Revealed: The crucial role Juan Sartori could play in the Sunderland AFC takeover

Juan Sartori could play a crucial role in the proposed takeover of Sunderland AFC.
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That’s because of a pre-emption clause that will give him a preferential option to purchase shares in Stewart Donald’s holding company.

Donald is understood to be in advanced talks with a party over a sale of the club, with Jim Rodwell confirming last week that the Black Cats remain in a period of exclusivity with a preferred bidder - with that group the only one to have shown proof of funds.

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Reports last weekend suggested that an American investor was interested in a deal, although the current ownership would retain a minority share.

Sunderland co-owner Juan SartoriSunderland co-owner Juan Sartori
Sunderland co-owner Juan Sartori

And while a deal appears to be edging closer, Sartori could yet have a major say.

That’s because the Uruguayan, who owns 20 per cent of the club, will be offered the chance to purchase any shares sold in the club as part of a pre-emption clause.

The Echo understands that discussions with interested parties have centred around selling a majority stake in Madrox Partners - with Donald previously claiming that the easiest way to purchase the club would be to buy Madrox.

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And as per Madrox’s Articles of Association, which are available to publicly view, if Donald is to sell his shares then Sartori and fellow minority shareholder Charlie Methven will both have a ‘preferential right’ to purchase them.

The Articles of Association state: “When the shares to be sold or transferred are the ones of a Majority Shareholder, in all or part, the remaining Shareholder(s) will have a preferential right to acquire the shares at an agreed value.”

They continue: “Until a refusal by a Shareholder that has the option to purchase the Shares is contemplated in writing and the Company so informed, no transfer of shares can take place.

“A Shareholder has 28 days from the moment he has been offered the shares of the other(s) Majority Shareholder(s) to decide if he wants to acquire these shares, to make a counter offer on Shares value or generally to agree a deal on the Share transfer with the remaining Majority Shareholder.”

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That essentially means that once Donald agrees a broad deal with an interested party, Sartori and Methven will both have the opportunity to purchase the shares and only once they confirm that they have no intention of purchasing the shares - or the period of 28 days since they were offered the shares passes - can a sale be sanctioned.

Such clauses are common-place in businesses with multiple shareholders, but it is given additional intrigue given the reports earlier this year that suggested Sartori was looking to assemble a group to mount a bid for the Black Cats.

If the Uruguayan is keen on making a bid for the club, then this clause could hand him the opportunity to do so.

Methven too will have a say, but it is Sartori who would arguably be best placed to trigger the clause and purchase a majority stake.

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It has repeatedly been suggested that the Uruguayan will take a more active role at the Stadium of Light, with some suggestions he was planning on moving to London.

But Sartori has not been seen on Wearside in over a year since being elected as a senator in his homeland.

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