James2..........

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Danni

Norm Smith Medallist
Jun 11, 2000
5,450
6
Sorry couldn't be bothered going back a couple of pages to find the beginning of this topic again.

Just in relation to your comments about the Bears v Bris Lions in ACN terms.

They have the same ACN, they are the same company with an ammendment to the constitution/articles for the name change and change to the structure of the board (ie add the number of members with relation to vic representation)

I have here a letter on Bears letterhead from 10 July 1996, a copy of the 1995 Bears Annual Report, and a letter dated 27 September 2000 from the Bris Lions on the Lions letterhead. Each of them display the exact same ACN.


There AISC registration is currently "Brisbane Bears-Fitzroy Football Club Ltd Trading as Brisbane Lions Australian Football Club"

There are possibly other Brisbane Bears ACN's listed, these would be prior to 12th Dec 1991 when the current articles of association were prepared. More than likely can be attributed to the Cronin/Skase days.

There is however also an AISC registered company/corporation known as The Brisbane Lioins FC pty ltd.

This has nothing to do with the AFL.

There was an almost bitch fight late 1996 early 1997 over this.

That company/corporation is registered to a long standing Brisbane Soccer Club based in the western suburbs of Brisbane.

The BBFFCltd actually paid something in the area of $1M to that said club, in a settlement. This settlement basically allowed us to call our selves the Lions as a trading name, but not as a registered company name, and can be viewed as compensation/negotiation fee/purchase of rights or whatever.

But the Entity known as and registered as the Brisbane Bears, by it's ACN, in December 1991, is still in operation, but with a name change and board structure change as per the ammendments to the club constitution/article of association as per the merger agreement. This too me would suggest too that the AFL operating license is the same one with ammendments, rather than a completely new one from 1997 onwards.
 
The main question that arises from this is if an AFL club is sold to a new company or registers as a new company, does it become a new CLUB? My belief is no.

In regards to the Brisbane Lions, lets have a look at the registered companies that CURRENTLY exist.

We have

1) Brisbane Lions AFC Pty Ltd. ACN 074 800 794 Registered on 11/07/96 Offices at Wooloongabba Qld. 4102. Former name "Brisbane Lions Pty. Ltd." Obviously also operated by the Brisbane Lions.

2) "Brisbane Lions AFC Pty. Ltd." ACN 074 818 116 (note different ACN number from the above company.) Registered on 11/07/96. Offices at Wooloongabba Qld. 4102. Obviously also operated by the Brisbane Lions.

3) Brisbane Bears-Fitzroy Football Club Ltd. ACN: 054 263 473 Registered 16/12/1991. Offices at Wooloongabba Qld. 4102. Former names Brisbane Bears Football Club Ltd. and before that "New Bears Ltd". It is obvious from this that the CLUB operates three companies all with their own distinctive ABN's There are not three clubs, there is one club.

I only need to be a member of one of these companies to be a member of the Brisbane Lions club.

The "Brisbane Lions Football Club", ACN 009 809 205, which was registered on 27/04/1970 operates out of Richlands Qld. 4077 and is obviusly the soccer club.

Let's take the Fitzroy Football Club now. There is no doubt they currently operate three companies each with their own ACN's. The Fitzroy Football Club Ltd. has an ACN of 005 881 201 and was registered on 9/07/1981. As a shareholder I am a member of Fitzroy Football CLUB. Now there is no doubt in my mind that the Fitzroy Football Club operated as a CLUB before this date. Fitzroy Football CLUB also operate the "Fitzroy Football Club Social Club Ltd." ACN: 084 872 346, which I am an ordinary member. Clearly joining either legal entity means I am a member of the CLUB. Fitzroy Football Club also run a third company called Fitzroy Football Club Finances ACN 054 990 420 which was registered on 17/02/1992.

it is therefore possible that in today's economic climate that football CLUBs could operate three or four different companies...one for finances, one for their social club, one for members, one for shareholders, one to hold their AFL licence even. Even if they are sold, changed liquidated the CLUB lives on.

Now Kevin Sooky if you could do a search on the following companies...

"Sydney Swans Ltd." ACN 005 315 551 Registered 29/4/1977

"Sydney Rules Pty. Ltd." ACN 002 984 509, subsidary comapny of Powerplay owned by Edelstein and held the Sydney Swans VFL licence in 1985.

By my reckoning we could have four or five different "Sydney Swans" clubs from about 1981, going by your logic.
 

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James2..........

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