The Premier League and Football League in England both operate the so-called 'football creditors rule'. This rule has the effect of bringing what the league describes as football creditors, including other clubs, the manager and the players, to the front of the queue for payment when a football club becomes insolvent. It is a topical concern at the moment because of a spate of clubs going bust this summer including Southend, which is in court to answer a winding up petition for the third time in a year, and Portsmouth, the first Premiership club to go into administration.
The FA and the Football League attempt to justify their preference for football creditors by saying that they are trying to avoid a domino effect whereby the unpaid debts of one club, transfer moneys for instance, bring down another club and so on. There is some truth in this but football is by no means the only business where this is a likely scenario. Small builders are in constant danger of being let down by their debtors whilst, at the other end of the scale, one bank failure could bring down a whole banking house of cards. Why should there be one rule for football clubs and another rule for the rest of us?
The fact is that there is no such rule in law and HMRC, an unlikely hero in business, has brought a writ against the Premier League to prevent the Football Creditors Rule from being put into effect in the case of Portsmouth. Apparently the HMRC view is that the rule is 'unlawful'. It is bad enough when international sporting bodies such as FIFA and the IOC set themselves up as being above the law, and tax laws in particular, but it would be a disgrace if domestic associations could abuse their control of high profile sports to do the same.
The real injustice, of course, is that the main football creditor is usually the wages of the players. In the Premiership the payrolls are spectacularly out of proportion to ordinary life. Can anyone justify making those astronomical sums a special case whilst the taxes that the clubs and their players owe to the rest of us go unpaid?
Showing posts with label Portsmouth FC. Show all posts
Showing posts with label Portsmouth FC. Show all posts
Wednesday, 14 July 2010
Wednesday, 21 April 2010
Accounting for football failure
We can see now the full extent of Portsmouth Football Club's indebtedness and, at £119M, it is quite staggering. Although Portsmouth fans are able to look forward to their team's appearance in the FA Cup final on 15 May there is no cause for optimism about the future of the club.
It seems as though the company's administrator, Andrew Andronikou, has successfully taken control of the catastrophic situation that he found on his appointment. He must also be somewhat relieved to think that the administration process, with the benefit of the cup final appearance, will not have squandered cash in the spectacular fashion exposed by the club's trading figures leading up to his appointment. He shouldn't get carried away, though. Portsmouth FC, in administration, has had the luxury of being able to play football without having to buy new players. The amortised cost of players' contracts, aside from wages, in the last five years before administration has been over £70M.
Almost everyone seems determined to secure the best possible outcome for the club and its creditors in the form of a Company Voluntary Arrangement (CVA). There is good reason for this. If the club cannot reach an agreement with its creditors, including the taxman who is owed at least £17M, then the only option for the administrator is to put the company into liquidation. If that were to happen then all the players' registrations would revert either to the Premier League or the Football League. This would be a disaster for the creditors as the players' contracts are valued by Mr Andronikou at £30M on a going-concern basis. Apart from selling players the club has almost no other way of returning funds to its creditors.
So what would happen in a CVA? Firstly Andrew Andronikou would be appointed as 'Joint Supervisor' with control over all the company's business. That sounds simple but it isn't. His report to creditors includes the trading figures for the last five years. These reveal spectacular and increasing losses totalling £58M. That is quite some trend that Mr Andronikou would have to buck. Yet, as an able accountant, Portsmouth's would-be supervisor might wonder whether the accounts do not tell the full story of the losses at Fratton Park. Football finances are extraordinarily obscure, with some owners running their clubs as an expensive hobby whilst others milk them as cash cows, but the basic bookkeeping equation still holds true, 'Liabilities = Losses + Assets' (Accounting and Bookkeeping College free taster course). The statement of affairs for Portsmouth FC can only find assets with a book value of less than £40M leaving a further loss, not accounted for, of £20M.
History doesn't provide any encouragement. Portsmouth FC is following in the footsteps of Leeds United, amongst others. The accounts at Elland Road didn't look as bad as they do at Fratton Park as Leeds tumbled out of the Premiership after a couple of seasons of over-spending. So Leeds with its enormous football reputation and hordes of fans was a more attractive prospect for a buyer but still only managed to secure a very shaky deal with Ken Bates before dropping further into League One. Perhaps, after considering the fate of Leeds United, Mr Andronikou ought to consider the story of Wimbledon which went from the top flight to oblivion?
It isn't part of the administrator's brief to secure footballing success for Portsmouth only to try and keep the club alive in some form and return the maximum amount of cash to the creditors. At first sight those two objectives seem to be neatly aligned but the accounts revealed in the administrator's report look very bad indeed. The CVA, approved by the Premier League and the Football League, is the sensible way out of administration but, once the players are sold, the way out of the CVA, in the absence of an indulgent new owner, may be abrupt and terminal.
It seems as though the company's administrator, Andrew Andronikou, has successfully taken control of the catastrophic situation that he found on his appointment. He must also be somewhat relieved to think that the administration process, with the benefit of the cup final appearance, will not have squandered cash in the spectacular fashion exposed by the club's trading figures leading up to his appointment. He shouldn't get carried away, though. Portsmouth FC, in administration, has had the luxury of being able to play football without having to buy new players. The amortised cost of players' contracts, aside from wages, in the last five years before administration has been over £70M.
Almost everyone seems determined to secure the best possible outcome for the club and its creditors in the form of a Company Voluntary Arrangement (CVA). There is good reason for this. If the club cannot reach an agreement with its creditors, including the taxman who is owed at least £17M, then the only option for the administrator is to put the company into liquidation. If that were to happen then all the players' registrations would revert either to the Premier League or the Football League. This would be a disaster for the creditors as the players' contracts are valued by Mr Andronikou at £30M on a going-concern basis. Apart from selling players the club has almost no other way of returning funds to its creditors.
So what would happen in a CVA? Firstly Andrew Andronikou would be appointed as 'Joint Supervisor' with control over all the company's business. That sounds simple but it isn't. His report to creditors includes the trading figures for the last five years. These reveal spectacular and increasing losses totalling £58M. That is quite some trend that Mr Andronikou would have to buck. Yet, as an able accountant, Portsmouth's would-be supervisor might wonder whether the accounts do not tell the full story of the losses at Fratton Park. Football finances are extraordinarily obscure, with some owners running their clubs as an expensive hobby whilst others milk them as cash cows, but the basic bookkeeping equation still holds true, 'Liabilities = Losses + Assets' (Accounting and Bookkeeping College free taster course). The statement of affairs for Portsmouth FC can only find assets with a book value of less than £40M leaving a further loss, not accounted for, of £20M.
History doesn't provide any encouragement. Portsmouth FC is following in the footsteps of Leeds United, amongst others. The accounts at Elland Road didn't look as bad as they do at Fratton Park as Leeds tumbled out of the Premiership after a couple of seasons of over-spending. So Leeds with its enormous football reputation and hordes of fans was a more attractive prospect for a buyer but still only managed to secure a very shaky deal with Ken Bates before dropping further into League One. Perhaps, after considering the fate of Leeds United, Mr Andronikou ought to consider the story of Wimbledon which went from the top flight to oblivion?
It isn't part of the administrator's brief to secure footballing success for Portsmouth only to try and keep the club alive in some form and return the maximum amount of cash to the creditors. At first sight those two objectives seem to be neatly aligned but the accounts revealed in the administrator's report look very bad indeed. The CVA, approved by the Premier League and the Football League, is the sensible way out of administration but, once the players are sold, the way out of the CVA, in the absence of an indulgent new owner, may be abrupt and terminal.
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