Since 2006 Mr John M. Carr CPA, (see photo – http://www.carr.co.nz/images/jmc.jpg) who holds both US and NZ citizenship, has been recording his residential address on the NZ Companies Office website as 14/31 Greenlane Road, Remuera, Auckland. On 16 December 2009 he entered the same address, for the first time, as the registered office for “Carr Consulting P.A.” (Professional Association) – a Florida For Profit Corporation of which he is both Principal and registered agent. It owns four NZ registered companies he directs (Velocity Partners Ltd, First Virtual Deposit & Nominee Co. Ltd, PJ Digital Ltd and Shelf Company No. 10 Ltd), as well as one that was struck off the register in 2005 (Cromwell 24 Hr Challenge Ltd).
See: US-based critic of economy [John M Carr CPA] has lots more to say
However, Carr Consulting P.A. has its Principal Place of Business recorded on the Florida State Corporation Records as 1621 Hillcrest St, Orlando. Florida 328034809 US which is the same as that of its registered agent, John M Carr. The P.A. is only authorised to render financial planning advice and related services in the State of Florida through its certified financial planner (Mr John M. Carr CPA) via the US corporation Better Business Services Inc. which he owns and of which he is Principal and registered agent. The latter corporation as with Carr Consulting P.A. were incorporated in Florida by John Carr.
Why then does Mr John Malcolm Carr list Carr Consulting P.A.’s registered office as 14/31 Greenlane Rd, Remuera? The Companies Act 1993 stipulates that a corporation or company holding NZ company shares must record its registered office against those shares on the NZ Companies Office Records. The Society has lodged a formal complaint with the National Enforcement Unit (NEU) over this alleged offence by Mr Carr. Carr Consultancy P.A. is not entitled by Florida State law to operate a subsidiary in New Zealand.
From 19 October 2009 to 16 December, Mr Carr had this shareholder listed under its former, now defunct name “Cuchara Inc” (officially changed under Florida statute to Carr Consulting P.A. in 1999), and listed it on the NZ Companies Office Register as located at the San Antonio Texas. Prior to 19 October 2009 and as far back as 2005, its location was recorded as Mairangi Bay Auckland (see below).
The Certificate of Title for Mr Carr’s listed ‘residential address’ at 14/31 Greenlane Road East, Remuera, Auckland, is CT 74C-540. The legal description is Unit 1I AU14 UP 127907. The trustee of the property is the NZ registered company Checketts McKay Trustees Ltd (Co. No. 1147392 Incorporated 17/07/01) It took over as trustee from the New Zealand Guardian Trust Company Limited on 10/03/06.
Alan Bevin McKay is one of five directors of Checketts McKay Trustees Ltd and is a resident partner in the Cromwell Office of Checketts McKay Law in Central Otago. He was the “Attorney” appointed by John Malcolm Carr to act for Shelf Company No 10 Ltd and for Mr Carr, in the purchase of a 3 million dollar Pakiri Beach property (Lot 2 DP 312-790) near Wellsford, on 4 October 2005. Mr McKay of State Highway 6, Cromwell, – holds 20% of the shares of Checketts McKay Trustees Ltd, that owns the Remuera property Mr Carr records as his residential address and the Principal Office for the ‘NZ subsidiary” (?) of Carr Consulting P.A.
According to the NZ Companies Office Records all the shares of a company called Cherokee Holdings Ltd which Mr Carr directs were in the “care of Alan [Bevin] McKay” for just over four years (21/09/05 to 5/11/09) until the Society (SPCS) met with and raised a formal complaint with the Manager of the National Enforcement Unit, Mr Shane Keohane, on 4 November 2009, over this unlawful shareholding listing. On the very next day Mr John M. Carr changed the shareholder of Cherokee Holdings Ltd as listed on the NZ Companies Office website, to “The New Zealand Guardian Trust Co. Ltd”.
It appears that Mr Keohane may have been responsible for privately tipping off Mr Carr and/or Mr McKay, following his meeting with SPCS on 4 November 2009, regarding this clear breach of the Companies Act 1993 with respect to this share listing . Mr Keohane did not formally raise the Society’s complaint in a letter to Mr Carr until 23 November 2009, and in it he requested an explanation from Mr Carr for this offence against the Companies Act 1993. No response has been received by the NEU on the matter from Mr Carr.
Mr Keohane left his job at the end of November 2009 soon after he and the Companies Office officials appeared before the Commerce Select Committee of Parliament. Serious criticisms were directed at the operation of the Companies Office and thec NEU by a number of submitters to the Committee.
When Mr McKay had all the Cherokee Holdings Ltd shares in his “care” for four years, as sole shareholder, he was listed as being at the address Unit 13, 33-35 Apollo Drive, Mairangi Bay, Auckland. But, Mr McKay has never resided at this address, nor has he ever been a director of any company using this address as a registered office. It is in fact the registered company address for all the companies John M. Carr directs including Cherokee Holdings Ltd. Mr McKay has resided in Central Otago throughout the four year period he held all the Cherokee Holdings Ltd shares. The Mairangi Bay Office is owned by Kinetiq Ltd, a company owned by Velocity Partners Ltd and directed by Mr Carr.
While Mr Alan Bevin McKay was the only registered shareholder of Cherokee Holdings Ltd for four years, this company directed by Mr Carr was entitled to make distributions to him in respect of the shares, allow him to exercise his right to vote and exercise other rights attached to holding shares.
Section 89 (2) of the Companies Act 1993 affirms that these entitlements could have been lawfully granted to Mr McKay, because his name as registered shareholder provides prima facie evidence that he has such entitlements. The financial benefits, if any, derived by Mr McKay over this period, is a matter that the Society has raised with the NEU. ( There appears to be no evidence that Mr McKay has ever been a director, an agent, or an employee of The NZ Guardian Trust Co. Ltd. which is now recorded, as of 5 November 2009, the lawful owner of all the shares).
The Unit and Accessory Unit (AU) that John Malcolm Carr records as his longstanding “residential address” and the registered office of “Carr Consultancy P.A.” , includes a 18 square meter storage unit that sits right on the back boundary of the complex of 15 units and auxillary units that comprise the complex (“Remuera Mews”) at the leafy corner of Greenlane Road East and Lochiel Road, Remuera (Lots 1-7 DP 47542 SRS UP 127907). Auxillary Units 1-8 have an address 29 Greenlane Road East while Units 9-15 are at 31 Greenlane Road East.
The NZ Company Office has been sending mail to Mr John M, Carr at his Remuera “residential address” on 14/31 Greenland Rd East, to his “registered company office address” at Mairangi Bay and to his “address for communication” etc – since 8 August 2009 on a regular basis. It has requested information on his many companies and shares owned by the apparently defunct shareholder “Cuchara Inc” – the US corporation shareholder he listed from 2005 until late 2009 as owning four of the companies he directs. Mr Carr has provided no response to the Companies Office to date.
As noted, on 16 December 2009, just 2 days after the SPCS published its December Newsletter on its website, Mr Carr changed the name of the shareholder “Cuchara Inc” to “Carr Consulting P.A.” On 19 October he had changed its address from Mairangi Bay to San Antonio Texas. On 16 December he changed it yet again to 14/31 Greenlane Rd. Exhausted from its global merry-go-round, shareholder “Carr Consultancy P.A.” has settled down in its leafy Remuera abode, mindful that a Mr John M Carr has been responsible for this chirade, confusion, chicanery and its identity crisis.
All the allegations of non-compliance with the Companies Act 1993, raised by the Society so far against company director John M. Carr, have been substantiated.