halfcenturyup
Well-Known Member
- Joined
- 12 Oct 2009
- Messages
- 14,941
This issue of whether Etihad, Etisalat or any other Abu Dhabi company is a related party is a complete red herring.
The accounts aren't rendered fraudulent or misleading if they are deemed to be, and we didn't declare them as such. The definition of an RP is partly subjective but there's no obvious way that Etihad and Sheikh Mansour are related parties. Etihad and City definitely aren't.
The red cartel have got their knickers in a twist over this, and I suspect that at least partly due to them wanting to see the value of the Etihad sponsorship (assuming we'd have to declare that if it was an RPT).
FFP allows investment, including via commercial sponsorships, from owners and other related parties, as long as these are deemed to be at FMV. PSR doesn't say anything about this. CAS said that (at the time of that hearing) that Etihad was FMV and not disguised equity funding. As long as that's the case, the issue of whether it's an RPT is irrelevant.
Of course, I agree with all that, and I am not at all worried by it.
But my question isn't whether they will succeed in questioning the ownership structure / RPT classification, but whether they are questioning these things in the 115 case.
I think it's more than likely they are.
I read through paragraphs 180 to 189 of the APT judgment again just now and I find it hard to conclude that the redacted part of paragraph 186 is anything other than a description of allegations in the 115 case concerning the abuse of RPTs as justification for the need for APTs. Imho, it wouldn't be there if it wasn't.
And RPTs are specifically referred to in the PL statement on the allegations, after all.
But I recognise I am the only one here who thinks that. And I could easily be wrong. No problem. We will see soon enough, I suppose.