Mobay Autos (Mr Mehrunissa Khan trading as)
Dated: 5 November 2018
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against Mr Khan.
The Authority issued to Mr Khan the Decision Notice which notified him that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel Mr Khan’s Part 4A permission.
Mr Khan has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was issued to him.
Accordingly, the Authority has today cancelled Mr Khan’s Part 4A permission.
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 Mr Khan dated 30 August
“Mr Khan” means Mobay Autos (Mr Mehrunissa Khan trading as);
“Mr Khan’s Part 4A permission” means the permission granted by the Authority to
Mr Khan pursuant to Part 4A of the Act;
“the Return” means the CCR007 return for the period ended 31 October 2017,
which Mr Khan was due to submit to the Authority by 12 December 2017;
“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 Mr Khan dated 7 August
REASONS FOR 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 Mr Khan is failing
to satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that Mr Khan is a fit and proper person having regard to all the circumstances,
including whether Mr Khan managed his business in such a way as to ensure that
his affairs were conducted in a sound and prudent manner.
This is because Mr Khan has failed to comply with the regulatory requirement to
submit the Return. Mr Khan has not been open and co-operative in all his dealings
with the Authority, in that Mr Khan has failed to respond adequately to the
Authority's repeated requests for him 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 he is ready, willing and organised to comply with the
requirements and standards under the regulatory system.
These failures, which are significant in the context of Mr Khan’s suitability, lead the
Authority to conclude that Mr Khan has failed to manage his business in such a way
as to ensure that his affairs are conducted in a sound and prudent manner, that he
is not a fit and proper person, and that he is therefore failing to satisfy the
Threshold Conditions in relation to the regulated activities for which Mr Khan was
granted a Part 4A 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 Mr Khan 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 Mr Khan 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 Yasmin
Moore at the Authority (direct line: 020 7066 5439).
Enforcement and Market Oversight Division