Monday 20 August 2012

HMRC WONT BE HAVING IT EITHER!!!!!


INS45340 - Successor companies: Restriction on re-use of company name: What is a trading name, or a name ‘so similar as to suggest an association’?

Section 216(2) IA 1986 provides the name of the director’s second company will be prohibited if, compared to the liquidated company
  • it is the same as any name by which the liquidated company was known at any time in the 12 months before its liquidation
  • it is so similar to any name by which the liquidated company was known at any time in the 12 months before its liquidation as to suggest an association with the liquidated company.
For example, if a company went into liquidation called Freda Jones Limited, and it had traded as ‘Westshire Building’, then prohibited names for the second company would include:
  • Freda Jones (2000) Limited
  • Westshire Building Limited
  • Westshire Building (Contract Services) Limited
  • Rapid 4000 Limited trading as Westshire Building
  • Rapid 4000 Limited trading as Westshire Building and Maintenance
Consider whether there is an association between any name by which the old company was known to its customers, and any name by which the new company is known to its customers. The Insolvency Act is drafted widely on this point and so most situations where the director is attempting to capitalise on the old company’s goodwill will be caught.

WHAT WAS RANGERS FOOTBALL CLUB?

So has anyone asked themselves what exactly Rangers Football Club were? I know it sounds a stupid question and may end up that, but with all the arguments about Rangers football CLUB still surviving then lets see what Rangers FC had.

What made up the CLUB:

  • The "CLUB" didnt own the stadium or training ground, that in accordance to them was the "COMPANY", hence it was sold off.
  • The "COMPANY" held the lease of the Albion Car park hence it being purchased by Sevco
  • The "CLUB" didn't own the players because if they did then the players would not have been able to move for free 
  • The "CLUB" couldnt have had the players registration as the "COMPANY" are liable for the big tax case and for not paying the taxes associated with the EBT's.
  • The "CLUB" couldn't have had SPL membership as this share would still be owned by the "CLUB" and they would be playing in the SPL.
  • The "CLUB" couldnt have had SFA membership as this again would still be owned by the  "CLUB"  and they wouldn't have had to apply to transfer it.  
  • The  "CLUB"  are ineligible for UEFA membership as they do not have 3 years audited accounts, so the "CLUB" couldn't have been a business as they would have had to produce audited accounts..
  • No business means no money going through the books, so season ticket holders would have bought season tickets from the "COMPANY".
  • No business means no share holders, as they would have been share holders in the COMPANY not the "CLUB".
  • The "club" is however liable for cheating over a decade hence they might if found guilty be striped of "honours"   


So just to recap:

COMPANY:
IBROX PARK
TRAINING GROUND
LEASE FOR ALBION CAR PARK
PLAYERS
PLAYERS REGISTRATION
SPL MEMBERSHIP
SFA MEMBERSHIP
REGISTERED BUSINESS
BUSINESS ACTIVITY
SEASON TICKET HOLDERS
SHARE HOLDERS

CLUB
LIABLE FOR CHEATING


SO IF THE CLUB STILL SURVIVES AND IT IS SEPARATE FROM THE COMPANY THEN WHAT EXACTLY WAS/IS RANGERS FOOTBALL "CLUB"??

Tuesday 14 August 2012

FIFA Article 19 Principle of promotion and relegation



1 A club’s entitlement to take part in a domestic league championship shall depend principally on sporting merit. A club shall qualify for a domestic league championship by remaining in a certain division or by being promoted or relegated to another at the end of a season.

2 In addition to qualification on sporting merit, a club’s participation in a domestic league championship may be subject to other criteria within the scope of the licensing procedure, whereby the emphasis is on sporting, infrastructural, administrative, legal and financial considerations. Licensing decisions must be able to be examined by the Member’s body of appeal.

3 Altering the legal form or company structure of a club to facilitate its qualification on sporting merit and/or its receipt of a licence for a domestic league championship, to the detriment of the integrity of a sports competition, is prohibited. This includes, for example, changing the headquarters, changing the name or transferring takeholdings between different clubs. Prohibitive decisions must be able to be examined by the Member’s body of appeal.

4 Each Member is responsible for deciding national issues, which may not be delegated to the Leagues. Each Confederation is responsible for deciding issues involving more than one Association concerning its own territory. FIFA is responsible for deciding international issues involving more than one Confederation.

From Ticketus web site: No mention of company all agreements with the Club




1 March 2012 - Statement regarding Rangers Football Club

Following a meeting yesterday with Rangers Football Club's (the "Club" or "Rangers") administrators Duff & Phelps, Ticketus would like to state its desire for a rapid and successful conclusion to the Club's administration process and confirm its willingness to enter into discussions with any serious potential bidders for the Club.
We met with the administrators yesterday to make it clear that we intend to be part of a solution for the Club, and to ensure a fast and fair resolution is achieved for all parties. We outlined that this includes working with potential purchasers to help provide various financing solutions to the Club that would be attractive to new owners.
Ticketus believes that the best outcome for Rangers, its fans, Ticketus and our investors is for the administration process to be concluded as soon as possible, with a purchaser found who is able to bring stability to the Club.
Ticketus has an obligation to its investors to pursue all avenues to ensure that the ticket purchase agreement it entered into with the Club is honoured, and we are committed to going to the lengths necessary to ensure that the future of the Club is preserved and its agreement with Ticketus fulfilled. We believe that our investors' interests are aligned to those looking to safeguard the Club's future.
We have already been in contact with a number of other key stakeholders, including potential bidders and fans' representatives, and believe working collaboratively with all parties to create a solution for the Club that puts it on a secure financial footing must be everyone's priority.
Ticketus looks forward to continuing to work with the administrators and serious potential bidders to secure a positive outcome for the Club.

Notes to Editors
  1. Ticketus first entered a ticket purchase agreement with Rangers Football Club in 2009 when the Club was owned by Sir David Murray. The agreement was for Ticketus to purchase some of the Club’s future season tickets in advance at a discounted price, which the Club would then resell at the intended sale price.
  2. Ticketus’ agreement is with Rangers Football Club plc as the entity which originally owned the tickets.

Rangers in liquidation Q&A BBC Sport


BBC Sport examines what comes after liquidation for Rangers after HMRC decided not to approve Charles Green's Company Voluntary Arrangement offer.
Can Rangers newco get back in to the Scottish Premier League?
When the company is liquidated, its registrations with the Scottish Football Association and the Scottish Premier League will be terminated. The new company will not automatically inherit the old registrations.
The newco would have to request a transfer of Rangers' share in the SPL. The SPL will then vote on whether to admit the newco to the top-flight. The SPL rules require eight of its member clubs to vote in favour of a share to be transferred to another company or club. This would require seven other SPL clubs to vote in favour of transferring the oldco's share to the newco, since Rangers will have a vote.
Will the SPL issue any punishments to the newco?
This has been the subject of much debate recently. The SPL decided not to vote on rules introducing punishments for a prospective newco, because the situation has not yet arisen.
The SPL insists it will deal with each situation on its merits. However, it is likely that the SPL would seek to apply sanctions to a newco in an attempt to deter other clubs from following the same route. Sanctions could include a period of reduced income from media rights and sponsorship, a points deduction and restrictions on player transfers.
What if the application to transfer the SPL share fails?
If the SPL rejects the share transfer, the new club could then make an application to join the Scottish Football League. If successful, it would then apply for SFA membership. The new club can only apply for SFA membership when it has a competition to participate in. An opening would arise in the SFL if a club is promoted from the First Division to replace Rangers in the top flight.
All applications to the SFA are assessed on their merits. However, the SFA say any sanctions placed upon the oldco would be taken into consideration to act as a deterrent to other clubs following the same route. Additionally, the new club will not be able to participate in European competition for three years.
Who actually owns Rangers' assets?
At present, Craig Whyte is the majority Rangers shareholder after Sir David Murray sold his shareholding to the Motherwell businessman for £1 in May 2011.
Whyte currently holds a floating charge over Ibrox, Murray Park and the Albion Street car park, which were transferred to Liberty Corporate Limited in April. Liberty Corporate is Rangers' parent company and its sole shareholder is another company known as Liberty Capital Limited, which is owned by Whyte and registered in the British Virgin Islands. Whyte's father, Thomas Whyte, is the sole director of Liberty Corporate.
The floating charge is not guaranteed if the club is liquidated and could be subject to a legal challenge by the appointed liquidators.
Will the players all transfer to the newco?
Under the Transfer of Undertakings (Protection of Employment) Regulations 2006, all employees have the legal right to transfer to the new employer on their existing terms and conditions of employment and with all their existing employment rights and liabilities intact.
It could prove problematic for the newco to maintain the level of wages currently being paid to players if the club's income is reduced. Similarly, employees are under no obligation to accept the terms of the transfer to the new company and can terminate their employment contracts.
Effectively, this means that when Rangers is liquidated, all current players would be free to seek new clubs and there would be no transfer fees due to the newco. However, there could be complications with player contracts under Fifa, Uefa and SFA regulations.
Can the newco buy players?
Technically, there are no restrictions on the new club purchasing players during allocated transfer windows as long as it holds an SFA licence.
However, the current club is under a transfer embargo for entering administration on 14 February and was also handed a 12-month transfer embargo by an SFA appeal tribunal for bringing the game into disrepute, which was set aside by the Court of Session in Edinburgh. The SFA appelate tribunal has still to meet to discuss what punishment should be handed down to Rangers.
The punishment would not automatically transfer to the newco, although the SFA has said any sanctions levied on the old club would have to be taken into consideration when assessing the newco's application for SFA membership in order to deter other clubs from following the same route.
What happens to the club's history?
The Rangers Football Club PLC is a public limited company registered in Scotland (company number: SC004276) and was incorporated on 27 May, 1899. When the current company is officially liquidated, all of its corporate business history will come to an end.
When this happened to Airdrieonians in 2002, all of the trophies, titles and records associated with the club were discontinued and a new club, Airdrie United FC, took over. Airdrieonians' official history ended in 2002, then Airdrie United's took over.
The answer lies principally in the eye of the beholder. Some supporters will view the new Rangers as the same Rangers, while others will feel the old Rangers no longer exist.

Friday 10 August 2012

Mark Hateley Liquidation of Rangers would wash 140 years of proud tradition away



Liquidation of Rangers would wash 140 years of proud tradition away

By Mark Hateley on Mar 30, 12 03:00 PM in rangers
RANGERS going into liquidation is unthinkable. It's as simple as that.
And that's why I was so worried when I saw that dreaded word rear its ugly head again yesterday.
It looks as though Craig Whyte doesn't want to sell his shares to Paul Murray and the Blue Knights consortium. There has even been a suggestion he would rather let the club die.
Hasn't he done enough damage already? If Whyte refuses point blank to sell his shares to Paul then liquidation becomes a genuine fear for the fans again.
For me, it has always been the worst-case scenario since administration engulfed Ibrox.
I'm speaking as a fan and former Rangers player - it can't be allowed to happen. Think of the history that would be lost if the club went bust. That's the thing that disturbs me most.
Rangers have a phenomenal 140-year tradition, with some great players and managers along the way. There have been brilliant times and different generations of supporters can say: "I supported that team." The same as their grandad and great-grandad did.
But that would be broken if liquidation became a reality.
People have so much passion for Rangers and it's a club known around the world. It's important those traditions and values are maintained.
I've heard punters say: "Even if they're liquidated, they'll come back with a new name and the history will still be there." But I don't agree - it just won't be the same Rangers.
A club should be the same from birth. It allows you to keep the same values that Rangers were founded upon.
The Rangers supporters would also never be allowed to forget it by Celtic fans. So I don't even want to think about that particular scenario.
It would be another black mark against the Whyte regime.
The best thing for him to do now, in the best interests of Rangers, would be sell to someone with the club at heart.
At the moment, that person is Paul and the Blue Knights.
The most important thing is to protect the name of Rangers Football Club and ensure the club continues as the same entity.
Unfortunately, the bidders appear to be dropping by the day. But Paul has always been there, constantly saying that his Blue Knights group will do everything in the interests of the club.
That's what everything should be geared towards right now. The administrators must look at a takeover with a business plan in place for the next five years.
What matters is that Rangers operate on an even keel again.
Whyte has always said he is working in the best interests of the club. So why wouldn't he want to sell to Paul when that appears to be his sole aim?
Brian Kennedy has now been ruled out of the running but he has spoken in glowing terms about Paul. Kennedy knows what Paul is all about and what he's trying to achieve at Rangers.
He's backing Paul and obviously believes it would be for the best if the Blue Knights gained control.
The administrators are duty bound to do what is best for the club and the supporters. They are there to find the best buyer.
If the person in question has a personality clash with Whyte - which appears to be the case with Paul - it shouldn't matter. It's not about that any more.
The question the administrators have to ask themselves is: "Who are the best people to take Rangers forward?"
It looks like that would be Paul's Blue Knights group and if he needed any more encouragement to buy the club, surely Sunday's Old Firm win would have done it? It was an incredible atmosphere at Ibrox and Rangers thoroughly deserved their 3-2 victory.
Kyle Lafferty has caused a bit of a stir with his comments about Rangers being better than Celtic and the best in the SPL. And he's right - to a certain extent.
On their day, Rangers are on a level par with Celtic. But what separates them is the size of their squads.
I would suggest that when Rangers get their best team on the pitch it's as good as, if not better, than Celtic's.
The head-to-head record this season would back that theory up.
Of the three Old Firm games so far, Rangers have won two of them at Ibrox quite convincingly.
Celtic won the other one at Parkhead with Joe Ledley's header - but Rangers had a good goal disallowed.
So the starting 11s are evenly matched. But you don't win titles with your best 11 players. You win a championship with the strength of your squad.
And that's why Celtic are way out in front this season. They have a stronger pool of players.
At the start of the season it looked as if Rangers' starting side might be good enough to win the league again but they didn't have the squad to cope with losing key men through injury or, in Nikica Jelavic's case, transfer.
They lost big players at key times. Jelavic was sold in January, Steven Naismith has been injured since October, Lafferty has been out for a long period and Steven Whittaker has missed a lot of games.
You saw it at Dundee United when Dorin Goian and Carlos Bocanegra were suspended. They are quality players and Rangers just can't afford to lose them.
Look at Celtic's squad depth. They have various options at full-back and in central defence. Mark and Kelvin Wilson are struggling to get a game and they have the likes of Cha Du-Ri, Adam Matthews, Thomas Rogne, Charlie Mulgrew, Emilio Izaguirre. The list goes on.
Rangers got their best defence back for the Celtic game and that backline was the most frugal in the SPL earlier this season. When they lost that momentum, with key players out, it all unravelled.
Rangers couldn't cope with the demands of the SPL and that's when Celtic's squad came to the fore. That's why they will be the SPL champions.
As told to Scott McDermott

Charles Green Everything gets swept aside

This link will provide you with the evidence that Rangers are no more;. Charles Green on 1min 55 sec states that if the CVA is not agreed then "HISTORY AND TRADITIONS EVERYTHING THATS GREAT ABOUT CLUB GETS SWEPT AWAY"


Thursday 9 August 2012

Next serving, Number 2 Sevco Scotland

Charles Green you tube

http://www.youtube.com/watch?v=QVy2gClmuZQ&feature=youtu.be&noredirect=1

Companies House

Richard Gough Different Club


LOCK them up and throw away the key.

The club I gave blood, sweat and tears for is dead.
Whose fault is it? I don’t care.
All I care about is the people who brought Rangers to their knees are punished.
Tax evasion is a crime, everyone knows that. If you don’t pay your taxes you go to jail.
It’s a white-collar crime that must have consequences.
So if HMRC are really serious about liquidation giving them the best chance to investigate why Rangers failed, I want to see it done properly.
I want to see the people who are responsible for running Rangers into the ground brought to book.
I don’t know if it’s Craig Whyte or whoever.
But I do know the culprit — or culprits — should be locked up.
I’m still numb by the news 140 years of history has been wiped out in one fell swoop. It’s like a death in the family you know has been coming for a while.
When it happens it still knocks you for six. It’s difficult to know what to make of it all. Too big to fail, that’s what I always thought. Or maybe it was more to do with not believing a club could be so badly mismanaged.
This whole sorry episode has been one rat’s nest of corruption.
So much of it stinks. It would take someone a long time to start piecing together all the rotten bits of this jigsaw.
But time might be something HMRC have if they are so determined to clamp down on tax evasion in football.
When that happens I hope they show no mercy to the people who have destroyed Rangers.
It’s the last thing the players deserve, the last thing boss Ally McCoist, below, needs.
Same goes for the hundreds of staff who are in limbo now because of this mess. The administrators are saying all the jobs will be transferred to the newco. Will they really?
Will anyone at Rangers go home tonight confident their wages are going to drop into the bank at the end of the month? Fat chance.
There’s always protection for the rich, no matter how badly they mess up. Well this time it can’t happen.
There’s a lot of people in Scottish football having a party right now.
I’m not disagreeing about Rangers being punished.
I just don’t understand why so many people are glorying in this.
It’s not just the graveyard of Rangers these people are dancing on.
There’s a real danger it could be Scottish football that dies a slow death because of this.
I hope to God that’s not the case, but the people who are so quick to see Gers die have to be careful what they wish for.
The whole thing is just so sad. I look back and think about all the medals I won at Ibrox.
Leading Gers to Nine in a Row, the League Cups and Scottish Cups.
One day Rangers will be back. They will wear light blue and play at Ibrox Stadium.
But it won’t be the same club I played for.
A lot of people are saying starting again in the Third Division is maybe the best thing to do.
That doesn’t change the fact none of this should have happened in the first place. The really sickening thing about all of this is it was avoidable. All it would have taken for that was for someone to be honest. Pay your dues, give the tax man what he is owed.
Instead Rangers have died.
Despite what some think, that’s a DISASTER for Scottish football.
The SPL will go on and Gers will form a newco and limp along until they find their feet.
But we won’t come through the other side without some pain.
All the clubs in the SPL will suffer because of Gers’ demise.
I had Andy Goram on the phone as soon as I woke up and he couldn’t get his head round it. Like me, he wanted answers.
But if that’s how two guys on the outside feel, how does Coisty feel when he’s at the heart of it all?
He’s kept Rangers together this season. Now it’s unravelling at a rate of knots.
How does he even begin to get his head round it? What happens now for him and for everyone there?
You thought Coisty couldn’t endure any more than last season.
Now it’s the end of the road, maybe the really hard stuff is only just beginning...

Naismith and Whittaker


The former Rangers FC players Steven Naismith and Steven Whittaker issued statements to explain their decisions to reject a transfer of their contracts to Sevco 5088, which will form the newco Rangers club.
The pair decided under TUPE legislation not to move to the new company, and are now free agents.
Steven Naismith
“I have discussed this decision with my fiancĂ©e, my family and my advisors. It has been an extremely difficult decision to make but I believe it is the right decision.
“As players we were put in a difficult position by the administrators whereby we were asked to take a 75% pay cut to contracts that we entered into in good faith. As players we collectively saw this as the only way to get Rangers Football Club out of administration by way of a CVA and thereby protect the staff jobs and the history of the club and give the creditors who had also entered into contracts with Rangers in good faith the best chance of being paid.
“Both Steven and I and our agent fought hard with administrators during negotiations to insert clauses that offered protection to staff and players at the club. I am extremely proud of the actions we took but I am disappointed and angry that Rangers Football Club no longer exists in its original form.
“I am proud that the result of the squad’s decision to take a 75% pay cut for 3 months was successful in our aim of protecting the players and staff at Ibrox and Murray Park’s conditions that has resulted in the opportunity for each member of staff to TUPE over or not to the new entity keeping their original pay and conditions.
“I would like to take this opportunity to thank Walter Smith, Ally McCoist, Kenny McDowall Ian Durrant, Jim Stewart and the rest of the backroom and medical staff and everyone that works at Ibrox and Murray Park for their support during my time at the Club. I am proud of the success we achieved during my time including three SPL titles, a Scottish Cup and two Scottish League Cups.
“Finally I would like to thank the fans for all their backing. Everyone knows I am a life-long Rangers supporter and so I share in the disappointment and anger of what has happened to the great Rangers Football Club.
“I hope that a successful new Rangers can emerge and wish everyone connected with the new Club, including Mr Green and his consortium, the very best for the future.”
Steven Whittaker
“It has been really difficult time for all connected with Rangers Football Club. And this has been such a difficult decision to make. I have discussed it at great length with my wife, family and advisors and believe I have made the right decision to object to joining Sevco.
“I am extremely proud to have played a part in the success during my time at the Club including winning leagues and cup titles and a Europa League final appearance. It has been a pleasure to work with Walter Smith, Ally McCoist, Kenny McDowall, Ian Durrant, Jim Stewart and the rest of the backroom staff, especially the medical team and all the staff at Ibrox and Murray Park.
“I will always have a great deal of affection for the supporters who have shown me great respect throughout my time at Ibrox, I will always be grateful for the support they have given me as a Rangers player.
“I am, like Steven Naismith, proud of the players for taking a 75% pay cut, arguably against our own commercial interests. I believe we did the right thing as we could have refused which could have brought about liquidation earlier and/or resulted in significant redundancies.
“I am glad that the staff have the opportunity to TUPE over or not and that if they choose to their conditions are protected.
“I want to take this opportunity to thank all the staff, the players and especially the supporters. Whatever form the new club takes, I wish everyone connected with it the very best for the future.”

Duff and Phelps club and company one in the same

BBC Club and Company the same

I recently wrote a letter to complain about the termininology used by the BBC when mentioning Rangers in various reports.


This is the reply I have received today regarding my letter. The sooner this registration is agreed to our benefit the better.



Dear Mr xxxxxxxxxx



Reference xxxxxxxxxxxxxxxx



Thank you for contacting us.



Your comments were passed to the Sports Editor, who has asked that I forward his response as follows:



"Thank you for your comments.



It's important for the BBC's audience that a clear distinction is made between the former Rangers company and the new company owned by Charles Green's consortium - and the football entity formerly known as "Rangers FC".



Currently, there is no professional club registered in Scotland with the Scottish Football Association or the Scottish Football League named "Rangers" or otherwise (i.e. "Rangers FC", "The Rangers" or any other similar name - although, there is a separate club known as "Berwick Rangers"). The company known as "The Rangers Football Club PLC" is currently in administration and will inevitably be liquidated.



The company owned by Charles Green is known as "Sevco 5088 Ltd". Mr Green also owns another company known as "Sevco (Scotland) Ltd." - this is the company which Mr Green claims has purchased all of Rangers' assets - purportedly including Ibrox Stadium, Murray Park, the Albion St car park, the player registrations and the club's membership of the Scottish Football Association and its share in the Scottish Premier League. However, the status of the "club" - i.e. the football entity - is currently in limbo after the old club's registrations were effectively terminated when it filed for insolvency.



At a meeting on Monday 4 July 2012, the SPL voted unanimously to reject an application to transfer the old company's share in the SPL to Mr Green's Sevco. Subsequently, Sevco applied for membership of the Scottish Football League, and, following a vote at Hampden on Friday 13 July, was accepted into the SFL setup. Also at that vote, Sevco was refused entry to SFL Division One, but was offered a place in SFL Division Three - and, subject to Scottish Football Association approval, the newco will start life in the SFL Third Division. However, it is not yet clear if Rangers will actually play football next season or not - at this stage, Sevco has only been given an agreement in principle to participate in the Scottish Football League Third Division - it has yet to obtain an SFA licence and fully register as a Scottish football club. When this happens, the SFA will undoubtedly clarify if there has been transference of the club's membership from the oldco to the newco, or if an entirely new club membership registration has been approved. Certainly, the BBC will seek clarification on this issue.



Given this, BBC Scotland has taken the editorial decision, in the interests of clarity for the audience, to refer to "Rangers oldco" and "Rangers newco" in order to accurately reflect the legal status of the company and the football registration status of the club, in addition to any sanctions that may or may not be issued."



Thank you, once again, for taking the time to contact us.



Details of the BBC complaints process are available online at:






Kind Regards



Michelle McGahan



BBC Complaints



www.bbc.co.uk/complaints

Charlie Green admits new club

125 unbroken years

Celtic and EBT

EBT side letter

companies house