Quote ="Wooden Stand"...
No. You are still not getting it! THE CLUB is the member of the RFL. CLUBS are run by the company that is their current owner. And owners come and go.
'"
Simply, wrong. I understand that one or two people don't like wrong information corrected, though are weirdly happy for incorrect claims to be made, but the more times you get it wrong, the more times I will correct you.
I have a feeling you don't really understand the wording of things like Articles of Association, but anyone who WANTS to know, I'll explain, anyone who DOESN'T - just don't feckin read any more.
Quote "Club"
any rugby league club which is admitted by the Council as a member of the Company from time to time in accordance with these Articles; '"
Quote The subscribers to the Memorandum of Association of the Company; the members as at the date of incorporation of the unincorporated association known as the Rugby Football League; and such other persons as are admitted as members by the Council in accordance with these Articles'"
The subscribing Members are:
_________________________________________________________________________
Quote
NAMES, ADDRESSES AND DESCRIPTIONS OF SUBSCRIBERS
THE LEEDS CRICKET, FOOTBALL AND ATHLETIC COMPANY LIMITED
(trading as LEEDS RHINOS RUGBY LEAGUE FOOTBALL CLUB)
Carnegie Stadium
St Michael's Lane
Headingly
Leeds LS6 3BR
HUDDERSFIELD GIANTS LIMITED
The Galpharm Stadium
Stadium Way
Leeds Road
Huddersfield HD1 6PG
WAKEFIELD TRINITY RLFC LIMITED
Belle Vue
Doncaster Road
Wakefield
West Yorkshire
WF1 5HT '"
Note{ 100% clearly, these members are the LIMITED COMPANIES.
Then as you say the Articles go on to list the rest of the members, by listing both their DESCRIPTIONS and their NAMES.
The MEMBERS are thus indisputably the listed companies. That is only because each of the clubs is a limited company. If they were not, eg if one was a firm eg a partnership, that would be an "unincorporated association, and that is permissible, but none of the existng clubs are unincorporated associations.
Quote Every corporation and unincorporated association which is admitted as a member may exercise such powers as are prescribed by section 375 of the Act. Provided that the Representative (or any deputy) so appointed must, in each case, be selected from the following people: the Chairperson, Chief Executive, Vice Chairperson, Director or Managing Director of that member or their nearest equivalents if the member is not incorporated.'"
It is these member companies that participate in the competitions. The may do so as "Bradford Bulls" or whatever, but indisputably the wording refers to members, and all references to "Club" indisputably means "member" ij this context.
Quote Subject to the other provisions of these Articles each member shall have the right to:
attend and vote at all meetings of Council in accordance with Article 9;
share in the profits of the Company or any distribution of its funds; and
(if it is a Club) participate in one of the Company's competitions.'"
Now read very carefully the next extract:
Quote Every person who wishes to become a Member shall deliver to the Company an application for Member in such form as the Directors require executed by him. Any application for Member shall be made to the Chairman and shall be assessed against such criteria as the Council may specify from time to time. Membership is not transferable and shall cease on dissolution.'"
That is why any new limited company formed to run a RL club has to apply to become a member. "Membership is not transferable".
If you were right, Bradford Bulls would remain a Member despite the administrations. Almost everyone knows that no such thing happens. Almost everyone knows that any new person (for those who don't know, a limited company is a legal "person"icon_wink.gif taking ownership MUST be admitted to membership of the RFL. Your theory that something called the Bradford Bulls once was made a member, and thus forever remains a member regardless of administrations, liquidations etc., really is just plain misunderstanding of the true position.
If the new member is admitted as a member of the RFL then that is only the first stage. In order to play in SL, it then needs to be granted a SL licence.
Ownership of SL is vested absolutely in SLE.
Quote 4. MEMBERSHIP BYE-LAW
4.1 The following expressions shall have the following meanings:
"Acquisition" means the acquisition (whether by purchase, transfer, renunciation or otherwise) of the whole or a substantial part of the assets or undertaking of any member;
"Change of Control" means that there is any change in the person who controls a member, and for this purpose "control" shall have the meaning given to it in Section 416 of the Income and Corporation Taxes Act 1988.
...
4.3 Where any person acquires a member or there is a Change of Control, the member concerned shall cease to be a member [on written notice of the RFL.
...
4.5 Where a member is subject to an Insolvency Event, as defined below, the member concerned shall immediately cease to be a member upon written notice from the Company.
...
4.7 In the event of a member ceasing to be a member upon notice from the Company by virtue of Acquisition, Change of Control or Insolvency Event, the Board, at its absolute discretion, shall have the right to readmit the member or admit a new member as a member on any terms as it sees fit, which for the avoidance of doubt, may include financial, administrative and/or sporting sanctions. In the event of membership continuing the Board may determine that membership shall be deemed to continue to subsist as if the member had not ceased to be a member at all. '"
This is sensible, and is exactly the territory the Bulls are in. On the one hand, clearly the insolvent member ceases to be a member. On the other hand, clearly it is in the interests of the competition to, if it can, make a seamless transition from the former member to the new owner/member and that is precisely what the RFL/SLE is doing/has done.
Quote 4.9 For the avoidance of doubt a Club may participate in Super League without being a member (at the discretion of SLE).
'"
That is exactly where the previous Bulls were in mid-season, and this rule is why despite the old club going bust, the new club could temporarily continue in the league; but the point is that it IS a new club, and it is NOT a member.
Quote 4.10 An "Insolvency Event" shall occur if
a member is a company within the meaning of section 735(1) of the Companies Act 1985 ("the 1985 Act"icon_wink.gif and any process, application or event mentioned in (i) to (v) (inclusive) below occurs in relation to the Company:
the company is deemed unable to pay its debts within the meaning of Section 123 (1)(a), (b), (c), (d), (e) or (2) of the Insolvency Act 1986 ("the 1986 Act"icon_wink.gif or becomes the subject of insolvency within the meaning of section 247(1) of the 1986 Act or otherwise;
...
any petition is presented for an administration order or any notice of the appointment or of intention to appoint an administrator of the company is filed in court or an administration order or interim order is made in relation to the company in each case within the meaning of the 1986 Act'"
Quote ="Wooden Stand"...A six point or four point deduction for going into Administration is imposed on THE CLUB. '"
If as you think, there is some separate ongoing entity that played and plays in SL, which is a different thing from the company that owns it, then why the hell are we having to jump through all the insolvency hoops? If the "club" in the sense you mean isn't the same thing as the limited company that owned it and went tits?
Bradford Bulls - if when you say "the club" you mean the team that runs on the field etc. , did not experience any insolvency event; the limited company that owned it did. If you are saying those are two separate things, that the club exists separately despite the demise of the company that owns the business, then you will need to explain why a club that did not become insolvent nevertheless has to apply for membership/licence etc as if it had become insolvent and why it is subject to possible sanctions.
In case you missed it, the relevant rule states:
Quote 4.7 In the event of a member ceasing to be a member upon notice from the Company by virtue of Acquisition, Change of Control or Insolvency Event, the Board, at its absolute discretion, shall have the right to readmit the member or admit a new member as a member on any terms as it sees fit, which for the avoidance of doubt, may include financial, administrative and/or sporting sanctions.'"
The points deduction is very simply a ruling that says a team in the league is minus X points. The points are not some legal thing, or real object, they are a pure notional idea. The Super League table is just the scorecard for the annual comp, it is not a legal entity.
If as you think "the CLUB" is the member, but that this is not the company, but something else, then please enlighten us on what basis it faces sanctions?
Finally, in the case of SLE, the member clubs are
required to be incorporated. That is, those MEMBERS that are rugby league teams MUST be or become limited companies. If a club was an unincorporated association (eg a partnership) and applied for and was admitted to the party, it would then have to incorporate or else be expelled.
Quote 4.12 The Board shall have the right to require by written notice any member which is a Club and which his for the time being not owned by a limited company incorporated under the Companies Act 1985 as amended to as quickly as is practicable take all such steps as are within its power to become, or become owned by, such a limited company. If the relevant member shall, after such time as the Board shall deem reasonable for the purpose of incorporation, have failed to become so incorporated the Board shall be entitled to expel such Club from membership of the Company in the manner set out in 104.9 above'"
In case you missed it twice:
Quote 4.7 In the event of a member ceasing to be a member upon notice from the Company by virtue of Acquisition, Change of Control or Insolvency Event, the Board, at its absolute discretion, shall have the right to readmit the member or admit a new member as a member on any terms as it sees fit, which for the avoidance of doubt, may include financial, administrative and/or sporting sanctions.'"
So, in this case, it is the
new member (BB2014) that faces sanctions, under this rule. And couldn't possibly be anything else.