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SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

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Companies Office Registry lacks integrity due to dishonest directors and lack of enforcement

August 1, 2015 by SPCS Leave a Comment

The NZ Companies Office records show that Sinotech Ltd was incorporated in 11 May 2015 with two directors, one of whom, “Shih Chuang Li, recorded his/her residential address on his/her signed Director’s Consent Certificate as: Level 1, 3 Frankmoore Avenue, Johnsonville, Wellington, 6037, New Zealand“.

This is a FALSE residential address. A Director’s Consent form is required by law to include the full correct legal name of the director, his/her correct  “COMPLETE RESIDENTIAL address” and the director’s signature (as used by them on other formal documents).

See: Shih Chuang Li Director’s Consent Certificate Sinotech Ltd (1st)

The false “residential” address “Shih Chuang Li” provided is NOT a residential address. It is the address of the Johnsonville Community  Centre, Johnsonville, and no one is permitted to reside at this property. This is one of hundreds of fake residential addresses used by directors of NZ registered companies on their Consent forms filed with the Companies Office, that the Society for Promotion of Community Standards Inc has found. A number of these false addresses have been notified by way of a formal complaints to the Registrar of Companies, Ms Mandy McDonald, as part of broader complaints highlighting alleged fraud and dishonesty by company directors.

Disappointingly her response to our many complaints over breaches of the law, such as this one, has been less than satisfactory to say the least (see later discussion). Despite having a so-called “Registries Integrity Team” supposedly dedicated to upholding the integrity of the Companies Office Register and ensuring that the Companies Act 1993 is complied with by directors, as well as a so-called “National Enforcement Team” supposedly dedicated to enforcing compliance with the law; McDonald has done very little it would seem to ensure that the issues raised by the Society are addressed seriously.

The Society has provided compelling evidence, it believes, over the last five years, that the the Register lacks integrity and the system in place documenting the incorporation of companies, the filing of annual returns, transfers of shares, and director(s) and shareholder details, invites and allows for abuse, dishonesty and fraud by certain directors and those they authorise as their agents to access the Register.

Shih Chuang Li and fellow director Hau Man Cham have listed the same Johnsonville Community Centre address as the “registered office” and “address for service” for Sinotech Ltd (which is listed as having business classified as “internet retailing”). Investigations have established that this address is NOT its registered office (confirmed by lawyer Graeme Withers, who has an office on Level 1 – see Stuff News report link below).

The connection between Sinotech Ltd, Pro 1 Digital Ltd (In Liq) and failed internet scammer/failed director Roy Li. 

Just nine days after Sinotech Ltd (Co. No. 5680207) was incorporated, the sole director and owner of another company called Pro 1 Digital Ltd (Co. No. 3668611), Roy Li, put his company into liquidation in accordance with s. 241(2)(a) of the Companies Act 1993- “Special Resolution of Shareholders”. Pro 1 Digital Ltd which was incorporated on 22 November 2011 was involved in a business described as: “Online retailer of cameras and equipment.” According the liquidators Report, it ceased trading on 20 May 2015.

See: Roy Li Director’s Consent Certificate Pro 1 Digital Ltd

The FALSE “residential” address Roy Li provided to the Companies Office on his Director’s Consent form for Pro 1 Digital Ltd, was  – 19 Marywil Crescent, Hillcrest, Auckland, 0627 , New Zealand. Roy Li has never been a New Zealand resident and he is domiciled Hong Kong. Like the sole directors and owners of other NZ registered companies who reside overseas, he used a bogus NZ “residential” address to operate his internet scam. (Some online hardcore pornography and “adult services” NZ-registered retail companies are directed by overseas domiciled directors in the same way. These directors list bogus NZ “residential” addresses on the Register).

On 20 May 2015 at 6pm Iain Bruce Shephard and Heath Leslie Gair (both from Shephard Dunphy Ltd) were appointed liquidators jointly and severally of Pro 1 Digital Ltd.
The first Liquidation Report dated 15 June 2015 states:

The Director [Roy Li], who is domiciled in Hong Kong has advised that he ceased trading as a consequence of insufficient sales.

It is apparent that there have been sales that have been remitted via the website and Paypal after the appointment of liquidators. We confirm that none of these monies have come under the control of the Liquidators.

The Liquidators will conduct an investigation of the company’s books and records to further establish if there are any potentially voidable transactions that require investigation, and further to ensure that the directors have complied with the duties and obligations imposed on them under the Companies Act 1993.”

The Final Liquidation Report dated 16 July 2015 states:

Shortly after appointment, we were contacted by numerous customers of the Company who had yet to receive their order or a refund. The claims were put to the Director who advised that the Company had no stock nor funds available to refund customers. It was apparent to the Liquidators’ that the Director had breached certain duties as set out in the Companies Act 1993.

Given that the Director is not a New Zealand resident and appears to live in Hong Kong there were limited remedies available to the Liquidators. Where possible, customers obtained refunds from Paypal. The Liquidators have formerly written to the National Enforcement Unit with a recommendation that the Director be banned from being a director in New Zealand. [Emphasis added]

The Liquidators’ received one preferential claim from Inland Revenue for $16,384.50. There were insufficient funds to enable a distribution to preferential creditors.

The Liquidators’ received six unsecured creditor claims totalling $20,353.76.

Schedule of Liquidators’ Receipts & Payments As at: 13 July 2015

Proceeds from bank account 4,681.32

Liquidators’ costs and disbursements 4,681.32

It is significant that, Shih Chuang Lil, current director of Sinotech Ltd, like Roy Li, director of the liquidated company Pro 1 Digital Ltd, both hide behind FALSE “residential” addresses. What a sham! The Society contends that the Registrar of the Companies Office, Ms Mandy McDonald, needs to urgently read the recent report on those who have suffered financially from the fraudulent and illegal actions of Roy Li, to understand why it is in the public interest to enforce director’s compliance to every part of the Companies Act 1993. The Society believes that such unscrupulous directors need to be banned to protect the public.

See: http://www.stuff.co.nz/business/money/70620134/online-store-takes-photographers-3000-for-lens-it-never-delivered-then-leaves-nz

Roy Li is named on the Domain Name Commission registry as the registrant of both sinotech.co.nz and pro1digital.co.nz, but the former lists only a Hong Kong contact address, while the latter includes one in Auckland – 19 Marywil Crescent, Hillcrest, Auckland 0627. A habitation index search showed Roy Li does not live there.

Those scammed by Roy Li are angry that despite complaints to the Commerce Commission and other enforcement agencies, this fraudster can readily engage in another on-line scam on the day his company is put into liquidation.

Companies Office records for Sinotech Ltd show that the second director of the company is Hau Man Cham – residential addresses 16 Erceg Way, Rosehill, Papakura, 2113, New Zealand.

One may well assume, perhaps correctly, that this is yet another false address that litters the Companies Office Register….. adding to its lack of integrity!

See expose of Pro 1 Digital Ltd scam: https://www.facebook.com/pages/Pro1digital-SCAM/106289636370890

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Filed Under: Crime, Enforcement Tagged With: 9 Marywil Crescent Hillcrest Auckland 0627, Companies Act 1993, dishonesty, Fraud, Hau Man Cham, internet scam, Level 1 3 Frankmoore Avenue Johnsonville, National Enforcement Team, Pro 1 Digital Ltd, Registries Integrity Team, Roy Li, Shih Chuang Li, Sinotech Ltd

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