Sun Nov 11, 2007 8:37 pm Post subject: The FUND - enquries made by nbrado and bjr - UPDATE 6/11 Above is the link for Comapnies House about the Madeleine Fund.
The date that this Company is registered is the 15.5.07 just 12 days after Madeleine disappeared.
First Madeleine went missing on the night of the 3rd May and most people did not know until Friday 4th May. Unless you wrote and posted a cheque straight away to the McCanns in Ocean village PDL Portugal to arrive in PDL by about Tuesday or Wednesday 9th/10th there would not have been enough money to even contemplate starting a fund.
Most people would have waited for at least a few days to see if Madeleine was found before sending money. So that would have been in the w/c Monday 8th. So by the time it got to Portugal, Rothley etc it would have been the end of the week.
Mostly rewards were offered in the beginning for the safe return of Madeleine but these were would only be paid if Madeleine was found and the abductor charged.
So why register for a Fund just 12 days after the disappearance of Madeleine, surely by then there was not enough money coming in to warrant a fund.
The date of the 15.5.07 was the date the company became registered and would not have been the date the papers were sent to Companies House. Obviously it must take a couple of days to get papers drawn up, a fund set up amongest other things so this would have been done in the week commencing the 8.5.07.
So for this fund to have been in place the lawyers were there straight after Madeleine disappeared. Why? Was it to give legal comment on what might have happened on the 3.5.07 and to point out where they stood in the eyes of the law. Client confidentiality etc.
It as also been pointed out by another poster that prior to the setting up of the limited company, they also enquired about registering as a charity. Copied and Pasted as you have to type in Madeleine on link. So here is what is down in Companies House.
Company Details
The WebCHeck service is available from Monday to Saturday 7.00am to 12 Midnight UK Time
Name & Registered Office: MADELEINE'S FUND: LEAVING NO STONE UNTURNED LIMITED 2/6 CANNON STREET LONDON EC4M 6YH Company No. 06248215
Status: Active Date of Incorporation: 15/05/2007
Country of Origin: United Kingdom
Company Type: PRI/LTD BY GUAR/NSC (Private, limited by guarantee, no share capital) Nature of Business (SIC(03)): None Supplied
Accounting Reference Date: 31/03 Last Accounts Made Up To: (NO ACCOUNTS FILED) Next Accounts Due: 31/01/2009 Last Return Made Up To: Next Return Due: 12/06/2008
Previous Names: No previous name information has been recorded over the last 20 years.
Branch Details There are no branches associated with this company.
Oversea Company Info There are no Oversea Details associated with this company. _________________
Copied and pasted from Madeleine site. Fund Details Statement by the Board of Madeleine�s Fund: Leaving No Stone Unturned Limited
The Fund would like to thank everyone for their kindness, support and generosity.
Madeleine�s Fund was set up to:
Find Madeleine;
Support the Family; and
Bring the abductor or abductors to justice
and subject to that to help other missing children
With the sudden dramatic and unexpected turn of events at the weekend the directors had to consider whether legal defence costs could be paid for by the Fund.
The Board has taken advice from Bates Wells & Braithwaite London LLP and Christopher McCall QC. The Board has been advised that payment of Gerry and Kate�s legal defence costs would be legally permissible subject to conditions about repayment in the event of a guilty conviction.
The directors of the Fund discussed this today. The two family directors, Brian Kennedy and John McCann withdrew from the meeting when the decision was made. Esther Mcvey chaired the meeting.
The Fund directors realise that there is not only a legal answer and recognise the spirit which underlies the generous donations to Madeleine�s Fund, which it is the directors�?responsibility to steer.
For this reason the Fund directors have decided not to pay for Gerry and Kate�s legal defence costs. We stress that Gerry and Kate have not asked for these costs to be paid. However, people have already called in offering their financial support. Any such fund to pay legal defence costs would have to be separately set up and administered.
At the heart of this campaign and Fund is a little girl confused, lonely and in need of her parents. This Fund�s money will be focused on finding that little girl and leaving no stone unturned.
12 September 2007
reperioverum wrote: | I believe that the "Trademark" on Madeleine's name was applied for on 25th May |
Trademark application: http://oami.europa.eu/CTMOnlin.....lCTM_NoReg
Trade mark name : Madeleine's Fund: Leaving No Stone Unturned Trade mark No : 005917232 Trade mark basis: CTM Number of results: 1 of 10
--------------------------------------------------------------------------------
| | | |
--------------------------------------------------------------------------------
Trade mark
Filing date: 18/05/2007 Nice Classification: 9, 16, 35, 36, 41, 45 ( Nice classification) Trade mark: Individual Type of mark: Word Acquired distinctiveness: No Your reference: RJO/EC/203727/0001 Status of trade mark: CTM application pending publication ( Glossary) ( History of statuses) Filing language: English Second language: French
--------------------------------------------------------------------------------
Graphic representation
No entry for application number: 005917232.
--------------------------------------------------------------------------------
List of goods and services
Nice Classification: 9 List of goods and services Downloadable and non-downloadable internet publications.
Nice Classification: 16 List of goods and services Printed matter.
Nice Classification: 35 List of goods and services Promotional and public awareness campaigns related to missing children.
Nice Classification: 36 List of goods and services Financial services including fundraising collections and the management and monitoring of funds; charitable fundraising; the provision of financial assistance (aid) to families and others affected by missing children; financial grant services.
Nice Classification: 41 List of goods and services Provision of non-downloadable internet publications; organising events including fundraising events.
Nice Classification: 45 List of goods and services Social services rendered by individuals to meet the needs of others, namely pastoral counselling, advice and guidance services; information services related to the provision of assistance to families and others affected by missing children.
--------------------------------------------------------------------------------
Description
Description of the mark: No Description
--------------------------------------------------------------------------------
Owner
Name: Madeleine's Fund: Leaving No Stone Unturned Limited ID No: 297192 Natural or legal person: Legal entity Address: 2-6 Cannon Street Post code: EC4M 6YH Town: London Country: UNITED KINGDOM Correspondence address: Madeleine's Fund: Leaving No Stone Unturned Limited 2-6 Cannon Street London EC4M 6YH REINO UNIDO
--------------------------------------------------------------------------------
Representative
Name: BATES, WELLS & BRAITHWAITE ID No: 11333 Address: 2-6 Cannon Street Post code: EC4M 6YH Town: London Country: UNITED KINGDOM Correspondence address: BATES, WELLS & BRAITHWAITE 2-6 Cannon Street London EC4M 6YH REINO UNIDO Telephone: 00 44-2075517777 Fax: 00 44-2075517800 E-mail: [email protected]
Dear Sirs,
With reference to the the Madeleine Fund - leaving no stone unturned, as a member of the Public I wish, that the following points are clarified, as Mr & Mrs McCann have been made formal suspects, by the Portuguese Police, with regards to the disappearance of their daughter Madeleine.
The following points are:
Since Mr & Mrs McCann have been made formal suspects, please could you confirm that all payments to them have been suspended since their arguido status date and will remain suspended until they are exonerated or their arguido status is lifted whichever is the soonest. Due to the severity of the allegations made by the Portuguese authorities I feel that no payments should be made, until the above happens, as this could be construed as making gains from a criminal activity.
Also I would be most appreciative if you can confirm that you have approached the Portuguese authority offering any financial assistance they require, with regards to a reconstruction being done, based on the events of the 3rd May, 2007.
Can you also confirm, that the fund is not paying for any services by outside organisations in respect of investigations, i.e. CRG or any company that offers investigation services, to help clear Mr & Mrs McCann, and is only paying for those services that are actually investigating sightings etc of Madeleine.
Please could you confirm whether any other members on the board have any professional/social connections with Mr & Mrs McCann, as this could also be classed as a conflict of interest, when making any payments to Mr & Mrs McCann.
Further more could you confirm whether the fund that is classed, become known as the legal fund., whether this is a limited company and if it has been registered at Companies House, if so please could you supply registration no.
Also as the majority of the funds were donated by the public, please could you confirm that accounts will be shown, to include exactly where the money was spent and who received payments.
Thanking you in anticipation and I await your reply.
Yours faithfully ------------------------------------ Copy of e-mail I have sent to the fund, solicitors and auditors. I await their reply and will paste onto thread as soon as I receive it, that's if they bother to reply.
EDITED I have also resent e-mail requesting to know if the Legal Fund has been registered with companies house. _________________
Copied and pasted from above link.
Charity News Alert Maddy�s Fund rejection story �misreported�?says Commission Gareth Jones
The Charity Commission has denied a report in The Times newspaper that it refused to award charitable status to the fund set up by the parents of missing child Madeleine McCann to finance the international search effort.
The Commission was quoted in the article as saying the money raised was not for the �wider public good�? but has told Charity News Alert the story had been �misreported�?
�We were first approached for our advice about the possibility of a fund to assist the parents�?search on Monday 14 May,�?explained a spokeswoman for the Commission. �We held discussions with the family�s lawyers and in the end they decided not to pursue that route.�?
Since the disappearance of Madeleine from a holiday villa in the Algarve, Portugal, on 3 May, the story has captured the public�s sympathy and filled column inches in both the tabloids and the broadsheets. The search fund, known as Madeleine�s Fund: Leaving No Stone Unturned, has so far raised over �?84,000 from the public and businesses.
Which makes me wonder why only paypal accept payments. Have banks seen through this, surely if would make great business sense and a good PR for their company if they offered online payments through an account.[/quote]
According to the website http://www.bringmadeleinehome.com/fund/ (and this was updated on September 12, 2007 by the Board's statement) there are methods in place to accept mail-in donations and Internet donations:
Postal Donations
These can be made with cheques payable to 'Madeleine's Fund : Leaving No Stone Unturned'. Cheques should be posted to the following address:
Madeleine's Fund: Leaving No Stone Unturned Limited
PO Box 53133
London
E18 2YR
Internet donations can be made into the following account:
'Madeleine's Fund : Leaving No Stone Unturned'
Branch Natwest PO BOX 113 Cavell House 2A Charing Cross Road London WC2H ONN
Sort Code 60 40 05. Account Number 32130058
Internet banking donations from abroad
IBAN : GB63 NWBK 6040 0532 1300 58 or IBAN : GB63NWBK60400532130058 Sort Code : 60 �?40 �?05 Account number : 32130058 Iban bic : NWBKGB2L
All donations will be processed free of charge.
--------------------------------------------------------------------------------
Funds will be paid to Madeleine's Fund: Leaving No Stone Unturned Limited:
Madeleine�s Fund: Leaving No Stone Unturned Limited is a company limited by guarantee, registered in England and Wales, Company Registration Number - 6248215
Registered office: 2-6 Cannon Street, London EC4M 6YH.
Auditors: Haysmacintyre, Fairfax House, 15 Fulwood Place, London, WC1V 6AY.
For more information on the Fund, please see the FAQ Page.
Sponsored by Infohost LTD
I wrote to my MP about the fund as guess what does not want to know.
Copy Below
Dear xxxxxxx
Thank you for your email which I read with interest. This is, of course, a private fund and under those circumstances it does not fall under any parliamentary jurisdiction.
Yours sincerely, Bob Marshall-Andrews QC MP[/quote]
------------
And this is where McCanns have fooled everybody.
There is little, or no, precedent or law for the likes of them. UK law is based on the presumption of "innocent until proved guilty". It means that everyone is assumed to run their affairs honestly and legally. If they do not, the onus is on the police to prove fraud, and this type of white collar fraud is almost impossible to prove, as access to documents is restricted by the fraud-company's legal rights to confidentiality etc. etc.
It is illegal to simply point the finger and say "I know you are conning me" without proof, and the never ending circle begins. I don't approve of death threats to McCanns, but I suspect there will be more. Update:
Re e-mail from Solicitors
Dear Madam
Further to your email of 29 October, we hope to be able to respond to your email in the next couple of weeks.
Yours faithfully
Bates Wells & Braithwaite London LLP
Please could you keep bumped awaiting for e-mail. The domain registrations were on the 10th and 11th May�?.
Domain Name: FINDMADELEINE.COM Created on: 10-May-07 Expires on: 10-May-08
Domain Name: BRINGMADELEINEHOME.COM Creation Date: 11-may-2007 Expiration Date: 11-may-2008 �?.just days after she went missing. In addition, they patented her name etc on 18th May, only a week later (see filing date below). Trade Mark Details as at 02 July 2007 Case details for Trade Mark 2456061 Case history Mark Mark Text : Madeleine's Fund: Leaving No Stone Unturned Status: New Application Classes: 09 16 36 41 List of goods and/or services Class 09: Downloadable internet publications Class 16: Printed matter Class 36: Charitable fundraising; charitable and non-charitable services relating to the provision of assistance to families and others affected by missing children. Class 41: Non-downloadable internet publications Relevant Dates Filing Date: 18 May 2007 Names and Addresses Proprietor: Madeleine's Fund: Leaving No Stone Unturned Limited 2-6 Cannon Street,London,EC4M 6YH Residence Country: United Kingdom Customer's Ref: RJO/EC/203727/0001 ADP Number: 0910987001 Service: Bates Wells & Braithwaite Scandinavia House,2-6 Cannon Street,London,EC4M 6YH ADP Number: 0710671001
Presumably, it must have taken a few days to get the paperwork ready to send into the patent office.
The corporation which was set up, Madeleine's Fund: Leaving No Stone Unturned Ltd probably took a week or so to be processed, which further May 8. This would mean that barely two weeks after their child went missing, in the most distressing of circumstances, they had already set up a web site and a business (note: �non charitable services�?, using her disappearance as the basis for it.
Nbrado has made his telephone call to Esther McVey re the Fund and information of call is posted below. Thanks Nbrado.
**RESULT**
I have spoken with esther this morning.
The original number she gave me kept going through to an answerphone I went through to the switchboard and waited on hold... this time we spoke.
There is no recording of the call as esther could not agree to this and personally I do not blame her.
I raised my initial question regarding why there was an omission of the fact that the mortgage payments had been stopped when their status changed.
Esther did not comment on why it was omitted but went through the fund guideline information and basically pointed out that it was ok up to the point they changed status to use the fund money to pay such things.
nothing we didnt already know just the legal stance stance that in the guideline under supporting the family it was ok to use the money up until the point that their legal status changed.
she told me that at no point did gerry and kate ask for money.
I raised the point that gerry found it frustrating not to be able to use the money for legal defence and therefore would suggest that HE or someone asked.
esthers response was he must have been taken out of context by the reporter.
make of that what you will.
Next I raised the question how do we get a refund.
Esthers answer was
" I do not want to give anyone false hope but I honestly dont know "
She does not know at this time the standing for people to get a refund however she is having a board meeting on the 14th of november and has promised to raise the question and formulate a response to those wishing to obtain one.
She did point out obviously that anyone seeking a refund would have to provide proof they donated but at this time she again stated she does not know yet but will on the 14th how the public can make a request of a refund.
Esther actually asked me a question!
why do people feel they need a refund what have they been saying.
I told her that its a moral issue and that people expected the money to fund a search not a mortgage and the hiring of companies that do not specialise in missing persons has people upset.
her answer to this was that brian kennedy and richard branson are footing the bill for the investigators at the spanish phone company and current campaign actions in process.
so officially people brian and richard are paying ALL bills at the moment not the fund.
I thanked her for her time and she will contact me after the 14th to advise what the fund board situation is on refunds.
until then as esther said no false hope people...
From nbrado
No problemo guys and gals.
lets see what the 14th brings in terms of how people are entitled to a refund from the board.
I did point out to esther that legally i'm not implying that they did anything wrong but the whole thing stinks on a moral issue and that is why people are upset.
it was nice of her to take the time finally to answer my questions and she was nice enough on the phone.
though it is official brian and richard are paying the bill for everyting at the moment and that includes the call center and phone lines in spain.
interesting I thought...
why the freeze on spending the fund money and having them foot the bill..
obviously the 14th is when the issue will be raised and discussed till then I suspect they dont want to touch the cash till a bulletproof plan is formulated and a reponse to those seeking refunds.
best not spend anything donated until then eh
excellent work you two doobyscoo HAPPYDOG wrote: | I do have to say that I believe the public was mislead. Remember the 'collection box' at the MW Resort - was that marked thatit was a private company I doubt it. This fund is very worrying and imo was set up giving the impression that it was a charity.
Thanks so much for all your work in doing this. |
Thats OK Happydog, please do come and visit us in jail bjr Site Admin Regarding payments from Ltd company funds. For a Ltd company to disperse funds it is normally done in one of the following ways: Salaries Dividends Payment of third party invoices Re-imbursement of legitimate expenses incurred whilst carrying out company business Benefits in kind Inland Revenue taxes
Now if the company were to pay to somebody, as in non-employee and non-shareholder say £2000 (as for use in a mortgage payment), then that would most likely be considered as BiK by the Inland Revenue and as such, the receiver would have to declare this sum and pay tax. Should the receiver be taxed at 40%, then to receive a nett sum of £2000, a payment of £3333 would be required.
Incidentally, as a SME company, at the financial year end the company would be required to pay Corporation Tax on its yearly "profits". Corporation tax on profits of £330k to £1.5M is currently 32.5%.
Not a very efficient way of using the funds I would suggest. Unless of course the accountants have found a way around this. Wiseman
|