Final Notice
FINAL NOTICE
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against WL.
2.
The Authority issued to WL the Decision Notice which notified WL that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel WL’s Part 4A permission.
3.
WL 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 WL’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 WL dated
25 September 2018;
“the Overdue Balance” means the outstanding sum of £1312.17, owed by WL to
the Authority comprising: an invoice for £1062.17 for annual fees and levies for the
period 1 April 2017 to 31 March 2018, which was due for payment by 29 December
2017; and an invoice for £250 for an administrative fee, which was due for payment
by 7 February 2018;
“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);
“the Warning Notice” means the Warning Notice issued by the Authority to WL dated
28 August 2018;
“WL” means Wellpoint Ltd; and
“WL’s Part 4A permission” means the permission granted by the Authority to WL
pursuant to Part 4A of the Act;
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 WL is failing to
satisfy the suitability Threshold Condition, in that the Authority is not satisfied that
WL is a fit and proper person having regard to all the circumstances, including
whether WL managed its business in such a way as to ensure that its affairs were
conducted in a sound and prudent manner.
7.
WL 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 WL 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 of
the regulatory system.
8.
These failures, which are significant in the context of WL’s suitability, lead the
Authority to conclude that WL 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 WL 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 WL 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).
Anna Couzens
Enforcement and Market Oversight Division