fred keenor wrote:as no party has more than 50% would it take two parties to make the decision?
did not pmg threaten sam with this course of action?
perhaps since 62 could explain who could put the club into admin.
would the club be there for the malaysians to come back to after admin.
Sorry , missed this one yesterday so haven`t replied earlier.
The directors , the shareholders or creditors can apply to put the club into Administration. An application has to be supported by a licenced insolvency practitioner to confirm that , in his opinion , it would give the best return for creditors.There are specific objectives set out in law which he has to say can be achieved.
A 75% approval by shareholders would be required for them to apply.
5 days notice of an application would normally need to be given to what are known as "qualifying floating charge holders" - those that have a charge over the trading assets of the company and any of those can object to the court granting an appointment or to the choice of Administrator.There are a few of these in CCFC`s case and that is likely to cause some conflict of interest between them.
An Administration Order can not be granted whilst there is a winding-up petition is in place so the club could not apply unless and until the HMRC has been formally withdrawn as they also have the right to object.
I can`t see any advantage to any of the parties involved to have an Administration unless it is as an alternative to the even worse scenario of a liquidation (which would have happened if the previous HMRC or the Shire Foods petitions not been withdrawn).