Monday, 15 August 2011

It's not a legal continuation

One of my big bugbears with the Franchise customers is that they've spun up this notion that Franchise FC is the 'legal continuation' of Wimbledon FC. They've even succeeded in seeding this nonsense into the media, with a number of journalists repeating it. It is in fact a complete load of codswallop. There is no 'legal continuation' of Wimbledon FC, only a football club that continues both the spirit and fanbase of Wimbledon FC, namely AFC Wimbledon.

The 'legal continuation' nonsense is easily shot down. What follows is an edited version of a post made by SW16girl (solicitor, Crystal Palace fan and all-round legal eagle) on the Concrete Roundabout site on the 11th August 2011. We've nailed this so many times over the years, but this is the most recent piece I can source:

"Legally Wimbledon FC is no more - it was wound up and dissolved on 24-02-09. See here:
Do a Webcheck for company number 00811820

The assets of the club were bought by a NewCo called Milton Keynes Dons Ltd which was incorporated on 04-06-03 under a different name Lawgra (No1028) Limited and changed its name on 24-02-04.

Do a Webcheck for company number 04787003 at the Companies House link above.

That is what happens every time a club goes into administration. Like it or not it is a NewCo and dodgy builders/double-glazing firms have a habit of doing it to get rid of the debt - if it wasn't legally a NewCo then the whole administration thing wouldn't work. The only reason that the Newco is seen as being the same entity is:

a. Because everyone thinks it is because it is in the same place, has the same kit, the same name and the same fans.
b. It plays in the same place in the league. This however is only because the FL transfer the "golden ticket" of a league place to the new Company which they will do if certain criteria are met. They are not however obliged to do so as it is not the same legal entity.

You can argue over names etc to your hearts content but you should get the legal situation accurate at least."

So, if you ever hear or see anyone perpetuating this lie, then please acquaint them with the facts. It's just one of many things that Franchise customers have deluded themselves into thinking they are right about, when in fact and truth they are completely wrong.

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