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.
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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