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Friday 30 July 2021

21-192MR Former director charged with authorising the making of a false or misleading statement to ASIC

James Jianshu Feng, a former director of Australasia Wealth Services and Management Pty Limited (AWSM) from Ryde, NSW, has been charged with authorising the making of a false or misleading statement to ASIC.

ASIC alleges that, on or about 21 January 2020, while still a director of AWSM, Mr Feng authorised a form being lodged with ASIC that he knew falsely identified another person as being the director of AWSM from 31 July 2019. On 3 April 2020, AWSM was wound up in insolvency upon an application made by ASIC.

Knowingly providing false or misleading information to ASIC is an offence under section 1308(2) of the Corporations Act.

Mr Feng appeared before the Downing Centre Local Court on 20 July 2021 and pleaded not guilty.

The matter has been adjourned until 7 September 2021.

The Commonwealth Director of Public Prosecutions is prosecuting the matter.

Background

The maximum penalty for this offence is five years imprisonment.

As this matter will be heard and determined in the Local Court of NSW not the District Court of NSW, the maximum penalty is reduced to one year imprisonment and/or a fine of up to $12,600.

The charge was brought against Mr Feng following an ASIC investigation into AWSM.

Editor's note 1:

On 7 September 2021, the matter was adjourned for a further mention on 5 October 2021 in the Downing Centre Local Court in Sydney.

Last updated: 21/09/2021 07:32