2.1
All Clubs shall have grounds or headquarters situated in England
or Wales and the Competition Secretary shall send their names
and particulars to The FA annually by the date appointed by,
and in
the format required by, The FA. English Clubs shall be duly affiliated
at all times to a recognised County Football Association. Welsh
Clubs shall be affiliated to The FA of Wales. Each Club shall
notify the Competition Secretary of its affiliation number each
year as
soon as practicable after it has received same. Each Club shall
return to the Competition Secretary a fully completed questionnaire
relating to Form “D” required by The FA by the date
given in the circular letter accompanying the questionnaire issued
by the Competition Secretary.
A Club may share its ground (subject to the provisions of Rule 4.12)
with another club (including a club engaged in another sport) providing,
in the case of any football club, the club playing in the most senior
competition has priority of fixtures and, in the case of any other
club, providing the Club has priority of fixtures. Ground sharing
is permitted but not in order to gain promotion or to avoid relegation.
In the case of dispute the Company shall have the power to accept
an alternative agreement on priority.
2.2
No club which is a “nursery” club [or a reserve
side] of a football club shall be eligible for membership of
the Company.
A club shall be deemed to be a “nursery” club if
it is under obligation, written or otherwise, to a football club
by
reason
of which it has not the sole and entire control of its own management,
finance and players.
2.3 Clubs seeking membership or applying to retain membership of
the Company must comply with the requirements provided for in the
Criteria Document for the step at which the Club is playing. Only
clubs which meet these criteria in full will be eligible for membership.
All Clubs visited by representatives of the Competition in pursuance
of the document will pay a non-returnable fee. In the absence of
a procedure for application for membership being established by The
FA, the Board shall establish such procedure.
2.4 The FA shall determine a time scale whereby all Clubs in membership
must attain the grade provided for in the Criteria Document. The
grade applicable for each Club for the commencement of a Playing
Season shall be that existing at the previous 1st April, such grading
to be ascertained by an inspection carried out on or before 1st April
or as soon as practicable thereafter. Any Club not maintaining the
grade set for the Competition shall be relegated at the end of the
Playing Season to a step determined by The FA.
2.5 Any Club wishing to incorporate shall notify The FA, its Affiliated
Association and the Company Secretary before it makes any resolutions
in this regard.
2.6 In the event that any Club which is an unincorporated association
incorporates itself it shall notify the Company Secretary in writing
within 14 days of the passing of the resolution to take this action
and shall with such notice provide the Company Secretary with a
copy of the Memorandum and Articles of Association of the company.
Any amendments to the Memorandum and Articles of Association of
a Club must be notified to the Competition Secretary in writing
within 14 days of the passing of the resolution with a copy of
the change(s).
2.7 In the event that any Club which is an unincorporated association
resolves to transfer its membership of the Competition to a company
or in the event that a Club which is a company resolves to transfer
its membership to a different company the Board will use the following
minimum criteria in deciding whether to approve that transfer:
2.7.1
The shareholders or members of the Club have voted to agree the
transfer of the Club’s membership to the new
entity
2.7.2
All Football Creditors in the Club must be satisfied in full
or transferred (with the creditors’ consent)
to the new entity, and evidenced as such.
2.7.3 All other creditors in the Club must be satisfied and evidenced
as such.
2.7.4 The proposed new entity has provided financial forecasts
showing its ability to fund the Club for the next 12 months or
to the end of the Playing Season following transfer (whichever
is the longer) and that evidence of funding sources has been provided.
2.7.5 The FA has given approval for the transfer to take place.
2.8
The Competition shall allow for up to 66 member Clubs. There
will be 2 divisions of 22 Clubs in each division where possible.
The divisions will be called Premier and 1(One).
The Clubs competing in each division
each season will be confirmed by the Annual General
Meeting of the Company each year. Additionally the Competition
may organise two(2) Divisions comprising of reserves teams of
it's Member or Associate Member Clubs.
2.8.1
It is a requirement for all Clubs to have floodlighting. Any
Club joining the League must show to the Board that they are
able to meet this requirement of Membership/Associate Membership
in the time that the Board set.
2.9 Any Club or Club representative found guilty of serious
irregularities regarding players Contract payments under
The FA Rules may be expelled
from the Company in accordance with [the Articles
or] these Rules and, in addition, may be fined such sum
as the Board shall determine.
2.10 The Company will hold a register of the
full name of the company/unincorporated entity
constituting each Club. If the Club is an incorporated
entity,
it must provide the Company with its company
registration number. If the Club is an unincorporated
entity, it must provide the Company
with the name of an individual in whose name
the membership of the Company will be vested.
The Company will provide a copy of its membership
register to The FA annually.
2.11 In the event that an Insolvency Event occurs
in relation to any Club, that Club must inform
and keep informed the Company Secretary
and The FA immediately.
The Board shall have the power to suspend a Club
on notification of it having entered an Insolvency
Event.
At the discretion of the Board, a suspension
may take effect from the giving of the notice
or it may be postponed subject to any
conditions as the Board may think fit to impose.
In the event that a Club is suspended or
its suspension is postponed, the Board shall
have
power to make
such payments as it may think
fit to the Club’s Football Creditors
out of any monies due to that club from the
Company.
2.12 An Officer must submit a Fit and Proper
Declaration to The FA and the Competition within
14 days of becoming an Officer.
No individual will be permitted to act as an
Officer if they fail to meet any of the requirements
of the Fit and Proper Declaration,
as set out in the Rules of The FA.
In the event that an individual/entity is found
to have either:
Completed false or misleading statements on
their Fit and Proper Declaration;
acted as an Officer when in breach of the requirements
of the Fit and Proper Declaration;
Acted as an Officer without having submitted
a fully completed Fit and Proper Declaration;
then the individual/entity or Club shall be subject
to such fine or other sanction as may be determined
by The FA.
2.13 Any Club which is incorporated must be incorporated
in England and Wales.
2.14
If during the course of a season the Board decide that the organisation
and
management of a particular
Club
fall below the standards appropriate
to membership of the Competition, the
Competition
Secretary
shall be instructed
to warn the Club
at once that it may be excluded from
membership of the Competition at the
end of that playing
season. Such a
Club
shall have
the right to appeal to The FA within
14 days of the
date of notification
of the Board’s decision.
2.15
The Competition, through the Board
shall be empowered from time to time
by subscription,
levy or otherwise to require Clubs
to contribute such sum or sums of
money to the funds of the League as may be
necessary for the
proper conduct of the business of
the League. Such contributions by Clubs
may be collected by deduction from
sums due to Clubs under any
promotion agreement [commercial
contract] or from sponsorship money
due or by whatever means the Board
shall think fit. There
shall be added to any sums to be
contributed from Clubs, if applicable, Value Added
Tax at the then prevailing rate.
2.16 Any Club failing to be represented
at an Annual General Meeting or any
other General Meeting
called in accordance with the [Rules]
[Articles] without satisfactory reason
being given shall be fined in accordance
with the Fines
Tariff.
2.17
The Board shall establish a procedure for inspecting Clubs’ grounds
from time to time as well as
a procedure for inspecting the grounds
of clubs
applying for
membership of
the Company.
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