Final Notice
FINAL NOTICE
To:
TJ McConnell & Sons Ltd
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against TJMSL.
2.
The Authority issued to TJMSL the Decision Notice which notified it that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel TJMSL’s permission.
3.
TJMSL has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was issued to it.
4.
Accordingly, the Authority has today cancelled TJMSL’s 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 TJMSL dated 5 April
2017;
TJ McConnell & Sons Ltd
17 May 2017
“the Returns” means the CCR-Complaints, CCR001 (Financial Data) and CCR002
(Volumes) returns for the period ended 30 June 2016, which TJMSL was due to
submit to the Authority by 11 August 2016;
“the suitability Threshold Condition” means the threshold condition stated at
parapgraph 2E of Schedule 6 to the Act;
“the Threshold Conditions” means the threshold conditions set out in Schedule 6
to the Act;
“TJMSL” means TJ McConnell & Sons Ltd;
“TJMSL’s Part 4A permission” means the permission granted by the Authority to
TJMSL pursuant to Part 4A of the Act;
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber); and
“the Warning Notice” means the Warning Notice issued to TJMSL dated 8 March
2017.
REASONS FOR ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice issued to TJMSL and in the Decision Notice, it appears to the Authority that
TJMSL is failing to satisfy the suitability Threshold Condition, in that the Authority
is not satisfied that TJMSL is a fit and proper person having regard to all the
circumstances, including whether TJMSL managed its business in such a way as
to ensure that its affairs were conducted in a sound and prudent manner.
7.
This is because TJMSL has failed to comply with the regulatory requirement to
submit the Returns. TJMSL has not been open and co-operative in all TJMSL’s
dealings with the Authority, in that it has failed to respond adequately to the
Authority's repeated requests for it to submit the Returns, and has thereby failed
to comply with Principle 11 of the Authority's Principles for Businesses 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 TJMSL’s suitability, lead the
Authority to conclude that TJMSL 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 TJMSL 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 TJMSL in accordance with section 390(1) of the Act.
TJ McConnell & Sons Ltd
17 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 TJMSL 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 Prea Deans
at the Authority (direct line: 020 7066 2272).
John Kirby
Enforcement and Market Oversight Division