@matthey

Quote:

Stockholders and shareholders are synonymous as far as I know. My understanding is that the "share" in shareholders is short for "shares of stock". Both private and public businesses can have stock shares. Hyperion is no different.

And they require registration, not verbal promise.

Quote:

Court appointed auditors appear to be "helping"

Thanks for putting "helping" in double quotes. I believe that would be applicable as of the latest reports. Now? dunno.

#6

bah. fixed my non word "quate" to "quote"

Last edited by number6 on 25-Feb-2025 at 06:13 PM.

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#6 Quote:

And they require registration, not verbal promise.

Businesses used to issue stock certificates but often do not anymore. Stock issues may be recorded/registered in a book for small businesses unlike electronic management for larger public businesses. Books can be changed or duplicate books used even if watching what looks like the recording of stock. It often takes a while for stock ownership to be reported to business authorities and stock owners would have to check government ownership information. There is plenty of room for shenanigans and Ben has been accused of worse. A verbal agreement to issue stock may be valid although it would be difficult to prove without corroboration from other individuals, e-mails, etc.

#6 Quote:

Thanks for putting "helping" in double quotes. I believe that would be applicable as of the latest reports. Now? dunno.

I expect Hyperion shareholders find "helping" government auditors more "threatening" than anything but that is why I put "helping" in quotes. The auditors should be helping to get Hyperion's accounting problems solved though.

@matthey

Rewrote directions to connect the 2 mentions and repaired dead direct link about the auditor:

Here

#6

Added: If you don't see the problem, it's like this...The concern of the court is over the
Quote:

duty of independence on the part of the company auditor

This concern extends into Bofidi. And if you reread my posts about Artes Law you should know the tentacles reached them as well.

Please consider this information is now several months old and perhaps some of the -many- issues raised beyond what I listed above have been resolved.

You're going to ask me why I don't link to all this, since I always offer links that I hope back up what I have to say.

It's because I'm seeing far too many innocent people dragged into this mess and far too much personal information circulating that might make life unfairly worse for those people.
Fair enough?

#6

Last edited by number6 on 26-Feb-2025 at 01:53 AM.

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@matthey

It's interesting how reading one piece of information can spark one's memory about another older piece of information.

Source

The interesting part that ties with my prior post is that I was informed of "who" liked this entry.

If it was indeed Nele Somers, then we can conclude an awareness at Artes Law of problematic Issues for quite some time, no?

#6

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#6 Quote:

This concern extends into Bofidi. And if you reread my posts about Artes Law you should know the tentacles reached them as well.

Yes, scrutiny by the Belgium government auditors would likely extend into BB3/Bofidi and law firms that performed work related to Ben's businesses including Artes Law. Do I think there is a crooked conspiring accountant or lawyer? Not likely. Ben more likely cooked the books, lied to people and used people because it is easier and safer than trusting partners in crime and greedier than splitting the take with them.

#6 Quote:

The interesting part that ties with my prior post is that I was informed of "who" liked this entry. If it was indeed Nele Somers, then we can conclude an awareness at Artes Law of problematic Issues for quite some time, no?

It is very interesting if Nele liked the Amiga Documents X post @NeleSomers where Trevor is talking about the embezzlement by Ben in a video. If true, it would imply that she is aware that Ben is a predatory criminal and that she had likely been a victim of him. The X post is from Mar 20, 2021 and there has been so far no culpability for any of Ben's illegal acts. Maybe the government auditors are being cautious, gathering evidence and want to correct all of Ben's shenanigans before proceeding with criminal prosecution of Ben and his conspirators but Ben is freely creating more Belgium businesses in the mean time and Hyperion appears to be proceeding down the white collar crime pays path that Ben pioneered. Nele could be a powerful ally for the Amiga parties and government auditors. If she is not already working for them then perhaps she should be as she likely has the breadth of understanding of events and personal knowledge of Ben necessary to bring him and his conspirators to justice. Maybe the Amiga parties get all the Amiga IP back from Hyperion including the 68k AmigaOS 3 updates and the already payed for AmigaOS 4 without cooperation from Hyperion but it sure is taking forever and costing a lot in legal fees that would be better invested in growing the Amiga platform and making it more competitive.

Last edited by matthey on 27-Feb-2025 at 10:00 PM.

@matthey

Quote:

Do I think there is a crooked conspiring accountant or lawyer? Not likely. Ben more likely cooked the books, lied to people and used people because it is easier and safer than trusting partners in crime.

Exactly why I tried to word this gently. It just establishes connections and certainly not to indicate guilt on anyone's part.

But keep in mind that although this is the Commercial Court, that doesn't mean they would avoid mentioning suspicions/concerns in relation to the BV. After all they have to base their decisions on actual facts. I have to believe they have that information in hand. But that's just me...

#6

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@matthey

Looking back at the original:
Bofidi Doc

and your comments immediately following:

It's apparent now more than ever that this has been going on for years.

#6

added: bah. forgot link to your comments

Source

Last edited by number6 on 27-Feb-2025 at 11:58 PM.

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@matthey

You'll see quite a lot of detail beyond your comments if you OCR/translate the Bofidi doc.

#6

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@matthey

Here's one run. Forgive lack of punctuation:

Quote:

Attachments to the Belgian Official Gazette - 05/10/2021 - Annexes du Moniteur belge S 21118126 Mod DOC 19.01 Copy to be published in the appendices to the Belgian Official Gazette after filing of the deed with the registry deposited/received on 27 SEP 2021 at the registry of the Dutch-speaking company court Brussels Registry Company number: 0466 380 552 Name (in full): Hyperion Entertainment (shortened) Legal form Cooperative company with limited liability Full address of registered office: TERVURENLAAN 34-1040 ETTERBEEK Subject of deed: TRANSFER OF REGISTERED OFFICE The minutes of the board of directors dated 19/07/2021, held at the registered office, show that it was decided: To transfer the registered office to Silversquare Centraal, Kantersteen 47, 1000 Brussels as of 30/08/2021. This hereby grants a power of attorney for an indefinite period to the CVBA Bofidi Gent, Kortrijksesteenweg 1126A -9051 Ghent, or to one of its agents, namely, Ms. Lindsey Schamp, Ms. Tuuli De Smet, Ms. Sylvia Vanbeveren, Ms. Eva Thielemans and Ms. Tine Talpe, acting jointly or individually, with the right of substitution, in order to act in all ways, orally and/or in writing, as legal representative with all government authorities, such as, but not limited to, the Direct Taxes administration and the VAT, Registration and Domains administration, the AOIF administration, the National Social Security Office, and consequently, not limited to the list below: to draw up, sign and submit declarations, answers to requests for information, notifications of changes, regularization statements and appeals, to conduct discussions and sign agreements with the inspection and disputes departments and with the management and to represent them in their relationship with said administrations; to complete, request, submit and sign all necessary documents with a view to the registration of agreements, the application for the necessary permits and certificates, the registration, modification or termination of the company in the Crossroads Bank for Enterprises, the application, modification or termination of a VAT number, the affiliation, modification or termination with a social insurance fund, the affiliation with a social secretariat and the conduct of all procedures relating to registration as a contractor, the application, extension and/or transfer of an LEI code (Legal Entity Identifier), the signing and filing of forms I for publication in the appendices to the Belgian Official Gazette and the signing and filing of forms II, until amendment of the registration of the company in the Crossroads Bank for Enterprises (CBE) and for the benefit of the Post Office, Neighborhood Railways, and other transport and delivery services, to act for all shipments to the founders, managers, directors or their agents. Filed at the same time: Board of Directors Report dated 19/07/2021 Ms. De Smet Tuuli Authorized representative

Please give your opinion by checking either box#1 or box#2

(1)This is obviously a viable ongoing concern with its leadership in firm control

or

(2)This is a zombie company under investigation

#6

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@matthey

I see the release date of the document, but the information was obviously compiled prior to that.
Maybe March?

The timeline continues now into April, 2021, where Ben unexpectedly enters the lawsuit thread:

Here

From this point forward the thread is an interesting read, but I call your attention to this:
Quote:

if somebody actually bothered to do some perfunctory research

to which Amiga Documents replies on the next page:
Quote:

Perfunctory research? Be careful what you wish for.

That seems like quite the foreshadowing of the future there, considering what the Commercial Court of Belgium concluded....

#6

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#6 Quote:

Here's one run. Forgive lack of punctuation:

Thanks for the OCR translation because the weather is nice and I am trying to get some work done.

#6 Quote:

Please give your opinion by checking either box#1 or box#2 (1)This is obviously a viable ongoing concern with its leadership in firm control or (2)This is a zombie company under investigation

We know the government audits have been ongoing for years scrutinizing official documentation. This does not mean Hyperion lost control or was even forced to walk a straight path. The audits did not catch the first Hyperion non-bankruptcy shenanigans or stop the lagging accounting reports that may have triggered a bankruptcy themselves. Perhaps they did aid in catching the Ben Hermans BV shell games as there may be requirements to report changes in Hyperion share ownership. The nullification of the Hyperion stock seems to be more of a standard procedure than a punishment so I can not say if the government authorities are onto Ben and his criminal ways.

There is room for leadership at Hyperion and it very much needs leadership. Hyperion should seek out talks with the Amiga parties. The pressure from the Amiga parties is working and they can sit back and wait for Hyperion to fail. A deal could benefit all parties, increase Hyperion's survival chances and get rid of the wasteful lawsuits. It is possible that Hyperion can continue to develop and sell the AmigaOS under a reasonable license, Amiga Corporation gets out of the oppressive 2009 Amiga Inc vs Hyperion agreement and A-Eon retains a PPC AmigaOS and AmigaOne license.

@matthey

Reference to a couple of your former questions:

Of course they did not have the information from the auditor that the court required. Period.

This might help explain. It concerns Bart De Moor's change in title.

Quote:

A "deferment auditor" refers to an auditor who is reviewing financial transactions that have been "deferred," meaning the recognition of revenue or expense has been delayed until a later accounting period, usually because the related service or product has not yet been fully delivered or received; essentially, the auditor is examining transactions that are currently listed as liabilities (deferred revenue) or assets (deferred expenses) on a company's balance sheet, ensuring they are accurately accounted for and will be recognized appropriately in the future.

Hope this helps.

#6

Added:
Quote:

The nullification of the Hyperion stock seems to be more of a standard procedure than a punishment

The court reached its decision based on the facts (which were overwhelming) uncovered during the investigation.

Last edited by number6 on 01-Mar-2025 at 02:18 PM.

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Does an agreement like the following between Amiga Corporation and Hyperion seem fair?

Amiga Corporation and Hyperion Agreement Outline Quote:

Hyperion acknowledges that the 2009 Amiga Inc v. Hyperion VOF settlement agreement is invalid as it was illegally coerced by Ben Hermans of Hyperion after Amiga Inc financier Pentti Kouri's death caused financial duress. The Amiga parties (Amiga Corporation, Cloanto, C-A Acquisition Corporation) will not seek compensation from past AmigaOS sales or law fees from lawsuits as long as the following conditions are met by Hyperion. 1. Ben Hermans is not director and does not hold any other position at Hyperion 2. Ben Hermans is not a majority shareholder of Hyperion 3. Hyperion drops all lawsuits against the Amiga parties and does not pursuit more 4. all AmigaOS related source code is delivered to and is the property of Amiga Corporation 5. Hyperion acknowledges that all Amiga and AmigaOS IP is the property of Amiga Corporation 6. Hyperion transfers all Amiga related trademarks to Amiga Corporation and never tries to register or claim ownership Amiga Corporation provides to Hyperion a royalty free perpetual world wide non-exclusive license for the development and sales of the PowerPC AmigaOS, the use of the "AmigaOS" trademark for the PowerPC AmigaOS and the "AmigaOne" brand name and Boing Ball logo for PowerPC computers and their marketing. Amiga Corporation grants Hyperion a license to retain a copy of all AmigaOS sources and continue to develop and sell the AmigaOS for other than PPC CPU architectures with Amiga Corporation receiving ___% of the net profit, developers receiving ___% of the net profit and a maximum price of ___. Hyperion agrees to notify Amiga Corporation of AmigaOS changes through change logs and provide sources to Amiga Corporation before each updated release. AmigaOS related Hyperion licenses are hereby sublicensed to Amiga Corporation except where the original license prohibits it or requires royalties. Amiga Corporation has the power to withhold any changes before release and the power to change or terminate this license with ___ months of notification or at anytime with Hyperion's approval. Hyperion may not sell 68k AmigaOS 3.1 or earlier, AmigaOS 3.5, AmigaOS 3.9 or the kickstart (ROM) for any of these AmigaOS versions. Amiga Corporation hardware and hardware licensed by Amiga Corporation may ship any Hyperion developed AmigaOS for free and with free updates for ___ months. Amiga Corporation and Hyperion agree to cooperate in uncovering and seeking restitution for illegal acts committed by Ben Hermans. Hyperion will inform Amiga Corporation of all evidence and provide copies of all documentation suspected of illegal Hyperion acts affecting Amiga parties and all illegal acts committed by Ben Hermans. Amiga Corporation will inform Hyperion of evidence of Ben Hermans illegal acts and provide copies of such documentation to Hyperion on demand from Hyperion.

My hope is that such an agreement would encourage new Amiga hardware from Amiga Corporation helping Hyperion's game porting business, encourage continuous AmigaOS development from Hyperion, allow the survival of Hyperion as an independent business with some continued AmigaOS income but reduced liabilities, end the wasteful Amiga lawsuits and allow A-Eon/Trevor to continue with PPC for as long as Trevor wants to subsidize his PPC hobby. The developer percentage should not be necessary to ensure against slave labor but there are predators like Ben Hermans and others that seem to want to follow in his footsteps. One thing that needs more investigation is whether development labor contracts could be sublicensed as Ben liked to do before he discovered he did not have to pay some developers at all. This is just an outline as lawyers may write it differently and change and clarify things. It is much safer than M&A with so much risk and uncertainty. Thoughts?

Last edited by matthey on 01-Mar-2025 at 07:46 PM.

@matthey

Don't be discouraged by lack of comments.

Everyone likely thinks this is a blog thread at this point. heh.

#6

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@matthey

It is all a bit dull at this point. We all buy Hyperion sanctioned AmigaOS and put our fingers in our ears don't we?

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@matthey

Quote:

matthey wrote: Does an agreement like the following between Amiga Corporation and Hyperion seem fair?

Looks fair to me.

_________________
All the way, with 68k

BigD Quote:

It is all a bit dull at this point. We all buy Hyperion sanctioned AmigaOS and put our fingers in our ears don't we?

I do not buy Hyperion or A-EonKit products including the AmigaOS. There likely are others boycotting them on moral grounds but obviously not enough. It amazes me how out in the open people like Ben, Trevor and now Timothy are with somewhere between questionable business ethics and criminality. The grey area looks almost black to me yet they are accepted by the community who still does business with them.

agami Quote:

Looks fair to me.

Ben is out and Mike is not unreasonable. I really do not understand why Hyperion is not negotiating for their survival.

@matthey

Quote:

Does an agreement like the following between Amiga Corporation and Hyperion seem fair?

In your scenario where does Amigakit fit? Do they possibly have competing interests here with any of the others?

#6

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#6 Quote:

In your scenario where does Amigakit fit? Do they possibly have competing interests here with any of the others?

AmigaKit seems to want to do their own thing with a combination of an AmigaOS clone (Enhancer software) and AROS. Problematic is the use of "Amiga" in AmigaKit computer hardware and AmigaStore.com. Currently, they are not directly involved in the IP battles as far as I know but are aligned with A-Eon. A-Eon just seems to want continued PPC development which I do not think Mike has a problem with. The problems are the creeping encroachment on Amiga IP outside of PPC constituting a challenge of ownership and the oppressive and I believe illegal 2009 Amiga Inc v. Hyperion settlement agreement.

@matthey

Which takes us right back to the factual bullet points:

Quote:

* Mr. Carton executed the Settlement Agreement on behalf of Hyperion. * Mr. Hermans attempted to create material issues of fact by arguing about how the Settlement Agreement should be read, thereby raising the question whether the agreement is clear as to its meaning * the Meaning of, theSettlement Agreement Are Contradicted by Mr. Carton’s Testimony * Mr. Carton was the majority shareholder and the only person with decision-making authority at Hyperion, as Mr. Hermans was neither a shareholder nor a managing partner,

#6

Added: for others it worked this way:
Source post #38

If that post isn't entirely clear...
What he's saying is that info would be attributed to Evert but in fact written by Ben to pass himself off as being in charge when he wasn't.

And a little forum example:
Ben:
Quote:

Most recently, I was informed by a reliable source that Evert Carton would be coming back to Hyperion to take over the OS and to move it to a Linux kernel (hmm, I wonder who did that before?). I knew this could not be true but at the same time it was a very reliable source. Turned out some AROS branch fanatics had actually convinced themselves that this was true and were filling entire IRC channels with this nonsens.

Evert's response:
Quote:

Since you claim to be a business lawyer, you should know this could, theoretically, very well be true ...

Clue: he's telling his partner who makes the decisions

Source

Last edited by number6 on 02-Mar-2025 at 05:22 AM.
Last edited by number6 on 02-Mar-2025 at 05:03 AM.

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