RE: Caterham F1 - WTF?

Friday 24th October 2014

Caterham F1 - WTF?

PH attempts to untangle the bewildering situation unfolding at Caterham F1



As you will no doubt have heard, Caterham Sports Limited, the company that builds cars for the Caterham F1 team, has gone into administration, with staff locked out of the factory adding another twist to the tortuous tale unfolding over at the green team's Leafield base in Oxfordshire. But the genesis of Caterham's ownership wrangling and financial troubles runs way back to the end of June earlier this year.

Fernandes: "If you buy something you should pay for it."
Fernandes: "If you buy something you should pay for it."
The start
It's a convoluted story, too. According to a Caterham statement, the outfit that actually runs the Formula 1 team - 1 Malaysia Racing Team - was the subject of a deal between "Caterham Enterprises Ltd, Caterham (UK) Ltd and Sheikh Mohamed Nasarudin (Seller) and their shareholders Tony Fernandes and Datuk Kamarudin Bin Meranun, [who] entered into a Sale and Purchase Agreement with Engavest SA (Buyer) with regards to 1 Malaysia Racing Team/Caterham F1 Team."

Simply, Caterham F1's owners agreed to flog the team to Engavest SA. But it's claimed that Tony hasn't actually transferred ownership of the shares, despite no longer having a financial interest.

The middle
Earlier this month Fernandes disputed these claims as garbage, taking to Twitter (@tonyfernandes) of all places in a rather unofficial approach. His sentiment was clear: "If you buy something you should pay for it. Simple."

According to buyers Engavest, this has meant that it "has been left in the invidious position of funding the team without having legal title to the team it had bought." Something, it claims, is in contradiction to Fernandes and his Caterham Group in citing he no longer had a connection with the F1 operation.

It says Caterham on it but who actually owns it?
It says Caterham on it but who actually owns it?
The consortium of Swiss and Middle Eastern backers argues it's stuck to its side of the bargain, fulfilling all of the conditions required for the sale. But the squabble has broken out into an almighty and very public row, statements flying back and forth yesterday making claims and counterclaims about the situation.

Yesterday
On Thursday Fernandes was holding firm in the press release from Caterham. "We agreed in good faith to sell the shares on the basis that Engavest undertook to pay all of the existing and future creditors, including the staff," he says. "This was so important to me that I ensured the shares would not be transferred to the new buyers unless they complied with this condition.

"Sadly, Engavest has failed to comply with any of the conditions in the agreement and Caterham Sports Ltd (the UK operating company of the F1 team) been put into administration.

"Our agreement with Engavest was very clear: there was no legal obligation to transfer the shares to them unless certain conditions were met. Those conditions have not been met."

Light at end of the tunnel for drivers? Likely oncoming train
Light at end of the tunnel for drivers? Likely oncoming train
So, sounds like Fernandes is effectively admitting he hasn't transferred the shares because certain criteria have not been met and therefore the deal is invalid. Caterham Group CEO Graham Macdonald weighed into the argument too. "We continue to see claims and counter claims from the F1 team which are totally unfounded," he says. "Not only have they failed to pay the creditors (and have even left our shareholders to pay some of the creditors on their behalf), but they have failed to pay us anything for the use of our factory and site, or anything for the use of our brand name. In short the new owners have paid us nothing and now the administrators have been appointed they want to walk away from their liabilities."

But yesterday Engavest raised the temperature of the argument with some lurid allegations about the tactics of the Fernandes camp. "The shares have not been transferred and therefore Mr Fernandes remains the owner of Caterham F1 and is fully responsible for all its activities," it concluded in a story from our colleagues at Autosport.

The end?
Fundamentally, the circuitous ownership battle is showing no signs of resolution. Engavest claims it has fulfilled the conditions of the deal, with all creditors paid, including Fernandes for his shares. This means Engavest claims financial ownership. Fernandes says it hasn't, and therefore hasn't transferred the shares, meaning he and his associates arguably still have control of the team. Clear? As mud...

Where does this leave Kobayashi and Ericsson? Er...
Where does this leave Kobayashi and Ericsson? Er...
What is crystal is that nobody wants to pump any money into Caterham F1 until they know who legally owns it. From the resulting cash flow problem debts have got so bad that, prior to the Japanese Grand Prix, the Sheriffs Office announced it had entered Leafield and seized parts due for the Japanese race and a 2013 F1 test car.

And now it seems the team will find it difficult to race in a week's time at Austin. De facto team boss Colin Kolles says the cars and the team are ready to go, but that without cooperation from the administrators, it'll be difficult to get to the grid for the US GP. The knock-on effect for the road car business remains to be seen in financial terms but word on the street has it staff there are deeply concerned all the same. No such thing as bad publicity? Not a phrase you'll be hearing at Caterham Cars, now in the unenviable glare of a controversy technically unconnected but emotively impossible to detach thanks to the shared branding.

Caterham F1 meanwhile currently holds the unenviable record for the most race starts without scoring a single point since it began in 2012 - its short-term future shows no signs of brightening up either, then.

Photos: LAT Photo

[Sources: Caterham F1 team statement, Autosport]

   
   
   
   
   
Author
Discussion

The Don of Croy

Original Poster:

5,991 posts

159 months

Friday 24th October 2014
quotequote all
Time for PH to step up and grab a piece of the action.

I'll commit up to a fiver - over half a decade - and suggest we crowd source the rest...

Also, do I get my own pit lane headphones with the strange black and red audio connections on the top no-one ever uses?

dugsud

1,125 posts

263 months

Friday 24th October 2014
quotequote all
Anyone know what implications this has on Caterham Cars...if any?

MyM8V8

9,457 posts

195 months

Friday 24th October 2014
quotequote all
I think that business folk who enter into such complex and sophisticated deals have something to hide, and it all sounds like a monumentally dodgy deal to me?

However for the avoidance of all doubt, the various parties should have employed the 6 "P"s.

Shame for the sport and all the fans, let alone the cloud cast over the sport car brand.

Kookanoodles

15 posts

129 months

Friday 24th October 2014
quotequote all
What a mess. The employees and drivers don't deserve this.

RobGT81

5,229 posts

186 months

Friday 24th October 2014
quotequote all
dugsud said:
Anyone know what implications this has on Caterham Cars...if any?
Business as usual.

MyM8V8

9,457 posts

195 months

Friday 24th October 2014
quotequote all
Kookanoodles said:
The employees and drivers don't deserve this.
+1. Of course, I should have added that.

Oz83

688 posts

139 months

Friday 24th October 2014
quotequote all
Surely some sort of contact of sale must have been drawn up and somebody is in breach of this agreement. How does slinging st on Twitter benefit anybody?

How hard can it be?

Schermerhorn

4,342 posts

189 months

Friday 24th October 2014
quotequote all
Wow, what a cluster f*ck series of events.

Matt UK

17,686 posts

200 months

Friday 24th October 2014
quotequote all
RobGT81 said:
Business as usual.
I've heard that the road car business is thriving right now, which is great!

The F1 side of things has been a shambles from start to agonisingly painful end IMO.

marshalla

15,902 posts

201 months

Friday 24th October 2014
quotequote all
There will be only one winner in this - and if anyone knows how to buy into the right firm of lawyers, now is the time to do it.

Slurms

1,252 posts

204 months

Friday 24th October 2014
quotequote all
Oz83 said:
Surely some sort of contact of sale must have been drawn up and somebody is in breach of this agreement. How does slinging st on Twitter benefit anybody?

How hard can it be?
Who knows, there was a contract which TF mentioned in his statements, could be the new purchasers didn't realise just how much cash was needed and are trying to bail.

AC43

11,473 posts

208 months

Friday 24th October 2014
quotequote all
Slurms said:
Oz83 said:
Surely some sort of contact of sale must have been drawn up and somebody is in breach of this agreement. How does slinging st on Twitter benefit anybody?

How hard can it be?
Who knows, there was a contract which TF mentioned in his statements, could be the new purchasers didn't realise just how much cash was needed and are trying to bail.
If what TF is saying is true then the most likely reason would be the new buyers being unable to raise the cash for whatever reason.

smilo996

2,778 posts

170 months

Friday 24th October 2014
quotequote all
Just hope for the sake of the employees, drivers and F1 that they sort this out and secure some long term finance. otherwise and also important Bernie will be implementing his idea about the others selling cars to teams instead.

scubadude

2,618 posts

197 months

Friday 24th October 2014
quotequote all
What a stupid situation! Clearly a group of sensible grownups could meet around a table with their accountants and lawyers and agreed who paid what, when and to whom and what else needs doing then transfer the shares, probably take a day at most...

Oh wait, Bernie doesn't allow Sensible Grown ups in F1 :-)

Europa1

10,923 posts

188 months

Friday 24th October 2014
quotequote all
MyM8V8 said:
I think that business folk who enter into such complex and sophisticated deals have something to hide, and it all sounds like a monumentally dodgy deal to me?

However for the avoidance of all doubt, the various parties should have employed the 6 "P"s.

Shame for the sport and all the fans, let alone the cloud cast over the sport car brand.
In this case it was definitely the 7 "P"s...

Yes, once again F1 seems to be about to snatch defeat (unsavoury goings on, appearance of shady dealings, dedicated staff getting the Sh%^^y end of the stick...) from the jaws of victory (tightest WDC in years)

forzaminardi

2,289 posts

187 months

Friday 24th October 2014
quotequote all
All an incredible mess and clearly a complex situation which makes liability difficult to allocate without a forensic legal investigation, while in the meantime the whole enterprise becomes worthless by not being able to fulfil its obligations to attend races. Perhaps it is inevitable given the apparently enormously complex series of relationships the team was run under.

While we can huff and puff about Fernandes, I think in the main he is regarded as a fairly above-the-board kind of guy so I think in principle he is probably correct in his interpretation of events - but having very clearly expressed his desire to wash his hands of the team earlier in the year which did no favours to its chances, and his recent statements to the effect of being concerned for the team's employees and creditors, if he believes the other party have failed to fulfil their obligations, then clearly he believes he is still the owner; in which case he has to do the responsible thing and dip back into his pocket, to at least let the team see out the season with dignity.

On the other side of the equation, I am suspicious of any organisation that involves itself in a F1 team but seeks to be anonymous at the same time. If anonymity were an important issue for a consortium of presumably very wealthy people, then one has to wonder why they'd consider even the slightest involvement in F1 as something worth having. Which leads me to think there's a lot of smoke and mirrors going on at the Swiss side of the equation. Anyone remember the alleged purchasers of Sauber back before BMW saw sense and handed it back to Mr Sauber? I wonder what became of them....

AyBee

10,532 posts

202 months

Friday 24th October 2014
quotequote all
scubadude said:
What a stupid situation! Clearly a group of sensible grownups could meet around a table with their accountants and lawyers and agreed who paid what, when and to whom and what else needs doing then transfer the shares, probably take a day at most...
Quite - if the contracts were drawn up properly, it should be fairly easy to see who has been paid and who still needs paying...that's a big IF though...

JsyM3

98 posts

137 months

Friday 24th October 2014
quotequote all
forzaminardi said:
If anonymity were an important issue for a consortium of presumably very wealthy people, then one has to wonder why they'd consider even the slightest involvement in F1 as something worth having.
Because they like motorsport and want to invest in it... Just because they don't want the publicity and any associated flack doesn't make it dodgy

toppstuff

13,698 posts

247 months

Friday 24th October 2014
quotequote all
Formula 1 these days is little more than an exercise in shuffling large sums of money around inside intricate structures to avoid the friction of taxes and money laundering regulations. It is all about offshore companies, transfer pricing agreements and safe harbours to avoid taxes.

Such is the world of the emerging market, entrepreneur with a few billion to play with, where you can't quite tell if he has debt or equity, you can't quite tell where the money has come from, and you aren't quite sure who owns what.

The main winners of all this seem to be the lawyers. The "sport" of F1 is just a sideshow and, for many of the people funding it, simply a way of parking some money somewhere legitimate and holding some nice parties around the world.