The FCA also found that Mr Varley failed to act with integrity as a Director (CF1) and Compliance Oversight (CF10) controlled function (CF) holder and is therefore not a fit and proper person.
Mark Steward, Executive Director of Enforcement and Market Oversight said: ‘Mr Varley deliberately lied about his position and his misconduct continued for a number of years, potentially creating a risk of loss to customers. He continued to abuse his position of trust as a Director, proving that he lacks both honesty and integrity and poses a serious risk to consumers and to confidence in the financial system. Today’s ban should act as a deterrent to other senior individuals who abuse a position of trust.’
Mr Varley worked at Dickinsons Financial Management Limited (Dickinsons), a small financial advisory firm where he held a customer adviser function (CF30) until January 2013. Following the Retail Distribution Review, the FCA introduced rules requiring that advisers hold a minimum level of qualification to be approved for a CF30 function. Although his CF30 approval was removed in January 2013 by the FCA at his request, Mr Varley still continued to advise retail customers between January 2013 and September 2017.
Mr Varley repeatedly misled his fellow directors by providing false information in board meetings about sitting and passing the relevant exams required for him to continue advising, and falsely claiming that he had applied to the FCA for approval as a CF30 but that the FCA had not updated the Financial Services Register. In fact, no application was ever made. Mr Varley also knowingly facilitated the provision of false information to Dickinsons’ PII (professional indemnity insurance) providers about the qualifications he held, in order to be insured to advise retail investors after 2013.
As part of his CF10 function, Mr Varley was required to provide regulatory information to the FCA in Dickinsons’ Retail Mediation Activities Returns. In discharging this responsibility, Mr Varley knowingly misled the FCA into believing that only 1 person at Dickinsons was providing retail investment advice to customers instead of 2. He also provided explanations to the FCA that were untrue to conceal his own misconduct.
The false information provided to Dickinsons’ PII providers and to the FCA created the potential risk of loss to consumers, as Mr Varley was not qualified to provide the advice and, subsequently, his advice was deemed to be uninsured. Mr Varley’s actions led to Dickinsons going into voluntary liquidation and being dissolved.
Notes to editors
- Final Notice 2021: Simon John Varley
- On 31 December 2012, the FCA introduced new requirements for firms giving personal recommendations. These requirements meant many firms had to change the way they charged customers for advice and change the way they described and delivered their services.