authority to MCL
dated 14 July 2017;

“MCL” means Moto Centre Limited;

“MCL’s Part 4A permission” means the permission granted by the Authority to
Moto Centre Limited pursuant to Part 4A of the Act;

“the Overdue Balance” means the amount owed by MCL to the Authority
comprising an invoice for £250 for an administrative fee for late submission of a
regulatory return, which was due for payment by 9 January 2016; and an invoice
for £145 in respect of annual fees and levies for the period 1 April 2016 to 31
March 2017, which was due for payment by 14 August 2016;

“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 by the Authority to MCL
dated 22 June 2017.


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


7.
MCL 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 MCL 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 MCL’s suitability, lead the
Authority to conclude that MCL 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 MCL 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 MCL 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 Maria Lewis
at the Authority (direct line: 020 7066 0897).

John Kirby
Enforcement and Market Oversight Division