I was involved whilst working with HMRC with a non league club administration there were significant conflicts so couldn’t stray into areas where there would have been issues such as I had no dealings with wages or contracts however I can assure you that the constraints , strange requirements if you like, imposed by the footballing authorities if you wanted to firstly be affiliated and secondly if you want to play at certain levels meant you have to provide facilities that aren’t required under any law but you simply have to provide or don’t get to compete.
For instance the FA require that in clubs A&M there are several inclusions one of my favourites is that if a club / company goes into liquidation after settling any liabilities the surplus isn’t shared as would be the norm any sums have to be donated to local charities. There is no legal requirement for such a clause but unless it’s there in the A&M then you don’t get to play .
Similarly if can’t show tenure of your ground for a certain length of time you don’t get to play. Where in company law does it say that to trade you have to have a lease for x number of months?
Or what about fit and proper test ? We can all see the merits but if company law doesn’t require someone to be forbidden from being a director or an owner how can football? Should or would someone be justified to challenge if say they wanted to invest say 11% in another club?
Or what about the football creditor rule? That is clearly contrary to Insolvency Law but despite challenge an opinion is that the footballing authorities rules usurp statute.
My point over the last few days was that like it or not a process now has to follow my belief was, and I think Chris confirms that APT remains albeit unenforceable till challenged clauses are removed by way of formal vote but that vote could I believe could be simply to suspend them.
Irrespective we have to accept that sometimes the rules may well onerous and indeed could be open to challenge but the dilemma is how far can challenges go?