FINAL NOTICE

ACTION

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



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


3.
Mr Maksymuik 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 Mr Maksymuik’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 Maksymuik’s Part 4A permission” means the permission granted by the

Authority to Mr Maksymuik pursuant to Part 4A of the Act;

“the Decision Notice” means the Decision Notice issued to Mr Maksymuik dated 13
December 2017;

“the Overdue Balance” means the amount owed by Mr Maksymuik to the Authority
comprising an invoice dated 26 August 2016 for £1,311.26 for regulatory fees and
levies for the period 1 April 2016 to 31 March 2017, which was due for payment by
25 September 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 to Mr Maksymuik dated 21
November 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 Mr Maksymuik is
failing to meet the suitability Threshold Condition, in that the Authority is not
satisfied that Mr Maksymuik is a fit and proper person having regard to all the
circumstances, including whether Mr Maksymuik managed his business in such a
way as to ensure that his affairs were conducted in a sound and prudent manner.


7.
Mr Maksymuik has failed to pay the Overdue Balance and he has not been open
and co-operative in all his dealings with the Authority, in that Mr Maksymuik has
failed to respond to the Authority’s repeated requests for him to pay the Overdue
Balance, and has thereby failed to comply with Principle 11 of the Principles and to
satisfy the Authority that he is ready, willing and organised to comply with the
requirements and standards of the regulatory system.


8.
These failures, which are significant in the context of Mr Maksymuik’s suitability,
lead the Authority to conclude that Mr Maksymuik 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 he has had a Part 4A 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 Maksymuik 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 Mr Maksymuik 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 Funmi Ojo at
the Authority (direct line: 020 7066 1354).

Anna Couzens
Enforcement and Market Oversight Division