An Honest Game? Convince Us.

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On contacting the media there is a short list on …

Comment on An Honest Game? Convince Us. by Auldheid.

On contacting the media there is a short list on the Contacts page for External media contacts.

Maybe the list can be extended?

Auldheid Also Commented

An Honest Game? Convince Us.
Canalamar 5.26

Art 45 applies to a licence applicant for a UEFA licence. In 2012 neither Oldco nor Newco was a UEFA licence applicant so Art 45 provisions do not apply.

As a club entering the SFL only domestic licensing applied aka National Club Licensing. There would have to be an Art 45 equivalent with similar restrictions on transfer of membership which I doubt exist.

However even if there were, the SFA could still override using Art 14 of their own Handbook or use the discretionary loopholes in National Club Licensing to answer your point.

My tangential point about what UEFA Article applied in 2011 in terms if club or company is not affected by what happened in 2012.


An Honest Game? Convince Us.
Canalamar

On Art 45. Me auld brain cells are still jogging along. There are two Articles and two undertakings to be given. Put simply if the undertaking/declaration signed in 2011 was the Art 43 version then Rangers saw themselves as a single entity club. The SFA, if they offered any guidance or did not reject the completion of an Article 43 declaration form saw them as such too. I think SFA were asked to confirm but either no answer was given or it did not answer the question.

The rules are

IV. LEGAL CRITERIA

Article 43 –
Declaration in respect of participation in UEFA club competitions
1 The licence applicant must submit a legally valid declaration confirming the
following:
a) It recognises as legally binding the statutes, regulations, directives and
decisions of FIFA, UEFA, the UEFA member association and, if any, the
national league as well as the jurisdiction of the Court of Arbitration for Sport
(CAS) in Lausanne as provided in the relevant articles of the
UEFA Statutes;
b) At national level it will play in competitions recognised and endorsed by the
UEFA member association (e.g. national championship, national cup);
c) At international level it will participate in competitions recognised by UEFA or
FIFA (to avoid any doubt, this provision does not relate to friendly matches);
d) It will promptly inform the licensor about any significant change, event or
condition of major economic importance;
e) It will abide by and observe the club licensing regulations of the UEFA
member association;
f) It will abide by and observe the UEFA Club Licensing and Financial Fair Play
Regulations
;
g) All submitted documents are complete and correct;

h) It authorises the competent national club licensing administration and
national club licensing bodies, the UEFA administration, the Club Financial
Control Panel and the UEFA Organs for the Administration of Justice to
examine any relevant document and seek information from any relevant
public authority or private body in accordance with national law;

i) It acknowledges that UEFA reserves the right to execute compliance audits
at national level in accordance with Article 71.

2
The declaration must be executed by an authorised signatory of the licence
applicant no more than three months prior to the deadline for its submission to
the licensor.

The following is an Art 43 declaration form from the SFA web site for 2013 . It is not known if there was one for 2011 and 2012 but as the declaration only repeats Article 43 chances are one existed and it was similar

CLUB DECLARATION – UEFA LICENSING
UEFA ARTICLE 43

http://www.scottishfa.co.uk/resources/documents/ClubLicensing/Part4:AnnexUEFA/UEFA%20Part%204%20-%206%20Annex%20UEFA%20Legal%20Sign-off.pdf

Name of Club (“Club”)

For and on behalf of the Club, I hereby certify that:-
a) The Club recognises as legally binding the statutes, regulations, directives and decisions of FIFA, UEFA, the Scottish FA as well as the jurisdiction of the Court of Arbitration for Sport (CAS) in Lausanne as provided in the relevant articles of the UEFA Statutes;
b) The Club will play at national level in competitions recognised and endorsed by the Scottish FA. NB. This provision does not relate to friendly matches;
c) The Club will play at international level in competitions recognised by UEFA or FIFA. NB. This provision does not relate to friendly matches;
d) The Club will promptly inform the Scottish FA about any significant change, event or condition of major economic importance;
e) The Club will abide by and observe the Scottish FA Club Licensing Manual;
f) The Club will abide by and observe the UEFA Club Licensing and Financial Fair Play Regulations;
g) The Club confirms that all submitted documents are complete and correct;
h) The Club authorises the Licensing Administration, the Licensing Committee and the Appellate Tribunal of the Scottish FA, as well as UEFA to examine any relevant document and seek information from any relevant public authority or private body in accordance with UK law;
i) The Club acknowledges that UEFA reserves the right to execute compliance audits at national level in accordance with Article 71 of the UEFA Club Licensing and Financial Fair Play Regulations
On
At
By
(Authorised Signatory of the Club)

Article 45 – Written contract with a football company
1 If the licence applicant is a football company as defined in Article 12(1b),
(Article 12 – Definition of licence applicant
1 A licence applicant may only be a football club, i.e. a legal entity fully responsible
for a football team participating in national and international competitions which
either
a) is a registered member of a UEFA member association and/or its affiliated
league (hereinafter: registered member); or
b) has a contractual relationship with a registered member (hereinafter: football
company).

it must provide a written contract of assignment with a registered member.

2 The contract must stipulate the following, as a minimum:
a) The football company must comply with the applicable statutes, regulations,
directives and decisions of FIFA, UEFA, the UEFA member association and
its affiliated league.
b) The football company must not further assign its right to participate in a
competition at national or international level.
c) The right of this football company to participate in such a competition ceases
to apply if the assigning club’s membership of the association ceases.
d) If the football company is put into bankruptcy or enters liquidation, the right to
apply for a licence to enter an international and/or national competition
reverts to the registered member. For the sake of clarity, should the licence
have already been granted to the football company, then it cannot be
transferred from the football company to the registered member; only the
right to apply for a licence the following season reverts to the registered
member.
e) The UEFA member association must be reserved the right to approve the
name under which the football company participates in the national
competitions.
f) The football company must, at the request of the competent national
arbitration tribunal or CAS, provide views, information, and documents on
matters regarding the football company’s participation in the national and/or
international competition.
3 The contract of assignment and any amendment to it must be approved by the
UEFA member association and/or its affiliated league.


An Honest Game? Convince Us.
Canalamar

With reference to the Article 45 rule and going from memory so you can maybe check, “clubs” as a legal entity in their own right and clumpanys to describe the entity covered by Art 45, actually sign different declarations in terms of agreement to comply with UEFA rules.

The significance of this if my memory is true is that in 2011 when Rangers were last put forward for their UEFA licence they had to sign a declaration that was either for a club or a different one for a clumpany.

Hence sight of that declaration would tell everyone how Rangers saw themselves at that time as a club or clumpany.

I think an attempt to get an answer to which declaration was signed has been made but with no success but now you have triggered my memory I’ll have a look back to refresh it.

Of course the SFA have a poor record of understanding UEFA rules and seeing that clubs comply and see UEFA FFP like a version of the Pirates Code – more guidelines than rules.


Recent Comments by Auldheid

It Is Better To Offer No Excuse Than A Bad One
UP THE HOOPS
The allegations on CQN that Bobby Madden has a gambling problem surely require his  removal from the the firing line until the allegators are proved wrong.
No snap decisions, just a leisurely swim until there is no question as to his motivations. 


It Is Better To Offer No Excuse Than A Bad One
Dons/Hibees/Jambos and any other club wanting a UEFA spot.
Flogging players who have put TRFC near top of league is an admission those players unaffordable.
The solution is to make a licence for TRFC conditional on a realistic sustainable business plan. SFA are not doing their licencing job. Never have in fact.
So what questions are your club Directors asking the SFA?
Why not get them to ask UEFA if they are happy with the way SFA process licence applications from Ibrox. Seems UEFA not happy.
Proper club licencing can level the playing field a bit but it also protects all clubs from charlatans selling jam tomorrow.


It Is Better To Offer No Excuse Than A Bad One
Allyjambo 21.41

Matthew Lindsay: Time for Dave King to depart Rangers – but who could take over at the Ibrox club?

Rangers need to be run by individuals whose integrity is beyond doubt.
=============================
Do such individuals steeped in blue exist?

As rare as a dodo nesting on an iceberg in Carlisle Bay, Barbados.
” No problem can be solved from the same level of consciousness that created it.” Albert Einstein 
https://www.brainyquote.com/quotes/albert_einstein_130982


It Is Better To Offer No Excuse Than A Bad One
I got my electronic copy of Not The View delivered yesterday.
Browsing through I thought I recognised The Christmas Tale offering and was pleased to read it as I had forgotten it was a tale I told at Christmas in 2012 (on CQN I think).
I think it worth repeating as a reminder of why SFM exists – because we love football and we love Scottish football and we aren’t done yet.
A CHRISTMAS TALE
See me?
 
See me?
 
Ah jist luv fitbaw.
 
Its funny cos I was never that interested until about age eleven when a good pal, who was destined never to see his 21st birthday after a car crash in Rome encouraged me to try it. John was there to become a priest but got fast tracked by the Big Man who knows a good guy when he sees wan.
 
John encouraged me to give it a go in Suffolk St.  We played “croassies in” with the metal pull down blinds that formed the gates to the interior of the Barras as goals. Plastic baws, Fridos then Wembleys, arrived about then and many a red hot poker made the game a bogey in a failed attempt at repairing a burst baw.
 
(I blame the whelk shells; they were aw ower the place from the Oyster Bar in the Gallowgate (where I was entrapped in the cellar two weekends in a row cleaning whelks and mussels) and the ravenous appetite of the Glasgow punter for shellfish.
 
I played fitbaw morning, noon and night and saw Glasgow Green pitches UPGRADED from black ash/clinker to red blaze. We thought we were Wullie Fernie playing on that stuff and there was a case for playing with 10 baws as teams were filled with tanner baw players (goalies were just last man standing) for whom the object of the game was to beat everybody else in the opposition before scoring or it wisnae a goal.
 
I remember wan night  at the Glasgow Green waiting to play for St Alphonsus v Our Lady of Fatima  when I saw Tony Green, who was a Mungo boy and went on to play for Newcastle and Scotland before injury ended his career too early, waiting, sannies under his arm, to get a game with any team who were a man short. I think the OLOF manager mugged wan of his boys as Tony appeared for them and turned a virtuoso performance against us to give OLOF a 3-2 victory.
 
I started work and went to London for a year to work in the old Post Office Savings Bank. In my first week Jock (a Jock) approached and asked if I played. He never mentioned the sport, he didnae hiv tae, we wur already communicating at the spiritual level only fitbaw lovers can reach (the kind of thing that electrifies CP on CL nights.)
 
I get directions fur a game oan the Saturday at Acton Town and turn up, new Puma boots, paid by my transfer grant, under my arm (nae sannies fur me) On entering the park ahm puzzled, there wiz GRASS everywhere, nae clinker or red blaze in sight.  “Must be roon the back of the dressing rooms “ I remember thinking.
 
Anyhoo I gets changed runs roon the back to see — MAIR grass as far as the eye can see. So I troop back tae the dressing rooms to get directions to the ash pitches. When I explain what ah wiz used to playin oan they aw jist looked at me like my village wiz searching fur their idiot.
 
Well I get sorted out and line up. The baw, I remember, wiz a size 5 orange wan, but no wan o they bricks wi laces. The first pass to me wiz high and ah chests the ball doon and whirls roon afore I get studded from the back as wiz the custom oan the narrow pitches of Glasgow Green. To ma amazement the nearest opponent to me is about 4 yards away. As I look into his eyes I smile and turn to Jock at the sidelines and shout.
 
“Yer gonnae need anither baw” as I meander off in pursuit of the only goal that counted for a tanner baw man. I think I managed 7 before netting and I’ll take that. It wiz oan unfamiliar grass after all.
 
 Postscript “Aye very guid Auldheid” yer thinking (if you have stayed with me so far.)
“Nice reminiscing and it is Christmas Eve, so thanks fur the memories. “
 
But there’s mer tae this tale fur
 
See me?
 
See me?
 
I jist luv fitbaw.
 
Its ma game, its  OOR game and when I see the mess those responsible for looking after its welfare have made of it ah want to do something.
 
I hope ahm not alone.
 
Dec 2012


It Is Better To Offer No Excuse Than A Bad One
That Dave King is allowed any influence in Scottiish football is a dereliction of the duty of the SFA to protect our game from criminality.

Dave King should be called to account by the other clubs via the SFA to provide evidence he can do what he has promised, which is bank roll TRFC.

At the very least the clubs should be preparing for another insolvency event at Ibrox and deciding the conditions they will set for TRFC to continue taking part in Scottish football on the same basis as every other club, who act with the utmost good faith to fellow members.

The clubs via the SFA have the powers under Club Licensing to do so, powers that the SFA Comp Off can only conclude the SFA have failed to utilise. Powers that UEFA must have recognised by now as a result of Res12 letter of May 2016 and UEFA Licence submission this year, are not being used fully by the SFA.  

It was self preservation that underpinned the 5 Way Agreement . The dangers of that agreement – destroying integrity, undermining trust, ignoring deceit – become more and more manifest and should alert other clubs to the necessity to exercise their collective responsibility to each other and so to our game that they govern via the SFA on our behalf, using Club Licensing powers.

When a particular course of action designed to preserve self is not working it is human nature to try another course.

Not renewing STs come April/May unless positive trust restoring actions are taken by our clubs collectively, is one way of changing minds about what is self preserving.


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