Chronicle Editor
Leonard Ncube
TWO businessmen based in Zimbabwe have been dragged to court for allegedly forging company registration documents and imposing themselves as directors of a mining company owned by some Chinese.
Mark Andrew Hughes (66) an Australian domiciled at Hillside in Bulawayo is one of the Shareholders of DGL Investments Number Five Private Limited representing Gwampa Mining where he owns 20 percent shares.
His co-accused Francesco Marconati (67) an Italian living in Borrowdale, Harare is one of the shareholders of Eagle Italian Shoes Private Limited which owns 25 percent shares of DGL Investments Number Five Private Limited Company.
The duo is accused of a count of contravening Section 67 of the Companies and Other Business Entities Act as Read with Section 202(2) of the Companies and Other Business Entities Act Chapter 24:31 and another of forgery.
The case was filed at the Bulawayo Magistrates’ Courts housed at Tredgold Building where the accused is expected to appear.
The complainant is Mr Yan Bo from Harare and he is the Alternate Director and shareholder of DGL Investments Number Five Private Limited having been appointed by Mr Wang Ke in his absence according to section 63 of DGL Investments Number Five Private Limited Articles of Association.
Allegations are that on 4 November 2021, Hughes allegedly forged a Form C.R 6 and filed with the Registrar of Companies in Bulawayo where he appointed himself as Director of DGL Investments Number Five Private Limited with a date of 19 April 2021.
On 28 January 2022, it is alleged, Hughes, signing as company secretary, forged Form CR6 with the Registrar of Companies and Intellectual Property and appointed Marconati as a new director with a back date of 26 January 2022 without conducting any shareholders meeting or general meeting.
Hughes allegedly filed the C.R 6 return without the knowledge and consent of the three shareholders and Company Secretary Mr Li- Song.
It is alleged that the filings were fraudulent in that all the three existing directors who are representatives of shareholders had no knowledge of, nor did they give consent to the changes to be made.
The company procedures were also not followed in the appointments and the documents therefore constitute a misrepresentation of the affairs of the company. Hughes and Marconati allegedly took control of all mining activities at the said company and barred other shareholders Mr Xing Mingchang, Mr Ke Wang and Miss Li Song from entering the company premises as well as access to company’s mine production records.
They also allegedly further gave mining contracts to illegal miners for their personal benefits using company assets. The complainant later made a police report after getting knowledge of the anomaly.
On 28 January 2022, the accused forged a form C.R6 and filed with the Registrar and he signed it on 26 January 2022 as a company Secretary.
The accused person filed the C.R 6 return without the knowledge and consent of the Company Secretary Miss Li- Song.
The complainant later realised what the accused person had done and made a report to the Police.
Online Reporter