Scottish Premier League chief executive, Neil Doncaster, yesterday told the BBC that no provision existed for a liquidated SPL club to reconvene as a Newco FC at the bottom of the Scottish Football League (reported at 1821 on their crisis timeline).
This is being grossly misreported to suggest that the only opportunity for a Rangers Newco to phoenix is to slip straight back into the SPL – completely and utterly untrue.
There is also no provision for a Newco FC to slip into the SPL. Newco FC would be able to apply for membership to the Scottish Football League (where they would unquestionably be accepted) or the Scottish Premier League.
The default position when a club goes out of business in the Scottish Premier League is that the club that finishes bottom of the league at the end of the season escapes relegation. As things stand, Dunfermline would remain an SPL club and Ross County would be promoted.
No moral, legal or football administrative argument has been made to suggest that Dunfermline will be relegated to allow a new club entry into the league. None whatsoever. Dunfermline Athletic will remain a SPL club if Rangers are liquidated.
The various parties seeking to phoenix Rangers would get the lawyers onto securing a stadium, scouting some part-timers, buying a ticketing system, applying for entry into the Scottish Football League and finding cash to employ stadium stewarding. This could take weeks but is more likely to take months or even years.
Football needs to get used to this idea.
Neil Doncaster did not suggest a Newco FC applying for entry into the SPL had any primacy over an application to the SFL. In fact, an application to the SFL would not have to overcome the unfortunate objections of Dunfermline Athletic – who pay their BBC licence fee and are worthy of due respect.
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Repost: relevant to this article.
Apologies for the long post (and feel free to scroll by) but given the comments of Neil Doncaster in relation to a Newco being parachuted into the SPL and his comments in respect of how the current Rules and Regulation, Articles of Association of the SPL would be applied with particular reference to whether it will be a decision for the Board of the SPL or a the Company in General Meeting, I believe it is now an appropriate time to publish my correspondence with Mr Doncaster on this very subject.
==============================
(Original later sent to Neil Doncaster dated 13/01/2012)
Dear Mr Doncaster,
As an avid supporter of Scottish Football, the Scottish national side and Celtic Football club I write to you today asking you, as Chief Executive of the SPL, to clarify the procedures, process’s, Rules & Regulations of the SPL and The Articles of Association of the SPL that would be applied by the SPL if a member club holding one share finds itself liquidated, therefore no longer holding entitlement to its share in the SPL.
In particular I am interested as to whether a brand new club/legal entity being formed, with a similar name, team colours, badge, playing in the same stadium and being supported by the same supporters as the liquidated member would/would not be afforded direct entry into the SPL in place of the liquidated member?
If the aforementioned new club would/would not be afforded direct entry can you provide me with the following:
a) details of the specific rule(s)/articles(s) from the Rules and Regulations of the SPL and/or the particular article/s from The Articles of Association of the SPL that would support any decision to allow/disqualify a new company as previously described direct entry into the SPL?
b) based on a) above would this decision be a Reserved matter for The Board of the SPL and if so provide details of the specific rule(s)/article(s) from the Rules and Regulations of the SPL and/or the particular article from The Articles of Association of the SPL that would support this?
c) based on a) above if the decision is not a Reserved matter for The Board of the SPL is it a matter for the non-liquidated Members of the SPL in General Meeting passing an Ordinary Resolution, a Qualified Resolution or a Special Qualified Resolution, providing details of the specific rule(s)/article(s) from the Rules and Regulations of the SPL and/or the particular article from The Articles of Association of the SPL that would support this?
I look forward to your reply on the questions raised.
Yours Sincerely
==============================
(Neil Doncaster’s reply to letter above dated 24/01/2012)
Thank you for your letter of 13 January 2012.
The nature of the questions that you ask is somewhat technical – and to do justice to your questions would require far more than a simple paragraph of explanation. Suffice to say, the existing rules would cover any situation involving an attempt to transfer any of the shares in the SPL, while that rulebook remains in place. All of our rules are available online at http://www.scotprem.com.
Thank you for your interest in the Scottish Premier League.
Yours Sincerely
Neil Doncaster
Chief Executive
==============================
Dear Neil,
Thank you for your letter dated 24th of January 2012 in reply to my letter (attached) dated 13th of January 2012.
I understand the nature of the questions put to you in my original letter were ‘somewhat technical’ and I understand that it would take more than a ‘simple paragraph of explanation’ to answer each question. However, I do not believe I requested that you provide me with a ‘simple paragraph of explanation’ in answer to my ‘somewhat technical’ questions.
As Chief Executive of the SPL I would appreciate that you treat this letter with the same due respect and regard you would expect in your position. Given the precarious financial position of a number of clubs holding 1 equal share of the Scottish Premier League at this time I believe you would be failing in your duties, as Chief Executive of the SPL, to the SPL, to each member club, to each member clubs supporters organisations and every independent football supporter if you were not fully aware of how the Rules and Regulations of the SPL and the Articles of Association of the SPL with regards the ‘Transfer of Shares in the SPL’ would be applied if a member club was to be liquidated and did not have a plan in place in readiness for such an outcome.
I have read the Rules and Regulations of the SPL and the Articles of Association of the SPL as well as the clarification letter/s posted on the SPL website August 2011 a number of times, prior to both my original letter to you and your subsequent reply. I am interested, however, to know exactly how these Rules and Regulations and Articles of Associations as well as any clarifications (in the form of letters to member clubs) of the aforementioned will be applied with reference to the questions asked in my original letter of the 13th of January 2012 and expanded upon below.
As Chief Executive of the SPL please clarify the procedures, process’s, Rules & Regulations of the SPL and The Articles of Association of the SPL (inclusive of clarification letters to members) that would be applied by the SPL if a member club holding one share finds itself liquidated, therefore no longer holding entitlement to its share in the SPL?
In particular I am interested as to whether a brand new club/legal entity being formed, with a similar name, team colours, badge, playing in the same stadium and being supported by the same supporters as the liquidated member would/would not be afforded direct entry into the SPL in place of the liquidated member?
With regards the Rules and Regulations of the SPL and the Articles of Association of the SPL including all publically published clarification letters please advise as to whether the aforementioned new club would/would not be afforded direct entry to the SPL and provide me with the following:
a) details of the specific rule(s) from the Rules and Regulations of the SPL and/or the particular article/s from The Articles of Association of the SPL that would support any decision to allow/disqualify a new company as previously described direct entry into the SPL?
b) based on a) above would this decision be a Reserved matter for The Board of the SPL and if so provide details of the specific rule(s) from the Rules and Regulations of the SPL and/or the particular article(s) from The Articles of Association or subsequent clarification letters of rules or articles of the SPL that would support this decision?
c) based on a) above if the decision is not a Reserved matter for The Board of the SPL is it a matter for the non-liquidated Members of the SPL in General Meeting passing an Ordinary Resolution, a Qualified Resolution or a Special Qualified Resolution, providing details of the specific rule(s) from the Rules and Regulations of the SPL and/or the particular article(s) from The Articles of Association of the SPL or subsequent clarification letters of the rules or articles of the SPL that would support this decision?
With regards the questions detailed above I was interested to listen to Radio Clyde Football phone in show and in particular Hugh Keevins, Sports Journalist for the Daily Record Newspaper, on the 23rd of January at 19:37, during a discussion on the topic of Rangers FC being replaced in the SPL by a new company/football club reformed from the old Rangers FC after liquidation, make the following statement “I wrote about Rangers situation – I was briefed about what would happen by the SPL.” Given this public statement by Hugh Keevins can you please confirm if such briefings have taken place with regards the situation of Rangers FC being liquidated and a new company/club being afforded direct entry in place of the old company/club back in the SPL, between Sports Journalists and the SPL and if so were these briefings presented to journalists prior to your reply to me date 24th of January 2012?
Further to the above you state in your reply “the existing rules would cover any situation involving an attempt to transfer any of the shares in the SPL”. Is there a possibility that the rules could change in order to accommodate a transfer of a share in the SPL between an existing club/company experiencing a liquidation event which sees that club/company re-emerge as a new club/company taking the old club/companies place in the SPL? If so would this be a decision for the SPL Board or would it be a decision for all non-liquidated members of the SPL in General Meeting passing an Ordinary Resolution, a Qualified Resolution or a Special Qualified Resolution, providing details of the specific rule(s) from the Rules and Regulations of the SPL and/or the particular article(s) from The Articles of Association of the SPL or subsequent clarification letters of the rules or articles of the SPL that would support this decision?
Are the SPL and as Chief Executive Officer, you, fully aware of how the SPL plan to apply the Rules & Regulations of the SPL and/or the specific Articles of Association of the SPL in relation to the questions put to you with regards a non-specific SPL club/company holding one equal share of the SPL as detailed in my original letter dated 13th of January 2012?
I look forward to your reply to the questions raised and hope that on this occasion you treat my request with the respect your position as Chief Executive of the SPL holds.
Yours Sincerely
==============================
Thank you for your further letter of 30 January 2012, which I received this morning.
Your letter asks a number of technical questions about the SPL Rules. However, there is little I can add to my previous response to you in this matter.
The SPL’s existing rules (as set out at http://www.scotprem.com) would cover any situation involving an attempt to transfer any of the shares in the SPL, while that rulebook remains in place. That rulebook can of course change – but any change would require to be voted on in general meeting by the members. Whether any such change would require eight, ten or eleven votes depends on the nature of such change, in accordance with the Articles of Association of the Company.
I am not going to comment on any specific situation regarding any of the SPL’s member clubs. Nor am I prepared to speculate how any such situation might develop and, therefore, how the SPL would treat any such development.
I am sorry that I cannot assist further.
Yours sincerely
Neil Doncaster
Chief Executive
==============================
MWD
Elbhoy……I don’t think you are too far off the mark…….murray knew they were in deep shoite ages ago, and this could all have been orchestrated, but has gone badly wrong…….but this isn’t plan B…..over the past few weeks this has progressed through to Plan Z…..LOL
Vmhan, will do.
gordybhoy64, a Newco cannot be pursued by another company’s creditors but would need to deal with the Ticketus legacy.
ElDiegoBhoy, I’m sure Celtic will want the integrity of the game maintained.
Lennybhoy, yes, I believe liquidation is inevitable.
Auldheid, indeed.
Hamiltontim, liquidation would free all players.
Nuke Friday ?
pigalle
Paul67,cheers for the reply,
unfortunately not what i had hoped for
Agent Craig “Green and” Whyte!! on 7 March, 2012 at 21:04
I remember us being at that game.
Gutted wasn’t the word.
Hail hail
MME
am gonna miss them ;-)
oglach
To be fair,…If Lionel were ever to grace the hoops he’d be booted up and down the place whilst Craig Thompson and his ilk wave play on.
hail hail
Hope Barcelona don’t score another 3 (to win 12-1 on agg).
Would hate to see the huns lose their 1960 agg record!
67Heaven … I am Neil Lennon..!!..Truth and Justice will always prevail
“Plan Z” Hahahaha! I like that & I so hope you’re right.:)))
Wheres yir histry gone
wheres yir histry gone!
Magnificentseven @ 21.08 on 7/3/12,
Jabba would likely suggest Frascati for the suuculent lamb & the dessert (i.e. not suitable for either!).
Maybe South of Tunis could recommend something Sicilian for both.
Dave King had a 15.5% stake in Murray Sports Ltd, Sir Minty had a 57.1% stake. Makes you wonder who had the other 27.4%
Murray Sports Ltd effectively owned rangers and seen their stake in rangers drop in value from £62 Million to a £1.
Now if Dave King was a Director of rangers and a shareholder in Murray Sports Ltd how the hell can he state Sir Minty duped him?
I would reccomend doing a bit of research on MIH and Murray Sports Ltd and their vast amounts of intertwining debt linked to rangers.
It looks like a cunning plan by King & Minty to inherit a debt free rangers back has went horribly wrong and King is not a happy bunny…
HH
suuculent = succulent!
au revoir
Paul 67 – wouldn’t Newco Rangers be pursued by HMRC as this Newco is a ploy to avoid debts but in essence is the same entity ?
invercelt,
ye still a dobber
sparkleghirl
Eh?
Can you translate?
:-)
Does anyone on here know of the precedent anywhere else on the planent where a new club has been parachuted into a country’s top league, bypassing the lower leagues and starts up?
Serious question. Maybe something like this has already happened. Though I suspect not.
Also, to your point YivWhit
YivWhit on 7 March, 2012 at 21:08 said:
…
if there is enough opposition from SPL clubs to the newco, then they could make the board vote to allow them back in irrelevant. If there was a critical mass of clubs opposed to the move, then they would have enough clout to force the hand of the SPL regardless of what the board voted. (By threatening to resign en mass) Would there be enough clubs inclined to go down that route if push came to shove?
Voguepunter –
Funny you should mention Locky. Last night (Wednesday) I had a visit from a couple of guys from the office. They were telling me that a few days ago, they were discussing some atrocity that happened in Syria when Locky walked in half-way through the conversation and started spouting some crap about, “I’m sick of hearing these Jews go on about the holocaust. There were more Russians killed by the Nazis than anyone else.”
He really is an odious creep of a man.
I wouldn’t buy a Vauxhall Corsa from Dave King
jock steins celtic on 7 March, 2012 at 21:23 said:
Paul 67 – wouldn’t Newco Rangers be pursued by HMRC as this Newco is a ploy to avoid debts but in essence is the same entity ?
share
that is also my understanding
Still 1-1 with the Cypriot team APOEL Nicosia v Lyon, 84mins gone.
Hope they get to the quarter final.
SPF
Robert Tressell 19.02
AHHH the wee deserve better campaign I remember the air time jackson gave that wee fool david edgar on setanta tv at the time, Not heard much from the voice of the orcs :))) edgar lately.
HAIL HAIL
The bould Hector’s bhoys….. Tá ár lá anois on 7 March, 2012 at 21:20 said:
oglach
To be fair,…If Lionel were ever to grace the hoops he’d be booted up and down the place whilst Craig Thompson and his ilk wave play on
—————-
Hoping that will change now? Although i still believe that skill will always outshine brawn, obviously on a level playing field that is.
TIC TOC, it’s getting louder
Robertressell
Loving your work!
You forgot to mention the glesga polis and the masons in black!
HH
Can anyone come up with a new badge for the Newco. These modern
designers come up with all sorts of things and charge a fortune as in the
Olympics crap emblem. Could we have a competition?
DOB
2012
This is my first suggestion for the NOO RANKERS. Date of birth 2012 maybe thirteen. Changed accordingly.
Messi scores 5. Cap duly doffed.
Messi is AMAZING!!! 5 goals WOW
HH
That Alves guy is a weak link is he no,
imagine if they had a good right back
GENIUS X5
Messi 5 goals, stiil to short to cut it in the spl
I haven’t been a regular poster on CQN for ages.
Have to say a huge thank you to Paul, RTC, Phil & all the amazing people who have brought the truth to light, it’s been compulsive reading & Paul your updated site is super slick.:)
Hail Hail!
Messi gets five
five stars to be replaced with a rusty sherriff’s badge!
Sorry if posted already Bhoys.
@celticservant: RT @Briandamge64: huns will get £3.8m from Collyer Bristow tomorrow.They’ll see out season and keep squad intact.Duff&Phelps are crooks.”
Lennybhoy…Supporting Neil Lennon and CFC until I die on 7 March, 2012 at 20:58 said
Lennybhoy
Would the players count as ‘trade assets’ and if so who and how would these be ‘valued’?
HH
The End http://tinypic.com/player.php?v=23llggm&s=5
Get the hankies ready