16 Clubs’ Financial Records
16.1 All Clubs shall keep their financial records in accordance with the provisions of The Football Association Rules and the Executive may arrange for an inspection of all such books.
16.2 Each Club shall submit a copy of its Annual Accounts (as defined in Regulation 16.3 below) to the Executive, but in any event:
16.2.1 by no later than 1st March following the end of the financial year to which those Annual Accounts relate (in the case of a Championship Club); or
16.2.2 by no later than the date on which the Club is required to file its accounts at Companies House (in case of League One and League Two Clubs).
16.3 For the purposes of this Regulation 16, Annual Accounts means the annual accounts in respect of the Club’s most recent financial year (such accounts to be prepared and audited in accordance with applicable legal and regulatory requirements) together with a copy of the directors’ report for that year and a copy of the auditors’ report (if any) on those accounts.
16.4 If the Club considers it appropriate, or the Executive so requests, the Annual Accounts required to be submitted in accordance with Regulation 16.2 shall relate to the Group of which the Club is a member.
16.5 Where a Club relies on any statutory and/or regulatory exemptions such that the Annual Accounts are either abbreviated in nature or unaudited the Club shall within 14 days of any request provide to the Executive such additional information as the Executive deem appropriate. Any information request will ordinarily be limited to information that would be disclosed if the Club was required to prepare annual accounts under the provisions of Section 396 of the 2006 Act and The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 (as may be amended or replaced from time to time) other than the requirement to have an audit report prepared.
16.6 The Board shall have the powers set out in Regulation 16.7 if:
16.6.1 the Club has failed to submit to the Executive the Annual Accounts as required by Regulation 16.2;
the Club has failed to submit to the Executive Annual Accounts for the Group where requested by the Executive in accordance with Regulation 16.4; and/or
16.6.2 the Club has failed to submit to the Executive any additional information as required by Regulation 16.5, to the Board’s satisfaction.
16.7 The powers referred to in Regulation 16.6 are:
16.7.1 to require the Club to provide such further information as the Board shall determine and for such period as it shall determine; and
16.7.2 subject the Club to a registration embargo such that it shall not be permitted to register any Player with that Club without the prior written consent of the Executive until such time as the breach identified by Regulation 16.6 has been rectified in its entirety to the Board’s satisfaction.
16.8 Regulations 16.1 to 16.4 and Regulations 16.20 to 16.22 inclusive shall apply to all Clubs. Regulations 16.5 to 16.7 inclusive shall not apply to Championship Clubs and the remainder of this Regulation 16 shall apply to Championship Clubs in substitution of Regulations 16.5 to 16.7. To enable the Executive to apply Regulations 16.21 and 16.22 to all Clubs (as opposed to just Championship Clubs) each reference to ‘Championship Club’ in Regulations 16.16 to 16.20 inclusive shall be deemed to read ‘Club’ for that purpose (but not otherwise).
16.9 The Annual Accounts for a Championship Club must, in addition to the requirements of Regulation 16.3:
16.9.1 be accompanied by an auditors’ report and a directors’ report;
16.9.2 include separate disclosure within the balance sheet or notes to the Annual Accounts, or by way of supplementary information separately reported on by its auditors by way of procedures specified by the Executive, of the total sums payable and receivable in respect of Transfer Fees, Compensation Fees, Loan Fees and any subsequent payments which become due under the terms of any transfer; and
16.9.3 include a breakdown within the profit and loss account or the notes to the accounts, or by way of supplementary information separately reported on by its auditors by way of procedures specified by the Executive, of revenue in appropriate categories such as gate receipts, sponsorship and advertising, broadcasting rights, commercial income and other income.
16.10 If the auditors’ report on the accounts submitted pursuant to Regulation 16.9 contains anything other than an unqualified opinion without modification, the Championship Club shall at the Executive’s request submit such further documentary evidence as the Executive shall require (including but not limited to Future Financial Information).
16.11 If the Annual Accounts of a Championship Club (or, if applicable, the Group) submitted pursuant to Regulation 16.2 (and 16.4 as applicable) are prepared to a date prior to 30th November in the Season of submission, such Club or Group shall by the following 31st March submit to the Executive interim accounts covering the period commencing from its accounting reference date and ending on a date between the following 30th November and 1st March.
16.12 The interim accounts shall:
16.12.1 comprise a balance sheet, a profit and loss account, a cash flow statement and relevant explanatory notes;
16.12.2 be prepared in accordance with the accounting principles adopted in the preparation of the Championship Club’s Annual Accounts;
16.12.3 be presented in a similar format to the Annual Accounts including as regards the matters set out in Regulation 16.9;
16.12.4 include in the profit and loss account and cashflow statement comparative figures for the same period in the preceding year;
16.12.5 include a balance sheet as of the end of the preceding financial year;
16.12.6 be approved in writing by the board of directors of the company to which they relate; and
16.12.7 be reviewed or audited in accordance with applicable regulatory requirements.
16.13 Regulation 16.10 shall apply to the interim accounts (with appropriate modification) if the auditors have issued anything other than an unqualified opinion without modification on them.
16.14 Each Club must by 7th April in each Season provide evidence to The League to confirm that, subject to Regulation 16.15.2:
16.14.1 it has satisfied all Transfer Fee, Compensation Fee, Loan Fee or subsequent payments which had by the 31st December (Relevant Date) become due under the terms of any transfer; and
16.14.2 it had as at the Relevant Date paid all sums due and payable to or in respect of an employee employed during the relevant calendar year (including national insurance contributions and income tax deducted under the ‘pay as you earn’ system).
16.15 For the purpose of Regulation 16.14:
16.15.1 ‘employee’ means any of the following:
(a) a Player;
(b) the Manager;
(c) the Official responsible for running the daily business of the Championship Club with the support of a sufficient number of administrative staff in suitable and appropriately equipped offices, who can be contacted during normal office hours;
(d) the Official who shall hold a nationally recognised qualification as an accountant or auditor, or who has sufficient experience to demonstrate their competence as such, who shall be responsible for the Championship Club’s finances;
(e) the press or media officer (holding a nationally recognised qualification in journalism or who has sufficient experience to demonstrate their competence as a press or media officer);
(f) the Academy Manager (appointed in accordance with Youth Development Rule 51);
(g) the Team Doctor (appointed in accordance with Regulation 35.2);
(h) the Senior Physiotherapist (appointed in accordance with Regulation 35.3); and
(i) the Championship Club’s safety officer;
16.15.2 an amount overdue as at the Relevant Date shall not be treated as such if by the following 31st March it has been paid or the date for payment has been extended by means of a written agreement with the creditor or it is the subject of current litigation or arbitration proceedings or has been submitted to a dispute resolution procedure of the League, the Football Association, the Premier League, UEFA or FIFA.
16.16 By 31st March in each Season, each Championship Club shall submit to the Executive in respect of itself (or if the Championship Club considers it appropriate or the Executive so requests in respect of the Group of which it is a member) future financial information (‘Future Financial Information’) comprising projected profit and loss accounts, cash flow, balance sheets and relevant explanatory notes commencing from its accounting reference date or, if it has submitted interim accounts pursuant to Regulation 16.11, from the date to which those interim accounts were prepared and expiring on the next accounting reference date after the end of the following Season. The projected profit and loss accounts, cash flow and balance sheets shall be prepared at a maximum of six-monthly intervals.