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  1. #1
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    RackCentral liquidated - where to move?
    It looks like Rack Central has gone into liquidation a couple of weeks ago (although I haven't gotten an email to notify me, ASIC website says it).

    I'm worried administrators will turn off the servers, what should I do ?

    Tony

  2. #2
    Servers Australia Peter-SAU's Avatar
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    :O Have you tried calling them?

  3. #3
    VentraIP Australia Cheyne's Avatar
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    May 2008
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    Melbourne
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    By the looks of things, they have set up a new company and are still trading under that new company.

    Could be a variety of reasons as to why they've done that but if the lights are still on I would wait until you receive some form of official communication before you decide to pull the plug.
    Cheyne Jonstone
    Executive Chairman
    http://www.ventraip.com.au

  4. #4
    Hi Yes I noticed the same thing that Cheyne did.
    Have a look at the following link.
    https://connectonline.asic.gov.au/Re...e=17qhoe2wiv_4
    It is always worth approaching the business involved in these types of matters, as they generally have a good idea of what is going on. I had to update some of my own businesses details last year.
    The Asic website is messie at best in terms of usability.
    CPK Web Services
    The one solution
    Get in touch www.cpkws.com.au/contact.php

  5. #5
    Melbourne DataCentre RackCentral's Avatar
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    Melbourne
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    Hey Everyone,

    We have recently put our old entity (RackCentral Pty Ltd) into voluntary liquidation this is indeed correct.

    If customers are concerned they can reach me on 1300 722 532 or via e-mail shaun@rackcentral.com

    Kind Regards
    Shaun McGuane
    Last edited by RackCentral; 09-10-2014 at 12:00 PM.

  6. #6
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    I am a creditor owed money by Rack Central Pty Ltd and the act of moving assets away from a collapse entity is illegal and have requested ASIC to investigate this case.

    Illegal phoenix activity involves the intentional transfer of assets from an indebted company to a new company to avoid paying creditors, tax or employee entitlements. The directors leave the debts with the old company, often placing that company into administration or liquidation, leaving no assets to pay creditors.

    Saying business is trading as usual because the assets and customers have been moved to RackHosting Pty Ltd a few days before Rack Central Pty went into voluntary liquidation is exactly what ASIC considers illegal.

    Rack Central Pty Ltd owe $333,187.68 to unsecured creditors including Advance Pty Limited, ATO, Australia Telecommunications, Cooper Mills Lawyers, Pingco, Pipe Networks, The Summit Group and Vocus.

    The customers and assets of the company has been transferred to the new entity leaving creditors with a collapse entity with only $4,028 of cash to pay debt.

    This information was soured from ASIC directly if you would like a copy ask

    My question is simple will Rack Central Pty Ltd honour and pay 100% of its creditors.

  7. #7
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    Aug 2011
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    Sydney, Australia
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    Shaun,

    It looks like your new entity isn't registered for GST- you might want to get that fixed up considering you're charging it

    EDIT: Shaun got in touch and mentioned it is a glitch with the ATO website, and they've been registered for more than a month.
    Last edited by javooooo; 09-10-2014 at 03:06 PM.

  8. #8
    Registered User
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    wouldn't be feeling too comfortable
    Quote Originally Posted by adamlunn View Post
    I am a creditor owed money by Rack Central Pty Ltd and the act of moving assets away from a collapse entity is illegal and have requested ASIC to investigate this case.

    Illegal phoenix activity involves the intentional transfer of assets from an indebted company to a new company to avoid paying creditors, tax or employee entitlements. The directors leave the debts with the old company, often placing that company into administration or liquidation, leaving no assets to pay creditors.

    Saying business is trading as usual because the assets and customers have been moved to RackHosting Pty Ltd a few days before Rack Central Pty went into voluntary liquidation is exactly what ASIC considers illegal.

    Rack Central Pty Ltd owe $333,187.68 to unsecured creditors including Advance Pty Limited, ATO, Australia Telecommunications, Cooper Mills Lawyers, Pingco, Pipe Networks, The Summit Group and Vocus.

    The customers and assets of the company has been transferred to the new entity leaving creditors with a collapse entity with only $4,028 of cash to pay debt.

    This information was soured from ASIC directly if you would like a copy ask

    My question is simple will Rack Central Pty Ltd honour and pay 100% of its creditors.

    Don't worry we'll be pursuing this fully and by pursuing this, I mean pursuing Shaun, if proven correct this type of operator shouldn't get away with this ... I have the significant resources to do this and have advised the team to not let it rest.

  9. #9
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    Oct 2014
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    Rack Central are in a bit more trouble for not declaring the company’s asset of the IP address space which they used to own which now legally the liquidator own.

    6.4 Closure of LIRs
    If an LIR holding current APNIC resources ceases to provide Internet connectivity services, all of its current resources (this includes IPv4, IPv6 and AS numbers) must be returned to APNIC. It is the responsibility of the LIR (or any liquidator or administrator appointed to wind up the member's business) to advise all of its customers that address space will be returned to APNIC, and that renumbering.
    Section 3. Transfers of IPv4 addresses and AS numbers between APNIC account holders

    3.2 Conditions on source of the transfer
    The source entity must be the currently registered holder of the resources, and not be involved in any dispute as to the status of those resources.

    Rack Central AS RACK-CENTRAL-AU has not changed ownership since 2011 and is still owned by the old entity now in the hands of the liquidator.

    This will get interesting when James Spencley (a member of the APNIC Executive Council) from Vocus who’s company is owed $200,000.00 wants his new IP address space.

    If you host within the below IP space get ready for a rocky ride.

    45.65.12.0/22
    103.11.52.0/22
    103.12.8.0/22

  10. #10
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    Oct 2014
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    You can read more about rack central and the back yard operation on Whirlpool

  11. #11
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    Quote Originally Posted by jrs View Post
    Don't worry we'll be pursuing this fully and by pursuing this, I mean pursuing Shaun, if proven correct this type of operator shouldn't get away with this ... I have the significant resources to do this and have advised the team to not let it rest.
    I look forward to seeing Shaun behind bars and bankrupt

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