Final Notice
FINAL NOTICE
To:
Zoe Croft
Address:
The Willow Works
Old Trent Road
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Ms Croft.
2.
The Authority issued to Ms Croft the Decision Notice which notified Ms Croft that
for the reasons given below and pursuant to section 55J of the Act, the Authority
had decided to cancel Ms Croft’s Part 4A permission.
3.
Ms Croft has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was given to her.
4.
Accordingly, the Authority has today cancelled Ms Croft’s Part 4A permission.
Zoe Croft
15 August 2018
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;
“Ms Croft’s Part 4A permission” means the permission granted by the Authority to
Zoe Croft pursuant to Part 4A of the Act;
“the Decision Notice” means the Decision Notice issued by the Authority to Ms
Croft dated 2 July 2018;
“the Overdue Balance” means the outstanding sum of £303, owed by Ms Croft to
the Authority for annual fees and levies for the period 1 April 2017 to 31 March
2018, which was due for payment by 12 August 2017;
“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 by the Authority to Ms
Croft dated 31 May 2018.
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 Ms Croft is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Ms Croft is a fit and proper person having regard to all the
circumstances, including whether Ms Croft managed her business in such a way
as to ensure that her affairs were conducted in a sound and prudent manner.
7.
Ms Croft has failed to pay the Overdue Balance and she has not been open and
co-operative in all her dealings with the Authority, in that Ms Croft has failed to
respond to the Authority’s repeated requests for her to pay the Overdue Balance,
and has thereby failed to comply with Principle 11 of the Principles and to satisfy
the Authority that she 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 Ms Croft’s suitability, lead
the Authority to conclude that Ms Croft has failed to manage her business in such
a way as to ensure that her affairs are conducted in a sound and prudent manner,
that she is not a fit and proper person, and that she is therefore failing to satisfy
the Threshold Conditions in relation to the regulated activities for which she was
granted a Part 4A permission.
Zoe Croft
15 August 2018
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 Ms Croft 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 Ms Croft 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