fit and proper test

[trevor fisher]

The latest report on Tony Xia via MOMS says he has claimed in a TV interview to have and manager who has been offered the villa job, and this will wait for a week. MOMs says "this suggests that the 'fit and proper' ownership tests should be completed by then.

Does anyone have a clear guide to what the tests consist of? As far as I can see they are only about finance, after Michael Knighton tried to take over at Man United and was found not to have the money. So the rules came in. But they don't seem to cover other key issues, as Hicks and Gillett showed at Liverpool. Does anyone know what the tests are and where they can be found - and if they can be done in 10 days?

[robbyfvillain]

The latest report on Tony Xia via MOMS says he has claimed in a TV interview to have and manager who has been offered the villa job, and this will wait for a week. MOMs says "this suggests that the 'fit and proper' ownership tests should be completed by then.

Does anyone have a clear guide to what the tests consist of? As far as I can see they are only about finance, after Michael Knighton tried to take over at Man United and was found not to have the money. So the rules came in. But they don't seem to cover other key issues, as Hicks and Gillett showed at Liverpool. Does anyone know what the tests are and where they can be found - and if they can be done in 10 days?

From Wikipedia
The Premier League has tighter restrictions than the rest of the Football League and Football Conference. In general, a businessman will fail the test if:

They have power or influence over another Football League club
They hold a significant interest in another Football League club
They become prohibited by law from being a director
They are filing for bankruptcy
They have been director of a club while it has suffered two or more unconnected events of insolvency
They have been a director of two or more clubs of which, while they have been director, has suffered an event of insolvency

[aj2k77]

He's not going to fail the fit and proper test, he may turn out to be a nutter/dreamer/or get involved where he shouldn't but it appears he isn't a criminal and has some money.

[Witton Warrior]

The latest report on Tony Xia via MOMS says he has claimed in a TV interview to have and manager who has been offered the villa job, and this will wait for a week. MOMs says "this suggests that the 'fit and proper' ownership tests should be completed by then.

Does anyone have a clear guide to what the tests consist of? As far as I can see they are only about finance, after Michael Knighton tried to take over at Man United and was found not to have the money. So the rules came in. But they don't seem to cover other key issues, as Hicks and Gillett showed at Liverpool. Does anyone know what the tests are and where they can be found - and if they can be done in 10 days?

From Wikipedia
The Premier League has tighter restrictions than the rest of the Football League and Football Conference. In general, a businessman will fail the test if:

They have power or influence over another Football League club
They hold a significant interest in another Football League club
They become prohibited by law from being a director
They are filing for bankruptcy
They have been director of a club while it has suffered two or more unconnected events of insolvency
They have been a director of two or more clubs of which, while they have been director, has suffered an event of insolvency

I'm surprised there is nothing about any form of fraudulent activity, none payment of taxes or pending criminal charges?

[cdbearsfan]

Looks like he could walk that test. Then again, so could I. And I have zero money.

[Davkaus]

The latest report on Tony Xia via MOMS says he has claimed in a TV interview to have and manager who has been offered the villa job, and this will wait for a week. MOMs says "this suggests that the 'fit and proper' ownership tests should be completed by then.

Does anyone have a clear guide to what the tests consist of? As far as I can see they are only about finance, after Michael Knighton tried to take over at Man United and was found not to have the money. So the rules came in. But they don't seem to cover other key issues, as Hicks and Gillett showed at Liverpool. Does anyone know what the tests are and where they can be found - and if they can be done in 10 days?

From Wikipedia
The Premier League has tighter restrictions than the rest of the Football League and Football Conference. In general, a businessman will fail the test if:

They have power or influence over another Football League club
They hold a significant interest in another Football League club
They become prohibited by law from being a director
They are filing for bankruptcy
They have been director of a club while it has suffered two or more unconnected events of insolvency
They have been a director of two or more clubs of which, while they have been director, has suffered an event of insolvency

I'm surprised there is nothing about any form of fraudulent activity, none payment of taxes or pending criminal charges?

There is, there are all sorts of things not listed there, who'd have thought Wikipedia wouldn't be thorough and accurate?!

There's all sorts of convictions they're not allowed to have. The full test can be found if you search for the Football League Owners and directors test, I'm not allowed to link things yet, there's an excerpt below, but it covers quite a lot more. Nothing about money though, other than not being bankrupt.

I hereby declare that:
(i) I am not either directly or indirectly involved in or have power to determine or influence the
management or administration of another Football Club;
(ii) I am not subject to a disqualification order as a director of a UK registered company under
the Company Directors’ Disqualification Act 1986 (as amended);
(iii) I have not been convicted of any of the following offences, or where I have, this conviction
is now considered spent under the Rehabilitation of Offenders Act 1974;
OWNERS’ AND DIRECTORS’ TEST 2015-2016 311
(a) an offence involving a Dishonest Act;
(b) corruption;
(c) perverting the course of justice;
(d) committing a serious breach of any requirement under the Companies Act 1985
or 2006 or any statutory modification or re-enactment thereof;
(e) dishonestly receiving a programme broadcast from within the UK with intent to
avoid payment under Section 297 of the Copyright, Designs and Patents Act 1988;
(f) admitting spectators to watch a football match at unlicensed premises under
Section 9 of the Football Spectators Act 1989;
(g) ticket touting under Section 166 of the Criminal Justice and Public Order Act 1964;
(h) conspiracy to commit any of the offences set out in paragraphs (a) to (g) above;
(i) any conviction for a like offence to any of the above offences by a competent court
having jurisdiction outside England and Wales.
(j) I am not currently the subject of any current criminal proceedings for any of the
offences detailed at items (a) to (i) above;
(iv) I am not a Registered Offender and am not required to notify personal information pursuant
to Part 2 of the Sexual Offences Act 2003;
(v) I am not subject to a banning order in accordance with Schedule 1 of the Football Spectators
Act 2000;

[godzvilla]

Perhaps because I live abroad I don´t understand this:
  (e) dishonestly receiving a programme broadcast from within the UK with intent to
avoid payment under Section 297 of the Copyright, Designs and Patents Act 1988;

Is it something to do with the TV Licence , or hookey DVDs ?, would someone be so kind as to enlighten me, please?....Godzvilla!

[cdbearsfan]

I'd guess it's to do with protecting the broadcasting rights of the FL. Not sure though.

[Dave Cooper please]

Is there any particular reason why you can't add your comments to an existing thread Trevor? We are discussing the takeover in a thread which has "takeover" in the title.

[eamonn]

Yes, it's a frownable offence if some of us are too lazy to wade through a thread and create new topics willy-nilly.

[cdbearsfan]

Is there any particular reason why you can't add your comments to an existing thread Trevor? We are discussing the takeover in a thread which has "takeover" in the title.

In fairness, this one was arguably worthy of its own thread and at least he's stopped signing his posts.

[olaftab]

Is there any particular reason why you can't add your comments to an existing thread Trevor? We are discussing the takeover in a thread which has "takeover" in the title.

Takeover what's this about takeover?

[Ron Manager]

Is there any particular reason why you can't add your comments to an existing thread Trevor? We are discussing the takeover in a thread which has "takeover" in the title.

Takeover what's this about takeover?

Keep up Aftab. Doug's thinking of selling!

[trevor fisher]

when Bob Dylan wrote "You don't need a weatherman to know which way the wind blows" he did not know about English football. I started this thread not to comment on the takeover but to get information on what the rules are. And the comments have been very useful.

I still don't understand the rules, but a couple of things are now clearer. The Premiership rules don't seem to apply, so I looked at the Financial Regulation section of the FA. I would welcome any views on what they mean, as they seem to me obscure, so perhaps the government is right to complain about the FA. But for us, as the Football League now beckons, The Leagues Owners and Directors Test has some clues, so that is probably the place to start. But I doubt Xia will have any problems as the rules stand, so the big issue is no longer the rules. As I am not a lawyer that is merely an opinion. The next few days will probably see Xia confirmed, but if not, then time to look at the rules more closely

[Sexual Ealing]

when Bob Dylan wrote "You don't need a weatherman to know which way the wind blows" he did not know about English football.

But what about when Falco wrote "Er war ein Virtuose. War ein Rockidol"? What about that, Trevor? WHAT ABOUT THAT?!