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      /  Hyperion restored to Belgium's company register
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kolla 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 8:36:39
#41 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2125
From: Trondheim, Norway

@ppcamiga1

Quote:

So, problem is solved.


Problem is reinstated you mean.

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umisef 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 10:09:29
#42 ]
Super Member
Joined: 19-Jun-2005
Posts: 1677
From: Melbourne, Australia

@ppcamiga1

Look at the sixth row on that page:

Quote:
ex officio striking off: Radiation suite au non-dépôt des comptes annuels***
Since October 3, 2017


Or if you follow the "Information and activities for each establishment unit" link at the bottom, and switch to German, you get the following on the third row:

Quote:
Ambtshalve doorhaling onderneming: Löschung wegen Nichteinreichung des Jahresaschlusses***
Seit 3. Oktober 2017


Now the first part of that isn't particularly German, but Google Translate turns it into "Official removal of company:" and the German part translates to "Deletion due to non-provision of annual report*** Since October 3rd, 2017".

So no, the problem does not appear to be solved. "Since October 3, 2017" rather suggests that it is ongoing.

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NutsAboutAmiga 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 11:12:54
#43 ]
Elite Member
Joined: 9-Jun-2004
Posts: 12197
From: Norway

@TRIPOS

The EU bureaucrats quite busy making new laws and regulations, I'm sure if company A gave money to company B, without proper documentation I sure there red flags rewarding money laundry.

Anyway are also working new law regarding internet privacy, which will affect many, companies. They making laws that states all information older than 5 years should be deleted. It interesting to see what happens to help forums and public forums like this one, it also effect lot and lots of things, and accounting information, I'm sure there be many revisions.

They are also going make laws that where strict about SPAM, marketing, advisement, and customer clubs, they wont to go after the internet spammers.

Last edited by NutsAboutAmiga on 18-Mar-2018 at 11:19 AM.
Last edited by NutsAboutAmiga on 18-Mar-2018 at 11:18 AM.

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TRIPOS 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 14:25:18
#44 ]
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Joined: 4-Apr-2014
Posts: 1190
From: Unknown

@NutsAboutAmiga

Yeah, this is all about the European Union!

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ppcamiga1 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 14:35:01
#45 ]
Regular Member
Joined: 23-Aug-2015
Posts: 437
From: Unknown

@umisef

What I see here is:

Quote:
This means that the enterprise has not filed its annual accounts at the Central Balance Sheet Office of the Belgian National Bank for at least three consecutive fiscal years. The stricking out has no legal consequences for the enterprise and is just an indication that the enterprise did not fulfill its obligations regarding the filing of its annual accounts


so problem wtih:

Quote:
the company is banned from any commercial activities, i.e. selling goods or services

Quote:
the company is currently unable to file any claims in a Belgian court: claims from unregistered entities are not admissible in Belgian courts


is solved.

Rest of papers, CBE probably will get later.

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jorit2 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 14:41:29
#46 ]
Regular Member
Joined: 22-Apr-2011
Posts: 243
From: Unknown

@NutsAboutAmiga

Quote:

The EU bureaucrats quite busy making new laws and regulations, I'm sure if company A gave money to company B, without proper documentation I sure there red flags rewarding money laundry.


That's not what this is all about.
The requirement to file your financials is actually quite old.

You have to file your financials, and they will be published, open for everyone to see. Some categories/types of companies are exempt from this requirement, typically companies with fully personally liable personal guarantees behind it.

It is, among other things, about protecting possible trade-partners. Say I want to trade with company A, A making all kinds of claims about huge profits and what not, I can look at their financials, to see whether what this company A claims is actually somewhat close to the truth. I can then make an educated guess/assessment about their credit-worthiness etc.

The possibility to "scrap" companies is fairly recent, if i understand correctly, from 2013, as said in an effort to act against so-called zombie-companies. Various indicators are used to flag a zombie company, one, and one that makes sense IMHO, is whether they do file (i.e. disclose) their financials.

Evert


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jorit2 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 14:59:19
#47 ]
Regular Member
Joined: 22-Apr-2011
Posts: 243
From: Unknown

@ppcamiga1

You're wrong.

The scrapping/whatever, does not mean that the company does no longer exist.
It still has legal responsibilities etc.

It does mean that the company is heavily restricted in what it can do.
Eg, it cannot trade (and faces hefty fines, even possibly improsonment if it was found that the company does still trade, in other words, violations are not taken lightly), limitations on legal action it can undertake etc. To quote other documentation I've found, this "state of a company" is to indicate/warn others of the precarious state of the company, and encouraging the company to get its act together.

"CBE fill follow later": well CBE is an official service by the Federal Department of Economy.
The website you linked to saying that the company is active but "scrapped" is authoritative. It says so on the website by the way, it says it all over, FOD Economie ... which is the Federal Department of Economy.

Evert




Last edited by jorit2 on 18-Mar-2018 at 03:04 PM.
Last edited by jorit2 on 18-Mar-2018 at 03:02 PM.

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number6 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 15:03:47
#48 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11428
From: In the village

@jorit2

So, is this accurate (from the translated doc)?

Quote:
The company which was cancelled in the KBO but still carries out an economic activity, can be punished with a fine of 100 to 10,000 EUR and/or imprisonment from one month to six months (art. 62, § 5 KBO-Law).


#6

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jorit2 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 15:05:13
#49 ]
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Joined: 22-Apr-2011
Posts: 243
From: Unknown

@number6

It certainly is in line with documentation I've seen yes

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AdvancedFollower 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 19:13:31
#50 ]
Member
Joined: 29-Aug-2017
Posts: 79
From: Sweden

@TRIPOS
Quote:
Yeah, this is all about the European Union!


They're just terrible. Who knows what company they will forcibly delete next time for no valid reasons whatsoever. Maybe Volkswagen, or Philips...

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kolla 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 18-Mar-2018 19:30:12
#51 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2125
From: Trondheim, Norway

@AdvancedFollower

Ericsson and Nokia, of course

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Nonefornow 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 19-Mar-2018 22:44:40
#52 ]
Regular Member
Joined: 29-Jul-2013
Posts: 307
From: Greater Los Angeles Area

Quote:
a company also has to file annual reports for each fiscal year with the "Central Balance Sheet Office"


How difficult would that be for Hyperion. Possibly few thousand $ of sales, just about the same for expenses. Payroll? not even. A/R where? A/P definitely not. Tax return? Who knows?

To me is just plain and simple laziness and lack of compliance.

Last edited by Nonefornow on 19-Mar-2018 at 11:03 PM.

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spud101 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 20-Mar-2018 8:03:20
#53 ]
Member
Joined: 4-Aug-2016
Posts: 82
From: Unknown

I'm happy to see that they do have time to sue about every other Amiga company....

Forget about any constructive Amiga (tabor, AOS4.2) contribution by these guys people. They're only in it for their own ego destroying the finally converging Amiga community along their way...

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clint 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 20-Mar-2018 12:29:36
#54 ]
Member
Joined: 3-May-2003
Posts: 88
From: Market Drayton, Shropshire. UK

@spud101

Is this what you are referring to?

http://www.amiga-news.de/en/news/AN-2018-03-00041-EN.html

19.Mar.2018
amigaworld.net (Webseite)


Hyperion sued Amiga Inc., Amino, Itec and Cloanto
In the legal dispute about Amiga trademarks in USA and Europe, on 13th March in USA Hyperion sued all parties which are directly or indirectly involved. A request which still is not publicly available named "Complaint for Declaratory Judgement and Breach of Contract" (etwa: "Feststellungsklage wegen Vertragsbruch") the following companies are listed as defendant:

Amiga, Inc. Delaware (formerly known as KMOS)
Amino Development Corporation (the former Amiga Inc. Washington)
Cloanto Corporation, the US offshoot of Cloanto
Itec LLC, former investor in Amiga Washington and one of the contract partner in the settlement agreement between Amiga and Hyperion

Currently it is not clear to which this lawsuit relates. According to the title and the time of the filing it can be speculated that Hyperion considers his rights being infringed by the inactivity ofItec/Amiga with regard to the protection of the US trademark.

We are going to publish a summary of the situation. (cg) (Translation: dr)

[News message: 19. Mar. 2018, 18:10] [Comments: 0]
[Send via e-mail] [Print version] [ASCII version]

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kolla 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 20-Mar-2018 17:38:55
#55 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2125
From: Trondheim, Norway

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g01df1sh 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 20-Mar-2018 20:39:23
#56 ]
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Joined: 16-Apr-2009
Posts: 1750
From: UK

@kolla

LOL

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g01df1sh 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 20-Mar-2018 20:40:26
#57 ]
Super Member
Joined: 16-Apr-2009
Posts: 1750
From: UK

@g01df1sh

Has Brian started writing his new book yet Hyperion a company on a knife eadge LOL

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number6 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 2-May-2018 22:12:28
#58 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11428
From: In the village

@thread

Info and link to new documents concerning this topic:

https://twitter.com/amigadocuments

#6

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evilFrog 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 3-May-2018 0:29:02
#59 ]
Regular Member
Joined: 20-Jan-2004
Posts: 391
From: UK

@number6

Half a million Euros in the red? That’s child’s play!
Hold my beer...

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billt 
Re: Hyperion forcibly deleted from Belgium's company register
Posted on 3-May-2018 3:00:53
#60 ]
Elite Member
Joined: 24-Oct-2003
Posts: 3204
From: Maryland, USA

@ppcamiga1

Quote:
Status: Active Legal situation: Normal situation So, problem is solved.


That's nice, but inquiring minds like mine want to know:

Was it forcibly solved?

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