For the reasons set out in this Final Notice, the Authority hereby takes the following
action against A3ML.
The Authority issued to A3ML the Decision Notice which notified A3ML that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel A3ML’s Part 4A permission.
A3ML has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was given to it.
Accordingly, the Authority has today cancelled A3ML’s Part 4A permission.
The definitions below are used in this Final Notice:
“A3ML” means A3 Medical Limited;
“A3ML’s Part 4A permission” means the permission granted by the Authority to
A3ML under the Act;
“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 A3ML
dated 26 January 2021;
“the Overdue Balance” means the total outstanding sum of £1,489.87, owed by
A3ML to the Authority for an administrative fee which was due for payment by 5
September 2018 (in respect of non-submission of regulatory return due to be
submitted by 12 July 2018); an administrative fee which was due for payment by
1 September 2019 (in repect of non-submission of regulatory return due to be
submitted by 12 July 2019 and annual fees and levies for the period 1 April 2019
to 31 March 2020, which was due for payment by 6 Decemeber 2019;
“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 A3ML
dated 29 December 2020.
REASONS FOR THE ACTION
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 A3ML is failing
to satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that A3ML is a fit and proper person having regard to all the circumstances,
including whether A3ML managed its business in such a way as to ensure that its
affairs were conducted in a sound and prudent manner.
A3ML 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 A3ML 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.
These failures, which are significant in the context of A3ML’s suitability, lead the
Authority to conclude that A3ML 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.
The decision which gave rise to the obligation to give this Final Notice was made by
the Regulatory Decisions Committee.
This Final Notice is given to A3ML in accordance with section 390(1) of the Act.
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 A3ML or prejudicial to the interest of consumers.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.
For more information concerning this matter generally, please contact Hattie
McGlone at the Authority (direct line: 020 7066 0160).
Enforcement and Market Oversight Division