Final Notice
FINAL NOTICE
To:
Woodwork (Derby) Ltd
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against WDL.
2.
The Authority issued to WDL the Decision Notice which notified WDL that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel WDL’s Part 4A permission.
3.
WDL 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 WDL’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 WDL dated 20 April
2017;
“the Overdue Balance” means the amount owed by WDL to the Authority
comprising an invoice dated 24 February 2016 for £245.83 for regulatory fees and
levies for the period 1 April 2015 to 31 March 2016, which was due for payment
by 25 March 2016;
“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); and
“the Warning Notice” means the Warning Notice issued to WDL dated 29 March
2017;
“WDL” means Woodworks (Derby) Ltd; and
“WDL’s Part 4A permission” means the permission granted by the Authority to
WDL 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 WDL is failing
to satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that WDL is a fit and proper person having regard to all the circumstances,
including whether WDL managed its business in such a way as to ensure that its
affairs were conducted in a sound and prudent manner.
7.
WDL 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 WDL 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 under the regulatory system.
8.
These failures, which are significant in the context of WDL’s suitability, lead the
Authority to conclude that WDL 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 WDL under section 55Z and 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 WDL 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 Funmi Ojo
at the Authority (direct line: 020 7066 1354).
John Kirby
Enforcement and Market Oversight Division