29.May.2021
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Hyperion: Ben Hermans temporarily relieved from director position
After Timothy de Groote had been delisted as a Hyperion director,
Ben Hermans was entered into the company register as Hyperion's sole manager.
But in contrast to his predecessors, he wasn't listed as a "besturder"
(director): his position is that of a "vaste vertegenwoordiger" (permanent
representative) of the actual director - a company named "Ben Hermans BV".
That company "Ben Hermans BV" now is the subject of a compulsory dissolution: According to
Belgium's legal newsletter, a court appointed a lawyer named Jean Louis de
Chaffoy de Courcelles as an judicial liquidator ("gerechtelijk
vereffenaar") on May 7. As far as we know, this means that this liquidator now also acts as the company's representative in its role as
Hyperion's director.
Ben Hermans still owns the vast majority of Hyperion's shares though - we
assume he will return to his post as a director at some point. We currently
have no information on how this change of management would be achieved though.
In the lawsuit against Cloanto and the Amiga parties a decision regarding the
trial schedule was published
yesterday. The judge grants the motion of the Amiga parties, explaining
that it was the only one properly submitted: Apparently, Hyperion's motion
was transmitted via E-Mail as a Word document by Ben Hermans himself, which
is not accepted court procedure. According to the judge, the reason given by
Ben Hermans was that he was unable to reach the company's US lawyer.
We approached Mr. Hermans and asked for a statement regarding the Ben Hermans
BV issue. Mr. Hermans told us he can't really comment on this, as it's
being handled by his lawyer currently. He gave us the following statement:
"There is no issue of 'insolvency', there was failure to file the yearly
account for 2019 in time due to the accountancy firm not having the time
to complete this in time apparently due to the COVID restrictions
including but not limited to 'work from home' restrictions and very
limited staff allowed in offices. It would be inappropriate for me to comment further without approval for
my lawyer." (cg) (Translation: cg)
[News message: 29. May. 2021, 21:21] [Comments: 0]
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