New owner? Or did Diego ever own the club?
Posted: Sun Jan 22, 2017 4:54 pm
The latest extraordinary twist in this ever unfolding story of the club's sale and financial calamities is that the actual owner of Morecambe FC is a man called Graham Burnard. Given the documentation now available, it basically states that Diego Lemos never owned a majority share of Morecambe FC.
Back in April 2016, Diego Lemos was in the UK setting up two businesses. The first company was called Sport 99 Ltd, incorporated on 29 April and registered at Morton House in Co. Durham (1) (the home of Graham Burnard) (2).
The second company was called G50 Holdings (3) and was registered again at Morton House and incorporated on 18 May. According to the papers filed the company issued 1 share that day representing 100% of the company and this was owned by Diego Lemos. This company, according to a tweet from Marlin and the BBC (7), was the vehicle used to acquire PMG's shares in Morecambe FC. So, until very recently, we've been led to believe that it was Diego who owned the club.
However, new papers filed by G50 Holdings (4) now show that not to be the case. On 11 January 2017 Diego Lemos resigned as a Director of the company (another director or the company secretary can sign the paperwork on behalf of the resigning director). That same day Graham Burnard became a Director.
Then on 17 January, G50 filed paperwork (4) (5) that said that later in the day on 18 May, after the company issued 1 share to Diego, it then issued a further 99 shares, making a total of 100, of which Graham Burnard owned 99 and Diego just 1. It basically says that when PMG's shares were acquired by G50 Holdings they were bought by a company controlled by Graham Burnard and not Diego Lemos. The problem is that it took 8 months from the issue of the shares to actually filing the paperwork.
Graham Burnard is clearly a successful businessman. An accountant who has owned sportswear companies and much more. The change in the ownership situation may be great news for the club as I have no idea what personal or other financial means he has at his disposal. Let's hope he has loads.
These paragraphs from a court case in 2014 involving Mr Burnard make interesting reading though (2). In a long legal battle over the family estate the Judge said in his summing up:
"Graham and Paul
114. Graham and Paul’s explanations of the execution of the stock transfer forms dated 23rd August 2007 is wholly unbelievable. It is not in dispute before me that someone has forged Goff’s signature on the forms. It is to my mind unbelievable that Goff would have presented forms on which his signature had been forged to Graham and Paul for their signature.
115. It is the more unbelievable when put into the context of the events that happened at about that time in relation to the shares. It will be recalled that Goff discussed with Ms McCaslin the possibility of leaving the shares to his sons on the basis that they paid the income to Stella for 10 years. On 4th September 2007 Goff executed the will leaving the shares to his 3 sons. If he had already transferred the shares to his sons I would have expected him to have informed Ms McCaslin. If he had done this the provisions in the will would have been different.
116. It is also notable that Mr Hughes understanding of what Graham told him on 25th September 2007 is different from the effect of the transfers.
117. I am driven to the conclusion that the transfers were forged by one or other of the sons on an unknown date. All 3 of the sons were aware of the forgery.
118. Graham’s evidence in relation to the letter of 14th September 2007 is also unsatisfactory. It seems to me that Graham did hand the signed copy of the letter to Ms McCaslin on 24th September 2007. It will be recalled that the letter was addressed to Mr Sim. Graham accepted that he handed over the TR1 on 24th September 2007. He was not able to suggest any other letter he might have handed to Ms McCaslin. It is clear that the signed letter was on Hay & Kilner’s file. To my mind the most likely explanation is that, for whatever reason, Graham did create the letter and did forge his father’s signature on it at some time between 15th September 2007 and 24th September 2007. Stella was aware of the forgery and at some was provided with a copy."
Graham Burnard was also involved as Chairman of Bedlington Terriers (6). There is no evidence he ran the club in anything other than to the best of his abilities and did everything possible to ensure its success.
I wonder whether he's been down to see his new club?
(1) Take a look around £1.3 million manor house http://www.chroniclelive.co.uk/news/pro ... r-11328123.
(2) Burnard vs Burnard - "Graham's house" http://www.familylawhub.co.uk/default.aspx?i=ce3812
(3) G50 Holdings https://beta.companieshouse.gov.uk/company/10187053
(4) Share capital document G50 Holdings - https://s3-eu-west-1.amazonaws.com/docu ... cation-pdf?
(5) Confirmation statement G50 Holdings - https://s3-eu-west-1.amazonaws.com/docu ... cation-pdf?
(6) Bedlington Terriers http://www.newspostleader.co.uk/news/cl ... -1-1617352
(7) G50 acquired PMG's shares - http://www.bbc.co.uk/news/live/uk-engla ... e-38612551 (search Lemos)
Back in April 2016, Diego Lemos was in the UK setting up two businesses. The first company was called Sport 99 Ltd, incorporated on 29 April and registered at Morton House in Co. Durham (1) (the home of Graham Burnard) (2).
The second company was called G50 Holdings (3) and was registered again at Morton House and incorporated on 18 May. According to the papers filed the company issued 1 share that day representing 100% of the company and this was owned by Diego Lemos. This company, according to a tweet from Marlin and the BBC (7), was the vehicle used to acquire PMG's shares in Morecambe FC. So, until very recently, we've been led to believe that it was Diego who owned the club.
However, new papers filed by G50 Holdings (4) now show that not to be the case. On 11 January 2017 Diego Lemos resigned as a Director of the company (another director or the company secretary can sign the paperwork on behalf of the resigning director). That same day Graham Burnard became a Director.
Then on 17 January, G50 filed paperwork (4) (5) that said that later in the day on 18 May, after the company issued 1 share to Diego, it then issued a further 99 shares, making a total of 100, of which Graham Burnard owned 99 and Diego just 1. It basically says that when PMG's shares were acquired by G50 Holdings they were bought by a company controlled by Graham Burnard and not Diego Lemos. The problem is that it took 8 months from the issue of the shares to actually filing the paperwork.
Graham Burnard is clearly a successful businessman. An accountant who has owned sportswear companies and much more. The change in the ownership situation may be great news for the club as I have no idea what personal or other financial means he has at his disposal. Let's hope he has loads.
These paragraphs from a court case in 2014 involving Mr Burnard make interesting reading though (2). In a long legal battle over the family estate the Judge said in his summing up:
"Graham and Paul
114. Graham and Paul’s explanations of the execution of the stock transfer forms dated 23rd August 2007 is wholly unbelievable. It is not in dispute before me that someone has forged Goff’s signature on the forms. It is to my mind unbelievable that Goff would have presented forms on which his signature had been forged to Graham and Paul for their signature.
115. It is the more unbelievable when put into the context of the events that happened at about that time in relation to the shares. It will be recalled that Goff discussed with Ms McCaslin the possibility of leaving the shares to his sons on the basis that they paid the income to Stella for 10 years. On 4th September 2007 Goff executed the will leaving the shares to his 3 sons. If he had already transferred the shares to his sons I would have expected him to have informed Ms McCaslin. If he had done this the provisions in the will would have been different.
116. It is also notable that Mr Hughes understanding of what Graham told him on 25th September 2007 is different from the effect of the transfers.
117. I am driven to the conclusion that the transfers were forged by one or other of the sons on an unknown date. All 3 of the sons were aware of the forgery.
118. Graham’s evidence in relation to the letter of 14th September 2007 is also unsatisfactory. It seems to me that Graham did hand the signed copy of the letter to Ms McCaslin on 24th September 2007. It will be recalled that the letter was addressed to Mr Sim. Graham accepted that he handed over the TR1 on 24th September 2007. He was not able to suggest any other letter he might have handed to Ms McCaslin. It is clear that the signed letter was on Hay & Kilner’s file. To my mind the most likely explanation is that, for whatever reason, Graham did create the letter and did forge his father’s signature on it at some time between 15th September 2007 and 24th September 2007. Stella was aware of the forgery and at some was provided with a copy."
Graham Burnard was also involved as Chairman of Bedlington Terriers (6). There is no evidence he ran the club in anything other than to the best of his abilities and did everything possible to ensure its success.
I wonder whether he's been down to see his new club?
(1) Take a look around £1.3 million manor house http://www.chroniclelive.co.uk/news/pro ... r-11328123.
(2) Burnard vs Burnard - "Graham's house" http://www.familylawhub.co.uk/default.aspx?i=ce3812
(3) G50 Holdings https://beta.companieshouse.gov.uk/company/10187053
(4) Share capital document G50 Holdings - https://s3-eu-west-1.amazonaws.com/docu ... cation-pdf?
(5) Confirmation statement G50 Holdings - https://s3-eu-west-1.amazonaws.com/docu ... cation-pdf?
(6) Bedlington Terriers http://www.newspostleader.co.uk/news/cl ... -1-1617352
(7) G50 acquired PMG's shares - http://www.bbc.co.uk/news/live/uk-engla ... e-38612551 (search Lemos)