Quote Ferocious Aardvark="Ferocious Aardvark"We all know.
Yes, we all know that too.
No, that is not so. You don't understand what "change of control" means. It refers to the fact that all the clubs happen to be owned by companies (although that isn't a requirement) and companies have controlling persons. The reference is thus to any change in control of the company
The reason for it is because those who control the company have to pass the fit and proper person test. In our case, OK was the chief shareholder, and passed the F&P. Then He was going to/did (debatable) sell his shares to MM & RW. He could not do so unless they were passed as F&PP. The mechanism is thus to ensure that a person like Whitcut who is not deemed a F&PP, could get in through the back door, simply by buying the controlling shareholding in the owning company.
You say (I think) that BB2014 had "conditional membership". I am not sure that this was ever the case, although I don't know. I believe it never was. To understand why, you have to understand a little of the mechanism for such things. This includes a written agreement between the RFL/SLE etc and the new owner which sets out the terms on which they are accepted to membership. OK signed his, despite it being onerous. But I would be surprised if MM & Co. did the same. On the contrary, I suggest they never did. The timescale supports this. On Thursday Feb 20 2014 it was announced that the administrator had accepted BB2014's bid. On Tuesday Feb 25 the news cam that M & Co. had walked as they refused to accept the sanctions. Thus, logically, they would not sign. And so, never actually held the golden share, if you like. So OKB remained in the hands of the administrator. And so it remained until march 26 when Green took over.
NO. That couldn't be the case unless Green bought the OKB shares and the club remained owned and run by OKB. It was 100% an acquisition. Green bought the assets from the administrator. It is not a "change of control" situation.
NO. BBNL applied for membership. They could not apply for readmission as they had (obviously) never previously been admitted.
What I am saying is that, unlike in the case of OKB, no formal or public announcement has ever been made formally setting out for the public in one place "These are the sanctions that have been applied to BBNL". Indeed, apart from answers to questions from the press, we the fans have been told nothing. Obviously Green and his fellow directors know the sanctions, but if you can show me where there is any public statement or announcement specifically detailing the sanctions, please do.
I believe that all we have is comments to the press in passing, presumably in answer to reporters' questions, to teh effect that
a) the 6 points deduction would continue to apply an
b) the distribution penalty against OKB "stood" - without anyone ever even putting a figure on what that meant since nobody knows how much had been "deducted" to date nor how much more had been "advanced" to the administrator on account of the distribution to keep the pot boiling.
It is not enough, no. I think we fans have a right to be told, in precise terms, [size=150what sanctions have been appliedto our club[/size. As it stands, we have no clue what, in £££, BBNL's sanction is and so we don't know how it affects our distribution going forward.
And as for the 6 points, there seems to me a strong case for believing that no points were validly deducted, OKB could have been sanctioned but were not, BB2014 could have been sanctioned and were the target of the sanctions but never were the owners (and probably never were Members) and so no sanction could be applied until they signed up for membership.
Would you agree, if BB2014 were not actually a member, then they cannot be sanctioned?
Would you agree that, if the terms of the agreement to get a Membership need to be signed to be effective, and BB2014 never signed them, then they are not effective?'"
You try to make it seem so complicated when really it's very simple. The Club was deducted six points because of going into Administration.
