Final Notice

On , the Financial Conduct Authority issued a Final Notice to Harmen Enterprises Limited

FINAL NOTICE

To:
Harmen Enterprises Limited

FRN: 740696

Dated: 19 November 2018


ACTION

1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against HEL.

2.
The Authority issued to HEL the Decision Notice which notified it that for the reasons
given below and pursuant to section 55J of the Act, the Authority had decided to
cancel HEL’s Part 4A permission.

3.
HEL has not referred the matter to the Tribunal within 28 days of the date on which
the Decision Notice was issued to it.

4.
Accordingly, the Authority has today cancelled HEL’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 HEL dated 30 August
2018;


Harmen Enterprises Limited

19 November 2018

“HEL” means Harmen Enterprises Limited;

“HEL’s Part 4A permission” means the permission granted by the Authority to HEL
pursuant to Part 4A of the Act;

“the Return” means the CCR007 (key data) return for the period ended 31
December 2017, which HEL was due to submit to the Authority by 12 February
2018;

“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 HEL dated 8 August 2018.


REASONS FOR 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 HEL is failing to
satisfy the suitability Threshold Condition, in that the Authority is not satisfied that
HEL is a fit and proper person having regard to all the circumstances, including
whether HEL managed its business in such a way as to ensure that its affairs were
conducted in a sound and prudent manner.

7.
This is because HEL has failed to comply with the regulatory requirement to submit
the Return. HEL has not been open and co-operative in all its dealings with the
Authority, in that HEL has failed to respond adequately to the Authority's repeated
requests for it to submit the Return, and has thereby failed to comply with Principle
11 of the Authority's Principles for Businesses 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 HEL’s suitability, lead the
Authority to conclude that HEL 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 HEL was granted a Part
4A permission.

DECISION MAKER

9.
The decision which gave rise to the obligation to give this Final Notice was made
by the Regulatory Decisions Committee.

Harmen Enterprises Limited

19 November 2018

IMPORTANT

10.
This Final Notice is given to HEL in accordance with section 390(1) of the Act.

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 HEL 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 Simran Tak
at the Authority (direct line: 020 7066 6923).

Enforcement and Market Oversight Division


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