Well Horus aka John MacPherson, if you think that you won't be personally liable then think again, you apron wearing bottom feeder.
John MacPherson - is a listed Director of Cryptsy Canada, if anyone here lost out by using Crytpsy Canada you have a claim against John MacPherson personally, under Canada common law you have basis for holding Directors personally liable for your losses through thier actions, in those circumstance the veil of hiding behind a corporate veil of not bieng personally liable does not hold - you taking notes here John MacPherson?
First of all (and more to follow):
Canada Business Corporations Act (R.S.C., 1985, c. C-44)
Retention of accounting records
(2.1) Subject to any other Act of Parliament and to any Act of the legislature of a province that provides for a longer retention period, a corporation shall retain the accounting records referred to in subsection (2) for a period of six years after the end of the financial year to which the records relate.
Records in Canada
(5) If accounting records of a corporation are kept outside Canada, accounting records adequate to enable the directors to ascertain the financial position of the corporation with reasonable accuracy on a quarterly basis shall be kept at the registered office or any other place in Canada designated by the directors.
Access to corporate records
21 (1) Subject to subsection (1.1), shareholders and creditors of a corporation, their personal representatives and the Director may examine the records described in subsection 20(1) during the usual business hours of the corporation, and may take extracts from the records, free of charge, and, if the corporation is a distributing corporation, any other person may do so on payment of a reasonable fee.
So anyone here based in Canada that dealt with Cryptsy? - Suggest you make a formal request to John MacPherson to visit, inspect and take extracts of records,
So Horus you still claim you didnt know anything about the finicial state of cryptsy? you one lying piece of shit
duties & liabilities of directors in
Canada
Directors of Canadian corporations are required to fulfil two principal duties—a
fiduciary duty and a
duty of care.Impose personal liability on directors in specific
circumstances where the corporation fails to act or
directors fail to provide proper
oversight or fulfill their duties
If a director fails to meet his or her fiduciary duty,
courts will hold the
director strictly liable.duty of careCanadian corporation statutes require that
when directors act, they exercise the care,
diligence and skill that a reasonably prudent person would exercise in comparable
circumstances. This is referred to as a director’s duty of care.The duty of care requires directors to take appropriate steps to make informed decisions.
Directors must ensure they have the information needed in order to make decisions,
assess the information critically and seek input from and test the recommendations of
management and the corporation’s advisors.
As a general rule, the same
duty of care applies to all directors, without regard to the
special skills or experience that a particular director may possess.However,
directors
with special skills are expected to apply those skills when they make decisions affecting
the corporation
liabilities of directorsA director may be held personally liable for damages arising as a result of various actions
(or inaction) by the director, including any act that is illegal (such as a breach of their
fiduciary or statutory duties),
permitting the corporation to act outside of its authority,
and for torts they commit individually or on behalf of the corporation. As well, numerous statutes impose personal liability on directors. Examples include
statutory liability for unpaid employee wages and vacation pay; failure by the
corporation to remit source deductions for employee income taxes as well as
Employment Insurance and Canada Pension Plan contributions; and
misrepresentations
in prospectuses or other public company disclosure documents. Potential plaintiffs
in these cases include the corporation itself, shareholders, creditors, employees and
government agenciestort (tôrt)
n. Law
A wrong that is committed by someone who is legally obligated to provide a certain amount of carefulness in behavior to another and that causes injury to that person, who may seek compensation in a civil suit for damages.
So you failed to notice that cryptsy was insolvent from the quaterly accounts??? - oh you mean you didnt see any accounts?? tut tut that wont hold up!
So you continued to operate Cryptsy Canada whilst knownigly bieng insolvent or knowingly allowed the company to operate whilst providing false reasons to its creditors regarding thier assetts placed under your care??
You publicly stated that funds - read assests deposited by users under your care - were safe?? and that you had taken precautions to safe guard these assets? thereby committing fraud and stating falsely the real situation of the corporation/company?? - Read
Tort here
Well John MacPherson - You failed in your duties as a director, you failed in your duties as security head honcho, you missrepresented the status of your company - weather knowingly or
unknownigly - which that excuse will not hold up in court - read up on directors duties, you continued to act as a director even after you knew the real situation and allowed further creditors to incurr losses by continuing Cryptsy Canada operations as a director and thereby commiting a tort amongst others.
Therefore you have knowingly caused injury to the creditors who now have a basis to seek damages against you personally.
I hope Vern bought you Indemnity insurance - wait - you mean he screwed you over too? Oh shucks just to bad, hope you cut of the heist was big enough to cover the hell fire thats gonna come your way