| FAO Will 21:18 - Nov 19 with 19708 views | Neath_Jack |
As your role as associate director, did you used to attend the directors box at home games? I'm not talking about your role as Trust observer now, as i believe these are two completely different roles? |  |
| |  |
| FAO Will on 19:10 - Nov 20 with 1946 views | exiledclaseboy |
| FAO Will on 18:52 - Nov 20 by QJumpingJack |
The Premier League meeting was last Thursday.
It was reported in the Guardian.
All owners were at the meeting to discuss the 2019-22 UK TV deal which will include Saturday 7.45pm games |
I hate the thought of Saturday 7.45pm games. I hope they’re a massive flop. |  |
| |
| FAO Will on 19:12 - Nov 20 with 1929 views | Bobby_Fischer |
| FAO Will on 19:09 - Nov 20 by exiledclaseboy |
So any news on the Trust board legitimacy situation? Have they found a way out of it yet? |
My guess is they'll come out with that they forgot they were actually going by the new rules all along and the 12 year thing doesn't count. |  |
| |
| FAO Will on 19:15 - Nov 20 with 1907 views | exiledclaseboy |
| FAO Will on 19:12 - Nov 20 by Bobby_Fischer |
My guess is they'll come out with that they forgot they were actually going by the new rules all along and the 12 year thing doesn't count. |
That’s kind of what I’m expecting too. “Oops, sorry, those new rules we thought we hadn’t adopted were adopted after all so everyone just carry on as if nothing has happened.” | |
| |
| FAO Will on 19:16 - Nov 20 with 1904 views | londonlisa2001 |
| FAO Will on 19:12 - Nov 20 by Bobby_Fischer |
My guess is they'll come out with that they forgot they were actually going by the new rules all along and the 12 year thing doesn't count. |
They can't do that.
Just because a vote has been taken at an AGM which signals the intention to adopt new rules, you can't unless you've actually adopted them.
It's the same as an AGM voting for new Articles. Unless they're properly filed, they don't exist.
Edited to add - the stance of Supporters Direct in telling them to adopt the new, new ones next AGM, adds weight to that. The interim new ones were not adopted, whatever the intention. [Post edited 20 Nov 2017 19:18]
|  | | |
| FAO Will on 19:25 - Nov 20 with 1872 views | Shaky |
| FAO Will on 19:16 - Nov 20 by londonlisa2001 |
They can't do that.
Just because a vote has been taken at an AGM which signals the intention to adopt new rules, you can't unless you've actually adopted them.
It's the same as an AGM voting for new Articles. Unless they're properly filed, they don't exist.
Edited to add - the stance of Supporters Direct in telling them to adopt the new, new ones next AGM, adds weight to that. The interim new ones were not adopted, whatever the intention. [Post edited 20 Nov 2017 19:18]
|
The intention to adopt the new rules was clearly signaled by the AGM vote to adopt them! |  |
| |
| FAO Will on 19:27 - Nov 20 with 1857 views | Shaky |
. . .and unless you have any info that Uxbridge failed to disclose, your speculation that the new articles were not filed is just that. | |
| |
| FAO Will on 19:28 - Nov 20 with 1855 views | monmouth |
| FAO Will on 19:10 - Nov 20 by exiledclaseboy |
I hate the thought of Saturday 7.45pm games. I hope they’re a massive flop. |
At least we wont have any.
But yeah, another nail in proper footballs coffin.
Sorry, didn’t mean to sidetrack the important point.
So, this 12 years then....
Has he gone yet? [Post edited 20 Nov 2017 19:29]
|  |
| |
| FAO Will on 19:37 - Nov 20 with 1823 views | Shaky |
| FAO Will on 19:16 - Nov 20 by londonlisa2001 |
They can't do that.
Just because a vote has been taken at an AGM which signals the intention to adopt new rules, you can't unless you've actually adopted them.
It's the same as an AGM voting for new Articles. Unless they're properly filed, they don't exist.
Edited to add - the stance of Supporters Direct in telling them to adopt the new, new ones next AGM, adds weight to that. The interim new ones were not adopted, whatever the intention. [Post edited 20 Nov 2017 19:18]
|
And on your edit, your position implies that any Suporters Trust formed throughout the land on the basis of the Model rules that removed the term limit were invalid.
In other words those Trusts do not exist in law becasue they have no organising statutes!
Can't be right, can it? | |
| |
Login to get fewer ads
| FAO Will on 19:39 - Nov 20 with 1810 views | londonlisa2001 |
| FAO Will on 19:25 - Nov 20 by Shaky |
The intention to adopt the new rules was clearly signaled by the AGM vote to adopt them! |
I know. I said that. But it remains an intention unless they are. Same as not filing new Articles with companies house. They don't exist. | | | |
| FAO Will on 19:43 - Nov 20 with 1789 views | Nookiejack |
In Phil’s address he comments that a full governance review has been undertaken about length of service of Trust member.
Interesting why they would then want get rid of the 11 year rule if that was the case. | | | |
| FAO Will on 19:44 - Nov 20 with 1786 views | Shaky |
You linked the wrong Minutes, Nookie. Should have been:
https://www.swanstrust.co.uk/wp-content/uploads/2014/07/AGM-Minutes-November-201
"Model Rules:
The Trust had been operating under the original Model Rules 2001, David Little proposed that we adopt the current version of Model Rules 2014 as presented by Supporters Direct. Swansea City Supporters Society Limited
is now a Registered Society under the Co-operative and Community Societies Act 2014, a change from the Industrial & Provident Societies Act 1965. The adoption was agreed by Members present, the registering of the Model rules 2014 become compliant when we register them with the Financial Conduct Authority." | |
| |
| FAO Will on 19:44 - Nov 20 with 1782 views | Nookiejack |
| FAO Will on 19:43 - Nov 20 by Nookiejack |
In Phil’s address he comments that a full governance review has been undertaken about length of service of Trust member.
Interesting why they would then want get rid of the 11 year rule if that was the case. |
Edit : Full governance review of length of service of Trust Board member | | | |
| FAO Will on 19:45 - Nov 20 with 1774 views | londonlisa2001 |
| FAO Will on 19:27 - Nov 20 by Shaky |
. . .and unless you have any info that Uxbridge failed to disclose, your speculation that the new articles were not filed is just that. |
He said that the filing of them was rejected?
Two options - file again with whatever caused the rejection to happen omitted or amended OR
don't file again in which case original rules remain in place.
1st of those means everything else is changed. 2nd means nothing is changed.
He indicated the second option was taken, hence the advice to try again with new ones next year? | | | |
| FAO Will on 19:46 - Nov 20 with 1770 views | Nookiejack |
| FAO Will on 19:44 - Nov 20 by Shaky |
You linked the wrong Minutes, Nookie. Should have been:
https://www.swanstrust.co.uk/wp-content/uploads/2014/07/AGM-Minutes-November-201
"Model Rules:
The Trust had been operating under the original Model Rules 2001, David Little proposed that we adopt the current version of Model Rules 2014 as presented by Supporters Direct. Swansea City Supporters Society Limited
is now a Registered Society under the Co-operative and Community Societies Act 2014, a change from the Industrial & Provident Societies Act 1965. The adoption was agreed by Members present, the registering of the Model rules 2014 become compliant when we register them with the Financial Conduct Authority." |
Shaky, for someone who has only a passing interest in this you must spend hours trawling through all these links | | | |
| FAO Will on 19:47 - Nov 20 with 1763 views | londonlisa2001 |
| FAO Will on 19:44 - Nov 20 by Shaky |
You linked the wrong Minutes, Nookie. Should have been:
https://www.swanstrust.co.uk/wp-content/uploads/2014/07/AGM-Minutes-November-201
"Model Rules:
The Trust had been operating under the original Model Rules 2001, David Little proposed that we adopt the current version of Model Rules 2014 as presented by Supporters Direct. Swansea City Supporters Society Limited
is now a Registered Society under the Co-operative and Community Societies Act 2014, a change from the Industrial & Provident Societies Act 1965. The adoption was agreed by Members present, the registering of the Model rules 2014 become compliant when we register them with the Financial Conduct Authority." |
And the last part didn't happen according to Uxbridge which was my point. They weren't registered. | | | |
| FAO Will on 19:53 - Nov 20 with 1735 views | Shaky |
| FAO Will on 19:47 - Nov 20 by londonlisa2001 |
And the last part didn't happen according to Uxbridge which was my point. They weren't registered. |
I don't know where you got that from, Lisa.
As far as I am aware this is the only comment he has made:
"The reason the 2014 rules couldn't be formally adopted after being passed at the AGM is due to issues between Supporters Direct and the FCA, leading to the advice of SD being that we should move to 2016 rules at next available AGM. As I got this from our legal affiliate, I would suggest he concurs. " | |
| |
| FAO Will on 19:54 - Nov 20 with 1731 views | Shaky |
| FAO Will on 19:46 - Nov 20 by Nookiejack |
Shaky, for someone who has only a passing interest in this you must spend hours trawling through all these links |
Nope, I'm just good are reading headings. | |
| |
| FAO Will on 19:57 - Nov 20 with 1717 views | londonlisa2001 |
| FAO Will on 19:53 - Nov 20 by Shaky |
I don't know where you got that from, Lisa.
As far as I am aware this is the only comment he has made:
"The reason the 2014 rules couldn't be formally adopted after being passed at the AGM is due to issues between Supporters Direct and the FCA, leading to the advice of SD being that we should move to 2016 rules at next available AGM. As I got this from our legal affiliate, I would suggest he concurs. " |
You and I are reading 'the rules couldn't be formally adopted' differently then.
I read that as them not being formally adopted. | | | |
| FAO Will on 19:57 - Nov 20 with 1712 views | Nookiejack |
| FAO Will on 19:54 - Nov 20 by Shaky |
Nope, I'm just good are reading headings. |
At least you flushed the issue out and so depends if Uxbridge is correct. | | | |
| FAO Will on 19:59 - Nov 20 with 1703 views | Shaky |
| FAO Will on 19:57 - Nov 20 by londonlisa2001 |
You and I are reading 'the rules couldn't be formally adopted' differently then.
I read that as them not being formally adopted. |
You are making things up again, like you just did when you asserted the Articles hadn;t been filed. | |
| |
| FAO Will on 20:00 - Nov 20 with 1698 views | exiledclaseboy |
| FAO Will on 19:53 - Nov 20 by Shaky |
I don't know where you got that from, Lisa.
As far as I am aware this is the only comment he has made:
"The reason the 2014 rules couldn't be formally adopted after being passed at the AGM is due to issues between Supporters Direct and the FCA, leading to the advice of SD being that we should move to 2016 rules at next available AGM. As I got this from our legal affiliate, I would suggest he concurs. " |
So if the updated rules weren’t “formally adopted” as per Uxy’s post they don’t apply and the Trust is still currently governed by the original 2001 model rules, yes? | |
| |
| FAO Will on 20:05 - Nov 20 with 1669 views | londonlisa2001 |
| FAO Will on 19:59 - Nov 20 by Shaky |
You are making things up again, like you just did when you asserted the Articles hadn;t been filed. |
What articles?
I have no idea what you are talking about.
Uxbridge says the rules went formally adopted, which is what I was saying. If they're not adopted, they're not adopted and they don't apply. | | | |
| FAO Will on 20:07 - Nov 20 with 1657 views | Shaky |
| FAO Will on 20:00 - Nov 20 by exiledclaseboy |
So if the updated rules weren’t “formally adopted” as per Uxy’s post they don’t apply and the Trust is still currently governed by the original 2001 model rules, yes? |
I am +90% confident if this came before a court of law they would hold that the new rules apply in majority.
There is a legal doctrine called severability that applies in all sorts of areas of the law including contract. This for example ensures that if a court strikes down a piece of legislation the whole Act isn't thrown out of the window, just the bit they object to.
Most of the articles are inoffensive standard things that I doubt very much the FCA would object to. Those objections would have been specific. The way I read uxbridge's comments there was an objection to specific points but i would have thought the rest remains valid thanks to severability. | |
| |
| FAO Will on 20:11 - Nov 20 with 1623 views | londonlisa2001 |
| FAO Will on 20:07 - Nov 20 by Shaky |
I am +90% confident if this came before a court of law they would hold that the new rules apply in majority.
There is a legal doctrine called severability that applies in all sorts of areas of the law including contract. This for example ensures that if a court strikes down a piece of legislation the whole Act isn't thrown out of the window, just the bit they object to.
Most of the articles are inoffensive standard things that I doubt very much the FCA would object to. Those objections would have been specific. The way I read uxbridge's comments there was an objection to specific points but i would have thought the rest remains valid thanks to severability. |
That's a huge leap.
And one that isn't consistent with Uxbridge's statement that the Trust should adopt the 2016 rules instead. | | | |
| |
By continuing to use the site, you agree to our use of cookies and to abide by our Terms and Conditions.
