The FA's Fit and Proper test

[Tex]

If you are wondering what the Fit and Proper test is, here is a short idea. You cannot be convicted of any offences, banned from a Sports Governing Body if involved in the administration, subject to Bankruptcy Order, not a director of two football clubs that have entered into insolvency while being director. That sort if of thing. If you were thinking the 20,000+ people exempt from this, I am afraid you would be wrong.

 

What a qualifies a director, here is the FA's own explanation:

 

“Director” means in respect of any Club, any individual person operating the powers

that are usually associated with the powers of a director of a company incorporated

under the Companies Act (as a company limited by shares or by guarantee)

including, but not limited to:

a) a person exercising direct or indirect control over a corporate director of the Club;

a person registered as a director or secretary of the Club with the Registrar of

Companies;

c) a person for whom a Form 288(a) (to be filed with the Registrar of Companies)

has been completed in relation to the Club;

d) a person who has been elected to become a director of the Club at a meeting of

the board of directors of the Club;

e) a person who has been elected to become a director of the Club at a meeting of

the members of the Club;

f) a person in accordance with whose directions or instructions the persons

constituting the management of the Club are accustomed to act; or

g) a person who exercises or is able to exercise direct or indirect control over the

affairs of the Club. For the purposes of this definition, a person shall be regarded

as being able to exercise direct or indirect control over the affairs of the Club in

particular but without prejudice to the generality of the preceding words if that

person owns or is entitled to acquire 30% or more of the share capital or issued

share capital of the Club or the voting power in the Club.

 

So they will need to get their act together and their FAAPT forms in! What happens if they fail to register?

 

1-7 days late, the fee is £250, 8-21 days £300, 22 days and over, £500. Each occurrence of false information on documents cost £5,000.

 

Persistent failure will lead to the director being removed, or the club being suspended from play.

 

Let's hope our 20,000 directors are in order.

 

[American FLEET FAN No1]

.....Or not!

[Newark Colin (BAFC)]

erm, Chas Majeed? If you think the FA care about football at this level then you are sadly mistaken.

 

Interesting to see the criteria though, thanks.

[JohnB]

Sorry folks. I don't own, nor am I entitled to own, more than 30% of the share capital.

 

If your theory was right - every member of organisation like the Seadogs Trust would be subject to those rules. Any new directors appointed would have to follow those regulations though Whether they are from MyFC or not.

[American FLEET FAN No1]

I would like to know who the new board are going to be? I bet, before any votes are taken, It will consist of at least one or two Americans, and at least one from Ireland...Think about it!

[Tex]

Originally Posted By: Newark Colin (BAFC)

erm, Chas Majeed? If you think the FA care about football at this level then you are sadly mistaken.

Interesting to see the criteria though, thanks.

FA told him he could not be the chairman of the club, because of his bankruptcy. It's up to Victor Marley to give the brothers the sack.

Originally Posted By: JohnB

Sorry folks. I don't own, nor am I entitled to own, more than 30% of the share capital.

If your theory was right - every member of organisation like the Seadogs Trust would be subject to those rules. Any new directors appointed would have to follow those regulations though Whether they are from MyFC or not.

Seadogs Trust is just that, a Trust society. Where as MyFC is MyFootballClub Society, Ltd. Huge difference in legal terms. And as the 20,000 of you are part of MyFootballClub Society, Ltd, you will jointly own more than 30% of the capital of the club has. As a private company limited by shares, it will be your duty for each of the members who will possess powers over the club, to fill the forms out.

[Newark Colin (BAFC)]

Sorry to continue on the Majeed point, but as far as I understood he was not allowed to hold any directorial role, yet any boardroom statement seems to be attributed to him.

 

As for the MyFC Society, the plot thickens. Good work.

[JohnB]

Originally Posted By: Tex

Seadogs Trust is just that, a Trust society. Where as MyFC is MyFootballClub Society, Ltd. Huge difference in legal terms. And as the 20,000 of you are part of MyFootballClub Society, Ltd, you will jointly own more than 30% of the capital of the club has. As a private company limited by shares, it will be your duty for each of the members who will possess powers over the club, to fill the forms out.

The Ebbsfleet shares would be owned by MFC - a trust society, which is established under exactly the same rules as the Seadogs trust.

MFC Ltd is a separate organisation, which has a contract with MFC the trust.

[George Reilly's Hairpiece]

Originally Posted By: JohnB

Originally Posted By: Tex

Seadogs Trust is just that, a Trust society. Where as MyFC is MyFootballClub Society, Ltd. Huge difference in legal terms. And as the 20,000 of you are part of MyFootballClub Society, Ltd, you will jointly own more than 30% of the capital of the club has. As a private company limited by shares, it will be your duty for each of the members who will possess powers over the club, to fill the forms out.

The Ebbsfleet shares would be owned by MFC - a trust society, which is established under exactly the same rules as the Seadogs trust.

MFC Ltd is a separate organisation, which has a contract with MFC the trust.

I thought there was a big discussion on this a couple of days back and it was decided, by members, that in fact it wasn't a trust. Is it now a trust again?

[JohnB]

As far as I am aware - MFC is a trust and always has been.

 

However, MFC Ltd is not a trust.

 

-----

 

"When you pay your membership fee, you will become a member of the MyFootballClub Trust. Your Trust will purchase a controlling interest in the football club, in effect making you a joint owner of your football club."

[George Reilly's Hairpiece]

Originally Posted By: JohnB

As far as I am aware - MFC is a trust and always has been.

However, MFC Ltd is not a trust.

-----

"When you pay your membership fee, you will become a member of the MyFootballClub Trust. Your Trust will purchase a controlling interest in the football club, in effect making you a joint owner of your football club."

Not what one of your forum mods has been telling us.

Originally Posted By: doheochai

MyFC is not a trust - it is a provident society. I don't and never have described MyFC as a trust and I am not aware of any members of MyFC who have (there maybe a few who haven't read the T&C's but they are few and far between).

[JohnB]

MyFC is a provident Society - As is the Seadog Trust. The following excerpt is from http://www.seadogtrust.com/

-----

 

"Seadog Trust is a Supporters' Trust that was formed for Scarborough FC fans. It was officially registered as an Industrial & Provident Society with the FSA in September 2006 with the assistance of Supporters Direct. "

 

----

 

MyFC is called Trust on the MyFC "How it Works" page.

 

"Members will own the club through their MyFootballClub Trust, and together they will attempt to guide their football club to success."

 

There is no discrepancy, and MyFC Trust members will not need to meet the 'Fit and proper test' criteria in the same way that Seadog Trust members don't have to.

[Dewsbury SAFC]

Originally Posted By: Tex

Seadogs Trust is just that, a Trust society. Where as MyFC is MyFootballClub Society, Ltd. Huge difference in legal terms. And as the 20,000 of you are part of MyFootballClub Society, Ltd, you will jointly own more than 30% of the capital of the club has. As a private company limited by shares, it will be your duty for each of the members who will possess powers over the club, to fill the forms out.

Actually, you are wrong. Seadog Trust is also an Industrial & Provident Society, just as MyFootball Club Society Ltd is. The full registered name of Seadog Trust is Scarborough FC Supporters Society Ltd (we were formed when the original Scarborough FC was still in existence). Our IPS was formed using the model rules created for Supporters' Trusts by Supporters Direct.

As I understand it, the fit & proper person's test doesn't apply to individual shareholders, although it does apply to club directors.

[Uncle Urchin]

Originally Posted By: Dewsbury SAFC

As I understand it, the fit & proper person's test doesn't apply to individual shareholders, although it does apply to club directors.

I can assure you it does and as a body behind the shareholding entity you lot are gonna give my mate colum a serious fckn headache..

[American FLEET FAN No1]

Originally Posted By: George Reilly's Hairpiece

Originally Posted By: JohnB

Originally Posted By: Tex

Seadogs Trust is just that, a Trust society. Where as MyFC is MyFootballClub Society, Ltd. Huge difference in legal terms. And as the 20,000 of you are part of MyFootballClub Society, Ltd, you will jointly own more than 30% of the capital of the club has. As a private company limited by shares, it will be your duty for each of the members who will possess powers over the club, to fill the forms out.

The Ebbsfleet shares would be owned by MFC - a trust society, which is established under exactly the same rules as the Seadogs trust.

MFC Ltd is a separate organisation, which has a contract with MFC the trust.

I thought there was a big discussion on this a couple of days back and it was decided, by members, that in fact it wasn't a trust. Is it now a trust again?

Once again George, you are right........Their spiel spins faster than your hairpiece in a gale! Is myfc owned by Dereck Trotter?

[JohnB]

Originally Posted By: American FLEET FAN No1

Once again George, you are right........Their spiel spins faster than your hairpiece in a gale! Is myfc owned by Dereck Trotter?

Ahh - you didn't bother to read my reply then?

Part of the problem, is you are talking to lots of members of MyFC here, not everyone has the same level of understanding of things. But that is the same everywhere.

You all push the awkward questions trying to get some information - then get surprised when its not 100%

You really ought to be pushing your share holders and directors of the club to give you more information about what is going on. However, I suspect that that then becomes 'real world' business and they won't tell you much.

Most of these MyFC guys are going their best to be honest and as open with you as they can. Shame you can't see the honesty behind them.

Oh - the only reason I posted here at all, was in response to a thread by one of your guys asking what the motivation of MyFC, members was - nothing to do with any mysterious hymn sheet or propaganda machine.

[Dewsbury SAFC]

Originally Posted By: JohnB

Oh - the only reason I posted here at all, was in response to a thread by one of your guys asking what the motivation of MyFC, members was - nothing to do with any mysterious hymn sheet or propaganda machine.

"one of your guys" - am I being accused of being a Fleet fan now?

How very dare you!

[American FLEET FAN No1]

Wow......20,001 new fans now........I'm impressed!

[American FLEET FAN No1]

Originally Posted By: JohnB

Originally Posted By: American FLEET FAN No1

Once again George, you are right........Their spiel spins faster than your hairpiece in a gale! Is myfc owned by Dereck Trotter?

Ahh - you didn't bother to read my reply then?

Part of the problem, is you are talking to lots of members of MyFC here, not everyone has the same level of understanding of things. But that is the same everywhere.

You all push the awkward questions trying to get some information - then get surprised when its not 100%

You really ought to be pushing your share holders and directors of the club to give you more information about what is going on. However, I suspect that that then becomes 'real world' business and they won't tell you much.

Most of these MyFC guys are going their best to be honest and as open with you as they can. Shame you can't see the honesty behind them.

Oh - the only reason I posted here at all, was in response to a thread by one of your guys asking what the motivation of MyFC, members was - nothing to do with any mysterious hymn sheet or propaganda machine.

Like a circle in a circle...................

[cantos]

Originally Posted By: American FLEET FAN No1

Wow......20,001 new fans now........I'm impressed!

20,002 Fleety.