First Mortgage Consultancy Limited 5 January 2009
Final Notice Page 2
that you are a fit and proper person having regard to all the circumstances, including
the need to ensure that your business is conducted soundly and prudently.
2.2 This is because you have failed to comply with the regulatory requirement to submit
your Retail Mediation Activities Return ("RMAR") for the period ended 31 March
2008. You have not been open and co-operative in all your dealings with the FSA, in
that you have failed to respond to the FSA's repeated requests for you to submit the
RMAR, and have thereby failed to comply with Principle 11 of the FSA's Principles
for Businesses and to satisfy the FSA that you are ready, willing and organised to
comply with the requirements and standards under the regulatory system.
2.3 These failures, which are significant in the context of your suitability, lead the FSA to
conclude that you are not conducting your business soundly and prudently and in
compliance with proper standards, that you are not a fit and proper person, and that
you are therefore failing to satisfy the Threshold Conditions in relation to the
regulated activities for which you have Part IV permission.
3. DECISION MAKER
The decision which gave rise to the obligation to give this Final Notice was made by
the Regulatory Decisions Committee.
4. IMPORTANT
4.1 This Final Notice is given to you in accordance with section 390(1) of the Act.
Publicity
4.2 Sections 391(4), 391(6) and 391(7) of the Act apply to the publication of information
about the matter to which this Final Notice relates. Under those provisions, the FSA
must publish such information about the matter to which this Final Notice relates as
the FSA considers appropriate. The information may be published in such manner as
the FSA considers appropriate. However, the FSA may not publish information if
such publication would, in the opinion of the FSA, be unfair to you or prejudicial to
the interests of consumers.
4.3 The FSA intends to publish such information about the matter to which this Final
Notice relates as it considers appropriate.
FSA Contact
4.4 For more information concerning this matter generally, you should contact Darshana
Modi at the FSA (direct line: 020 7066 4252/fax: 020 7066 1616).
John Kirby
FSA Enforcement Division