HISTORY OF BMGC POST 1996
In
1996 under the leadership of the then Chairman, Martin Brockington, the
Committee decided to apply for a Sportlot grant to build a hanger and clubhouse
as the existing facilities were deteriorating rapidly and were insufficient to
meet the needs of the members.
Advisors
indicated to us that our Sportlot application was destined to be turned down
because Derrick Eckley (DE) and family owned the land on which the proposed
hangar and clubhouse were to be built.
At
this time, the Club hired the field from DE, purchased tugging services from
The Tugging Company (also DE), it just owned the gliders housed in the hangar
built and owned - being part of the freehold land - by DE.
The
Committee decided to look to the long-term direction and security of the Club
and entered into negotiations with Derrick for the purchase of the airfield
land (approx 29 acres) and The Tugging Company business. A year later,
agreement was reached with Derrick and the purchase of land and tug business
was finalised
Finance was raised as follows:
|
Business
Mortgage |
60,000 |
|
Two
Flexible business loans |
30,000 |
|
Debentures |
81,800 |
|
Member
loan to BMGC |
28,000 |
|
|
|
|
Total |
199,800 |
Expenditure:
|
Land |
140,000 |
|
Tug
Business |
30,000 |
|
Hangar
and clubhouse 30% Of
Sportlot grant |
21,000 |
|
Legal
fees in setting up TAL |
8,800 |
|
|
|
|
Total |
199,800 |
At
significant cost legal advice was sought and in due course it was decided that
two companies were needed to provide the correct structure, tax effectiveness,
security for share (debentures) holders and the ordinary members and officers
of the gliding operation.
In
order to protect the debenture stockholders Talgarth Airfield Limited (TAL) was
created to become owner of the land with three directors and three trustees.
This Limited Company ring fenced the debenture holders stock and provided
protection in the event of BMGC as a club failing and its assets thus
automatically becoming the property of the BGA. In effect TAL gave BMGC a lease
of 99 years and would collect rent from BMGC for the use of the airfield.
To
explain why things were structured the way they were: -
a) BMGC was in a poor state financially and
there was a significant risk that it could fold as a business if it were more
financially loaded - in effect it needed to be able to buy in its services of
airfield and tug as before - the airfield could be rented from TAL, the Tugging
Company invoice was to be replaced by a mortgage repayment.
b) The
Committee was asking people to put money into a project - the only tangible
asset that could be offered as collateral or security for them was the inherent
value of the airfield land - thus this asset needed to be managed separately.
c)
Sportlot
would only entertain bids for grants involving property development when the
land was owned by the bidder Society/Club/Company and where no situation could
arise whereby it could be viewed that a single family or individual would be
seen to benefit from the grant.
In
the meantime Company Law has altered relative to the trade between
"linked" companies. Nevertheless the main principles still stood.
There was a need to prevent the
potential scenario whereby any of the following could be set up: -
i) The
land being taken into the control of the BGA following any collapse of the Club
ii) A small group, or an individual, being able to gain ownership
of the airfield against the wishes of the majority of the Gliding Club
members
iii) In the short term, the financial value of the gliding club
being inflated by the value of the land.
iv) The situation where debenture holders would see that they
jointly and severally owned the gliding club equipment as well as the field, or
were entitled to a profit share / dividend resulting from BMGC activity.
In
summary two companies were established:
TAL
- owning and keeping the field fenced and in condition - renting that serviced
field to the Gliding Club on a long-term agreement.
BMGC
- hiring the field from TAL, owning the flying kit, owning and running the
tugging facility, putting up buildings, running the Club operation totally.
Both
Companies have a similar structure as regards needs for directors etc - however
TAL is effectively "subservient" to BMGC - this because only BMGC
members can act as TAL directors. This is a critical point - if the BMGC
members see something happening in TAL (the debenture holders effectively)
which they do not consider acceptable, the relatively simple step of managing
that is via the director selection/dismissal route. Remember that with the
passage of time, it is quite feasible to have a BMGC and TAL directorship that
has not one debenture between them thus no vested interests in play.
TAL
was born in the full knowledge that it was effectively a transient company that
provides protection for the debenture holders until the last debenture is paid
off. The edges of the two Companies have been blended somewhat over the years.
As soon as all debentures are cleared, TAL can be "hived into" BMGC
and cease to exist or operate. In the meantime, the existence of TAL does not
pose any negative aspects to the debenture members - just an additional
paperwork load for the committee.
Much
has happened since we took over running the club on behalf of the members The
old hangar has gone as is the caravan and wooden buildings around the oak tree
and in its place we have a new hangar and club house. When we started in 1998
our turnover was £45,000 and our liabilities amounted to £209,000 we had no
track record and a great deal of our business plan was based on a wing and a
prayer. We now have a turnover of £108,000 and liabilities of £91,000, in effect we have more than doubled
our turnover and more than halved our liabilities over a period of 7 years. Our
track record with the bank and our trade creditors is excellent as is our image
as a well-run gliding club.
Don
Gosden
Treasurer
BMGC AGM
2006