Sat May 01, 2010 10:52 pm
Sat May 01, 2010 10:59 pm
NJ73 wrote:Seems a bit strange to me.
You'd think they'd want everything sorted sooner rather than later?
Also, if the funds are not going to be made available until the EGM, what happens in court next Weds? Is the club going to go there and say "look, we've got the investment we promised but it's a couple of weeks away"?
Sat May 01, 2010 11:26 pm
since62 wrote:NJ73 wrote:Seems a bit strange to me.
You'd think they'd want everything sorted sooner rather than later?
Also, if the funds are not going to be made available until the EGM, what happens in court next Weds? Is the club going to go there and say "look, we've got the investment we promised but it's a couple of weeks away"?
Because it has to be. You have to give a legal notice period for such a meeting.
The money has been pledged by the new investors subject only to shareholder approval of the proposals to be put to the EGM and they already have over 82% (which is more than enough) legally pledged to vote in favour. This position has undoubtedly been made known to HMRC who will therefore be able to wait just a few weeks at most to get their money and can withdraw their petition to be heard in court next week.
Sat May 01, 2010 11:37 pm
NJ73 wrote:since62 wrote:NJ73 wrote:Seems a bit strange to me.
You'd think they'd want everything sorted sooner rather than later?
Also, if the funds are not going to be made available until the EGM, what happens in court next Weds? Is the club going to go there and say "look, we've got the investment we promised but it's a couple of weeks away"?
Because it has to be. You have to give a legal notice period for such a meeting.
The money has been pledged by the new investors subject only to shareholder approval of the proposals to be put to the EGM and they already have over 82% (which is more than enough) legally pledged to vote in favour. This position has undoubtedly been made known to HMRC who will therefore be able to wait just a few weeks at most to get their money and can withdraw their petition to be heard in court next week.
The legal notice has to be 14 days though not 28, which is my point.
NOT ACCORDING TO THE CLUB` S OWN INTERNAL RULES AND REGULATIONS. Besides , 14 days would also take it well beyond the court hearing .
HMRC are being promised jam tomorrow again. They could easily argue in court that the club has been given 2 months to sort this out and are blatantly using delaying tactics in the hope of promotion.
NOT IF THEY ARE IN POSSESSION OF EVIDENCE THAT THE FUNDS ARE SAT IN A BANK ACCOUNT TO BE PAID OVER AS SOON AS SHAREHOLDER APPROVAL IS RECEIVED
Given the HMRC lawyers attitude and judges comments from the last court hearing is it really wise to go into court on this premise?
Question: If HMRC/the judge allow the delay in payment but the club lose in the play offs, can the Malaysians withdraw their offer prior the the EGM?
Sat May 01, 2010 11:45 pm
Sun May 02, 2010 8:49 pm
NJ73 wrote:Thanks Keith.
Wasn't the last EGM called at 14 days notice? I'm not saying it HAS to be 14 days notice but I'm saying if the club wanted it to be 14 days notice, it could be. Also I appreciate that takes it beyond the court date but that would be prior to the completion of the play offs.
Also......"It would appear they are legally bound" is not exactly water tight I'm sure you'll agree.
Out of interest if they refused to see through the investment if the club lost in the play offs, and seeing as they are foreign based, how could it possibly be enforced that they had to stump up the cash?
I don't mean for my questions to sound negative, It's not meant that way but I'm just after clarification of the reality rather than the headlines as I'm sure that's what HMRC lawyers will be doing.
Sun May 02, 2010 9:34 pm
Sun May 02, 2010 11:14 pm
Mon May 03, 2010 6:36 am
NJ73 wrote:NJ73 wrote:Thanks Keith.
Wasn't the last EGM called at 14 days notice? I'm not saying it HAS to be 14 days notice but I'm saying if the club wanted it to be 14 days notice, it could be. Also I appreciate that takes it beyond the court date but that would be prior to the completion of the play offs.
Also......"It would appear they are legally bound" is not exactly water tight I'm sure you'll agree.
Out of interest if they refused to see through the investment if the club lost in the play offs, and seeing as they are foreign based, how could it possibly be enforced that they had to stump up the cash?
I don't mean for my questions to sound negative, It's not meant that way but I'm just after clarification of the reality rather than the headlines as I'm sure that's what HMRC lawyers will be doing.
Anyone?