John Edward Clancy, sole director of three building companies recently put into liquidation, has readily accessed the Companies Office website as “Presenter” and ‘authorised’ the record of a transfer of all the 80 shares listed as owned by “FJ40 Trust” in OJJ Christchurch Central Ltd – into the ownership of Riani Suhandi. These shares – 20% of the company – were “owned” by a “Trust” with no trustees names ever having been recorded against the shareholding record – a clear breach of the Companies Act 1993 by Clancy.
A trust cannot by law be recorded in a legal document as owning shares as it is not a “legal person”. (The Society for Promotion of Community Standards Inc has submitted a number of complaints to the Registries Integrity Team of the Companies Office on this matter since mid-July).
Following investigations by the Society it has been determined that all 80 shares were in fact jointly owned by John Edward Clancy (trustee) and the trustee services company FJ40 Trustees Ltd, directed and owned by Clancy’s accountant Richard Townsend Somerville (Walker Townsend L:td). This trust arrangement constitutes one of four such entities of which John Edward Clancy is a trustee. (Clancy would appear to have recently dispensed with the services of Richard Somerville and Walker Townsend Ltd is listed as a creditor of one of Clancy’s companies currently in liquidation – Derby Grey Ltd).
The “Particulars of Shareholding” Notice documenting the share transfer referred to above, was uploaded onto the Companies Office website by John Edward Clancy as “Presenter” at 22:42:51 on Sunday 26 July 2015. Clancy records the new shareholder as Riani Suhandi – residential address Flat 18, 126 Nursery Road, Linwood, Christchurch 8011, New Zealand.
According to Companies Office records, Riani Suhandi was appointed a director of Future Proof Building Ltd by its sole director John Edward Clancy on 1 May 2015 and Clancy ceased as director on 15 June 2015. The new director’s consent certificate was not signed by Suhandhi until 11 June 2015.
Clancy failed to comply with the Companies Act 1993 which requires directors to lodge the signed director’s certificate with the Registrar of Companies within 20 working days of the appointment being made. Future Proof Building Ltd is 100% jointly owned by John Edward Clancy (trustee) and FJ40 Trustees Ltd.
According to Companies Office records, Riani Suhandi was appointed a director of Renovation Masters Auckland Ltd by its sole director John Edward Clancy on 1 May 2015 and Clancy ceased as director on 12 June 2015. The new director’s consent certificate was not signed by Suhandhi until 11 June 2015. Clancy again failed to comply with the Companies Act 1993 which requires directors to lodge the signed new director’s certificate with the Registrar within 20 working days of the appointment being made. Director records actually state that Suhandhi was appointed by Clancy on 1 December 2014 (!) and only one director’s certificate signed by Suhandhi is recorded on the website – uploaded by Clancy on 12 June 2015.
Renovation Masters Auckland Ltd is jointly owned 100% by John Edward Clancy and his wife Youngmee Clancy (two trustees) and Clancy Trustee Company Ltd, the latter owned and directed by Richard Townsend Somerville (Walker and Townsend Ltd).
The new director’s certificate uploaded by Clancy on behalf of Riani Suhandhi on 12 June 2015 for Renovation Masters Auckland Ltd (Co. No. 1868260) is in fact the wrong one! The one filed is headed “Future Proof Building Ltd” (Co No. 3972918).
There would appear to be little integrity in the Companies Office website records.
Furthermore, there appears to be little integrity in the records given the fact that John Edward Clancy is still, as recently as 26 July 2015, using a fake residential address as “Presenter” of shareholding records. The address – “87 Byron Street, Sydenham, Christchurch 8023, New Zealand” he has used as his “residential address” for years is false.