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This profile was last updated on 10/22/10  and contains information from public web pages.

Miss Shellie Leon

Wrong Miss Shellie Leon?

Deputy Chief Executive Officer

 
Background

Employment History

  • Deputy Director
    Companies Office of Jamaica
  • Deputy Chief Executive Officer
    The Office of the Registrar of Companies
  • Deputy Chief Executive Officer Director
    The Office of the Registrar of Companies
  • Member, Office of the Registrar
    The Office of the Registrar of Companies
23 Total References
Web References
Deputy Chief Executive Officer of the ...
www.jis.gov.jm, 22 Oct 2010 [cached]
Deputy Chief Executive Officer of the COJ, Shellie Leon, told JIS News that there will be an increase/reduction in fees for some services and the introduction of other services to allow the COJ to operate more efficiently, while satisfying their customers' needs as best as possible.
...
Explaining the need for the increases, Miss Leon said that as an executive agency, the COJ is responsible for earning its keep and the most recent increases were implemented in February 2005.
She said that while the COJ is subsidising the services that it offers, its expenses over the years have been rising significantly as it has been faced with several increases in terms of cost. "Our operating expense for 2005 to 2006 was just over $120 million, while for 2009 to 2010 it is over $200 million," she informed.
Meanwhile, the charges that apply to certain groups, such as charities, non-profit associations and Non-Governmental Organisations (NGOs) will be reduced.
Miss Leon said that for several years, charitable groups have made representation to the COJ, its parent Ministry (Industry, Investment and Commerce), and the Ministry of Finance and the Public Service about their inability to meet statutory obligations.
...
"With the change in fees, this will mean that customers should file their returns on a timely basis, so that they will avoid late fees and penalties," Miss Leon pointed out.
Ziplaw Legal News: Business owners now face jail time for letterheads, ads
www.ziplaw.com, 9 Sept 2007 [cached]
"Even putting up a sign without being registered, you can be fined," explained COJ deputy director Shellie Leon."That is advertising."
Leon told Sunday Finance that anybody, in any way, doing business and advertising in a name other than their true christian and surnames are liable for prosecution, if they are not duly registered with the COJ.In the case of partnerships, all parties are obliged to become registered, as each owner would be subject to the law, according to Leon.The provision, she said, was accepted November last year.
According to Leon, the legislation was designed to protect business people, as well as third parties doing transactions with these businesses.
"It provides greater protection, proof of ownership and enable business owners to institute lawsuits," she said, adding that in many instances there was no recourse for people doing business with unregistered businesses."Third parties, many times, pay for a service that is not delivered and there is no recourse.In addition, operating business partners, at times, fall out with no proof under law of their obligations," Leon statedLeon dismissed as baseless concerns from some business people that the legislation is designed to be used as a mechanism in tax gathering.
"The COJ is not a tax collection agency, she said, adding however that "people should do what is required" regarding statutory deductions.Tax compliance, she emphasised, was not the aim of the legislation or the duty of the COJ.
"In fact, the tax office has more information on informal operators than we do," she said.In the meantime small business operators could, in the short term, be required to present COJ registration certificates for loan applications and transactions with financial institutions.
"There are many financial institutions that are aware of the changes.They have been advised and I do believe they will implement some measures soon," said Leon.
New Companies Act to Enhance Business Environment - Jamaica Information Service
www.jis.gov.jm [cached]
Deputy Chief Executive Officer at the Office of the Registrar of Companies (ORC), Shellie Leon told JIS News, that the updated law, would seek to bring Jamaica in line with the legislative provisions of other CARICOM territories and as such, would help to facilitate smooth functioning of the CARICOM Single Market and Economy (CSME), scheduled for implementation in 2005.
Highlighting the changes to the old 1965 law at a JIS Think Tank session recently, Miss Leon pointed out that the 2004 Act made the formation process for new companies "more simple."
"Under the current law, you would have to file a Memorandum of Association, Articles of Association and a Declaration of Compliance to form a limited liability company, but, under the Companies Act 2004, only two documents are filed," she explained.
The two documents are the Declaration of Compliance and the Articles of Incorporation.The Deputy CEO pointed out that whilst the Memorandum of Association listed extensively, the objects and powers of a company, the Articles of Incorporation was a shorter document, which took less time to prepare and therefore, minimised on the number of mistakes that could occur.
Additionally, there is now greater convenience in the formation of a company as the new law makes it possible for only one person to do so.According to Miss Leon, the formation of a private company required between two and 20 individuals, while seven or more persons were required to form a public company under the current law.However, the Companies Act of 2004 now gives credence to one-man companies and the law no longer requires that more than one person start the business.
"The Companies Act is taking into account the reality of modern-day circumstances," Miss Leon explained, adding that "the reality is you have many one-man companies that just only use another person (a nominee) to hold the share".
In addition, with the 2004 Act, persons wishing to form companies are able to reserve a name for the business for 90 days, thereby prohibiting anyone else from assuming that name during the period.Previously, a company's name could be taken by a subsequent applicant, even whilst the registration process was being carried out.
In another provision, greater freedom and power has been granted to limited liability companies "to do anything that a natural person can do", the Deputy CEO said.This means that, "previously, a company can only do what is set out in its Memorandum of Association, therefore, if some things were not listed . then that company could not do those things", Miss Leon explained.
She added that if the company did something that was not listed in the Memorandum, it would be deemed to have acted ultra vires, that is, acted outside of its stated powers.
In addition to the ultra vires doctrine in the 1965 Act, there is also a policy known as the doctrine of constructive notice.The abolition of this doctrine, Miss Leon pointed out, would promote greater transparency and accountability in a company's operation.
The doctrine of constructive notice means that once a document is filed at the ORC by a company, a third party doing business with that company is deemed to be aware of its content, whether or not such person had actually gone to examine it.
According to the new Act, it is not enough to conclude that a third party is aware of a document simply because it is public record.Miss Leon noted that the Companies Act of 2004, "has removed that disability and has made it easier for third parties to do business with companies".She said that greater accountability and transparency were now encouraged, as companies would be required to be open about what they do."You cannot rely on the fact that you have this document in a public place and that it is up to the parties dealing with you to view this document," she stressed.
Further promoting a healthy and sound business environment, the 2004 Act relates to the codifying of the duties of Directors within the legislation.According to Miss Leon, the standard (for Directors) has been heightened and their duty now, was that "they should act honestly in good faith and to exercise due care and skill that a reasonable person in a comparable position would exercise".She noted that previously, the standard observed by various Directors were subjective.
RJR Business News
www.radiojamaica.com, 28 Jan 2005 [cached]
Deputy CEO of the ORC, Shellie Leon says over 1,000 companies have taken advantage of the amnesty.
RJR Business News
www.radiojamaica.com [cached]
Deputy Chief Executive Director of the ORC, Shellie Leon, says that while the number of filings has been moderate, there have been scores of queries from the directors of delinquent firms.
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