Quote martinwildbull="martinwildbull"FA your two alternatives are subsets of one alternative, which is that membership continues. This has to be seen in the light of the second alternative, that nobody wants to apply for membership and so membership discontinues. clearly when membership had not been continued then the phrase "membership shall be deemed to have subsisted as if it had not ceased to be a member at all" cannot apply. My interpretation of continuing is in that context.
you still refer to owners, when there is only club, controlling person and membership. Obviously I stand to be corrected, but in the bits relevant to this discussion I cannot find any reference to owner. and this has to be the case, surely you have heard the term shadow director, someone who controls a company if they were a director, whether or not they are appointed or have shares in the company.
OKB controlled the club as members of the RFL etc that club were penalised for an insolvency event. a new controlling person was found, (eventually as you say) who applied to the RFL for membership of the same club to the RFL etc. That was continuing membership, and so the club was allowed to appeal the penalty as if the club had never had its membership withdrawn. No owners, no shares, just membership (or not). Which is why the member club gets deducted points, not the controlling person.'"
You need to look at the definition of ‘club’ in the RFL articles of association which is the holding company holding the RFL share that entitles it to RFL membership. The member, owner and the club here are interchangeable BUT the member owner, club and the team on the field are not.
OKB held the RFL share and membership, they were the ‘club’(i.e member/owner) this was then sold to BB2014 who were granted some sort of temporary share and such they became ‘the club’ however they never completed that purchase so it seems that the share and assets went back to OKBulls and as such they became ‘the club’ again. Marc Green then purchased the assets of OKB from the administrator, and applied to the RFL for an RFL share, when he was granted this BBNL became ‘the club’ and OKB and BB2014 were liquidated.
So whilst the stadium, players, kit, name, badge, brand etc all stayed the same, a new company BBNL was granted the share and became a new member.