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“. [Read more…]
John Edward Clancy – commits alleged serious breaches of the Companies Act 1993
John Edward Clancy breached section 159(1)(a) and 159(2)(d) of the Companies Act 1993 when he failed to deliver to the Registrar “within 20 working days of the change occurring“, the required Notice of Change of directors in the case of his appointments of Riani Suhandi as a director to two companies he (Clancy) directed: Renovation Masters Auckland Ltd and Future Proof Building Ltd. Furthermore, the same Consent Certificate signed on 11/06/15 by Suhani relating to Future Proof Building (Co. No. 3972918) has been uploaded by Clancy onto the Companies website and filed with documents relating to Renovation Masters Auckland (Co. No. 1868260).
For background details on this fraudulent documentation submitted by Clancy see:
English-born John Edward Clancy heads a troubled building group in Christchurch
(Photo source: https://nz.linkedin.com/pub/john-clancy/2b/851/941 ) [Read more…]
John Edward Clancy: Debts pile up as company director can’t be found
John Edward Clancy: Today Stuff News (“Debts pile up as company director can’t be found”) reported on two Auckland-based, [Christchurch earthquake] “rebuild companies” that Mr Clancy currently directs: Hanguk Business Investments One Ltd (formerly called Global Renovations Canterbury Ltd), which according to its creditors owes thousands of dollars, and Global Renovations Ltd. The latter is referred to in the report as belonging to a group of about 30 companies Clancy directs, and is also involved in the “building house construction” industry.
John Clancy: Source https://nz.linkedin.com/pub/john-clancy/2b/851/941
Claims to be “Owner, Global Group Holding NZ Ltd”
A number of creditors – subcontractors and suppliers – are reported to be worried that the companies appears to have abandoned Christchurch and Clancy cannot be found or contacted. The accountant acting for all Clancy’s companies, Ponsonby/Auckland-based Richard Somerville of Walker Townsend Limited is reported as saying that he believes Clancy is overseas.
All these companies have a registered office address and service address listed on Companies Office records as Walker Townsend Ltd, Level 5, 64 Khyber Pass Rd, Grafton, Auckland, 1023, New Zealand. Richard Somerville, as “trustee shareholder” of companies Clancy directs, records his address as his office address at 64 Kyber Pass Rd (as above).
What Stuff News does not report: [Read more…]
Society awaits reply from Minister Hon. Paul Goldsmith to questions re Companies Act 1993
Minister Paul Goldsmith, as of today, 6 July 2015, has not answered questions put to him from the Society (emailed to his office on 5 June 2015 and acknowledged as received) relating to the Companies Act 1993. We have been assured today by his office staff that he is very diligently working on a reply which we will be publish on our website, when and if it is received.
COPY OF QUESTIONS RAISED WITH MINISTER
Attention
Hon. Paul Goldsmith
Minister of Commerce and Consumer Affairs
p.goldsmith@ministers.govt.nz
5 June 2015
Dear Sir,
The Companies Act 1993 states in section 2 (“Interpretation”):
“A reference in this Act to an ADDRESS means (a) in relation to an individual, the full ADDRESS of the place where that person USUALLY LIVES.” [Emphasis added in capitals].
Under the Act all company directors are currently required to disclose their full “residential addresses” [where they reside and can be contacted by the Office] and these are included within the company records in the Annual Reports filed each year, available for public scrutiny on the Companies Office website. If their address changes they have a statutory duty to update their address on the website (able to be done online) by notifying the Registrar within the prescribed time frame. Not to do so is an offence and a number of directors have been prosecuted for such breaches of the Act.
Following the recent amendments to the Act which took effect on 1 May 2015; a time-frame for implementation of changes has been set, such that by 28 October 2015:
“All New Zealand companies will be required to have at least one director that either lives in New Zealand, or lives in Australia and is a director of a company incorporated in Australia.”
Our Society has a number of questions we seek urgent answers to: [Read more…]
Compliance with Companies Act 1993: Filing Annual Returns on time
Directors of all New Zealand registered companies must file an annual return with the Companies Office each year as required by the Companies Act 1993 [see S. 214] – it is an offence not to comply with this [see S. 374(2)]
If an annual return is not filed by the due date, the company risks being removed from the register as the Registrar may be satisfied that the company has ceased to carry on business.
Exception
A company is not required to file an annual return in the calendar year of its incorporation. For example, if a company is incorporated in 2010, its first annual return will be due in 2011.
Annual return reminder system [From the Companies Office website]
First reminder
We will send you a reminder via email on the 1st working day of the month that the annual return is due. You should make sure that the email address we have recorded for your address for communication is kept up to date.
For example, if your annual return is due to be filed during the month of August, we will send your first reminder on 1 August (or the next working day if the 1st is not a working day).
Second reminder
We are also introducing an extra reminder for clients. If you have not already filed your annual return by the 3rd week of the filing month, we will send you an extra reminder.
Final reminder
If you don’t file your annual return during the filing month, we will send you a third and final reminder. We will send that final reminder approximately one week after the return was due.
References:
http://www.legislation.govt.nz/act/public/1993/0105/latest/DLM321131.html
http://www.business.govt.nz/companies/learn-about/annual-returns/when-to-file
http://www.business.govt.nz/companies/learn-about/annual-returns/annual-return-reminders
Example | If your annual return is due to be filed in May 2015, you will receive the following reminders:
- First reminder– sent on 1 May 2015 (or the next working day if the 1st is not a working day).
- Second reminder– sent in the third week of May if the annual return has not been filed.
- Final reminder– sent approximately one week after the annual return is deemed overdue. You will still able to file your annual return, even if it is overdue – but you should do this as quickly as possible to avoid steps being taken to remove the company from the register.