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Email reply from ASIC in regards to Diretors ID
Posted by tee on March 21, 2023 at 5:38 pmHi All,
I recieved an email response from ASIC in regards to my first round of documents sent to Joseph Longo. I am due to send second round of doucments net week.
They have responded with that “ASIC within the Taxation office has primary responsibility or administering the directors ID program and that i should contact ASBS directly about the matters raised. ASIC is responsible for enforcing directors ID offences set out in the corporation act 2001 and that it is a criminal offence if i do not apply in time.
ASIC finished off with ‘please note, neither I nor ASIC accepts or assumes any liability whatsoever rising from matters raised in your correspondence’
Should i response to this email with round two documents as well as sending them in person?
There was no instructions as to what i should do if they were to respond other than send the next round.
Thanks
bhavna replied 2 years ago 10 Members · 31 Replies -
31 Replies
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Hi to me thats just a Generic response and trying to send you on a goose chase. They have not answered any of your questions and they are just trying to palm you off. Was there a name attached to the response they sent you. If not you can just give a quick response to that saying something like, I, ……………………. am just acknowledging we have received this email but its from a legal fiction there is no name and we can only deal with people in a private capacity. Thats what I sent to a generic response to a multimillion dollar company trying to lead me down a dead end street. I have not heard from that department again. I had that with a debt company and I refused to deal with the complaints department, the CEO was over me. I continued with my notices to the higher authority of the company and I won. Just keep your notices going to where you were originally sending them.
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I like your response thank you. Definitely saved it to use at the right time
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Much appreciated thank you. I received the same email and had the same question!
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the email response I got was from a Jennifer Dolphin, Senior Executive Leader ASIC Registry Interactions & Services …
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Thanks for posting this question as I had the same email response. It was a pdf attachment. Sent by Kelly Johns for Jennifer Dolphin. Not totally sure how to respond.
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This reply was modified 2 years, 2 months ago by
wonderwoman.
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This reply was modified 2 years, 2 months ago by
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Its a hit and miss with a some of these documents. The first time I ever got a generic email it was to complaints section and I thought at firs oh this is good a response as I hadn’t had any but then I thought, hold on this is not a complaint. So I just sent the following, “I acknowledge you’re response but I will only be dealing with the CEO as this is not a complaint this is a potential law suit.” and I never heard from that department again. I CC the CEO in the response and then after that everything was sorted out. I won.
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I replied with this
To: Ms Kelly Johns and Ms Jennifer Dolphin,
ASIC Registry Interactions & Services
All Employees, Heirs, Assigns, Successors and Agents of the above.
I have received your email with the attached letter from Jennifer Dolphin.
So you say that it is a criminal offence to not apply on time for a Directors ID. Please provide the Commonwealth Law supporting your claim and answer the demand notice for further and better particulars.
TAKE NOTE that any action taken against me without proof of evidence I am breaking a Commonwealth Law would be an offence and I will be entitled to seek compensation against you.
TAKE NOTE I claim my right to a full and proper response to my original Notice.
My second Notice is forthcoming via registered post.
That was sent this morning and there has been a reply already now with this;
Dear Ms Herbaut
ASIC’s powers and the supporting law regarding Director ID is available here Director identification number | ASIC.
https://asic.gov.au/for-business/running-a-company/company-officeholder-duties/director-identification-number/#faq3 (Link took me to this page)
Regards
Kelly Johns
Senior Analyst | Registry Interactions & ServicesAustralian Securities and Investments Commission
Level 7, 120 Collins St, Melbourne, 3000
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How did did you go with your further notices?
Today, I received an email reply from ASIC to my first notice. The same as commented above.
From what I’m reading from others comments here, it’s best to keep going with the notices. Politely acknowledging the email reply in the second notice and then continue that there has been a failure/refusal to respond to the request.
Would that be correct?
14 days of first notice will be 8th June.
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thank you, i have sent what you have written as a response.
also ive just read round 4 documents and it looks like we need to attach exhibits, so all the paper work we have sent off for rounds 1 -3 we need to attach to our affidavit but i cant see where on the instructions that it says to attach photo copies of these documents in with round 4.
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Photocopies are fine and to make them more binding, if you still have the originals, then get a JP to sign them as true and correct copies.
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ive sent off the reply to the first email stating what Bricky has posted and they have replied
ASIC’s powers and the supporting law regarding director IS is available here ‘Director identification number ASIC’ (this is a link to FAQ. on ASIC)
regards
Kelly Johns
anyone got a response to their emails
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The best response from them is a non response as then you form an agreement by their assent after three Notices to them. If you have asked them any questions and they don’t answer them then that is a non response.
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Hey guys,
Thanks for all the info so, I have attached a copy of the reply documents from ASIC and ABRS for others to see. I received these replies after I sent the first x2 notices away. I think I may just add some details to my 3rd notice, along the lines of, “Thank you for your reply, however you have failed to answer any of my questions and provide proof of claim so for the 3rd time…….”
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Thanks for that. Have you seen this q and A?
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No I hadn’t seen this, thanks very much. Has mark done any recent webinars or Q&A sessions on the Directors ID subject matter at all?
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There’s a Q and A tomorrow night where you can ask any question at all just RSVP at this link http://solutionsempowerment.org/event/general-qa-april-12/ Make sure you get in promptly and make your questions very specific so he knows exactly what you are asking, If they are at all ambiguous you may get an answer you don’t want. Don’t use initials for anything because he may not know what you are referring to. If you follow this procedure you will get the right answer to the best of his ability.
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Also put Q… before your question so he can find it quickly and easily amongst the comments.
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Thanks very much morag. Last Q&A, my questions were not getting through to mark and I could not read the chat, hopefully works tomorrow.
I’m thinking that I should just send away my 3rd directors I.D. notice as per SE templates to complete the 3 notice process regardless of ASIC claiming no responsibility rather than change the details aiming more towards ABRS at this point. What are your thoughts? I will try to get more clarity and guidance on the Q&A tomorrow.
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If I was you yes I would finish the process (I started a process with the council and they backed off before I finished but I made sure I finished the process so I had an agreement with them that if need be in future I could take to court) and then maybe send the same process to ABRS as well just changing the ASIC in your documents to ABRS.
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I’ve replied with my 3rd edited notice as below to complete my 3 notice agreement (respondents changed for ABRS letter);
Dear Joseph Longo and Jennifer Dolphin,
I thank you and acknowledge your reply letter dated 05 April 2023. It has come to my attention that ASIC failed or refused to respond to my previous demand notices titled “Notice of Conditional Acceptance, Notice and Demand for Further and Better Particulars and Notice of Liability” dated 09<sup>th</sup> March 2023 and “Default Notice, Notice and Demand for Further and Better Particulars and Notice of Liability” dated 27<sup>th</sup> March 2023. Your failure to answer my questions is now taken as your notice of non response.
In the event of some impossibility to answer my questions, a simple oversight or other legitimate reason for not answering my questions, I afford you this third and final opportunity to respond to and answer this, my Third Demand Notice, in order to correct your commercial defaults and your dishonors in having failed to positively respond to my earlier written correspondences. If you fail to answer my questions for this third and final time, you will remain in commercial default, a default private judgement will be made and this document will be kept as evidence of our agreement for any future dealings.
You are kindly and respectfully directed to deliver to me within fourteen days of the date upon this Final Notice, Notice and Demand For Further and Better Particulars, Else Notice of Default Judgment (Third Demand Notice) your answers, with supporting evidence, to the statements within the following paragraphs prior to me supplying you any information pertaining to the Director’s ID, under some real, imagined, alleged or future legislation, Orders and/or directions compelling the Director to supply aforesaid Director ID information;
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Urgent – Hi All, does anyone have the Word templates for round 4 of the Director ID process?
I’ve tried 6 times now to produce the Round 4 letters from the site and it continues to go to ‘error 404’. I’ve done it with multiple names, with multiple credit cards and with multiple emails but none of it has worked. The automated response letter was emailed to me on 2 occasions which says ‘letters are attached’ but they were not. I’ve submitted a couple of ‘help requests’ on the contact us and haven’t had a response yet.
I really need the templates please as we’ve passed the 14 days and I don’t want to lose the momentum of this.
If anyone has passed round 4, can you let me know please.
Much appreciated, thanks
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Hi Belle there is a webinar on how to open a bank account for a trust tomorrow night. At the end they will have a Q and A and you can ask Mark there what is going on. He may not know that you are having these problems and that would be an ideal venue to get directly to him. RSVP here https://solutionsempowerment.org/event/webinar-role-play-round-table-court/#rsvp-now
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Hi Belle,
i didnt have a problem with the round 4 documents, i managed to download and print them.
Perhaps theres something on your account that needs to fixed in the background.
Tarei
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HI Belle,
Ive just tried to do round 5 and its coming up with the same error your experiencing
Must be something on their end
Tarei
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Thanks for letting me know Tarei. I’ve used different browsers, different pc’s, different emails and it’s not working. The files aren’t attached in the reply email. I’ve spent hours on this trying to troubleshoot. I haven’t got a reply from Mark’s team yet. Unfortunately I couldn’t make the call last night to ask the question. Would you be ok sharing the blank #4 template in the attachments here? I will continue with the troubleshooting in the mean time. Thanks so much.
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Hi belle there is another Q and A with Mark next Wednesday devoted to just answering questions. You can RSVP here https://solutionsempowerment.org/event/general-qa-may-10/
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