Author

Topic: Re: Usagi: falsifying NAVs, manipulating share prices and misleading investors. (Read 395 times)

full member
Activity: 224
Merit: 100
Usagi: Refusal of payment after result of this: https://bitcointalksearch.org/topic/m.1231746

My position is clear.

Our communication prior to the motion makes it easy to see that we were speaking in regard to Section A4 and the acceleration of your obligation (Bringing us to expiry)

Section D 1-2 Gives the option to release the trust account to the business

Shareholders have voted unanimously (all but you anyhow) to close our account, under the assumption that:
Although if you do want the money back that's fine, I just want to see that your shareholders agree (motion).

Anyhow, to keep this thread clean, I will take this over to the Scammers Accusations thread. This is obviously more Usagi doublespeak in action.
  Wants the shareholders to be paid in an attempt to claw back, as they hold some BAKEWELL shares that would get the divvy.
Having a whole refund to use as working capital makes much more sense for us as a company.


Dear shareholders of BAKEWELL.

As you have recently voted to end the Shareholder Protection contract with CPA, I will agree to accelerate CPA's obligation. A motion was therefore held, and as the shareholders agree the contract should be canceled, the money will be returned to the shareholders. This decision is final, if I break my end of the contract I will lose trust.

I am not trying to screw anyone here, I am just following the contract. The contract which states there is a no-cancellation clause. The contract says:

C.
1. If the business breaks the terms of their contract without
   reparation, CPA will pay the value of the trust account to
   the shareholders of the business on behalf of the business.
2. A period of 30 days will be allowed for the business to
   respond and make reparations before paying out on any
   default event.


As Ian wanted to cancel the contact, BAKEWELL is in technical default. However I agree to accelerate my obligation here and work with Ian to return the money to the shareholders. tl; dr:

A.
2. CPA will insure shareholders by paying out on behalf of
   the business should the business become unable or unwilling
   to fufill the terms of it's contract (see section C).
4. No party may cancel this contract although any party may
   choose to accelerate their obligation at any time.

The full contract may be viewed online here.

I now suspect Ian will become angry at me because he took my words in PM to mean I would return the money to him personally (as an agent of BAKEWELL). I obviously cannot do this.

As soon as Ian pays a dividend of 4 BTC on Bakewell, I will send 4 BTC to the address listed below. This isn't up for appeal; Yes, CPA is in a bad situation and the last thing I need is MPOE-PR, EskimoBob, Puppet or some other jackass turning this on me saying I broke my own contract. Sorry Ian, that things had to turn out this way, again, in 6 months when this blows over and I am still around you should probably apologize for breaking your contract. Your reasoning here was exceedingly faulty, unfortunately you are bound to be angry over this, but time will tell, won't it?

Please don't expect a discussion, this decision is final. You signed a contract.

-----

Ok, at this point there's two options. Please pay a dividend of 4 BTC to your shareholders and I will transfer the money to your account on GLBSE (or to the address you have provided). Second option I can ask Nefario to take the 4 BTC out of CPA's account and have it distributed that way (if you don't trust me :p)

Anyway, sorry to see so many people voting to return it, six months later when I'm still around I might suggest you apologize. This hurt CPA and we're already in a bad situation now. When the going gets tough for BAKEWELL I can only hope your customers don't treat you as badly.

Usagi,

The understanding was that this would be a refund. You were to give the coin back to me.
Otherwise, why would my shareholders have needed to agree to have it paid to them as a dividend?

Although if you do want the money back that's fine, I just want to see that your shareholders agree (motion).

I do want the money back, my shareholders do agree, please pay:  1Q1k2uTUZ1ZSSufH2w9xnCnPPzC1QmreEa

Ian

No, you signed a contract. The disbursement options are specific. It can be paid as a dividend. This was a shareholder protection agreement, you cancelled the contract via a motion, and the money will be returned immediately -- to your shareholders. As you were told before this money was held in trust on behalf of your shareholders. It isn't BAKEWELL's money anymore.
The option to have it paid as a dividend through Nefario was offered to me prior to saying I could have the money back but you wanted to see a motion.
The motion was asked for when you said "if you (me) want the money back that's fine"
Please send the 4 BTC to:  1Q1k2uTUZ1ZSSufH2w9xnCnPPzC1QmreEa


Ok, if you don't want to pay it as a dividend, I'll send a letter to Nefario asking him to do it. Are you going to pay the dividend or not, yes or no?

[edit: If you agree to pay the dividend soon after (say within a day) I'll take you at your word and send you the 4 BTC first. But be advised if you don't pay the dividend, you will lose trust with your shareholders.]
Jump to: