Final Notice
Page 1 of 3
FINAL NOTICE
To:
Whitehouse Estate Agents and Financial Services Limited
Address:
137 Cherry Orchard Road
Surrey
CR0 6BF
FRN:
304508
Date:
14 July 2010
TAKE NOTICE: The Financial Services Authority (the "FSA") of 25 The North
Colonnade, Canary Wharf, London E14 5HS gives you, Whitehouse Estate Agents and
Financial Services Limited (“Whitehouse”)final notice about a decision to cancel the
permission granted to you, Whitehouse, to carry on regulated activities.
1.
ACTION
1.1.
The FSA gave you, Whitehouse, a Decision Notice on 9 June 2010 (the “Decision
Notice”) which notified you that for the reasons listed below and pursuant to section
45 of the Financial Services and Markets Act 2000 (“the Act”), the FSA had decided
to cancel the permission granted to you, Whitehouse, pursuant to Part IV of the Act
("your Part IV permission").
1.2.
You were informed of your statutory right to make a reference to the Upper Tribunal
(Financial Services) (the “Tribunal”) but you have not referred the Decision Notice to
the Upper Tribunal (Financial Services) within 28 days of the date on which the
Decision Notice was given to you. Accordingly, the FSA has today cancelled your
Part IV permission.
2.
REASONS FOR THE ACTION
2.1.
By its Decision Notice the FSA concluded that Whitehouse will be failing to satisfy
the threshold conditions set out in Schedule 6 to the Act if Mr Adebajo is prohibited.
By Final Notice dated 14 July 2010 the FSA made a prohibition order against Mr
Adebajo.
Whitehouse Estate Agents and Financial Services Limited
14 July 2010
Final Notice
Page 2
2.2.
The FSA has therefore decided to take the action to cancel Whitehouse’s permission
for the reasons described in the Decision Notice and to give this Final Notice. A copy
of the relevant extract of the Warning Notice, which was attached to the Decision
Notice, is attached to and forms part of this Final Notice.
3.
DECISION MAKER
3.1.
The decision which gave rise to the obligation to give this Final Notice was made by
the Deputy Chairman of the Regulatory Decisions Committee.
4.
IMPORTANT
4.1.
This Final Notice is given to you in accordance with section 390(1) of the Act.
4.2.
Sections 391(4), 392(6) and 391(7) of the Act apply to the publication of information
about the matter to which this Final Notice relates. Under those provisions, the FSA
must publish such information about the matter to which this Notice relates as the
FSA considers appropriate. The information may be published in such manner as the
FSA considers appropriate. However, the FSA may not publish information if such
publication would, in the opinion of the FSA, be unfair to you or prejudicial to the
interests of consumers.
4.3.
The FSA intends to publish such information about the matter to which this Final
Notice relates as it considers appropriate.
FSA contacts
4.4.
For more information concerning this matter generally, you should contact Paul
Howick at the FSA (direct line: 020 7066 7954).
Tom Spender
FSA Enforcement and Financial Crime Division
Whitehouse Estate Agents and Financial Services Limited
14 July 2010
Final Notice
Page 3
EXTRACT FROM WARNING NOTICE DATED 24 MARCH 2010
2.1
By a Warning Notice dated 24 March 2010, the FSA has proposed to withdraw the
approval of Mr Alaba Adewale Adebajo (“Mr Adebajo”). Pursuant to section 56 of the
Act, the FSA has also proposed making a prohibition order against Mr Adebajo to
prevent him from performing any function in relation to any regulated activity carried
out by an authorised person, exempt person or exempt professional firm.
2.2
Mr Adebajo is the only approved person at the Firm. He is approved to perform the
controlled functions of Director (CF1) and Apportionment and Oversight (CF8), and is
the only qualified adviser at the Firm. He also owns 100% of its share capital.
2.3
If Mr Adebajo is prohibited (on the basis that he is not fit and proper), the Firm will be
failing to satisfy the threshold conditions set out in Schedule 6 to the Act (the
“Threshold Conditions”) in that, in the opinion of the FSA, the Firm will not have
adequate resources in relation to the regulated activities it seeks to carry on.
Specifically, the Firm will not have adequate human resources (Threshold Condition
4).
2.4
Furthermore, the Firm will not be able to satisfy the FSA that it is fit and proper having
regarding to all the circumstances, including its connection with Mr Adebajo and the
overall need to ensure its affairs are conducted soundly and prudently (Threshold
Condition 5).