WhiteRoseKillie Posted August 4, 2013 Share Posted August 4, 2013 I am quite happy to be different to anyone that could come away with the pile of shite to be fair. Tedi, you're going to have to start reading your posts out loud before posting. Try it with the above and you'll see this is well-meant advice. Ripping the pish is fun, but I'd prefer you not to handicap yourself. 0 Quote Link to comment Share on other sites More sharing options...
No8. Posted August 4, 2013 Share Posted August 4, 2013 Just reading on Follow Follow that Paul Murray may be blocked from joining the Ibrox board by SFA rules...Incredible that we have an Easdale who is supposedly a fit and proper person but Murray would be blocked...Unbelievable -1 Quote Link to comment Share on other sites More sharing options...
stonedsailor Posted August 4, 2013 Share Posted August 4, 2013 Do you know who won the league in 1918? Give him an easy one like the 5 SPL stars. 0 Quote Link to comment Share on other sites More sharing options...
WhiteRoseKillie Posted August 4, 2013 Share Posted August 4, 2013 I am quite happy to be different to anyone that could come away with the pile of shite to be fair. Tedi, you're going to have to start reading your posts out loud before posting. Try it with the above and you'll see this is well-meant advice. Ripping the pish is fun, but I'd prefer you not to handicap yourself. No...I read that pile of shite again....I am quite happy to completely different from the author. Words seriously fail me. Like fish in a fucking barrel, I swear. 0 Quote Link to comment Share on other sites More sharing options...
WhiteRoseKillie Posted August 4, 2013 Share Posted August 4, 2013 Just reading on Follow Follow that Paul Murray may be blocked from joining the Ibrox board by SFA rules...Incredible that we have an Easdale who is supposedly a fit and proper person but Murray would be blocked...Unbelievable It is strange, to be fair - they've already ridden roughshod over most of the points of the fucking LAW regarding phoenix companies - why would this be any different? 0 Quote Link to comment Share on other sites More sharing options...
Bearwithme Posted August 4, 2013 Share Posted August 4, 2013 Just reading on Follow Follow that Paul Murray may be blocked from joining the Ibrox board by SFA rules...Incredible that we have an Easdale who is supposedly a fit and proper person but Murray would be blocked...Unbelievable Highly unlikely Murray would be blocked. 0 Quote Link to comment Share on other sites More sharing options...
Bearwithme Posted August 4, 2013 Share Posted August 4, 2013 (edited) I think he was on the board when Rangers went into admin so not allowed back on. I'm not sure he was on the board at that time. In any case it's at the discretion of the SFA Board and it would be perverse to bar Murray for Whyte did when Murray opposed Whyte's takeover. Edited August 4, 2013 by Bearwithme 0 Quote Link to comment Share on other sites More sharing options...
WhiteRoseKillie Posted August 5, 2013 Share Posted August 5, 2013 Is this not at the SFA`s discretion? I am sure they have a rule that reads something like that. Serious point - I'm not sure whether he was around at the time, but it would probably fall foul of the Phoenix regulations. Not that ICBINR haven't ignored almost every bullet point in that LAW already, of course. Remember, they're a new company, whatever your take on the continuation fantasy. 0 Quote Link to comment Share on other sites More sharing options...
stonedsailor Posted August 5, 2013 Share Posted August 5, 2013 Do you remember Alan Duff? I think he was on the board when Rangers went into admin so not allowed back on. Aye the mid to late 80's was when I started going, our school coach in Kingussie was a Caley legend, Freddy Neild he used to take us to matches quite often and I followed Caley properly when I moved up to Sneck in '88. Imissed out on much of the last three years through going to nautical college and the sea in 91. I think it must be nostalgia but Ihave stronger feelings for Caley than ICT and I have been an ICT fan for more than twice as long. 0 Quote Link to comment Share on other sites More sharing options...
stonedsailor Posted August 5, 2013 Share Posted August 5, 2013 Serious point - I'm not sure whether he was around at the time, but it would probably fall foul of the Phoenix regulations. Not that ICBINR haven't ignored almost every bullet point in that LAW already, of course. Remember, they're a new company, whatever your take on the continuation fantasy. Yeah, if a director was in service with the insolvent company it is a criminal offence for him/her to become a director of a company who uses the same name or trading name as the liquidated company within 5 years of liquidation. Nice to see the Sevconians try to spin it as the big bad SFA trying to hamper them again. http://www.mondaq.com/x/86896/Corporate+Crime/Liability+Of+Directors+Of+Phoenix+Companies 0 Quote Link to comment Share on other sites More sharing options...
AberdeenBud Posted August 5, 2013 Share Posted August 5, 2013 I'm not sure he was on the board at that time. In any case it's at the discretion of the SFA Board and it would be perverse to bar Murray for Whyte did when Murray opposed Whyte's takeover. The whole board(including Murray, John Grieg and the glib and shameless liar Dave King) all did nothing while there was a campaign of willful and organised withholding of tax revenues from RFC. The are all guilty. No matter how times bluenoses try to rewrite history this 'It was all one man' stuff is complete garbage. 0 Quote Link to comment Share on other sites More sharing options...
AberdeenBud Posted August 5, 2013 Share Posted August 5, 2013 7. That the Board of Directors of Rangers FC immediately prior to 6 May 2011 comprised Messrs Alastair Johnston (Chairman), Martin Bain (Chief Operating Officer and Executive Director) Donald McIntyre ( Executive Finance Director), David King, Paul Murray, Donald Muir, Michael McGill, John McClelland, and John Greig (all Non Executive Directors). 0 Quote Link to comment Share on other sites More sharing options...
AberdeenBud Posted August 5, 2013 Share Posted August 5, 2013 (edited) 35. That whilst the IBC and other members of the Board of Directors of Rangers FC were strongly opposed to the purchase of shares from MIHL by Mr Craig Whyte personally or through any of his companies, they did not raise or successfully maintain any substantial level of resistance nor public awareness of their very real concerns, but instead continued to engage in discussions with Mr Craig Whyte aimed at enhancing the terms of the share purchase agreement Edited August 5, 2013 by AberdeenBud 0 Quote Link to comment Share on other sites More sharing options...
AberdeenBud Posted August 5, 2013 Share Posted August 5, 2013 (edited) 71. That as a result of the discussion and the perceptions of both Mr John McClelland and Mr John Greig arising from the absence of any management accounts or financial information about Rangers FC being provided to them, the failure to convene any Board meetings and Mr McClelland’s exclusion from the offices, they both arrived at the conclusion that they were now being so marginalised and excluded from the governance of Rangers that their position as directors was untenable. 72. That Mr John McClelland (Non Executive Director) and Mr John Grieg (Non Executive Director) both resigned as directors on 17 October 2011. 73. That shortly after the date of their resignation, Mr John McClelland was aware of rumours outside Rangers FC about late payment of taxes. These rumours increased in the course of November 2011 and became rumours of non payment of taxes. He did not discuss these rumours with any continuing director of Rangers FC or take any other action. Edited August 5, 2013 by AberdeenBud 0 Quote Link to comment Share on other sites More sharing options...
AberdeenBud Posted August 5, 2013 Share Posted August 5, 2013 (edited) A living person has a mind which can have knowledge or intention or be negligent and he has handsto carry out his intentions. A corporation has none of these: it must act through living persons, though not always one or the same person. Then the person who acts is not speaking or acting for the company. He is acting as the company and his mind which directs his acts is the mind of the company. There is no question of the company being vicariously liable. He is not acting as a servant, representative, agent or delegate. He is an embodiment of the company or, one could say, he hears and speaks through the persona of the company, within his appropriate sphere, and his mind is the mind of the company. If it is a guilty mind then that guilt is the guilt of the company Edited August 5, 2013 by AberdeenBud 0 Quote Link to comment Share on other sites More sharing options...
AberdeenBud Posted August 5, 2013 Share Posted August 5, 2013 (edited) The Tribunal was nonetheless clear in its assessment of the evidence and in the inferences that it was entitled to draw from facts established on the evidence that beyond the identification principle the acts and omissions of directors and senior managers of Rangers FC between 6 May 2011 and 6 March 2012 were such as to prove on a balance of probabilities that certain directors and / or senior managers were entirely aware that Mr Craig Whyte, a director of Rangers FC was engaged in a deliberate programme of non payment of taxes, non-cooperation with and frustration of the attempts of the auditors appointed by Rangers FC to carry out the annual inspection of the books of account and preparation of the statutory annual accounts which required to be lodged by 31 December 2011, and non- cooperation with and frustration of the attempts by Ken Olverman the Financial Controller to be allowed to access and distribute information which was necessary for the preparation of briefings and periodic reports and management accounts. These matters all frustrated preparation of the annual accounts and prevented the holding of the annual general meeting which required to be held by 1 January 2012. From May 2011 Mr David King was aware that he was being excluded from the governance of the company and he appears to have done little about it except repeat his demands to Mr Olverman and Mr Craig Whyte for information. Edited August 5, 2013 by AberdeenBud 0 Quote Link to comment Share on other sites More sharing options...
AberdeenBud Posted August 5, 2013 Share Posted August 5, 2013 (edited) Similarly, Mr John McClelland and Mr John Greig resigned in October because they knew that they were being excluded and marginalised at the same time as they had great concerns for the governance of Rangers FC and were deeply suspicious of Mr Craig Whyte before and after his acquisition of the majority shareholding from MIHL. Other than resignation there was no eveidence that either of these directors took any steps with any person or authority to do anything about what they knew was happening. Criticism might be levelled at these directors and others. Mr Olverman as Financial Controller occupied a very senior role within Rangers FC and as a matter of admission he knew of the non payment of taxes and the somewhat strange practices and secrecy which was the deliberate policy advanced by Mr Craig Whyte. Though it was no part in the matter before us, and did not impact on our decision on the complaints which were before us, Mr Ken Olverman was also aware of an apparently unusual transaction involving Ticketus which had a substantial significance in the exercise of any fiduciary duty which he, as a senior officer of the company, owed towards the company, rather than owed towards Mr Craig Whyte. Edited August 5, 2013 by AberdeenBud 0 Quote Link to comment Share on other sites More sharing options...
AberdeenBud Posted August 5, 2013 Share Posted August 5, 2013 The question might be “What could they do?”. The answer is “They could have made public the activities of Mr Craig Whyte of which they were aware or ought to have been aware”. Their fiduciary duties owed to the company might for example have led them to disclose to the PLUS Stock Exchange that no accounts were likely or that no AGM was likely to be held on account of the conduct of Mr Craig Whyte and that there was a complete breakdown of the corporate governance of Rangers FC. These are matters which did not determine the liability of Rangers FC but which bore upon the question as to what extent it could, with merit, claim that it was powerless, and that the sole responsibility was that of Mr Craig Whyte. 0 Quote Link to comment Share on other sites More sharing options...
AberdeenBud Posted August 5, 2013 Share Posted August 5, 2013 All one man. http://www.scribd.com/doc/93212354/SFA-Rangers-Note-of-Reasons 0 Quote Link to comment Share on other sites More sharing options...
No8. Posted August 5, 2013 Share Posted August 5, 2013 Despite the inexplicable Reddie from Aberdeen Bud i kinda of agree with him to a certain extent. It wasn't all one man and as i have stated before if i knew Whyte wasn't paying any creditors it is fair to assume that every board member knew yet said and did nothing. That all said it is also unbelievable that a well known gangster is allowed on the board yet a genuine businessman is not even though his only 'crime' as far as we know was remaining silent. -2 Quote Link to comment Share on other sites More sharing options...
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