I've been doing a bit of digging around Alan's point about 'Fit and Proper Persons'.
In his recent article in the adver Diamandis said:
My role at the club is where any board-type decisions are made by all the members of the board I would attend with everybody else.
Other than that, if anything else happens which is unusual I would be involved in that process - whatever that is.
That would range from the replacement of Dennis Wise, the leaving of Dennis etc
Football League regs class a director as
“Director” means in respect of any Club, any individual person operating the powers that are usually associated with the powers of a director of a company incorporated under the Companies Act (as a company limited by shares or by guarantee) including, but not limited to:
(a) a person exercising direct or indirect control over a corporate director of the Club;
(b) a person registered as a director or secretary of the Club with the Registrar of Companies;
(c) a person for whom a Form 288(a) (to be filed with the Registrar of Companies) has been completed in relation to the Club;
(d) a person who has been elected to become a director of the Club at a meeting of the board of directors of the Club;
(e) a person who has been elected to become a director of the Club at a meeting of the members of the Club;
(f) a person in accordance with whose directions or instructions the persons constituting the management of the Club are accustomed to act; or
(g) a person who exercises or is able to exercise direct or indirect control over the affairs of the Club.
Points (a),(f) and (g) are rather interesting. There would seem to be a slight loophole in the regulations for point (a):
There shall be excluded from the definition of Director any legal or professional advisers acting in their legal or professional capacity without any interest (in excess of a 5% shareholding) in the Club other than as its advisers.
But surely Diamandis can't be classed as a professional advisor because his main occupation is MD of Dunwoody.
As to the possible penalties:
3.3 Submission of False Information on Declaration
3.3.1 Any Club or Director that negligently, recklessly or with intent provides to The Association a Declaration that proves to be false shall be deemed to have committed an act of misconduct under the rules of The Association.
3.3.2 The Association shall have the power to prescribe fixed fines against a Club in respect of any such event, as per Schedule 4 to these regulations.
3.3.3 Any individual found to have negligently, recklessly or with intent completed false information on the Declaration will be banned from participating as a Director for one year after any Disqualifying Conditions to which they are subject have ceased to apply.
3.3.4 There shall be no appeal against any such penalties.
4. Suspension of League Membership
Where: -
4.1.1 any individual at a Club qualifies as a Director in breach of any of paragraphs 2.1, 2.2, and 2.3, and that Club fails to remove that Director within 28 days of being instructed so to do by The Association (as per paragraph 3.2.4)
or
4.1.2 a Club is deemed to have persistently failed to comply with paragraph 3.1.1 and/or
3.1.2, as described in paragraph 3.1.5 above then The Association may issue The Notice to the league of which the Club is a
member.
4.2 There shall be no appeal by a Club against the serving of The Notice.
4.3 The suspension of the membership may be removed subject to the Association receiving satisfaction on the matter that caused it to be required.
