Review of the Registered Clubs Industry in NSW - Clubs NSW

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11 Making it easier for clubs to amalgamate – Identifying the full extent of assets and liabilities of the other club. This is especially important for parent clubs as they will assume the other club’s business. – Checking the compliance of the clubs involved in relation to the Registered Clubs Act and other related legislation. An example of this would be checking for building compliance with relevant standards and regulations. – Modelling the viability of the amalgamated club under various scenarios to consider the risks and possible impacts of amalgamation, particularly in the case of a parent-other model where the parent is ‘saving’ a struggling other club. – Determining how much assistance the parent/stronger club should provide or can afford to provide to the other/struggling club prior to and after the amalgamation. Operational considerations that the clubs need to negotiate, such as: – the business and management structure of the amalgamated club – the level of autonomy of the other club, including what services, amenities and traditions will remain – how memberships at the other club will be absorbed into the parent club and what benefits will remain or change – a charter of separate accounts for the other club’s core property/activities, to allow for the monitoring of the preservation of the other club’s main purpose post-amalgamation – the treatment of major assets and core property 204 – impacts on employment and existing staff, particularly for the other club – the strategic future direction of the amalgamated club and how this will impact on the individual clubs in the amalgamation – under what circumstances and after how long the parent club will consider or be allowed to close down the dissolved club, and any required consultation process. The availability of this step-by-step guide should help clubs to better understand and negotiate the complexity of the process. The guide may also make it cheaper for smaller clubs with limited resources because they would not need to rely so heavily on consultants and/or would be able to manage their consultants more effectively. 204 As defined in the Registered Clubs Act. 182 IPART Review of the Registered Clubs Industry in NSW
11 Making it easier for clubs to amalgamate Recommendation 54 That OLGR, in consultation with the industry, the Panel and the public, develop a comprehensive guide to amalgamation. It should be a comprehensive guide written in plain English that includes (but is not restricted to): – information on ways to approach an amalgamation – details on the legal requirements of amalgamation, how they should be carried out and in what order – a list of the major issues to consider when amalgamating, including financial, due diligence, operational and strategic planning matters. 11.3.2 Uncertainty about whether the amalgamation will get final approval As discussed above, after completing the six steps of the amalgamation process outlined in section 11.1.1, clubs are also required to finalise the amalgamation, including applying for a transfer of the other club’s liquor licence, and winding up the other club, including transferring its business and core property to the parent club. During this review, stakeholders expressed concerns about the previous administrative procedures in this final stage of the amalgamation process. Under these previous procedures, after step 6, if club members approved the amalgamation then the parent club needed to take the following additional steps: Making a conditional application to the Licensing Court for approval of the amalgamation. Transferring the other club’s assets and liabilities to the parent club: if the conditional application was approved, the other club usually went into voluntary liquidation as a means of winding up its business and transferring its assets and liabilities to the parent club. Making a further application to the Licensing Court for final approval of the amalgamation: this involved the parent club applying to have the other club added to its certificate of registration and the other club’s registration being dissolved. Stakeholders indicated that under these arrangements, when clubs gained conditional approval, there was no certainty that they would gain final approval, and this added to the difficulties of amalgamation. Review of the Registered Clubs Industry in NSW IPART 183
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Independent Pricing and Regulatory
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© Independent Pricing and Regulato
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Contents 6 Strengthening the financ
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Executive Summary Executive Summary
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Executive Summary estimated the val
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Executive Summary Therefore, IPART
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Executive Summary However, IPART al
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Executive Summary List of Recommend
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Executive Summary 15 Once the stand
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Executive Summary 29 That ClubsNSW
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Executive Summary 46 That ClubsNSW
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Executive Summary 60 That OLGR deve
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1 Introduction 1 Introduction Over
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1 Introduction 1.1.2 Review’s foc
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1 Introduction 1.2 Other reviews an
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1 Introduction 1.3 The structure of
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2 The registered clubs industry in
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3 Understanding the social contribu
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4 Measuring and reporting on club c
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5 Refining the Community Developmen
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6 Strengthening the financial viabi
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7 Improving clubs’ financial repo
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8 Establishing a Club Viability Pan
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8 Establishing a Club Viability Pan
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Page 173 and 174: 10 Helping clubs better understand
Page 183 and 184: 11 Making it easier for clubs to am
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Page 215 and 216: 13 Removing unnecessary regulatory
Page 221 and 222: 14 A framework for a management pla
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Page 229 and 230: A Terms of reference A Terms of ref
Page 231 and 232: A Terms of reference The proc
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Page 235 and 236: C List of submitters, roundtable pa
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D Gambling expenditure and problem
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E IPART’s methodology for recordi
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F ACG’s approach to measuring the
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G ClubsNSW - steps to establishing
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G ClubsNSW - steps to establishing
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Glossary and Abbreviations Glossary
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Review of the Registered Clubs Industry in NSW - Clubs NSW

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