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HannibaltheCannibal - Thu, 28 Dec 06 :

What derkleineprinz and the Registrar seem to have overlooked is that some of the shareholders that I held letters for were CERTIFICATED SHAREHOLDERS.

They don't need Letters of Representation from their brokers, as they appear on the register of members.

The Registrar didn't even bother to check this. Before Felix turned up, he took the letters (WITHOUT CHECKING THE NAMES AGAINST THE REGISTER FIRST) and ran into the room, which was still open, with people moving in (and out). The Registrar went in to see David Buchler. When he returned, he immediately declared (AGAIN WITHOUT CHECKING THE REGISTER) that I was not going to be allowed in, even though I pointed out that I was a legitimate proxy. This all happened before Felix arrived and he was not aware that I was carrying letters for certificated as well as nominee holders.

Later after the meeting had finished, David Buchler came out and his excuse was that I had not been allowed in as I arrived too late and the meeting was already underway. But as I pointed out in the previous post, two people - one of which was Felix, arrived after the meeting had already started and both of them were allowed admittance to the meeting.

Buchler's feeble excuse was to excuse himself from what he knew was a flagrant breach of the Bermudan Companies Act. As a consequence, we will be pointing out that the company is in breach of Bermudan Company Law for failing to hold an AGM in the Calendar year. As a consequence, it is highly likely that they will have to hold the AGM all over again. The fault (and cost for which) lies at Buchler's and the Registrar's fault, for spitefully denying a legal proxy the right of entry to the meeting. Buchler and the Registrar invalidated the meeting themselves.

Buchler should be aware that he needs the RA's cooperation if he is to achieve his goals (and bonus). If he had thought clearly instead of throwing his toys out of the pram, he would have realised that it is better to cooperate rather than antagonise creditors, as his liabilities are far greater than his assets.


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