Quote Northernrelic="Northernrelic"I was saying that if properly approved by the shareholder/(s) a company could loan money to directors who can then use as they please. So a company can raise loan finance - and then use the funds to loan to directors, if the proper process was followed. But who knows if the various agreements being discussed were properly formalised, with legal advice at the time, or had this intent.
Just one other point Safeguard are a "security" company eg watchmen, guards etc rather than a "securities" finance company so providing loans isn't their usual line of business. If a company makes a loan to a company covered by a debenture you would expect the funds went into the companies accounts in the first instance.'"
I see. So there would be
a) a loan from Safeguard to OKBL, secured by a debenture;
b) incoming funds that hit OKBL account
c) then a loan by OKBL to a director / or directors. so the money goes out, to their personal accounts
Result:
* club owes Safeguard any money - its assets are the security for repayments;
* club is owed the amount of the loan it has given to the director/s (what sort of repayment terms would be normal for something like that?)
* director/s owe £x to OK personally for the agreed sale price of his shares.
That sound about right?
So, if (c) falls through, it stands to sense that the director/s have the money, and the obligation to personally meet the repayments to Safeguard. As I think we can assume that these repayments would never in a million years have been coming from the Bulls (which seems to be existing hand-to-mouth-to-fire-sale at the moment) then where did he/they plan to finance the repayments from, one wonders?
If the deal falls through, then why can't the director/s just give Safeguard its money back?
Given you say Safeguard isn't a securities company, where's the connection? Why would a security company suddenly make a loan to individual/s to enable the purchase of shares in a struggling sports club? Have we any clues? Is it another private company, where it seems the owners can basically do whatever they like?
And I don't remember the name of Safeguard being on the back of any jackets that I can recall at Odsal - would they be listed as a creditor in the accounts?