Bartomeu delays the referendum

The Barcelona board of directors has not yet met nor has it called the vote of no confidence that according to the statutes should be held no later than November 2.

The president, Josep Maria Bartomeu, tries to buy time and delay the process to comply with a calendar that includes the holding of elections on March 20 and 21.

One of the decisions was to denounce to the Civil Guard the possible falsification of some of the signatures of partners that endorse the censorship - the total authenticated on Friday by the Board amounts to 19,532 out of the 16,521 necessary.

And the other has been to entrust external law firms with opinions on the viability or not to hold the assembly - already postponed - and the vote of no confidence, due to the exceptional situation caused by the covid-19.

One of the reports has been prepared by the firm Baker McKenzie.

The memorandum, which has 11 pages, is dated September 22 and to which EL PAÍS has had access, maintains that at this time “it is legally impossible” to vote the motion of censure in response to the club's query on whether the current restrictions Regulations may make it impossible to vote for Bartomeu's disapproval.

“In particular, the query is about whether carrying out the act of voting in the vote of no-confidence requires the convening and holding of a General Assembly of the Club and whether such meeting and voting can be held in person or remotely, at the current time ”Reads the introduction to the document signed by Víctor Mercedes, Baker MacKenzie's international partner and head of its litigation area at the Barcelona office.

The study assures in its conclusions that, according to decree 58/2010 of sports entities in Catalonia, “the vote of the vote of no confidence must take place in the General Assembly, by direct and face-to-face voting, being expressly prohibited the use of the formula of compromisarios ”.

The General Assembly is the set of all Barça members, which should, according to McKenzie, be called for a “face-to-face vote”.

Mercedes considers that this call to all Barça members is unavoidable, despite the fact that, precisely because of the pandemic, in March a royal decree was approved that included measures “to make the non-face-to-face operation of bodies of legal persons more flexible, in the field of state, including associations ”.

According to him, these modifications are not applicable.

It also mentions the resolution of the Department of Health of the Generalitat that on August 28 prohibited the meetings of more than 10 people.

It also ensures that, due to the pandemic, "the right of assembly associated with participation in collegiate bodies of legal persons, the operation of face-to-face bodies of legal persons and the possibility of voting in person are, however, currently seriously impacted due to the situation of the COVID-19 pandemic and health restrictions ”.

In the final point, he writes that a modification of the Sports Law approved on September 8 by the Generalitat "excludes from the general assemblies allowed at this time those whose purpose is to approve the vote of no confidence".

However, several pages earlier, when he fully quotes the article to which he refers, 31 bis, it is seen that this limitation only applies to those held remotely: "In no case may remote general assemblies be called or held that have as Object: A) Modify the statutes and regulations of the entity;

b) Elect the members of the board of directors;

c) Approve the vote of no confidence ”.

And, finally, the report says that "the Board of the vote of no-confidence must consider all the foregoing and warn, where appropriate, the club's board of directors about the aforementioned legal impossibility."

The Table was not informed, according to Jordi Farré, one of its members and promoter of the vote.

Club sources assured, however, that "the president does not want to paralyze the process, but rather his priority is to have the margin to set up the negotiating table" with workers and professional athletes in order to reach an agreement before the 5th November for the salary cut and balance the accounts for the 2020-2021 financial year.

Before the vote of no confidence, Bartomeu is also awaiting the response of the Generalitat on his request that the public can return to the Camp Nou on Tuesday for the Champions League game that Barça will play with Ferencvaros.

"And, later, the call for the vote of no confidence will be processed", insisted ", the same sources, although they maintain their doubts about its celebration after the measures adopted by the Generalitat.

Relations between the board and the Government have deteriorated as of the vote of no confidence and the declaration of the General Secretary of l'Esport, Gerard Figueras, who stated on the 9th that he did not notice any problem so that the referendum can be held if the regulations were met.

Figueres distinguished between the assembly, already postponed, and the vote of no confidence, something that not all the reports available to Barça do.