Proceeding against a company in voluntary winding-up<\/em><\/h2>\nIt is possible to proceed against a company in voluntary liquidation. There is no prohibition on doing so where there has been no winding-up petition made to a court or winding-up order made. Whether this is an appropriate course of action will depend on the circumstances of each case and should be agreed with the Procurator Fiscal. It may be desirable for example where the directors of the company intend to set up a new company after the present company is wound up, or where the winding up is part of a takeover.<\/em><\/p>\nWhere there is evidence that one or more directors have a history of setting up new companies, after winding up their previous company, it may be appropriate to bring proceedings under section 37 HSWA, against the directors as well as the company.\u00a0<\/em><\/p>\nThree directors of the new company also involved with the old at the time it went down ?<\/p>\n
Something to think about.<\/p>\n
Whichever way we look at this, we may be on the point of working out exactly what the “fine legal mind “, not from Arbroath, told the SFA and by association, the SPFL.<\/p>\n
In a nutshell ?<\/p>\n
Don’t do it. You’ll make yourselves look stupid.<\/p>\n
Apart from opening a whole can of worms should any of this end up in court, its not really a legal matter. Not the titles, at least.<\/p>\n
Thats entirely up to the SFA\/SPFL.<\/p>\n
However, should they remove them on grounds of cheating, that would open up a whole set of questions.<\/p>\n
<\/p>\n
Therefore those in charge at the \u00a0SFA and SPFL have decided not to kick away the ladder they climbed to get to where they are<\/p>\n
Rangers are in liquidation.<\/p>\n
The new club\/company cannot be held responsible for anything that happened at the old club.<\/p>\n
That is what would be concluded after any investigation, no matter who undertook the task.<\/p>\n
However, what it will also reveal is that Rangers are in liquidation, and that the current entity is sod all to do with them.<\/p>\n
Which might prove a little embarrassing for those who have gone public with the “same club ” nonsense.<\/p>\n
Especially if some one who bought tickets or merchandise under the illusion it was an official Rangers item. They are in liquidation, and cannot trade.<\/p>\n
Neil Doncaster, for instance, who it appears started the myth, might be forced to explain himself..<\/p>\n
Remember the Five Way agreement..it was never made public for discussion.. thats where it all started, and why they didn’t throw it open for discussion.<\/p>\n
<\/div>\n
<\/div>\n
External Draft 6<\/em><\/div>\n\u00a0<\/em><\/div>\n\n
A<\/span>GREEMENT AMONG<\/em><\/div>\n<\/div>\n\n
\u00a0<\/em><\/div>\nS<\/span>UBJECT TO CONTRACT: DRAFT<\/em><\/div>\n\u00a0<\/em><\/div>\n<\/div>\n\u00a0<\/em><\/div>\n\n
(<\/span>1) THE SCOTTISH FOOTBALL ASSOCIATION LIMITED<\/em><\/div>\n<\/div>\n\n
(<\/span>2) THE SCOTTISH PREMIER LEAGUE LIMITED<\/em><\/div>\n(<\/span>3) THE SCOTTISH FOOTBALL LEAGUE<\/em><\/div>\n(<\/span>4) THE RANGERS FOOTBALL CLUB PLC (IN ADMINISTRATION)<\/em><\/div>\n(<\/span>5) SEVCO SCOTLAND LIMITED\u00a0<\/em><\/div>\n<\/div>\nContents <\/em><\/div>\nClause <\/em><\/div>\nPage <\/em><\/div>\nAGREEMENT AMONG: <\/em><\/div>\n<\/div>\n
(1) THE SCOTTISH FOOTBALL ASSOCIATION LIMITED, a company incorporated in Scotland (registered number SC005453) whose registered office is at Hampden Park, Glasgow G42 9AY (the “SFA”); <\/em><\/div>\n<\/div>\n
(2) THE SCOTTISH PREMIER LEAGUE LIMITED, a company incorporated in Scotland (registered number SC175364) whose registered office is at Hampden Park, Glasgow G42 9AY (the “SPL”); <\/em><\/div>\n<\/div>\n
(2) THE SCOTTISH FOOTBALL LEAGUE, an unincorporated association acting through its Board having its principal place of business at Hampden Park, Glasgow G42 9EB (the “SFL”);<\/em><\/div>\n<\/div>\n
(4) THE RANGERS FOOTBALL CLUB PLC (IN ADMINISTRATION), a company incorporated in Scotland (registered number SC004276) whose registered office is at Ibrox Stadium, 150 Edmiston Drive, Glasgow G51 2XD (“RFC”), acting through the Joint Administrators (defined below); and<\/em><\/div>\n<\/div>\n
(5) SEVCO SCOTLAND LIMITED, a company incorporated in Scotland (registered number SC425159) whose registered office is at Ibrox Stadium, 150 Edmiston Drive, Glasgow G51 2XD (\u201cSevco\u201d). <\/em><\/div>\n<\/div>\n
<\/div>\n
RECITALS:<\/em><\/div>\n<\/div>\n
(A) The SFA is a private company limited by guarantee which is the governing body of association football in Scotland whose aim is to promote, foster and develop the game at all levels in Scotland. <\/em><\/div>\n<\/div>\n
(B) The SPL is a private company limited by shares which owns, promotes and operates the “Scottish Premier League”, in which the association football clubs owned and operated by the twelve holders for the time being of the issued shares in the SPL compete.<\/em><\/div>\n<\/div>\n
(C) The SFL is an unincorporated association of thirty members acting through its Board which owns, promotes and operates the “Scottish Football League”, in which the thirty association football clubs owned and operated by its thirty members for the time being compete in three divisions (first, second and third). <\/em><\/div>\n<\/div>\n
(D) RFC is a public company limited by shares which (i) is a full member (as defined in the SFA Legislation (as defined below)) of the SFA; (ii) owns one of the twelve issued Shares\u00a0in the SPL; and (iii) owned and operated an association football club known as “Rangers FC” (defined below) which played in the Scottish Premier League during season 2011\/12. <\/em><\/div>\n<\/div>\n
(E) Sevco is a private company limited by shares. <\/em><\/div>\n<\/div>\n
(F) Following the completion of a controlled auction process by the Joint Administrators (defined below), Sevco has purchased substantially all the business and assets of RFC by entering into the SPA (defined below).<\/em><\/div>\n<\/div>\n
(G) Sevco will become, following on the transfer to it of the full membership of RFC in the SFA, on Completion (defined below) the operator of Rangers FC within the Third Division of the Scottish Football League.<\/em><\/div>\n<\/div>\n
(H) Sevco has applied for and has been admitted as an Associate Member of the SFL (defined below) subject always to Rule 16 of the SFL Rules and during season 2012\/13 (at a minimum) shall play in the Third Division of the Scottish Football League. <\/em><\/div>\n<\/div>\n
(I) Dundee FC (defined below) will resign from membership of the SFL, its membership of the SFL will automatically terminate and Dundee FC will have transferred to it by RFC the one Share held by RFC and during season 2012\/13 (at a minimum) shall play in the Scottish Premier League. <\/em><\/div>\n<\/div>\n
(J) The members of the SFL passed the SFL Resolution (defined below) on 13 July 2012. <\/em><\/div>\n<\/div>\n
(K) The SFA, the SPL, the SFL, RFC and Sevco have between and among each other agreed to give various undertakings and to contract as set out in this Agreement. \u00a0<\/em><\/div>\n<\/div>\n
Got that ?<\/div>\n
<\/div>\n
Thats so you know who is who, or who they all say is who. Sevco own RFC, or at least some of it. Thats where this takeover thing comes in, which of course is nonsense, as they paid none of the old company’s debts, or even tried to.<\/div>\n
<\/div>\n
So, on with the show, business as usual.<\/div>\n
<\/div>\n
And it is a business.<\/div>\n
<\/div>\n
Whats interesting is that the SPFL and the SFA are technically private companies.<\/div>\n
<\/div>\n
Whats also interesting is that the agreement \u00a0appears to be concocted to attempt to explain the same club myth-yeah, i know its basics, but it helps us to all start from the same base. Except for the creditors of the old club, they don’t count<\/div>\n
<\/div>\n
But hang on, further down the agreement says that the new club should be held liable for anything the old club did..<\/div>\n
<\/div>\n
2.1 The SPL, Sevco and RFC hereby agree that on Completion Sevco shall, other than with respect to the CW Exempt Acts, become liable and responsible for the purpose of imposition of sanctions by the SPL for any and all acts and\/or omissions of RFC and\/or Rangers FC which predated Completion including the CW Enduring Acts and which caused, resulted in, contributed or led to a breach of or failure to fulfil any provision or provisions of the SPL Articles and\/or the SPL Rules by RFC and\/or Rangers FC as if, for that purpose, such acts and\/or omissions had occurred at a time when Sevco was the owner and holder of the RFC Share and Rangers FC had been owned and operated by Sevco and Sevco had been a full member of the SFA.\u00a0<\/em><\/div>\n<\/div>\n
CW Exempt acts ?<\/div>\n
\u201cCW Exempt Acts\u201d means all acts and omissions of or undertaken under instruction from or with the actual knowledge of Craig Whyte during the period of his tenure as Chairman of RFC, the sanctions for which are enforceable against RFC and not against CW as an individual and which are not CW Enduring Acts; <\/em><\/div>\n<\/div>\n
“CW Enduring Acts” means all acts and omissions of or undertaken under instruction from or with the actual knowledge of Craig Whyte during the period of his tenure as Chairman of RFC, the sanctions for which are enforceable against RFC and not against CW as an individual where such acts or omissions relate to or are in any way connected with, directly or indirectly, corruption, fraud, bribery, match-fixing, unauthorised or undisclosed payments to players or Match Officials, or any matter similar in its reprehensible nature to any of the foregoing which acts or omissions are of at least equal gravity to those found to have been committed by or engaged in by RFC in the JP Determination.\u00a0<\/em><\/div>\n<\/div>\n
Effectively, that sounds like they’re going to call it the same club when it suits.<\/div>\n
<\/div>\n
History, Trophies, Trading name, merchandise.<\/div>\n
<\/div>\n
Not debts. Especially not debts.<\/div>\n
<\/div>\n
Which is exactly what they did.<\/div>\n
<\/div>\n
And why they cannot strip the titles.<\/div>\n
<\/div>\n
They’ve already said they won’t. In 2012, as it didn’t suit the agenda.<\/div>\n
<\/div>\n
“Rangers ” had to be back in the game, one way or another.<\/div>\n
<\/div>\n
<\/p>\n
Sporting integrity-don’t make me laugh.<\/div>\n
<\/div>\n
That doesn’t matter, we are dealing with private companies whose remit -like any other company-is to make money.<\/div>\n
<\/div>\n
Sensible executives would have gone down the route of creating a new club, punishing those who sunk the old one, and selling a new , clean business. As we have seen, there is a market for a club from Ibrox, but of course the danger was, and still is, that Ibrox would have to be sold to pay off the debts…<\/div>\n
<\/div>\n
Not this lot. Hide the assets away and pretend nothing happened.<\/div>\n
<\/p>\n
<\/div>\n
The whole thing is a mess, a complete embarrassment to the game in Scotland, a game which you and I are paying into, either directly or indirectly.<\/div>\n
<\/div>\n
There are two private companies running this fiasco.<\/div>\n
<\/div>\n
Is there any other industry in the world who would continue to get your business after such a show of incompetence or misgovernance ?<\/div>\n
<\/div>\n
If you bought a season book for a train journey, and the train didn;t show up, would you not just get the bus the next time ?<\/div>\n
<\/p>\n
<\/div>\n
Its one thing to demand the titles be stripped, and frankly its not going to happen unless the SFA and SPFL decide they will do it.<\/div>\n
They are private companies who can do what they want, and up until now, you and I are paying them to run their own little fiefdom.<\/div>\n
<\/div>\n
Keeping the focus on title stripping means we are not concentrating on the real issue.<\/div>\n
<\/div>\n
Which is the removal of those who allowed this to happen. Those who , it seems, actively encouraged it.<\/div>\n
<\/div>\n
<\/div>\n
Should the SFA and SPFL not resign en masse, then the clubs should resign from the SFA and SPFL.<\/div>\n
<\/div>\n
Thast the only option now, either get rid of them or get away from them.<\/div>\n
<\/div>\n
We can also look at bringing prosecutions against the SFA and the SPFL, crowdfunded if need be, because it is they who did not do the job they were paid to do. But thats for later.<\/div>\n
<\/div>\n
<\/p>\n
They’ve been taking our money for years under false pretences. Those days are now numbered, and that number is falling one by one.<\/div>\n
<\/div>\n
No other company would get away with what they have done over the last few years.<\/div>\n
<\/div>\n
Why should they ?<\/div>\n
<\/div>\n
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<\/p>\n","protected":false},"excerpt":{"rendered":"
Its actually quite simple. Who do they accuse, who do they put on trial, and who forms the defence ? As you are aware, the…<\/p>\n","protected":false},"author":7,"featured_media":11704,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[],"tags":[],"jetpack_featured_media_url":"https:\/\/etims.net\/wp-content\/uploads\/2017\/07\/13266901.jpg","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p2J7If-32J","_links":{"self":[{"href":"https:\/\/etims.net\/index.php?rest_route=\/wp\/v2\/posts\/11701"}],"collection":[{"href":"https:\/\/etims.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/etims.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/etims.net\/index.php?rest_route=\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/etims.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11701"}],"version-history":[{"count":4,"href":"https:\/\/etims.net\/index.php?rest_route=\/wp\/v2\/posts\/11701\/revisions"}],"predecessor-version":[{"id":11708,"href":"https:\/\/etims.net\/index.php?rest_route=\/wp\/v2\/posts\/11701\/revisions\/11708"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/etims.net\/index.php?rest_route=\/wp\/v2\/media\/11704"}],"wp:attachment":[{"href":"https:\/\/etims.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11701"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/etims.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11701"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/etims.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11701"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![](\"https:\/\/pbs.twimg.com\/media\/CqYfRZrWEAAQowU.jpg\")
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