Mulraney - Fat & Proper Persons Test?

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If it transpired that a SPFL / SFA board member was an active director of a company currently in liquidation would that mean that they would be obliged to resign their position?

SC443921 - compulsary liquidation - 23/05/2017

Cheers in advance
 
If it transpired that a SPFL / SFA board member was an active director of a company currently in liquidation would that mean that they would be obliged to resign their position?

SC443921 - compulsary liquidation - 23/05/2017

Cheers in advance
Short answer -No. Companies can be liquidated for all sorts of reasons not just where debt is concerned.

I should add that even if the company was liqudated because of debt it wouldn't necesarily mean that a director of that company would not be considered a fit and proper person.
 
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Short answer -No. Companies can be liquidated for all sorts of reasons not just where debt is concerned.

I should add that even if the company was liqudated because of debt it wouldn't necesarily mean that a director of that company would not be considered a fit and proper person.

Murdoch Smith were in a big financial hole, however rumours at the time that it was inside stitch up.
 
Mulraney buys (or takes over if they can't pay their debts to him) distressed companies and tries to turn them round or simply picks on the carcass of assets the company may have left.

Much like another fat corporate vulture we know of, just on a smaller scale.

I thought being a director of a company that experienced an I solvency event was a no-no, surely the governing bodies need to review his eligibility to hold office?
 
He's definitely used smoke and mirrors to get where he is. Almost from nothing to one of the biggest commercial property landlords in about a decade.
 
If it transpired that a SPFL / SFA board member was an active director of a company currently in liquidation would that mean that they would be obliged to resign their position?

SC443921 - compulsary liquidation - 23/05/2017

Cheers in advance
Like it.
 
I thought being a director of a company that experienced an I solvency event was a no-no, surely the governing bodies need to review his eligibility to hold office?

10.2 The Official Return shall include details of all officials, office-bearers, secretary, directors
or members of the board of management or committee of such member, Team Staff,
with their full designation, profession, business or occupation and full service address,
and also, subject to the provisions of Article 13, full details of the interest of such member
or any official, office-bearer, secretary, director or member of the board of management
or committee of such member and of its or his associates as defined in Article 13.5 in
any other member. The Board must be satisfied that any such person is fit and proper to
hold such position within Association Football. The Board hereby reserves its discretion
as to whether or not such a person is fit and proper, as aforesaid, after due consideration
of all relevant facts which the Board has in its possession and knowledge, including the
undernoted list which is acknowledged to be illustrative and not exhaustive:-

(a) he is bankrupt or has made any arrangement or composition with his creditors
generally;

(b) he is, by reason of his mental health, the subject of a court order which wholly
or partly prevents him from personally exercising any powers or rights which he
would otherwise have;

(c) he is under or is pending suspension imposed or confirmed by the Scottish FA;

(d) he is listed in the Official Return of another club in full membership or associate
membership;

(e) he is currently participating as a player of another member club or referee in
Association Football;

(f) he is the subject of an endorsed Disclosure from Disclosure Scotland;

(g) he has been disqualified as a director pursuant to a disqualification order granted
under the Company Directors’ Disqualification Act 1986 within the previous five
years or was serving a disqualification as a director pursuant to such Act at any
time within the previous five years;

(h) he has been convicted within the last 10 years of (i) an offence liable to
imprisonment of two years or over, (ii) corruption or (iii) fraud;

(i) he has been suspended or expelled by a National Association from
involvement in the administration of a club;

(j) he has been a director of a club in membership of any National Association
within the 5-year period preceding such club having undergone an
insolvency event;

(k) he is currently under or is pending suspension imposed by or confirmed by
the Scottish FA in accordance with the Anti-Doping Charter.


Also, even if he met any of the criteria the SFA can still decide he is fit and proper.
 
10.2 The Official Return shall include details of all officials, office-bearers, secretary, directors
or members of the board of management or committee of such member, Team Staff,
with their full designation, profession, business or occupation and full service address,
and also, subject to the provisions of Article 13, full details of the interest of such member
or any official, office-bearer, secretary, director or member of the board of management
or committee of such member and of its or his associates as defined in Article 13.5 in
any other member. The Board must be satisfied that any such person is fit and proper to
hold such position within Association Football. The Board hereby reserves its discretion
as to whether or not such a person is fit and proper, as aforesaid, after due consideration
of all relevant facts which the Board has in its possession and knowledge, including the
undernoted list which is acknowledged to be illustrative and not exhaustive:-

(a) he is bankrupt or has made any arrangement or composition with his creditors
generally;

(b) he is, by reason of his mental health, the subject of a court order which wholly
or partly prevents him from personally exercising any powers or rights which he
would otherwise have;

(c) he is under or is pending suspension imposed or confirmed by the Scottish FA;

(d) he is listed in the Official Return of another club in full membership or associate
membership;

(e) he is currently participating as a player of another member club or referee in
Association Football;

(f) he is the subject of an endorsed Disclosure from Disclosure Scotland;

(g) he has been disqualified as a director pursuant to a disqualification order granted
under the Company Directors’ Disqualification Act 1986 within the previous five
years or was serving a disqualification as a director pursuant to such Act at any
time within the previous five years;

(h) he has been convicted within the last 10 years of (i) an offence liable to
imprisonment of two years or over, (ii) corruption or (iii) fraud;

(i) he has been suspended or expelled by a National Association from
involvement in the administration of a club;

(j) he has been a director of a club in membership of any National Association
within the 5-year period preceding such club having undergone an
insolvency event;

(k) he is currently under or is pending suspension imposed by or confirmed by
the Scottish FA in accordance with the Anti-Doping Charter.


Also, even if he met any of the criteria the SFA can still decide he is fit and proper.

It's his role within The SPFL executive that is causing problems for Rangers.

Does anybody know if a director of company in liquidation is allowed to sit on the SPFL board?
 
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