Former Rochdale AFC chief executive David Bottomley, Andrew Curran and Darrell Rose banned by EFL for two years

Former Rochdale AFC chief executive David Bottomley, Andrew Curran and Darrell Rose have been banned by the English Football League (EFL) from operating as a 'relevant person' for two years, after failure to comply with EFL regulations following the acquisition of shares in the club by Morton House in July 2021.

The individuals have been the subject of disciplinary investigations by the EFL regarding a 'hostile takeover' of the club last summer. They have been banned by the EFL from operating as what the EFL refers to as a relevant person, which the EFL defines as any individual person operating the powers that are usually associated with the powers of a director of a company incorporated under the 2006 Act.

The attempted takeover became subject to an EFL investigation in August 2021 as to whether "the club, any official, any relevant person(s) and/or any other persons involved complied with the requirements of the regulations in respect of the acquisition of shares in the club in July 2021."

The EFL said at the time that: "It is alleged that Morton House MGT acquired control of the club, and a number of individuals became relevant persons without the prior consent of the EFL in accordance with the Owners’ and Directors’ Test (OADT)."

The 'takeover' was abandoned in August 2021 after those involved withdrew from the EFL Owners’ and Directors’ test and the shares in Rochdale AFC purchased by Morton House were transferred in August 2022 to a consortium of seven individuals, who are all currently serving members of the club’s board of directors.
 

Read more: Rochdale AFC becomes 100% fan-owned as 'hostile takeover' lawsuit is settled and Morton House agrees to transfer sharesPublished: 26 August 2022

In March 2022 following a comprehensive investigation, the EFL charged the football club and David Bottomley, Andrew Curran, Darrell Rose and Faical Safouane with alleged breaches of EFL Regulations relating to the Owners and Directors Test, which require any relevant person(s) to comply with provisions relating to purchase of shares.

The EFL says an independent disciplinary commission has determined that David Bottomley, Andrew Curran and Darrell Rose have been banned from operating as a relevant person for two years, whilst Faical Safouane has been handed an 18-month ban.

Rochdale AFC is also to be deducted six points, suspended for two years.

All parties, who are also required to meet the commission’s costs, pleaded guilty to the charges at a hearing in September 2022 and have 14 days to appeal.

The EFL will publish the judgment online in due course.

EFL CEO Trevor Birch said: “The updated Owners’ and Directors’ Test is a crucial element of the EFL’s regulatory responsibilities in the interests of all its member clubs, their supporters and everyone else involved or interested in football.

'The breaches in this case were serious as they deprived the EFL of the ability to carry out the necessary investigations into the identity of the proposed new owners, their proposed business plans, and the ultimate source and sufficiency of funding necessary to support those plans.

'These sanctions serve as an appropriate reminder to clubs, their officials and potential owners that disregarding those requirements can lead to significant consequences as this case has proved.”

In a statement released by the club, Simon Gauge, Rochdale AFC chairman, said: “We welcome the EFL’s conclusions after a very long and exceptionally detailed investigation into an opaque and unwanted hostile takeover attempt in July 2021 of Rochdale Association Football Club by Morton House and which has been found to have breached EFL rules.

“A club can only ever act through its directors, employees or other agents. Their acts and omissions are also the club’s acts and omissions hence the club’s guilty plea. The governance of the club during the period leading up to the removal of directors at an EGM on 1 June 2021 was not of a suitable standard for an EFL member club.

“We are pleased the regulator has acted fully and decisively against the role of the club and four individuals to send a strong message throughout football. We hope the EFL continue to prevent individuals that do not meet the EFL threshold for an OADT and who are unable to prove the source and sufficiency of their funding, like Morton House, away from the game we all love.

“As chairman I have recruited a new larger board of committed people with different skills and experiences and comprising a mixture of eight serving directors, including Supporters Trust representation and three non-executive directors to ensure the governance model of the club is secure and on the right footing.

“We are pleased that the investigation has reached its conclusion and we now look forward to focusing our efforts on working towards our short, medium and long-term aims for the benefit of Our Town, Our Team, Our Club.”