Read on Twitter
I& #39;ve been looking into the details of the O&D test in the Premier League handbook. This is the de facto contract between the member clubs and the league, and so I hoped it& #39;d give me a clue what the hold up might be. 1/n
#nufctakeover
#nufc
#nufctakeover
#nufc
Note: I& #39;m not a lawyer. I do have extensive experience of negotiating (in both senses) commercial contracts in my capacity as a business director. Obviously what follows is based on a number of assumptions, but hopefully is reasonably accurate.
2/n
#NUFCTakeover
2/n
#NUFCTakeover
The section relating to the O&D test is Section F. Now obviously this test takes place any time there& #39;s a new proposed director appointed. But the clauses covering the test are quite explicit. Stay with me. This is important. Very important...
3/n
3/n
The reason this is important is because the clauses (F2-F4) that cover the submission also provide timescales. Not for the completion of the entire process, but they do provide a frame of reference.
4/n
#NUFCTakeover
4/n
#NUFCTakeover
The longest timeframe mentioned is 21 days. That& #39;s what it takes for a club, promoted from the Championship, to be waved through. 3 weeks (or just over 4 weeks on a 5 day working week). Probably where the fabled "3 or 4 weeks" came from.
5/n
#NUFCTakeover
#NUFC
5/n
#NUFCTakeover
#NUFC
Rule F4.2
"within five Working Days of receipt thereof the Board shall confirm to the
Club whether or not he [proposed director] is liable to be disqualified..."
This isn& #39;t a decision, but an indication of what the decision is likely to be.
5 days.
6/n
#NUFCTakeover
#NUFC
![Rule F4.2"within five Working Days of receipt thereof the Board shall confirm to theClub whether or not he [proposed director] is liable to be disqualified..."This isn& #39;t a decision, but an indication of what the decision is likely to be. 5 days.6/n #NUFCTakeover #NUFC](https://pbs.twimg.com/media/EeiYQZkUwAAhXSD.jpg "Rule F4.2\"within five Working Days of receipt thereof the Board shall confirm to theClub whether or not he [proposed director] is liable to be disqualified...\"This isn& #39;t a decision, but an indication of what the decision is likely to be. 5 days.6/n #NUFCTakeover #NUFC")
"within five Working Days of receipt thereof the Board shall confirm to the
Club whether or not he [proposed director] is liable to be disqualified..."
This isn& #39;t a decision, but an indication of what the decision is likely to be.
5 days.
6/n
#NUFCTakeover
#NUFC
Now my first thought was - this rule won& #39;t apply because PIF/RB/PCP aren& #39;t actually a member club yet.
But that& #39;s covered by rule F4.1, which states that once the Declaration is submitted, that person is subject to and bound by the rules.
Which is good because...
7/n
#NUFC
But that& #39;s covered by rule F4.1, which states that once the Declaration is submitted, that person is subject to and bound by the rules.
Which is good because...
7/n
#NUFC
...of this word:
"...shall..."
Legally, it& #39;s an important word. It doesn& #39;t mean "may" or "might" or "could". It& #39;s imperative. The PL must provide an indication of the outcome pretty early on in the process.
8/n
#NUFCTakeover
"...shall..."
Legally, it& #39;s an important word. It doesn& #39;t mean "may" or "might" or "could". It& #39;s imperative. The PL must provide an indication of the outcome pretty early on in the process.
8/n
#NUFCTakeover
The PL would be on pretty thin ice if they rejected one of the proposed consortium without firm evidence. And I& #39;m sure we would have heard about it by now. So we can assume that no such rejection had been received.
Legally, there& #39;s nothing stopping PIF taking control today.
9/n
Legally, there& #39;s nothing stopping PIF taking control today.
9/n
But there& #39;s a difference between legally and practically. If PIF take control and then the PL ultimately choose to disqualify a director, the consequences for the club could be catastrophic. Which is what keeps the takeover bid in limbo.
10/n
#NUFCTakeover
#NUFC
10/n
#NUFCTakeover
#NUFC
The question is, Have the PL provided confirmation that the proposed directors are *not* likely to be disqualified?
If they haven& #39;t, then they& #39;re in breach of their own contract.
They risk being sued. For a lot of money.
11/n
#NUFCTakeover
If they haven& #39;t, then they& #39;re in breach of their own contract.
They risk being sued. For a lot of money.
11/n
#NUFCTakeover
Of course this is a civil case. The other question is: by blocking the takeover by dragging their heels are they acting illegally stifling competition? Anti-trust laws are there for a reason.
The PL must start talking now and explaining their actions.
12/n
#NUFC
#NUFCTakeover
The PL must start talking now and explaining their actions.
12/n
#NUFC
#NUFCTakeover
The only reasonable explanation for such a high risk strategy by the PL is that they& #39;re protecting their partners interests above all else.
It seems that the hashtag #PremierLeagueAreCorrupt isn& #39;t just fans venting, but could actually be accurate.
/end
#NUFC
#NUFCTakeover
It seems that the hashtag #PremierLeagueAreCorrupt isn& #39;t just fans venting, but could actually be accurate.
/end
#NUFC
#NUFCTakeover
