A bit of light reading from ChatGPT:
Q1: Does Preston North End comply with EFL regulations on club ownership?
As of now, Preston North End appears to be complying with EFL regulations on club ownership.
The club has publicly disclosed that it is owned by the Conway Trust. While the specific details of the trust's beneficiaries may not be publicly available, this level of transparency meets the basic requirements of the EFL's Owners' and Directors' Test.
However, it's important to note that football governance is a constantly evolving landscape, and specific regulations can change over time. It's always advisable to refer to the latest EFL regulations and any relevant updates to ensure full compliance.
Q2: Does isle of man law prohibit the names of trustees from being publicly disclosed?
The Isle of Man law does not explicitly prohibit the disclosure of trustee names. However, it does provide flexibility for trustees to determine who can access trust information, which may include the names of trustees.
The Trusts and Trustees Act 2023 grants trustees the power to decide who can request disclosure of trust information, subject to certain limitations and potential court intervention. This means that in some cases, trustee names may not be publicly disclosed, especially if the trust instrument restricts access to such information.
Ultimately, the specific circumstances of each trust will determine whether trustee names are disclosed. It's advisable to consult with a legal professional to understand the specific provisions of the trust instrument and applicable laws.
Q3. Does isle of man law prohibit the names of trustees from being publicly disclosed, in respect of EFL football club ownership?
Under
Isle of Man law, there are privacy protections for trustees, but the disclosure requirements can be complex, especially if the trust owns a business subject to regulatory oversight, such as an
EFL football club.
Key Points to Consider:
- General Privacy of Trustees under Isle of Man Trust Law:
- Isle of Man law provides significant privacy for the identities of trustees. Trustees' names are generally not required to be publicly disclosed unless specific circumstances arise.
- Trusts in the Isle of Man benefit from strong confidentiality, especially when the trust is structured in a way that avoids public reporting, such as through private companies or other entities.
- EFL Ownership and Disclosure Requirements:
- EFL Owners' and Directors' Test: If a football club, such as one in the EFL (English Football League), is owned by a trust, the EFL’s ownership regulations require that the ultimate beneficial owners of the club be identified. This applies to the control and ownership of the club, and it is designed to ensure that individuals behind the ownership structure are "fit and proper" to run the club.
- While trustees may not have to disclose their identities to the public under Isle of Man law, the EFL requires transparency regarding who has control or significant influence over the club. This means the ultimate beneficial owners of the trust (those who ultimately control the trust and its assets, such as the football club) must be disclosed to the EFL, even if the trustees' identities are not publicly disclosed.
- EFL’s Regulatory Oversight:
- Regulatory Transparency: The EFL will require that the names of individuals who are effectively in control of the football club—whether they are trustees or beneficiaries—be disclosed to them, even if those individuals are not the public face of ownership. This helps ensure that the fit and proper person test is met.
- If the trust is involved in a football club’s ownership, the EFL will want to understand who has the power to control the club, which may mean identifying trustees, beneficiaries, or anyone holding significant influence over the club, even if those individuals are not the trustees themselves.
- Beneficial Ownership Register:
- The Isle of Man has a beneficial ownership register for companies incorporated in the jurisdiction. If the football club is owned through a company, the beneficial owners (who may be the ultimate beneficiaries of the trust) may be required to be disclosed in certain circumstances.
- In addition, the UK has specific regulations requiring disclosure of beneficial ownership for companies that own football clubs, and these may apply to the trust structure if the club operates in the UK or is registered under UK regulations.
Conclusion:
While Isle of Man law
does not automatically require the public disclosure of trustees’ names (especially in the context of a trust), if the trust is the ultimate owner of an
EFL football club, the
EFL regulations would require the disclosure of the
ultimate beneficial owners (those controlling or benefiting from the trust). These beneficial owners could include the individuals behind the trust, even if their names are not publicly disclosed under Isle of Man law.
Thus,
Isle of Man law does not prohibit the disclosure of ownership details to regulators, like the EFL, which may require the identification of individuals who control the club, regardless of the privacy afforded to trustees under trust law.
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So, depending what question you ask, you can get different answers, but one thing's for sure - ownership of the club by the Conway Trust is complicated, and appears to provide plenty of scope for not revealing the names of the trustees and ultimate owners.
Therefore the statement on our website https://www.pnefc.net/company-details probably (?) represents the limit of whatever legal teeth the EFL have, when it comes to transparency of ownership.