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Just read Justin's post.
Typical lawyer, doesn't answer the key question. Can bf in any way access client funds in the trust, including loaning to bf? Can a situation arises where there is insufficient funds to cover customer balances? Excluding events beyond BF's control, BF's current financial state is irrelevant. As is the current investments. The issue is in the future when/if BF needs cash. Will they be able to access the funds in Trust by whatever mechanism? trust additional rights (look up "tracing" and restitution if you want) "tracing" and restitution to a bankrupt company is the issue and why I still say its worth sweet fa. |
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Obviously pxb hasn't read it or worse, and more likely, has read it and doesn't understand a word of it.
What a first class twit. |
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Hello there pxb.
The whole reason that trusts are set up is to keep the money separate from the company. Only the trustees have the power to control the money not the company. Sure the employer could request that the trustees do something with the money but all they can do is request. The trustees have a legal duty to act in the best interests of the beneficiaries, all beneficiaries and not the company. If they fail to do this and act on behalf of the company at the expense of the beneficiaries they can face custodial sentences. That's probably the biggest reassurance you can get/or be given. You can ask the trustees to personally assure you that they wont act dishonestly, but when was the last time someone didn't say they would act honestly before they went on their alernative course of action. |
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UA,
The Trustees are directors of BF. The suggestion that fraud is the issue is another red herring. As directors of BF, the trustees would have a strong good faith defence if they did loan the money to BF or invest in bf. Since as directors their responsibility is to act in the best interest of shareholders. I can't find the trust deed someone posted earlier, but in essence it says the trustees can do whatever they like when it comes to investments and that includes loaning money to BF. I'm not a lawyer, but I do know that in law, whatever is not specifically prohibited is allowed. As a final point, anyone who thinks BF;s business can't implode in a matter of weeks simply doesn't understand the business. In a matter of a few days I've watched perhaps 10% of BF's volume in the current Test match go over to the other place. I should know, I'm one of the biggest traders in that market at both places. |
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Never shy of blowing your trumpet are you pxb
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My last post got lost due to a dodgy internet connection,
The main point is, BF is the sole benificiary of investment gains, but customers bear all loses from the trust. A recipe for progressively riskier investments. Anyway as an Australian, I will have better protection than others, but will still write to the Tassie Gaming commision to find out exactly what the situation is. |
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Rocket,
Not sure why I got up your nose. Unlike some here, I say what I do only to give some credence to the statements I make. If it comes across as bragging then all I can say is that's not my intent. |
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You didn't get up my nose.
But how can this not look like bragging I should know, I'm one of the biggest traders in that market at both places. |
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I think you are being a bit too simplistic.
For starters if you had a fund of £X gazillion pounds as a trustee you are sure as hell going to take Independent Financial Advice as to what to do with that money. Given that returns on the money is not important it is the security of that money the IFA is certainly not going to recommend that the overwhelming majority of this money does not go into anything but the most secure of investments. Afterwards you are within the realms of the FSA and all of their regulations. As well as this you have the person who created the trust saying that the funds are 100% ringfenced. Unless you can get them to give you the money and you bury it out in a desert in Western Australia the location of which only you know, you are not going to get much more assurance than what you already have that your money is safe. |
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As well as this you have the person who created the trust saying that the funds are 100% ringfenced.
He is a lawyer. His responsibility is to the client paying him. Unless you can get them to give you the money and you bury it out in a desert in Western Australia the location of which only you know, you are not going to get much more assurance than what you already have that your money is safe. You are sounding like a paid BF schill. What is required is independent trustees and specific constraints on the investments permitted. And the Western Australia reference pretty much confirms you are a schill who has accessed my BF profile. |
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Is this twit for real ?
I've always said he's sad and delusional ( aka Walter Mitty), now we can add paranoid. How many times has he said that he's posting on WA time ?. |
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As directors of BF, the trustees would have a strong good faith defence if they did loan the money to BF or invest in bf. Since as directors their responsibility is to act in the best interest of shareholders.
---------- I'm not sure how you think that follows. |
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And you guys say I argue just for the sake of it ?
What pxb is saying is too stupid to respond to. At least both sides of the PC debate have some merit, this debate is just too stupid for words, particularly considering the lengthy reply that nemesis made, which was phrased (deliberstely I would think) in a pretty non-legal manner for the general benefit of all reasonably intelligent readers on here. |
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however, there is a legitimate point in there which Justin as yet hasn't addressed.
as bf bears little of the risk but all of the benefit from trust investments, having bf people on the board creates an apparent conflict of interest. particularly bf people whose personal wealth is determined by the performance of the company. there are three ways I can see to remove that appearance. 1) entirely independent trustees. 2) explicit limits on investment risk written into the deeds. 3) real time transparency on trust investments. 3 doesn't seem massively practical. 2 seems simplest. |
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1) nemesis addressed this specifically. You didn't like his answer ?
2) covered already in standard boilerplate style. 3) I don't understand tbh. |
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Btw do you put funds with HS bookies with their ring fence protections ?
What are purple's ? Name a better ( or even remotely comparable) ring fence anywhere else in the gambling world ? Why oh why are you all so negative on anything and everything BF does or tries to do ?. So fckin tiring to read all the time. If you don't like BF's modus operandi then walk. Do you actually get some sort of kick out of kicking the animal that has ( in many cases ) set you up for life ?. Is this some sort of peculiar English disease ? |
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And yes you're right, I'm realled p!ssed off with all those HT draws on the J league ?.
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Presidente,
Basically directors approve major business decisions as being in the interest of shareholders. If they have already approved a decision say to start a new subsidiary, then approving the Trust to invest in it is essentially the same decision. |
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Fckin codswallop.
Would most certainly not want this idiot pxb near any trust fund with my monies in it that's for sure. |
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ffsfafh
have you actually read the thread? I've been broadly supportive of BF throughout it, yet off you go on one of your semi-coherent rants about negativity. but the conflict of interest argument hasn't been addressed, and there is nothing in the deeds - unless you want to cut and paste something that proves different - that specifically mandates investment in only the least risky securities. |
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Presidente,
Basically directors approve major business decisions as being in the interest of shareholders. If they have already approved a decision say to start a new subsidiary, then approving the Trust to invest in it is essentially the same decision. ---------- no, that's completely wrong. if it ever came to a situation where they were in court - and I'm sure it never will - they would be there solely in their capacity as trustees. acting in the interests of the company would be no defence to a charge of failing to act in the interests of the trustees. |
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Viva
Hands up from me. Not because you are right but just because your making something out of nothing. If you really think this trust deed of BF's is not adequate, then perhaps you have just not read enough trust deeds. ( God help you if you have, as they have to go down as being one of the more boring narratives to grace this earth). It's all pretty much boilerplate type language. BF's trusst deed here is no more or less protective/deining of permitted investments than most ( if not all) others in comparative type ring fencing situations. As I said, put up info on better ones engaging in similar type activiies, and point out the weaknesses/shortfalls in BF's wording, and maybe you have something real to complain about. Otherewise it's all a pointles debate just for the sake of a debate. It is of no apparent material intersest or concern at all to the external investment community, whos study these things fairly closely. |
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"---you're making---"
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+---more or less protective/defining ---"
It's too early for me at the moment. Not my usual posting time window. |
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Presidente,
If the directors decide an investment is in the interests of BF shareholders, then that must be a sound investment for others including the trust. I see a decision on behalf of shareholders and the trust as substantially the same thing. Ensuring others money is spent/invested wisely. |
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Otherewise it's all a pointles debate just for the sake of a debate.
---------- surprised you're not more enthusiastic about it then. |
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no, pxb, that doesn't follow at all. it's like saying that if an investment's in the interest of the company invested in, it must by definition also be in the interest of whoever's money is invested.
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I'm guessing Nemesis is reading the follow ups to his post and banging his head off the monitor, slowly losing the will to live [:)]
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FAFH
"It is of no apparent material interest or concern at all to the external investment community, whos study these things fairly closely" Is this the same investment community that valued Betfair's IPO shares so badly? Is this the same investment community that "studies these things fairly closely" but still does not understand how exchanges, let alone Betfair, works? Obviously Betfair is concerned with the topic of this thread, and customer's attitudes expressed, to put up their lawyer in response. That Betfair are at least communicating on real issues rather than tiresome public relations froth is justification alone for this thread. |
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Just Checking
23 Jul 11 13:34 Joined: 25 Jun 06 | Topic/replies: 7,265 | Blogger: Just Checking's blog I'm guessing Nemesis is reading the follow ups to his post Not a chance in hell. |
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Presidente,
Directors are responsible for how shareholder money is spent/invested. Their responsibility isn't to the company as such. Neither of us are lawyers, so lets agree to differ on this. I have Froggie blocked, but to answer his resposted (rhetorical) question. The pc is a clever and subtle beast. And there will be very few outside bf and this forum who really understand what it is doing. I would be astonished if any financial analyst understood its ramifications. |
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aye robot
Date Joined: 17 Jan 08 Add contact | Send message When: 18 Jul 11 21:15 Joined: Date Joined: 17 Jan 08 | Topic/replies: 496 | Blogger: aye robot's blog Customer funds are ring fenced and contrary to popular myth Betfair don't earn interest on them. Getafix Date Joined: 13 Jul 10 Add contact | Send message When: 18 Jul 11 21:23 Joined: Date Joined: 13 Jul 10 | Topic/replies: 127 | Blogger: Getafix's blog maybe I misinterpret the annual results but at the bottom of page 12: http://corporate.betfair.com/~/media/Files/B/Betfair/press-releases/2011/2011-06-29.pdf? it quotes: Revenue from the management of customer funds held on deposit in separate ring fenced accounts grew by 30.9% to £3.3m, reflecting the increase in the average level of customer deposits held during the period and a slightly higher interest rate environment. Look at the balance sheets for "management of customer funds", looks to me they do earn interest. As Getafix pointed out, Betfair obviously do receive interest payments from our funds! I also was told in an email from Betfair that "Betfair also do not make any money on interest from customer's who leave their funds in their Betfair accounts.". I think because there are different companies within the Betfair group, they say something like 'oh no, we don't get anything' because another company within the Betfair group gets that. It's incredibly stupid that Betfair can misinform its customers like that and I think an apology is in order. |
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Hello there pxb.
Everyone has the right to feel how they feel about how secure their funds are. I've stated my stance, and i understand yours. I really can't be bothered with anymore arguing on the subject as it quickly becomes arguing for the sake of it. You have stated on previous posts your location, apologies for remembering this, perhaps I should spend more time arguing and not reading other people's posts. Anyway it saddens me that you resorted to stating that I have a financial arrangement with BF. I would happily deny it but i'm concerned that you would still not believe me even if I did. Please don't take this the wrong way but this is the best way I can prove to you that I have no financial connections to BF. I can only apologise for my rudeness. You are a drongo. Please take your money elsewhere and never place any bets with betfair ever again. There how many employees would insult their customers and tell them not to use their service. I hope this is enough proof for you of my lack of connection to the company. No hard feelings. |
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^ clearly a double bluff, and therefore proof UA is a shill.
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For starters if you had a fund of £X gazillion pounds as a trustee you are sure as hell going to take Independent Financial Advice as to what to do with that money. Given that returns on the money is not important it is the security of that money the IFA is certainly not going to recommend that the overwhelming majority of this money does not go into anything but the most secure of investments.
Afterwards you are within the realms of the FSA and all of their regulations. UA, for someone who is now implying you are now a regular Aussie punter, you are remarkably well informed about the UK regulatory environment. And I'm pretty sure I only ever refer to my location on the cricket forum. |
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Hey up there pxb, i wasn't aware that I had ever implied that I was an Aussie punter. I'm not by the way in case you were wondering.
As for you referring to your location I recall that when Betfair advertised a job on the general betting forum you stated that you would have been a good candidate for the job apart from the fact that you lived 8 time zones away. I'm fairly sure you have made other references to Aussie markets you bet in as well. I think you referred to Perth at one point, i do hope you live there. Perth's a very nice place, unless you like your wine and a slightly quieter life then Margaret River is a good place to be. |
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How would all this ring fencing business work if any big hitting customers had some sort of credit facility. Which has been rumoured but may or may not be true.
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PXB - you might want to review your statement "And I'm pretty sure I only ever refer to my location on the cricket forum." made on 24 July 11 at 01:09.
You stated the following on another thread about beating the clock on the General Forum made on 23 July 11 at 15.24 "about BF;s license in OZ specifically prevents them trading in their own markets (so I understand). Next time there is an international game at the WACA I might go down and see if it is happening here." Hope this helps. |
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Siverback
Then I would assume that BF would have a specific charge over the specific monies held in BF accounts by those customers at any specific time. Don't see how it would have any actual or potential negative effects the ring fencing ofmonies of non-credit customers. Do you see it differently ? |
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It would if they offered it to every customer.
Not likely but I thought that was how those things were accounted for. |