Sir David is one of many defendants in a case brought by Nelson Barbados Group Ltd. regarding Kingsland Estates Ltd., Barbados. (Ontario Superior Court of Justice, Court File No. 07-0141) This post relates to the fourth portion of his testimony, formerly discussed in my post, Sir David Simmons Not Sure About Directorships.
The last post dealt with another company: David Simmons’ Resignation from S.B.G.: Dated 1994 - Filed 2007 (Simmons’ Cross - V)
Simmons Testified That He Resigned from GEM Travel in 1994
A search in the Corporate Registry for GEM Travel revealed some interesting facts. Our researcher was unable to find any financial figures for “GEM TRAVEL & TOURS INC.”, CAIPO number 2989. (The original name was GEM Travel Services Ltd. A 1973 shareholders list had some familiar names: “ Janette Louise Greaves, Philip Marlow Greaves, Elliott Deighton Mottley, Amor Mottley, Kenneth Goding Simmons, L. A. Michael Sinckler, J. Nigel Stuart”)
Sir David testified that he resigned from Gem Travel & Tours in 1994. Here is a section of a document that appears to substantiate that claim:
Another section of the same document has a totally different date!
The date on the change of directors is 7th September 1994, but the signature of Managing Director Janette L. Greaves is dated “2000 - 12 - 21” or 21st December 2000. The fee appears to be received on the same day. Here is the bottom of the form showing the December 2000 date.
(Philip Greaves, former Deputy Prime Minister of Barbados. He also had an interest in S.B.G.)
Six years! Why was the change of directors registered more than six years after the resignation of Sir David Simmons? From the legal standpoint of Barbados law, what was the actual date of Sir David’s resignation?
It Gets Even More Interesting!
Even though our researcher could find nothing to show that Simmons was ever reappointed to the board, there is also documentation (see below) that he resigned in 1999! Was Sir David Simmons reappointed to the board of directors? Nothing was found in the file to support this reappointment.
This second document is well worth close examination! Here are the main points:
- David A. C. Simmons and his father, Kenneth G. Simmons “ceased to hold office as directors” on “the 6th day of July 1999“
- At the bottom of the form appears the signature of his sister Janette L. Greaves, dated about six months later on “2000 - 12 - 21“, or 21st December 2000.
- The note at the top of the form apparently noting receipt of the $25 filing fee is dated “08/01/09“, following the convention above, 9th January 2008.
Seven years later! Why was this change of directors registered more than seven years after this resignation of Sir David Simmons? Was it because Sir David was facing cross-examination in 2008? Is this acceptable business practice in Barbados? Is it legal?
Disclaimer: This article expresses the opinions of this blog. These opinions are based on copies of documents obtained from the Corporate Registry (CAIPO). Any questions asked are not rhetorical but reflect the concerns of this blog. I would be most grateful for any answers. Comments from the public are most welcome, especially from those with an inside knowledge of the situation. There may be an explanation. I am extending a special invitation to Sir David Simmons to explain these apparent anomalies in his resignations from both GEM and S.B.G.