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UEFA to Examine City Sponser

Manchester City may have to prove that their Abu Dhabi owner is not "influenced" by his half-brother, who chairs Etihad Airways, if their £400m sponsorship deal with the emirate's national airline is to avoid failing one of the key tests of the Uefa Financial Fair Play (FFP) regulations.

Though Liverpool's owner John W Henry, who is clearly deeply unhappy with the transparency of the Etihad deal, backed Arsenal manger Arsène Wenger's criticism of the deal as "financial doping" yesterday, City are comfortable that it represents "fair value" and is not simply a means of the Abu Dhabi royal family, which founded Etihad, artificially inflating the balance sheet of the club owned by Sheikh Mansour bin Zayed al-Nahyan and enabling it to meet the FFP rules.

However, detailed analysis of Uefa's 91-page Licensing and Fair Play regulations by The Independent reveals that the family relationships between City and its sponsor may fall foul of Uefa's "related party" test. Uefa will consider that club and sponsor are related parties if a family relationship exists. The rules stipulate that a club will fail the "related party" test if money comes in from a "close member" of the club owner's family who "has significant influence over the [club]".

It will be for City to demonstrate that several members of Sheikh Mansour's family who have been integral to Etihad do not exert that influence over him. They are the sheikh's elder half-brother, the Abu Dhabi ruler and UAE president Sheikh Khalifa bin Zayed al-Nahyan, who founded the airline, Etihad chairman, Sheikh Hamed bin Zayed al-Nahyan, and vice-chairman Sheikh Kaled, both half-brothers.

Uefa will come under intense pressure to submit the £40m-a-year Etihad deal, the largest in world sport, to rigorous scrutiny when FFP comes into force, for the 2013-14 season, with some Premier League owners readying themselves to press the organisation to disallow any income from related parties.

Liverpool's owner, Henry, first hinted at his displeasure with the Etihad deal at the weekend when he tweeted: "How much was the losing bid?" The inference was that City had not sought any other potential sponsors because they wanted only an inflated deal from Etihad. After Wenger joined the debate on Tuesday, accusing City of disrespecting FFP rules by not adhering to the market price in their Etihad deal, Henry commented again yesterday: "A club's best player has to be worth at least 10 per cent of your naming rights," he said. "Mr Wenger says boldly what everyone thinks."

There is scepticism in some rival Premier League boardrooms about the fact that Etihad, who have yet to make a profit in their seven-year history and have a similar-sized fleet of planes as Flybe, are paying such a colossal sum. But one of the leading lawyers in the FFP field, Daniel Geey of Field Fisher Waterhouse, said that even if the deal fell foul of related party rules, it could still be deemed acceptable if Uefa considered it to represent fair value. "The first hurdle is whether the Etihad deal can be deemed a related party transaction. Only if it is will an economic judgment have to be taken to assess whether it is fair value," Mr Geey said.

Etihad's financial performance certainly has no relevance to the size of the deal and City do appear to have a strong "fair value" case, based on the fact that they have broken new ground in the way the deal is constructed. They are also planning a vast redevelopment project on land adjacent to their stadium which accrues new sponsorship opportunities for what will become the "Etihad Campus".

City have not disclosed the breakdown of their 10-year deal but they could argue that £20m is fair value for a shirt deal, given that Standard Chartered deliver that sum to Liverpool and that, globally, City are currently a more viewed club than Liverpool in terms of live games screened. If £20m is City's shirt figure, that leaves £15m between the stadium and the campus – the deal is £35m a year in its initial stages, rising to £40m. Wenger's decision to intervene raises the question of how good a piece of business the north London club's own deal with Emirates was, in 2004. They now find themselves locked into a 15-year, £90m contract, for shirt and stadium, until 2019.

As The Independent revealed last month, midfielder Patrick Vieira has decided to retire from the game and is expected to be revealed as a coach and club ambassador at City today.

Vieira had discussions with Arsenal about a role at the Emirates but the club did not propose anything concrete. Despite his having played nine years at Arsenal and 18 months at City, manager Roberto Mancini gets his services. The 35-year-old is expected in Los Angeles with the City pre-season tour, where he will explain his decision next week.

http://www.independent.co.uk/sport/football/premier-league/uefa-to-examine-abu-dhabi-ties-in-citys-163400m-sponsors-deal-2313112.html

posted on 16/7/11

"A related party transaction may, or may not, have taken place at fair value. Fair
value is the amount for which an asset could be exchanged, or a liability settled,
between knowledgeable willing parties in an arm’s length transaction. An
arrangement or a transaction is deemed to be ‘not transacted on an arm’s length
basis’ if it has been entered into on terms more favourable to either party to the
arrangement than would have been obtained if there had been no related party
relationship."

That is the clause which will be tested. In other words, would any other party have paid what Etihad did if there were no connection between the parties.

I am interested in this not only as a football fan but also as a lawyer (sad as I am).

I would say the burden of proof is on City to show that other (unconnected) parties would have offered a similar amount.

The other clubs are already having their say.

posted on 16/7/11

City would have run at a profit if they hadn't replaced practically the whole squad in the space of 5 transfer windows - Something that wouldn't be repeated with or without the FFP rules.

posted on 16/7/11

All transfer fees are spread over the length of the respective contracts so all new players are included until their initial contracts come to an end.
So virtually the whole squad's transfer fees will be incuded this time next year.

posted on 16/7/11

You seem to be confusing the statutes of law with arbitary rules that are being laid down by a self-governing body.

If UEFA want to go down this line then all sponsorship deals should be decided by public auction with no American companies being allowed to bid on United, no Russian firms on Chelsea etc.

If it was found that any member of the extended Glazer family owned as much as one share in AON then that deal should be scraped forthwith.

posted on 16/7/11

Boris, I am sorry to say this but you have no idea what you are talking about. The FFP Rules are basically a contract which is legally binding and has the full force of international law. As an international lawyer I can assure you I am not confused about anything. It is the entry requirements for UEFA competitions. If City don't want to enter them, they don't have to comply with the rules but if they do want to enter they have to comply with the rules, very simple really. Its how the rules are interpreted that is important and that could very well end up in court if UEFA decide to interpret them strictly.

posted on 16/7/11

You're the one using terms like 'Burden of Proof'. City haven't been charged with anything, UEFA said they will look at the details of the deal.

Garry Cook has said all along that UEFA were consulted on a weekly basis as the deal progressed and I doubt there would have been such a fanfare if the deal was in any doubt.

The shirt deal is worth less than Liverpools and the Stadium deal is comparable to other deals in Europe, especially Germany.

Another misnomer is the phrase FFP Rules, they are guidelines at the moment and won't be fully implemented for another 3 years. There was a piece in the Guardian the other day saying that Real Madrid and Barca may ignore them completely in the knowledge that UEFA would never exclude them from European competition. If that were the case and they tried to ban City then expect years of injunctions and litigation.

posted on 16/7/11

what choice do City have but to do what they did and hope it is enough. You can get your information from the newspapers if you want, but I assure you they are rules, not guidelines
just read them it makes interesting reading (if you are sad like me) http://www.uefa.com/MultimediaFiles/Download/uefaorg/Clublicensing/01/50/09/12/1500912_DOWNLOAD.pdf

Madrid and Barca may struggle to comply with them but Platini has staked his reputation on these rules, it will be interesting times ahead.

posted on 16/7/11

These regulations come into force on 1 June 2010 with the exception of
a) Articles 35, 53 to 56 and 64 to 68, which enter into force on 1 June 2011;
b) Articles 57 to 63, which enter into force for the financial statements of the
reporting period ending in 2012, as specified in Article 59(2).

posted on 16/7/11

Platini will be head of FIFA in 4 years time, his successor will be left to unravel the mess.

As for the wording of the rules which I certainly won't be ploughing through on a Saturday afternoon, isn't there a section where clubs are appraised by year-on-year improvements?

posted on 16/7/11

there are an awful lot of requirements but I think City are fine with all of them except maybe fair value.
And yes you could well be right about Platini, maybe even sooner.

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