Thursday, November 1, 2012

St. John's Pride "Not In Good Standing" 11/01/2012

This is a screenshot today from the Government of Newfoundland's public-facing website for Registry of Companies. Specifically, a company I proudly co-founded in September of 2010, and sadly, resigned from on March 15, 2012.

When I left, I was reassured by existing executive that steps would be taken immediately to have my name removed from the list of directors, and that a new corporate mailing address would be identified.

Well, as summer approached, I continued to receive envelopes for Pride here at Larkhall, and it was at this point I followed up with an in person meeting with one of the new directors who had joined the organization after I had left. It was also at this point that I had noticed that the organization had fallen into a status of "Not In Good Standing". Once again, I was assured that this matter would be dealt with.

Well, here we are on October, 31, 2012, and not only has nothing changed, I can see that the company missed their deadline for filing their Provincial Annual Return by Company Anniversary date.

I also received a letter address to Pride here at Larkhall the other day, from the Government. While I fulfilled my legal duties of not opening the envelope, I couldn't help but notice that I could actually see through the envelope to the point that I could read a high percentage of the letter in there, and what I saw made me extremely concerned!

I left the organization in March, but unfortunately, it doesn't seem to want to leave me.  So in an effort to bring closure to this situation, since private communication proved ineffective, I am resorting to this public-facing blog tonight.

I will not publish any private of confidential information that I was able to see though the envelop, as quite frankly, there is enough information on the Government's public record to allow me to illustrate the risks and harms that make this situation newsworthy on my blog.

The good thing about having your organization legally registered as a non-profit society, with your provincial Government, is that it forces the org to attain and sustain a level of accountability. As an expert in the field of Corporate law, just by looking at this public-facing website, as I did back in the summer, and as I did again today, I can clearly state that the company failed to respond to two information requests from the Government, one which we know was the failure to submit an Annual Return by deadline date.

First of all, it saddens me to see an organization which I worked so hard to get off the ground, fall into what appears to be a state of accountability shambles. As the Corporations Act clearly states, they are now at risk of having their company terminated.

But ultimately what matters for me, is the harm associated with having my name listed as a Director for a delinquent company. and after several months of this being a non-issue, a separate business matter that I am involved with Government about, is now being negatively impacted by this.

St. John's Pride, if you want to take this company into a delinquent status, that's your business, but I've asked for my name and address to be removed numerous times, and I want it done ASAP please. This is now causing so much harm that it is impacting my ability to secure employment and it is impacting my ability to conduct other business matters with the Department of Business.

In conclusion, any paper correspondence that I still get for Pride, is now being marked Return to Sender.

And, if my name and address still appear on the public record by the end of the week, I will be filing an Application with the Superior Court of Justice, and will be asking a Judge to issue an Order that will enforce both Pride and the Department of Business, to get my name and address off this record.

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