Final Notice
FINAL NOTICE
To:
Paul Robertson trading as Tony Robertson Insurance
Address:
The Old Stables
Washbrook Lane
Coventry
CV5 9FH
FRN:
118369
Dated:
13 July 2015
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Mr Robertson.
2.
The Authority gave Mr Robertson the Decision Notice which notified Mr Robertson
that for the reasons given below and pursuant to section 55J of the Act, the
Authority had decided to cancel Mr Robertson’s Part 4A permission.
3.
Mr Robertson 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 Mr Robertson’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 Robertson on 20
May 2015;
Paul Robertson trading as Tony Robertson Insurance
13 July 2015
Final Notice
Page 2
“the Overdue Balance” means the amount owed to the Authority totalling
£1,356.56, of which £1,106.56 (in respect of periodic fees and levies) had been
due for payment by 5 September 2014, and £250 (for late submission of the
RMA-J regulatory return for the period ended 31 July 2014) had been due for
payment by 12 November 2014;
“the Principles” means the Authority’s Principles for Businesses;
“Mr Robertson” means Paul Robertson trading as Tony Robertson Insurance;
“Mr Robertson’s Part 4A permission” means the permission granted by the
Authority to Mr Robertson under 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 Robertson on 30
April 2015.
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 Robertson
is failing to satisfy the Threshold Conditions, in that the Authority is not satisfied
that Mr Robertson is a fit and proper person having regard to all the
circumstances, including whether Mr Robertson managed his business in such a
way as to ensure that its affairs are conducted in a sound and prudent manner.
7.
Mr Robertson 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 Robertson 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 under the regulatory system.
8.
These failures lead the Authority to conclude that Mr Robertson has failed to
manage his business in such a way as to ensure that its 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 Robertson 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 Mr Robertson under section 55Z and in accordance
with section 390(1) of the Act.
Paul Robertson trading as Tony Robertson Insurance
13 July 2015
Final Notice
Page 3
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 Robertson 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 Rashmeet
Panesar at the Authority (direct line: 020 7066 3750).
John Kirby
Enforcement and Market Oversight Division