FINAL NOTICE

ACTION

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

2.
The Authority issued to Mr Chowdhury 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 Chowdhury’s Part 4A permission.

3.
Mr Chowdhury 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 Chowdhury’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 to Mr Chowdhury dated 10
January 2019;

“the Return” means the CCR007 return for the period ended 5 January 2018, which
Mr Chowdhury was due to submit to the Authority by 16 February 2018;

“Mr Chowdhury’s Part 4A permission” means the permission granted by the
Authority to Mr Shahidur Rahman Chowdhury pursuant to Part 4A of the Act;

“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 Chowdhury dated 11
December 2018.

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 Chowdhury is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Mr Chowdhury is a fit and proper person having regard to all the
circumstances, including whether Mr Chowdhury 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 Chowdhury has failed to comply with the regulatory requirement
to submit the Return. Mr Chowdhury has not been open and co-operative in all his
dealings with the Authority, in that Mr Chowdhury 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 Chowdhury’ suitability,
lead the Authority to conclude that Mr Chowdhury’s 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 Chowdhury was granted 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 Chowdhury 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 Chowdhury 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 Stephanie
French at the Authority (direct line: 020 7066 6822).

Anna Couzens
Enforcement and Market Oversight Division