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Apply your own principals for the fit and proper persons test

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This is of interest to all football fans as this is something that at any time could affect any club in the league,

 

I am particularly interested in how this applies to my club, Birmingham City FC

 

The crux of the argument is that according to appendix 3 of the rules governing all football league clubs, it covers disqualifying any person with convictions involving a dishonest act, See appendix 3, items that are bold are made such by me.

 

A director is defined amongst others as a person who exercises or is able, legally or beneficially, to exercise Control over the affairs of the Club.

 

To establish who is a significant person the definition in section 1 is at the bottom of the petion but includes;

 

All or part of any such interest may be held directly or indirectly or by contract including, but not limited to, by way of membership of any Concert Party, and any rights or powers held by an Associate, Nominee or Connected Person shall be included for the purposes of determining whether an interest or interests amounts to a 'Significant Interest

 

As the Board of Birmingham City contains, Carson Yeung’s, So, Brother-in-law, future Brother-in-law and  Carson’s Right hand Man, Peter Pannu, who were all put in place by Carson Yeung, it would seem he still has the ability by proxy to exercise control over the affairs of the club

 

Therefore we ask that this be re-examined, under the light of this information and the rules applied to the strongest extent possible

 

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Supporting Information, from the Football League Website

 

Appendix 3 – Disqaulifying Position

 

(e) having an unspent conviction (or where the Rehabilitation of Offenders Act 1974 does not apply for any reason, having a conviction within the period that would have rendered that conviction unspent had the provisions of that Act applied) for any offence (including any attempt to commit the same) that can reasonably be considered to fall within the category of:

 

(i)   an offence involving a Dishonest Act;

 

(ii) corruption;

(iii) perverting the course of justice;

(iv) committing a serious breach of any requirement under the 1985 Act or 2006 Act;

(v) 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;

(vi) admitting spectators to watch a football match at unlicensed premises under Section 9 of the Football Spectators Act 1989;

(vii) ticket touting under Section 166 of the Criminal Justice and Public Order Act 1994;

(viii) conspiracy to commit any of the offences set out in paragraphs (i) to (iv) above; or

(ix) any conviction for a like offence to any of the above offences by a competent court having jurisdiction outside England and Wales,

whether such conviction occurred prior to or after 10th March 2005 (being the date of implementation of this Test);

(f) being subject to a banning order in accordance with Schedule 1 of the Football Spectators Act 2000;

(g) being a Registered Offender (as defined in this Appendix 3);

 

(h) having an unspent conviction (or where the Rehabilitation of Offenders Act 1975 does not apply for any reason, having a conviction within the period that would have rendered that conviction unspent had the provisions of that Act applied) for any offence anywhere in the World (including any attempt to commit the same) where such conviction has resulted in a sentence of at least 12 months' imprisonment but for the avoidance of doubt, not a suspended jail sentence unless that sentence is subsequently activated for a period of at least 12 months for whatever reason (irrespective of whether such conviction occurred prior to or after 10th March 2005 (being the date of implementation of this Test));

 

(i) being subject to a disqualification order as a director under the Company Directors Disqualification Act 1986 (as amended), or being subject to the terms of an undertaking given to the Secretary of State under that act, unless a Court of competent jurisdiction makes an order under that Act permitting an appointment as director of a Club;

(j) being subject to any form of suspension, disqualification or striking-off by a professional body including, by way of example and without limitation, The Law Society, Bar Council or the Institute of Chartered Accountants, or any other equivalent body or bodies in any jurisdiction throughout the World and whether that suspension, disqualification or striking off is direct or indirect (for example a direction to Persons subject to the jurisdiction of the professional body that they should not employ, contract with or otherwise engage or retain the services of any individual);

(k) being subject to an Individual Voluntary Arrangement (in accordance with the provisions of Part VIII of the Insolvency Act);

(l) being subject to a Bankruptcy Order, Interim Bankruptcy Restriction Order or a Bankruptcy Restriction Order; and

(m) being a Club Director of:

(i) at least two Football Clubs that have each been subject to or suffered unconnected Insolvency Events;

(ii) one Football Club that has been subject to or suffered two unconnected Insolvency Events,

 

'Club Director' means in respect of any Club any individual Person (and not any Entity) operating the powers that are usually associated with the powers of a director of a company incorporated under the 2006 Act (as a Company limited by shares or by guarantee). Without prejudice to the generality of the foregoing, the following individuals shall be deemed to qualify as a Club Director:

(a) a director as defined by Section 250 of the 2006 Act;

(b) a shadow director as defined by Section 251 of the 2006 Act;

(c) a person registered as a director or secretary of the Club with the Registrar of Companies;

(d) a person for whom a Form AP01 (to be filed with the Registrar of Companies) has been completed in relation to the Club;

(e) a person who has been elected to become a director of the Club at a meeting of the board of directors of the Club;

(f) a person who has been elected to become a director of the Club at a meeting of the members of the Club;

(g) a person in accordance with whose directions or instructions the persons constituting the management of the Club are accustomed to act;

 

(h) a person who exercises or is able, legally or beneficially, to exercise Control over the affairs of the Club,

 

 

'Significant Interest' means the holding and/or possession of the legal or beneficial interest in, and/or the ability to exercise the voting rights applicable to, shares or other securities in the Club which confer in aggregate on the holder(s) thereof ten (10) per cent or more of the total voting rights exercisable in respect of the shares of any class of shares of the Club. All or part of any such interest may be held directly or indirectly or by contract including, but not limited to, by way of membership of any Concert Party, and any rights or powers held by an Associate, Nominee or Connected Person shall be included for the purposes of determining whether an interest or interests amounts to a 'Significant Interest



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