Quote: Wooden Stand "There is a 6point penalty for going into Administration.'"
No. A MAXIMUM six-point penalty, I believe?
Quote: Wooden Stand "Reason? Going into Administration demonstrates that a club is sailing (financially) closer to the wind than the RFL wants.'"
No. Going into administration demonstrates either (and in almost every case) that the club is insolvent, or (very occasionally) that it is the only way to resolve an impasse between shareholders or similar. In this particular case, it looks very much like one of the latter, precipitating one of the former.
I do wish you would read up a bit on corporate insolvency. If a club goes into adminsitration because it is insolvent, it is not "sailing closer to the wind than the RFL wants". It has gone bust, whether through sailing too close to the wind or bad luck or catastrophic event or just plain trying and trying but not making enough to keep going.
Quote: Wooden Stand "If you go into Administration but pay off your creditors, then you get the points deduction reduced to 4.'"
No. If you pay off your creditors, then there is no financial advantage gained and therefore the penalty could be remitted to zero.
It is not the act of going into administration that is the issue, or triggers a penalty. Any more than entering into a CVA (like Salford did) is. It is obtaining advantage by not having to pay creditors, especially HMRC. Salford entered into a form of insolvency too - a CVA - but all penalty was remitted as I understand it because arrangements were made to pay the creditors, and so no financial advantage was gained.
Quote: Wooden Stand "Don't forget, it wasn't the directors of OK Bulls (who were appointed by Mr K) that called In the Administrator. It was a major creditor (who clearly hadn't been repaid asper the agreement with the club.).'"
Yes. For once. A very unusual creditor, who was able to petition the High Court to appoint an administrator by holding a floating charge granted in very strange circumstances. But what is your point? If anything, taken at face value, appointment by a creditor not the directors would suggest it was not the directors' (or owner's) intent to go into administration? Therefore, they could be less culpable than in most other cases (like Bulls before, or Wakey) where it is the directors who do it? And, for all you know, they were fighting desperately to avoid that eventuality, but were stymied by a creditor not prepared to negotiate because he held all the cards? As indeed this one seemingly did. Do you know that was NOT the case?
Quote: Wooden Stand "The Bulls directors (and now owners) have said they won't pay a penny to the person who financed their 2013 season.'"
No. They have said they will not pay a penny to the person who owned the club, FOR the club.
I DO wish you would get it into your head that whether the guy put money into the club to buy shares (as most folk assumed he had) or lent money to the club hoping to get it back out again sometime (how many owners achieve that?) the substance is that he invested £x in the club. Had he put the money in as share capital, there would have been no loan account and you would not be arguing the point. Substance over legal form, mate. That is pretty well how accounts are drawn up, btw, and increasingly how tax is paid. Substance over legal form. No difference here.
He invested in the club (having bought it for a song anyway, free of debt) and on his watch it lost (we were told) £1.2m. So that wiped out his investment. So he cannot expect a cent back. Whatever the legal form of his investment.
Quote: Wooden Stand "How much clearer can the case be for a 6 point deduction as minimum punishment?'"
You have not made any clear case. Not helped by your incomplete understanding of the law and accounting.
You have already said (wromngly) that the punishment for administration is 6 points. So you cannot anyway expect a punishment heavier than that, regardless.
Quote: Wooden Stand "Don't forget Adeybull, that a person can be both the owner and a creditor of a Company at the same time.'"
Is there anything else I have already known for about the 40 years I have been in this line of work, that you wanted to tell me?
See my earlier point about substance over legal form. But also, do you know what the terms of his loan to the club were? Or indeed any other terms that he might have been party to? In most cases like this - see Huddersfield and Davy a few years ago for an identical situation - the owner is required to suordinate his loan to the claims of the other creditors. And undertakes not to seek repayment unless the company is solvent and in a position to make repayment. He has to do that to enable the accounts to be drawn up on a "going concern" basis, absent which he is in all SORTS of trouble. So please, don't keep bnging this drum about him being just another creditor. He was the owner, and the form that his investment in the club took should make no difference to how he should rank for repayment - last.
Having said all that, I am happy to acknowledge that you have made an attempt here to explain your stance. That is why I have taken the time to try and rebut your points reasonably - it takes much longer to do that than to deride your antagonist as a know-nothing fekkwit. I very much doubt you are that, to be honest. I suspect you do indeed feel quite passionately about all this. If that be the case, then your points deserve a considered repsonse. That is what I have tried to give. They are my opinion and assessment and, like you, I too may well not be right on all points.
I can only comment on what I see in front of me, like anyone else. Like YOU. And I CAN fully understand how this all must look to an outsider, before looking into the particular facts of the case a bit more. The proof of the pudding will be the extent to which they seek to settle with the normal, genuine and valid creditors.