FORUMS > Leigh Leopards > HMRC decline Leigh's proposal |
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| Quote: TV BOY "If you are I have a problem with that. For several reasons. First- and I'm sure there are more knowing people who could answer this- it was set up to solely buy player for the club. Second -and most important - will LISA get the money back? Third, a vote would be needed - I think- before this could happen. I have only been a LISA member for 4 months I think but I would have to say that the people who have been LISA members for 2 years and longer should only be allowed to vote on this question and if there is a legal stand on it then LISa should have it put in their constitution. The reason I say this is that these are the [people that have helped this club of ours to keeps it's head above water and have contributed a damn site more than me.'"
Surly though Tony we need a club to have player's to sponsor.
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| You cant use members money without asking of course, but Im sure most would agree if the choice was no club otherwise, what do you think?
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| Quote: frankb "I do not know if that is right or wrong but players and staff are not preferential creditors so if the club goes into liquidation they would get nothing' our way they and HMRC (HMRC in their case all ) would get most of what they are owed.'"
Wrong.
Amounts owed to employees for wages, holiday pay, PILON etc, up to certain limits, are preferential creditors.
Amounts owed to directors as employees, again up to certain limits, will likewise be preferential.
Amounts owed to HMRC have not been preferential since Crown Preference was abolished a few years ago. This is the main reason why HMRC are nowdays far more aggressive when owed money by insolvent employers.
The employees get paid before HMRC. If there are any assets...
btw - be very very careful about "fraudulent preference" - paying one unsecured creditor in preference to another. If that happens, the liquidator may be able to recover the payment made since all creditors in a class have to be treated equally. That might have a bearing on what you guys seem to be on about?
Good luck people. As the chairman of our own (skint, and on a wing and a prayer) club said a year or so ago, financially the whole game is built on foundations of sand. Without a sugar daddy, most clubs are fekked.
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| Quote: Dick Jones "You cant use members money without asking of course, but Im sure most would agree if the choice was no club otherwise, what do you think?'"
Have we got time though Lynda?
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| Absolutely spot on Mo...
Bizarre a club could fold with it's supporters club trust having a positive bank balance.... Only at Leyth
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| Quote: Dick Jones "You cant use members money without asking of course, but Im sure most would agree if the choice was no club otherwise, what do you think?'"
Thats why I say that the people who have been funding LISA for many years should be the ones to have the say and not people like me who have only been members for 4 months. Like you say the membership has drastically risen recently.
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| Ste who makes the decision then to use LIsa money to pay to Vat Man?
IF LISA WAS ASKED FOR ANY MONEY WE WOULD HAVE TO HOLD AN EMERGANCY MEETING.
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| Quote: Adeybull "Wrong.
Amounts owed to employees for wages, holiday pay, PILON etc, up to certain limits, are preferential creditors.
Amounts owed to directors as employees, again up to certain limits, will likewise be preferential.
Amounts owed to HMRC have not been preferential since Crown Preference was abolished a few years ago. This is the main reason why HMRC are nowdays far more aggressive when owed money by insolvent employers.
The employees get paid before HMRC. If there are any assets...
btw - be very very careful about "fraudulent preference" - paying one unsecured creditor in preference to another. If that happens, the liquidator may be able to recover the payment made since all creditors in a class have to be treated equally. That might have a bearing on what you guys seem to be on about?
Good luck people. As the chairman of our own (skint, and on a wing and a prayer) club said a year or so ago, financially the whole game is built on foundations of sand. Without a sugar daddy, most clubs are fekked.'"
Thanks for that mate. I retired over 6 years ago so obviously have had no reason to keep up to date with current legislation. Our club however has no assets so it matters not really.
Whatever' we need breathing space to pay outstanding liabilities so I am still confident via negotiation we can survive so we will try. Liquidation' no club. Then no payments to anyone that is the way it is.
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| Quote: Dick Jones "Ste who makes the decision then to use LIsa money to pay to Vat Man?
IF LISA WAS ASKED FOR ANY MONEY WE WOULD HAVE TO HOLD AN EMERGANCY MEETING.'"
Agreed again but we should also have a contingency were by in such emergencies the committee are allowed to act in emergencies without the need for a vote.
Quite simply the vote tonight is do you want a club yes or no
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| Quote: frankb "Thanks for that mate. I retired over 6 years ago so obviously have had no reason to keep up to date with current legislation. Our club however has no assets so it matters not really.
Whatever' we need breathing space to pay outstanding liabilities so I am still confident via negotiation we can survive so we will try. Liquidation' no club. Then no payments to anyone that is the way it is.'"
Frank, keep on it mate, i know you and John will try your best.
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| Quote: Tipster Ste "Agreed again but we should also have a contingency were by in such emergencies the committee are allowed to act in emergencies without the need for a vote.
Quite simply the vote tonight is do you want a club yes or no'"
YES.
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| Quote: Tipster Ste "Absolutely spot on Mo...
Bizarre a club could fold with it's supporters club trust having a positive bank balance.... Only at Leyth'"
Unless our creditors agree to a payment schedule it matters not.
Fwiw if it went to a vote members would vote for keeping the club afloat but as the club has no assets and LISA funds do not cover the clubs liabilities the only way forward would be a payment schedule over a period of time with creditors.
Anyone not agreeing to such a schedule would get nothing as the club would have to be liquidated. Does not mean I am not sympathetic to those owed money' just a fact.
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| Staff wages first etc
HMRC next as they are a prefered Creditor
ie if Smiths Smelly Socks Ltd went into liquidation then the staff, get their wages, week in hands etc, first, then the HMRC get the next call on any monies, then what is left is split equally between the rest of the Creditors.
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| 3 Words
Everybody , calm down
Not good news , but running round in circles will achieve nothing
Tommorrow , LISA needs to be told the situation , a meeting of the committee will be called
Trevor to be at the meeting to discus the options
Time is of the essence , but we are still talking days and weeks . Not hours
One thing is for certain , next year will be very hard , let's hope we are up to the challenge
Bloody glad I decided to go to the pub earlier
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| Who owns a company called Smiffs Smelly Socks? You could have used Long Johns Condoms or Grapple Mi Grapes pile cream.
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