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Clarification On What Is Fit and Proper test

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  • Clarification On What Is Fit and Proper test

    The Observer Newspaper

    Q: Who must pass the "fit and proper person test"?

    A: Under rules established by the Premier League, Football League and by the Football Association for the Conference, anybody who takes over as a director of a football club, or the owner of more than 30% of a club's shares, must pass the test.

    Q: What is the point of the test?

    A: It was introduced by the authorities in 2004 following concern that anybody, even those convicted of fraud, could take over football clubs, and it is intended to protect the clubs from people not "fit" or "proper" to run them.

    Q: What restrictions do the tests impose?

    A: There are several grounds on which you could fail it, but the most important are that anybody with an unspent criminal conviction involving dishonesty, or who has run a football club into administration twice, cannot take over at a club.

    Q: Has anybody ever failed a test?

    do not know if anybody has been barred from taking a club over, but the only serving director who failed was Dennis Coleman, who was a director of Rotherham United when they had financial problems and went into administration twice.

    Q: Do the tests offer strong protection for clubs?

    A: The authorities believe the test shows their determination not to leave clubs vulnerable to wrongdoing, and is an improvement on the position before 2004, when the leagues used to claim they could not introduce such a test. But many people believe it has too little practical effect because it does not examine the plans people have for the clubs, or whether they have genuine money behind them.

    Q: Are the Premier and Football League tests the same?

    A: The Premier League has significantly strengthened its rules this summer following pressure from the government, while the Football League has not.

    Q: What are the important areas in which the Premier League's rules are stronger?
    A: The Premier League now asks its members to make public the names of anyone who owns 10% of a club. The Football League asks the clubs who the owners are, but does not make the information public, claiming it cannot, under the Data Protection Act. So fans of Football League clubs can still be in the dark about who owns their club. Also, the Premier League now checks where the money is coming from to fund a club and must pass it as legitimate. Finally, the Premier League now applies the test before a takeover, whereas the Football League still only examines the new directors and shareholders after a takeover has gone through.


    Q: Does the Football League have any plans to strengthen its test?


    A: Yes, the league's chairman, Lord Mawhinney, has told the government that the league is open to making improvements to its test, in agreement with the other football bodies. He has also asked the government for help in getting behind offshore funds which do not name the owners. However, some argue that the league does not need the government's help, and should enforce its own test simply by demanding that all 30% owners reveal who they are. If they do not, the league could refuse to allow them to take clubs over.
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  • #2
    Originally posted by qblockpete View Post
    The Observer Newspaper

    Q: What is the point of the test?

    A: It was introduced by the authorities in 2004 following concern that anybody, even those convicted of fraud, could take over football clubs, and it is intended to protect the clubs from people not "fit" or "proper" to run them.

    Q: What restrictions do the tests impose?

    A: There are several grounds on which you could fail it, but the most important are that anybody with an unspent criminal conviction involving dishonesty, or who has run a football club into administration twice, cannot take over at a club.
    So what about the four and a half year prison sentence for tax fraud he was given in the early 80s in Italy which he managed to escape by fleeing to the US? Wouldnt that alone fail the fit and proper test, according to the above guidelines?
    Last edited by Stanley; 08-10-2009, 01:28 AM.

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    • #3
      Originally posted by Stanley76 View Post
      So what about the four and a half year prison sentence for tax fraud he was given in the early 80s in Italy which he managed to escape by fleeing to the US? Wouldnt that alone would fail the fit and proper test, according to the above guidelines?
      stanley if that was an issue surely the fl wouldnt have passed him "fit and proper" in the first place would they

      no need to dig up dirt from the past

      it seems his a gonna no matter what happens

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      • #4
        Some of you are very unapprecitive of what the guy actually did for us
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        • #5
          So if the yorkshire ripper took over QPR - as long as he saved the club, we wouldn't worry about his past ?

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          • #6
            slightly extreme example spencer - to the best of my knowledge he hasn't gone around murdering innocent women, tho its probably only a matter of time before some supporter accuses him of such.

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            • #7
              lol sorry - was extreme - but it seems football fans are very fickle.Flavio has had a very shady past, but when he took over, was welcomed with open arms.

              But because he has done things to upset fans(rightly or wrongly)- fans want him out.Had he done this just before taken over the club, would the fans have been against him so much??

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              • #8
                If this had been say 2 months after the takeover with the europhria that surrounded the club at the time, many would have different views.

                Its because we are underacheiving they see it has an argument for to support him leaving..
                Pretty simple really.
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                • #9
                  Agree with that last point

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                  • #10
                    Pete - thats what i said in thread above...lol

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