Question about a fan takeover
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- Bruce Rioja
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Re: Question about a fan takeover
Managed to dig out this:
Article 13 of FIFA’s Regulations on the Status and Transfer of Players (“the RSTP”) provides that a contract between a player and a club can only be terminated on expiry of the term of the contract or by mutual agreement.However, Article 14 of the RSTP allows for a contract to be terminated without any consequences “where there is just cause.”
Non-payment of wages can constitute just cause for termination of the contract given that a club’s obligation to pay a player’s wages is its main obligation as an employer and if this obligation is breached, it can cause the employee’s confidence in the employer to perform the terms of the contract to be lost6. It is common for the parties to agree when the player is entitled to terminate his contract by stipulating this in the contract. For instance, in the standard Premier League contract7, the player is entitled to terminate his contract if the club has failed to pay any remuneration due to the player within fourteen days from the date on which the player has provided notice to terminate the contract. In the absence of such a clause, jurisprudence from the Court of Arbitration for Sport (“the CAS”), see below, confirms that a player must satisfy two conditions in order to prove that he had just cause to terminate the contract as a result of unpaid wages.
First, the outstanding payments must not be trivial or insubstantial thus they must have been in arrears for a considerable amount of time and/or add up to a considerable amount8. The RSTP commentary provides an example to illustrate when non-payment of wages is serious enough to constitute just cause to terminate the contract by referring to a situation where a player has not been paid his salary for more than three months.
Interesting stuff.
Article 13 of FIFA’s Regulations on the Status and Transfer of Players (“the RSTP”) provides that a contract between a player and a club can only be terminated on expiry of the term of the contract or by mutual agreement.However, Article 14 of the RSTP allows for a contract to be terminated without any consequences “where there is just cause.”
Non-payment of wages can constitute just cause for termination of the contract given that a club’s obligation to pay a player’s wages is its main obligation as an employer and if this obligation is breached, it can cause the employee’s confidence in the employer to perform the terms of the contract to be lost6. It is common for the parties to agree when the player is entitled to terminate his contract by stipulating this in the contract. For instance, in the standard Premier League contract7, the player is entitled to terminate his contract if the club has failed to pay any remuneration due to the player within fourteen days from the date on which the player has provided notice to terminate the contract. In the absence of such a clause, jurisprudence from the Court of Arbitration for Sport (“the CAS”), see below, confirms that a player must satisfy two conditions in order to prove that he had just cause to terminate the contract as a result of unpaid wages.
First, the outstanding payments must not be trivial or insubstantial thus they must have been in arrears for a considerable amount of time and/or add up to a considerable amount8. The RSTP commentary provides an example to illustrate when non-payment of wages is serious enough to constitute just cause to terminate the contract by referring to a situation where a player has not been paid his salary for more than three months.
Interesting stuff.
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Re: Question about a fan takeover
LeverEnd wrote:
They've been paid and delivered feck all for ages. Anyone who refuses is a first class c*nt.

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Re: Question about a fan takeover
Nonetheless ... the list consists of ;LeverEnd wrote:Let's make a list of who we want to do that in order of preference. And Bobo, don't forget Trotter IS being paid by the charitable Mr D freedman.Hoboh wrote:Not 100% on this I think it's if a club goes into admin I know something like this went down at Rangers, might be different in the English league, sorry.Bruce Rioja wrote:Isn't there some law/rule that allows a player to terminate their contract if they haven't been paid for x amount of time? Didn't that happen somewhere or have I dreamed it up?
1. Trotter LA
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Nope. That's the lot.
Not advocating mass-murder as an entirely positive experience, of course, but it had its moments.
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- Worthy4England
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Re: Question about a fan takeover
I suspect that this has taken much longer than anyone anticipated. You can imagine the scenario.
BWFC: "Hi, I'm Phil, please could you tie us over with a £15m lending facility, we're really very good at running this sort of operation, if you ignore the £185m we owe to our current owner"
Bank: "Feck off, we've had a brilliant failsafe plan from JSW - he knows how to make a tidy profit from a football club"
What seems to be fairly clear, is that despite ED offering to wipe the debt and some sort of agreement stuck with Nucleus Finance as recently as July this year, that we're still failing to cap our expenditure at anything affordable.
BWFC: "Hi, I'm Phil, please could you tie us over with a £15m lending facility, we're really very good at running this sort of operation, if you ignore the £185m we owe to our current owner"
Bank: "Feck off, we've had a brilliant failsafe plan from JSW - he knows how to make a tidy profit from a football club"
What seems to be fairly clear, is that despite ED offering to wipe the debt and some sort of agreement stuck with Nucleus Finance as recently as July this year, that we're still failing to cap our expenditure at anything affordable.
Re: Question about a fan takeover
presumably we should now be hoping for a sooner-rather-than-later option on some kind of takeover?
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Re: Question about a fan takeover
And if not, the Big Society will be there to help out.boltonboris wrote: Obviously I expect them to get the back-pay and for it to be sorted ASAP as I imagine they have a lifestyle that is justified by what they earn
http://www.theboltonnews.co.uk/news/141 ... Christmas/" onclick="window.open(this.href);return false;
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Re: Question about a fan takeover
Yes. But given we need what sounds like serious money just to cover operating costs we look less and less attractive by the day....thebish wrote:presumably we should now be hoping for a sooner-rather-than-later option on some kind of takeover?
Re: Question about a fan takeover
I hope we've got a priority list of who gets paid in what order! Zach, Max, Mark Josh, David here are cheques for you. Gary, Darren, I'm checking, I keep checking, but no, nothing. I promise I'll be right onto it."
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Re: Question about a fan takeover
Tower FM have just lost the link to the Macron. I'm worried that Norweb have cut us off for not paying the bill now.
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Re: Question about a fan takeover
that may be a blessing in disguise...CrazyHorse wrote:Tower FM have just lost the link to the Macron. I'm worried that Norweb have cut us off for not paying the bill now.
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Re: Question about a fan takeover
Shola Ameobi's on a pay-per-play deal, so that'll be going quite well for him. 

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- Gary the Enfield
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Re: Question about a fan takeover
In the paper today it says 3 consortia are in talks with Bolton, including Deano's and Stelios. Anyone care to venture an opinion on the third?
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Re: Question about a fan takeover
Jason Lydiate!Gary the Enfield wrote:In the paper today it says 3 consortia are in talks with Bolton, including Deano's and Stelios. Anyone care to venture an opinion on the third?

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Re: Question about a fan takeover
George Oghani & some mates.Bruce Rioja wrote:Jason Lydiate!Gary the Enfield wrote:In the paper today it says 3 consortia are in talks with Bolton, including Deano's and Stelios. Anyone care to venture an opinion on the third?
Not advocating mass-murder as an entirely positive experience, of course, but it had its moments.
"I understand you are a very good footballer" ... "I try".
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Re: Question about a fan takeover
4 according to some reports.Gary the Enfield wrote:In the paper today it says 3 consortia are in talks with Bolton, including Deano's and Stelios. Anyone care to venture an opinion on the third?
Re: Question about a fan takeover
aye - but why doesn't Nixon just tell us how many there are and who they are?
Re: Question about a fan takeover
I've put a bid in.
Re: Question about a fan takeover
My bid went in a sealed envelope that cost more than it's content!
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Re: Question about a fan takeover
probably a stupid question but could they not all chuck in?
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Re: Question about a fan takeover
This is no time for Bukkaki, General!General Mannerheim wrote:probably a stupid question but could they not all chuck in?

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