Leeds.......part CCXVI

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Barrel of Fun

Abort, retry, fail
Rod Liddle - The Sunday Times

I WONDER what it is about the job of a football club chairman that so entices criminals, gangsters, self-publicists, con men, megalomaniacs, imbeciles, Third World despots, touts, the terminally irresponsible, slippery little monkeys on the make and in one case - Darlington - safe-crackers? Most sensible businessmen will tell you that football is a precarious business with scant chance of making much in the way of money unless you own one of the top four clubs.

The whole enterprise is dependent upon too many vagaries. And yet even for the most stricken, debt-ridden clubs, there are plenty of takers, usually from people who if they visited your house you would swiftly lock away the silver. And your youngest daughter. Why don’t these people go into safer legalised con tricks like the insurance industry? Your club, like mine, will have had its share of appalling chairmen. They sap the morale of the supporters; they lie through their teeth, pledging unlimited investment, and before you know it the ground’s been turned into a block of executive flats and your top players have left. But none of us, I reckon, has been forced to endure the sort of misery that has been the lot of Leeds United supporters in recent months.

If Leeds United 2007 Ltd are indeed allowed to take part in League One next season, every fan who turns up to Elland Road will deserve a medal for commitment. They have stuck by their club through the most atrocious chicanery and brinkmanship. A well-supported club which, in theory, should be up there in the top eight of the Premier League has been taken to the edge of extinction by a convocation of idiotic or unscrupulous chairmen and a team of auditors who I would not trust to count the pennies in my daughter’s piggy bank. And the Leeds Utd supporters have had to put up with Ken Bates as chairman not once, but twice.

I’m a simple and naive soul; I do not understand why Bates was allowed to buy the club back when he had taken it into administration and offered to pay the creditors (including the taxpayers and the local police) just one pence in the pound (initially) of the total £35m debts. Why is that allowed to happen?

Further, when KPMG shoved the club up for sale under its new name, the offer from Bates was way, way short of the amount offered by some of the rival bidders. It is reckoned that by this time Bates had upped his offer to 13p in the pound; at least one bidder was offering 30p in the pound. One of the largest creditors, though - an offshore company called Astor - said that it would waive its debts entirely only if the Bates bid was successful. This, apparently, is what swung the decision. But isn’t there a duty to the other creditors?

It takes a lot to disquiet the football authorities, to raise in them a scintilla of suspicion that something is not quite right. But with the business at Leeds, the Football League has baulked and will not hand over the mysterious “golden share” which would allow the club to trade in players during the close season. They wish to see a bit of documentation first: at last, the powers that be are demanding some form of accountability.

But the FA has allowed Leeds to meet its preseason fixtures only if the club plays in the old name of Leeds United, rather than the exciting new one of Leeds United 2007 Ltd. What the hell difference does that make? And how can it play under the old name if the old name no longer exists?

Meanwhile Bates has been stamping about in jubilation, despite the fact the club is a long way from being out of the woods. Legal challenges are likely, not least from the Inland Revenue which must consider whether the new offer of 13 pence in the pound is adequate recompense. If it decides that 13 pence is fine and dandy, I might well try the same trick the next time my self-assessment form comes through.

Bates has been talking the usual gung-ho, self-aggrandising rot. He claims that of the e-mails and letters he has received from Leeds fans, 99% were in support of him. “That’s as good as Saddam Hussein did when he was fiddling the figures,” Bates remarked. An unfortunate comparison. On message boards and on the local radio stations opposition to Bates is running at about 75%, and some would like him to meet a similar end to that of the politician to whom he compared himself.

Meanwhile, there’s a lot of anger in the direction of KPMG - a firm which was once done in America for marketing “abusive tax shelters” and was involved in another financial scandal in Brazil. A circular letter to the KPMG directors has been got up by a bunch of angry Leeds fans. It argues that the firm “never once had the true concerns of the creditors, community, sponsors or supporters of Leeds at heart”.

Difficult to disagree with that, isn’t it? The Football League, and especially its chairman, Brian Mawhinney, is not too happy with KPMG either. Leeds’ fate still hangs in the balance. For the sake of the loyal fans, you hope that things work out. But I wouldn’t bet on it.
 




withdeanwombat

Well-known member
Feb 17, 2005
8,731
Somersetshire
So.Bates is a crook,KPMG are crooks.Football is a crook business.

The golden share will be withheld,Leeds United will go bust and re-emerge in BlueSquare North as Headingly Wanderers Whites.Bates will buy another club.

Er.........not.
 


Starry

Captain Of The Crew
Oct 10, 2004
6,733
They might withhold the share but the FL have already told us we can start the season and I believe Mystery Rich Man has the money there to fund this if KPMG are forced to find another solution.

That whole 13p/30p is not true either, Astor had a waiver which they would have called in if it would have been Anyone But Bates and a lot of it was conditional on the preferred debt being sorted by KPMG before they handed the reins over.
 


DIFFBROOK

Really Up the Junction
Feb 3, 2005
2,267
Yorkshire
The whole things is crooked as it comes. I feel sorry for those that have seen their investment gone down the pan and also to those decent Leeds fans.

But, Bates will still be in charge for at least 6 months. Leeds will eventually get out of league 1.

Not surprsingly some Leeds fans will still see it as their divine right that Leeds be in the Premier league and also champions of Europe. Thing is that last sentence will be a long long long time coming.
 


CHAPPERS

DISCO SPENG
Jul 5, 2003
45,098
This whole f***ing debacle is making me HATE football.

HATE.

It's just not fair anymore is it? I know money has always ruled and the best supported clubs (and normally the better run clubs) will come out on top but when clubs so f***ing CROOKED can get by and succedd I don't see the point in following the game anymore. It's a f***ing disgrace and the longer this goes on the more I want to wash my hands of it all.


f*** it, cricket tonight, a good HONEST game.
 




Gazwag

5 millionth post poster
Mar 4, 2004
30,748
Bexhill-on-Sea
They sap the morale of the supporters; they lie through their teeth, pledging unlimited investment, and before you know it the ground’s been turned into a block of executive flats and your top players have left. But none of us, I reckon, has been forced to endure the sort of misery that has been the lot of Leeds United supporters in recent months.

Shame he doesnt do any research, what about a club which has been groundless for 10 years, not knowing if next season may be the last, then he might understand the word misery.
 


Brovion

In my defence, I was left unsupervised.
NSC Patron
Jul 6, 2003
19,882
Shame he doesnt do any research, what about a club which has been groundless for 10 years, not knowing if next season may be the last, then he might understand the word misery.
To be fair Liddle has mentioned our plight before. That piece is a bit out of character for him as he (being a Millwall fan) is an unashamed champion of small clubs - including us. I suppose he now considers Leeds to 'one of us'!
 


Uncle Buck

Ghost Writer
Jul 7, 2003
28,075
This is in today's Guardian;

Bates's Leeds takeover may have breached insolvency law


David Conn
Wednesday July 18, 2007
The Guardian


Ken Bates and his solicitor, Mark Taylor, may have breached insolvency law by acting as directors of Leeds United Football Club Limited, the new company formed to buy the club out of administration, according to HM Revenue and Customs.

The Guardian has learned that one of the grounds for HMRC's challenge to the Company Voluntary Arrangement which originally approved the sale by the administrators, KPMG, to the new company, was that Bates and Taylor did not have permission from a court to be directors. HMRC believed permission is required because both men were previously directors of a different company, also called Leeds United Football Club Limited, which went into liquidation in June 2006.

According to s216 of the Insolvency Act 1986, anybody who has been a director of a company which has gone into liquidation must obtain the court's permission if he wants to be a director of a new company with a similar name within five years. Trading without obtaining that permission is a criminal offence and anyone prosecuted and found guilty of it is, according to the act, liable to a fine or imprisonment.

KPMG has said it believes an application has been made to the court on behalf of Bates and Taylor but the Insolvency Service, which would be invited to respond to any application, said yesterday it had no notice of one, although there could be a delay in being informed by a court.

The question of whether s216 has been satisfied arises from the original company, Leeds United Football Club Limited, of which Bates and Taylor were directors. It changed its name, to Romans Heavies Limited, on December 2 2005, then on June 6 2006 went into liquidation. As Bates and Taylor had both been directors of the company during the 12 months preceding the liquidation, s216 appears to apply, requiring the court's permission for them to be directors of any company with a similar name within five years. HMRC is understood to have argued in its legal challenge to the Leeds United CVA that Taylor and Bates were in breach of s216 because the court's permission had not been granted.

Neither Taylor nor Bates responded to questions about the alleged breach, so it is not known whether they have omitted to make an application or consider that it is not necessary for them to do so.
 




beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
36,026
the problem seems to be more general than football, an issue of dodgy auditors, twisting company law and off shore ownership of companies. i'd wager this sort of shenanigans goes on all the time in business, it appears to be a very neat way to write off a load of debt. If they'd payed the IR i reckon it would have been over by now.
 




Beach Hut

Brighton Bhuna Boy
Jul 5, 2003
72,327
Living In a Box
This is in today's Guardian;

Bates's Leeds takeover may have breached insolvency law


David Conn
Wednesday July 18, 2007
The Guardian

Mr Conn writing about Leeds :lolol::lolol::lolol:
 




DIFFBROOK

Really Up the Junction
Feb 3, 2005
2,267
Yorkshire
The administrator of Leeds United, KPMG, believes it completed its work last week with the sale of the business to a new company chaired by Ken Bates for an amount it has not disclosed. But KPMG may have more to do yet before it can move on from this most tangled of jobs. Football club insolvencies are not like those in other industries and Bates's new company, Leeds United Football Club Limited, has no business at all unless the Football League agrees to allow it membership. That remains far from certain.

To do so would require the League to make an exception in its insolvency policy for Leeds, after standing firm on all the other 41 clubs which have collapsed into insolvency since 1992. The League's policy requires, controversially, that "football creditors" - players, other clubs and the League itself - must be paid in full but the League must also be satisfied that the best possible deal has been obtained for other creditors. This would normally be via a Company Voluntary Arrangement (CVA) - unless there are exceptional circumstances - because a CVA is a formal procedure which requires 75% of creditors to agree.

KPMG first agreed a sale for 1p in the pound to Bates's new company, owned by the Cayman Islands-registered Forward Sports Fund, which was approved in the CVA by 0.2% over the required 75% majority. However, HM Revenue and Customs challenged the CVA legally, alleging there were "material irregularities" and unfair prejudice to HMRC, which was left owed £7.7m by Leeds. KPMG announced it was offering the business for a rapid sale, then, last Thursday, that it had sold "the business" again to Bates' company, which offered the best deal for creditors. The League is now being asked by Bates to grant this new company League membership, the so-called "golden share", even though it did not acquire the club via a CVA.

The League has already declined, complaining it did not receive any details from KPMG to support the sale. The League is not even clear what has been sold - until League membership is granted, the players' registrations are still owned by the old company, which is still in administration. The League will have further questions about the administration with its chairman, Lord Mawhinney, mandated by the League board to take legal advice about it. Even if the League is then inclined to agree these are exceptional circumstances, it would have to defend that decision to other clubs and creditors, including HMRC.

Although KPMG has not revealed the size of Bates' winning bid, it is understood that it provides for non-football creditors to be paid 13p in the pound. That narrowly beat at least one other offer, from the venture capitalist firm Redbus. Although the former Hull City owner Adam Pearson was widely reported to have made a bid it appears that he did not, because he and his advisors considered KPMG was providing too little information about the club's finances during the administration. Although Redbus did bid, Simon Franks, its chairman, was similarly unhappy, complaining that KPMG could not guarantee that the money from 8,000 Leeds fans who had bought season tickets was protected and available for all bidders.

The new sale does indeed amount to a significant increase on the 1p in the pound KPMG first proposed. Sources close to this latest deal say it was reached not by the Forward Sports Fund providing more cash but because the major offshore creditor, Astor, registered in Guernsey, agreed to waive any return on the £12.84m it claims it is owed.

In the original sale Astor agreed to waive half its claim if Bates's 1p in the pound offer was accepted, a stance it has now extended even more favourably. Astor made the latest offer only to Bates and Forward, not to Redbus, which would have had to repay Astor at the same rate as the other non-football creditors. Throughout Astor has stated it has no connection to Bates, any Leeds director or the Forward Sports Fund.

The basis of HMRC's challenge has not been made public but it was seemingly concerned above all about the size of debts which some creditors were permitted to vote on, particularly Astor's £12.84m. Another was Mark Taylor & Co, the law firm run by Mark Taylor, Bates' solicitor and a Leeds United director, which was stated in the administrator's original proposal to be owed £59,756 but was admitted for voting at £273,615.32. Yorkshire Radio, another company of which Bates and Taylor were directors, did not appear in the original proposal but voted at the creditors' meeting for £480,000 owed. Taylor has argued since that these were both correct amounts owed.

HMRC is also understood to have challenged the favouring of football creditors, arguing it was unfairly prejudicial that players and clubs who were being paid in full could vote through a proposal which left other creditors with 1p in the pound.

With the court not due to hear the challenge for several weeks, KPMG appears to have decided that the club could not fund itself for that long and so called for bids by 5pm on Monday, July 9. Less than three days later KPMG announced it had again sold the club to Forward. That effectively rendered HMRC's challenge to the original CVA redundant. HMRC is now taking legal advice and is said to be considering all its options, fed by fury at the loss of so much public revenue when football clubs collapse into insolvency while players are paid in full. However, even though HMRC is said to be fuming at the way this administration has been handled and the legal challenge left unresolved, it may be difficult for it to mount another challenge, this time to KPMG's decision to sell outside the CVA.

That leaves the new Leeds company at the doors of the Football League, with Bates arguing he should be given the golden share. That would be the easiest option but the League is not being rushed into agreeing that these constitute "exceptional circumstances", justifying the absence of a CVA. It does not consider the administration finished, because the former, collapsed company still holds the registration of the players.

KPMG says it has sold "the business" and cannot now buy it back, in order to go through administration again. The administrator, Richard Fleming, said last week: "We received several offers for the business which we considered carefully. The approved deal represents the best result for creditors in the circumstances and we believe provides the club with the best chance of survival."

That leaves the League faced with giving Bates's new company the golden share or sinking into what could be a fiendish legal tangle. The League, though, has to maintain a policy, promoted by Lord Mawhinney, of good governance. So far the League's board has been robust, asking for full details from KPMG, and it may yet surprise the administrator by asking for a lot more work to be done before the Forward Sports Fund is confirmed as Leeds United's owner and Ken Bates as the club's chairman.

What happens next

The Football League's board has asked KPMG for further details of the sale and is also independently taking legal advice. When it has the information, the League could grant the new Leeds United company, chaired by Ken Bates, League membership, the so-called 'golden share'. That would regard the sale as an 'exceptional circumstance' allowing it to be done without a CVA. The League board could decide, alternatively, these do not amount to exceptional circumstances and refuse to transfer the share. The share would remain with the old company, which is in administration. However, KPMG says it has sold the business and cannot buy it back. So Leeds would be at an impasse if the League refuses to transfer the golden share to the new company. That would put pressure back on KPMG to find another solution.
 




DIFFBROOK

Really Up the Junction
Feb 3, 2005
2,267
Yorkshire
From what I understand, there are now two Leeds United.

Leeds United Football Club that owns the registration of players and which is in administration and Leeds United 2007 which is owned ny Ken Bates.

The Football league will allow Leeds United FC to play in the football league whilst in administration, but Bates has said that he will not fund the club. Nor will KPMG, so in effect it will shortly liquidate.

The football league will not allow the golden share be transferred from the football club to Leeds United 2007. So Leeds United 2007 cannot play in the FL. Not sure how Leeds United 2007 could play anyway as they dont hold the registrations of the players. Presumably, Bates thinks he can simply transfer them over.

How this will pan out, I have no idea. Living in Leeds, the general gist is that everything will work out just fine. And to be honest it probably will. The FL will back down and Leeds will continue, Bates will sell up in 6 months time and a big investor with no debts to service will buy Leeds out of this league.

But the shame of Bates of screwing investors, such as St Johns Ambulance etc should tarnish that man.

Similarly, if the FL do back down, then they should hold their head in shame to all the other clubs that have gone bust in the past.
 






Pavilionaire

Well-known member
Jul 7, 2003
31,274
So since Sky and the Premier League upped the ante in 1992 some 41 clubs have "collapsed into insolvency"? Is that a price worth paying for having "the best league in the world" as some would have you believe?

If a robber broke into the Bank Of England, stole £7.7 million and was then tried and found guilty he would get 20 years, so why is Bates allowed to get away with it? The Revenue have an obligation to ruin this man and ensure that this debt is repaid.
 


Beach Hut

Brighton Bhuna Boy
Jul 5, 2003
72,327
Living In a Box
Ture, it's not exactly RIFE in cricket in this country though is it.

True but sadly to call cricket "honest" is not particularly a true statement either.

Sadly sport = money therefore cheating will always happen
 


Starry

Captain Of The Crew
Oct 10, 2004
6,733
If they'd payed the IR i reckon it would have been over by now.

I don't. There are a lot of disgruntled businessmen who are owed a LOT of money who are waiting to see what happens on Sept 3rd, had it not been HRMC calling it in someone else would have.
 




Gritt23

New member
Jul 7, 2003
14,902
Meopham, Kent.
the problem seems to be more general than football, an issue of dodgy auditors, twisting company law and off shore ownership of companies. i'd wager this sort of shenanigans goes on all the time in business, it appears to be a very neat way to write off a load of debt. If they'd payed the IR i reckon it would have been over by now.

A "packaged receivership" is not that uncommon in business, but will usually happen very quietly with no-one (except the creditors) really noticing. The key difference though is that it will usually happen with a company that doesn't have any alternative buyer knocking on the door of the administrators.
 


Starry

Captain Of The Crew
Oct 10, 2004
6,733
The whole things is crooked as it comes. I feel sorry for those that have seen their investment gone down the pan and also to those decent Leeds fans.

There aren't any, we're all wife beating, drunk rioting hooligans ;)

>>The key difference though is that it will usually happen with a company that doesn't have any alternative buyer knocking on the door of the administrators.

A rhino could have been knocking on the door of KPMG and it wouldn't wouldn't have made one iota difference. It was Bates' way or the highway.
 


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