An Auckland company director could face five years’ jail for supplying false information to the Companies Office, according to Roger Wallis, a partner in law firm Chapman Tripp, as reported in today’s Dominion Post (13 Jan.P. A5). Rules need to be enforced he said. Mr Wallis identified an Auckland company that he said had clearly breached Section 377 of the Companies Act 1993 prohibiting the making of false statements by both the director and the person incorporating the company. [Read more…]
Carr Consulting P.A. and offences against NZ Companies Act 1993
Commerce Minister Simon Power should discuss with officials the registration of companies with overseas directors such as John M Carr, after the recent flare up of controversy over New Zealand hardcore porn companies John Carr co- directs with “NZ Porn King” Steve Crow – which are all linked to a Florida registered professional association (P.A.) shareholder Carr Consulting P.A. Investigators should be looking at flaws in the New Zealand companies registration system that allowed a Texas-based NZ company director, John Malcolm Carr (see photo – http://www.carr.co.nz/images/jmc.jpg), with US and NZ citizenship, to falsely represent the shareholding of four NZ companies he directs (including Velocity Partners Ltd) and get away with it, using a false corporation name “Cuchara Inc” from 14 March 2000 until 16 December 2009.
Companies Act 1993 and Enforcement Issues
Potentially dangerous gaps in New Zealand’s company registration system have been revealed as an investigation continues by the Society into the operations of a number of NZ registered companies owned by a US-registered corporation, as well as the activities of its Principal and registered agent who directs the NZ companies. A NZ-based co-director of one of his other companies is also under investigation.
Carr Consulting P.A., John M. Carr CPA and his NZ Residential Addresses
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
http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=154653
Porn King Steve Crow, Vixen Direct Ltd, Phoenix Companies and Criminal Sanctions
The Companies Act 1993 defines a phoenix company as being, in relation to a failed company, a company that at any time before or within five years after the commencement of the liquidation of a failed company, is known by a name that is also a pre-liquidation name of a failed company or is a similar name. When phoenix company arrangements are established in which the new company created bears a similar name, similar assets and similar management structure to a failed company, the purposes of such companies are usually part of a scheme either to circumvent obligations to creditors of the failed company (avoid debts owed) or to mislead the public into believing they are dealing with the same entity as previous, possibly as part of an attempt to mislead creditors of the previous company.