Look the other way: fixed and floating charges

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Yesterday Graham Wallace, Norman Crighton and Sandy Easdale offered to giving a legal undertaking be security would not be given over Ibrox and Murray Park in return for a loan.

Security over a property asset is only one way for lenders securing that asset, it is not the most popular, or even necessary, for the lender to control assets.  More commonly, a lender will require a floating charge over the assets of the company.

A floating charge ‘floats’ over all assets of a company until it is discharged by full payment, or it converts into a fixed charge over whatever assets the company has at that point in time.  This is usually due to a payment default, but can also be triggered by a weakening in one of the company’s trading indicators (say, poor season ticket sales).  A company can only issue one floating charge over all their assets at a time.

If you get a bank loan for a value which is significant to your size, you’re almost certain to sign over a floating charge over the assets of your company, no matter how good a trading record you have.  This is true for Celtic and Manchester United, and would absolutely be true for Newco Rangers.  Stakeholders at Celtic and Manchester United would not bat an eye at this, as there is zero chance of them defaulting.

It would simply not be possible for Newco to secure a significant amount of conventional borrowing without granting a floating charge.

With the floating charge in place, no other creditor can step forward and make a claim on the assets until the secured creditor is satisfied.  In many circumstances, lenders will prefer a fixed charge, as it prevents the borrower from selling key assets before an insolvency event.  With a floating charge, Newco could still sell Ibrox under the nose of the lender and fans alike.

In the event of an insolvency event, the floating charge becomes a fixed charge over whatever assets the sheriff officers can find.  In terms of Newco Rangers this would mean the stadium, training ground, the bike, loving cup, a hundred weight of marble, balls and stripes.  Ebay would be interesting when that lot was uploaded.

Perhaps this is why Celtic have hidden Lennoxtown up a country lane.  “No training ground here, mister, it’s just a field.  I wouldn’t take that car across those potholes.”  Peter’s not daft, you know.

For Newco, giving a legal obligation that the company will not provide a fixed charge over property assets is, quite literally, not worth the paper it is written on, without also committing not to provide a floating charge over all the company’s assets.  It would be “We promise not to give security over only some of our assets, if we give security, it’ll be for everything”.

Legally prohibiting your company from providing a lender with a floating charge also prohibits you from accessing conventional lending.  It would be ludicrous, and could only be considered if the alternative would bring the wolf to the door immediately, in other words, it might bring in season ticket money, but it would ensure an almighty crash as soon as the ticket money is consumed.

For well over a decade the various episodes at Ibrox have been an exercise in making people look the other way while dirty deeds are done. Still, the world’s Gullible Champions show no sign of figuring out what’s going on.  After season ticket money is banked, keep your eye on the floating charge.

The fate of whatever football team plays at Ibrox was set in a firm direction when Rangers incurred unsustainable debts.  As a consequence of this, their majority owner sold his shares to a liquidation expert.  The train was in motion long before May 2011.

Instead of asking Rangers International for a meaningless commitment, an acknowledgement of the situation should be made.  Reality is:

Key assets cannot legally be put beyond the reach of creditors.

The directors must legally look after the interests of shareholders – or be liable for their losses.

The club has a massive trading deficit to fill next year, the year after, and probably in many subsequent years.  Estimates of this being between £30m and £50m only acknowledge the next few years deficit.

There are no good choices now, only less bad ones.  It would cut ‘Rangers’ fans to the core to become tenants paying a high rent for the use of Ibrox, but flogging this asset might secure them enough cash to reach top flight football – and there is nothing whatsoever fans can do to blackmail the club into retaining this asset.

Whether they consider Newco to be the same club or not, future ‘Rangers’ branded teams will be nothing like those of the past.  There is a possibility they will have a team to support, but it will not be a Champions League team, and Ibrox might not even be the best place for it, a St Mirren Park-type venue, packed out every week, would at least allow them to pay their bills.

The Sevilla keeper moved.  Three referees watching.  Three referees!  Two on the line, whose only job was to check if he moved!  Last night I considered corruption was at play but there is another possibility.  Calling out the keeper was a huge moment for the assistants, each of whom may have preferred one of the other two referees make the call.  It would have been a huge call for the main referee, too, but he could have deferred to his assistants, who were in prime position.

Without clear responsibility, all three were frozen in silence.

Tommy Gemmell is on CQN tomorrow from 13:00 – 16:00.  Tune in and have a ‘chat’.  You can order his autobiography, All the Best, due out next week, from the link below.


Select Maiing Destination




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  1. embramike remembering wee Oscar on

    Excellent portrayal on UTV of the fight put up by Wee Oscar and his family, and the effect he had on so many people’s lives, including many hundreds on this forum.

     

     

    Seeing him run up to cuddle Hoopy at CP still gets to me.

     

     

    Perhaps share that thought before indulging in name calling and personal insults on this forum.

     

     

    The wee man had to tolerate so much with little complaint – so why can’t you?

  2. west wales celt

     

     

    21:05 on 15 May, 2014

     

    31003:

     

     

    “west wales celt

     

     

    Printers strike?….. When was that then?”

     

     

    My point exactly comrade…

     

     

    Sorry…my idea of a joke……never seen anything about it in the papers mind you….

  3. Just watched Wee Oscar story on utv, tears flowing in our house; sleep tight wee man, 2nd star 2 the right & straight on til morning.

     

    Our son will get an xtra big hug tonight

  4. 31003

     

     

    I hear that those publications have good TV supplements, so I guess you may watch a lot of TV. Being a regular on here, of course, will ensure that you are kept well informed.

  5. West Wales Celt on

    31003:

     

    All good bud.

     

    Old lefties are sensitive.

     

    Can’t abide any Murdoch rag since the Wapping days…

  6. pabloh_AKA_NEIL LENNON on

    Came into work and read a bit of the herald sport supplement someone had left. Comedy gold.

     

     

    A quite from Easdale along the lines of…

     

     

    ‘In 140 years this club has already suffered one administration, I don’t think it could survive another one’

     

     

    Where do we start with that one bhoys?

     

     

    Interesting the use of the term ‘club’ and ignorance of the process ‘liquidation’

  7. embramike remembering wee oscar

     

     

    How are you? enjoyed our chat on the way to Bar 67, hoping you still renew

  8. West Wales Celt on

    pabloh:

     

    Here’s hoping he at least got the “I don’t think it could survive’ bit right at least…

     

    :-)

  9. west wales celt

     

     

    No probs old bhoy….

     

     

    Not the slightest bit interested in politics……they’re all out for themselves……and here’s one for all the politicians on here…..I’ve NEVER voted in my life…..and I never will…..charlatans the LOT of them….

  10. Hamburger SV still being held 0-0 at home to shamrock wearing Greuther Furth-wait till you see there home kit on Sunday -come on the German hoops

  11. jude2005 is Neil Lennon \o/ on

    #

     

    The printers refused to move with the times. Something like the car workers.

  12. West Wales Celt on

    31003:

     

    You need to get a bit more ‘Russell Brand’ (despite him having an ego the size of a Sally pasty and a striking likeness to much missed Greek ‘on – off’ footie players or Eurovision winners). Politics ain’t limited to voting. Its all in the transitional demand mate…

     

    :-)

  13. Hamiltontim is praying for Oscar on

    Oscar Know a 5 year old boy from Belfast who really did make us all better people.

  14. Look the Other Way, because all sorts of financial spivs (just like Murray) will make money from running the club to ensure that there is still a ‘Rangers’ in Scottish football

  15. West Wales Celt on

    jude:

     

    what?

     

    They should have gone quietly?

     

    Zero hour contracts?

     

    No overtime?

     

    No sick pay?

     

    Hire and fire at will?

     

    Sh*te pay?

     

    No job security?

     

    etc, etc.

     

    Yep, they really needed to get with the times…

     

     

    Thank God we’re free from the enslavement of trade union power and are liberated to operate as free agents in a flexible workforce. Its so goddam good if I had another wee one I think I’d call him ‘trickle down’. He could be ‘Kojo’ for short. Dunno what I’d call a girl mind; serious problems…

  16. West Wales Celt on

    Tax their bedrooms I tell ya…

     

    I’m off, you can get back to mainstream safety.

     

    Apologies for the ‘dinosaur intermission’…

  17. embramike remembering wee Oscar on

    martybhoy59

     

     

    Good discussion. Remember it well, thanks – the discussion that is – the Bar67 bit is a tad hazy ! I have until next Friday to check down the back of the sofa ;-)

  18. blantyretim is praying for the Knox family on

    Embramike

     

    good to have a brief chat in bar 67…

  19. Sandman

     

     

    That was posted wrong, I meant two games in a World Series both blue jay games, it was the Joe carter one think it was 92-93 one early nineties anyway, it was a great game, the unusual thing about that game was there was a triple play out in one of the innings and the 2nd and 3rd base umps. Missed it, and only gave a double out, it would have been the first triple out in a World Series ever, and on the TV replays it showed the umps. Missed it, but it was a tremendous high and a great evening, I’ll never forget it, craters home run made some kind of a record, but for the life of me I can’t remember what the stat was, I will look it up some where and find out.

  20. BOBBY MURDOCH'S CURLED-UP WINKLEPICKERS .........Praying for our WEE HERO! on

    TD

     

     

    80%?

     

     

    Decent start. Keep it up.

  21. Celticrollercoaster luvs his luminious lime boots on

    BMCUWP

     

     

    You been in touch with Cowiebhoy? He is looking to catch up with you.

     

     

    HH

     

     

    CRC

  22. eddieinkirkmichael on

    embramike remembering wee Oscar

     

     

    21:27 on

     

     

    Remember and leave the key under the mat for the Euro game at Murrayfield so we can put up the CQN gazebo in your back garden ;)

  23. BOBBY MURDOCH'S CURLED-UP WINKLEPICKERS .........Praying for our WEE HERO! on

    WEST WALES CELT

     

     

    You may be right,mate. Probably are.

     

     

    But I had a similar argument wi my best mate thirty years ago,at the height of Thatcherism.

     

     

    We don’t need Trades Unions anymore?

     

     

    My backside. They are a requirement even now for the reasons you stated,and more.

     

     

    Employers much have the upper hand at the moment-again.

     

     

    And having the support of a TU means that you can insist your employer adheres to such employment law as is left.

     

     

    Without them we would have a hire and fire free-for-all. A terms and conditions nightmare. And Health and Safety being blatantly ignored.

     

     

    Nope,I’m with you on this one.

  24. Fur those who wanna Know…

     

     

     

    Scottish Under 17s Team

     

     

    McCrorie

     

     

    Wardrop Breslin(C)

     

     

    Cameron , Thomson, Nesbitt,Wright

     

     

    Miller, Jules,Ballantyne, Shephard.

     

     

    Celtic Yoofs:

     

     

    Wardrop, Breslin

     

     

    Thomson Nesbitt n Miller.

     

     

    Scottish Under 17s Subs:

     

     

    MacKay, Lang ,Kelly,Whighton, Boyd, Hardie, McIlduff.

     

     

    Celtic Yoofs: Boyd, McIduff

     

     

    Boyd of Celtic, Has Subsequently, bin, Surprisingly,Released by the Club.

     

     

    Kojo

     

    Still Laughin

     

     

    Seeya…

  25. BOBBY MURDOCH'S CURLED-UP WINKLEPICKERS .........Praying for our WEE HERO! on

    CELTICROLLERCOASTER

     

     

    Mailed him last night.

     

     

    I’ll contact him again.

     

     

    Thanks,bud.

  26. TBJ says Wee Oscar Knox is in heaven with the angels on

    Has anyone got a link to the utv program about wee oscar

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