Seal Mr Angry Surely the football authorities here have to learn from this debacle, and not allow the purchase of clubs based soley on debt using the football club as collateral; that means the purchasers have no financial risk.
As it stands today, there is nothing to prevent a person buying a football club by borrowing money using the club's future projected earnings as collateral, forming an umbrella company based on the football club then dumping all their other business debts onto that company, then allowing that company (and therefore the football club) to go into administration, thus wiping out all their debts.
Or have I missed a fundamental of England & Wales business law that says that the above scenario cannot happen? (though I think it did with Chesterfield a few years ago.....)
Yes there is
http://www.uefa.com/uefa/footballfirst/protectingthegame/financialfairplay/index.html
No, there isn't.
These are the relevant paragraphs - emphasised words are key:
"Therefore, as requested by the football family, and in consultation with the football family, UEFA
aims to develop sensible and achievable measures to realise these goals. They include an obligation for clubs,
over a period of time, to balance their books or break even. Under the concept, clubs cannot repeatedly spend more than their generated revenues. Guidance will be given on salaries and transfer spending, indicators provided on the sustainability of levels of debt, and clubs will be obliged to honour their commitments at all times.
The financial fair play measures will involve a multi-year assessment enabling a longer-term view to be formed and within the wider context of European club football. They will reach beyond the current UEFA club licensing system criteria that are primarily designed to enable an assessment of a club's financial situation in the short term.
Financial fair play measures
are planned to be implemented over a three-year period. A Club Financial Control Panel has been set up to monitor and ensure that clubs adhere to the financial fair play requirements - and in May 2010, the UEFA Executive Committee approved the UEFA Club Licensing and Fair Play Regulations - which have the support of all stakeholders in European football."
In other words, as it stands NOW, whilst FIFA can see a problem, they are choosing merely to have "aims" to tackle it. There is nothing in that article that says doing what I suggested is not allowed, or that if it were to happen, what the sanctions on the club and (more importantly) the individuals doing it, will be.
Nor indeed, would it, when you see that the article is littered with phrases such as "the stakeholders (eg: the clubs themselves) in European football"; in other words, the regulations are being discussed with, and require the agreement of, the VERY organisations that are creating the problem in the first place!!