Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Sports Fanatic? Paths To Franchise Ownership

Author: Scarinci Hollenbeck, LLC

Date: May 11, 2015

Key Contacts

Back

Owning a basketball is nice, but to some, owning a basketball team is even nicer. There are a number of ways to invest in professional or minor league sports franchises and attain franchise ownership.

Before you consider franchise ownership, there’s a caveat: sports franchises frequently lose money despite the flashy contract numbers and huge television deals. This is a path for those with a passion for sports ownership. One that should be embarked upon only when it is understood that failure is possible.

However, if you’re in it for the money – keep in mind that buying a team is often much more of a lifestyle investment than one guaranteed to offer massive financial returns. However, for the consummate sports fanatic, the benefits of ownership night far outweigh the pitfalls. If you are passionate about owning a franchise and cementing a legacy – then you might be willing to take the plunge and make your purchase.

The corporate ownership structure

Many professional sports teams in various leagues utilize a corporate ownership structure whereby a corporation holds ownership of the team. According to Investopedia, a number of franchises utilize a corporate ownership structure. If your organization would benefit from the exposure sports ownership offers, or if you have the chance to form an entity capable of purchasing a franchise, this route could give you plenty of control over the team.

For example, the New York Knicks and New York Rangers are both owned by Madison Square Garden Inc., a spin-off of Cablevision. While some Knicks fans may not appreciate Cablevision president James Dolan meddling in their favorite team’s affairs, this model of ownership is quite popular and works well for Cablevision. The company’s media division broadcasts the Knicks’, Rangers’ and other local franchises’ games, providing an extra revenue stream for Madison Square Garden Inc., the Motley Fool explained.

Corporate ownership frequently offers a clear path to ownership due to the ease of raising funds through such an entity. When numerous investors pool their resources to form a corporation, they are putting themselves in a much stronger position to complete the transaction. Not everyone is Mikhail Prokhorov – and even he doesn’t own the Brooklyn Nets outright, he shares ownership with minority stakeholders, perhaps most famously Jay-Z, though the rapper sold his share in the team. Typically, a corporation will ensure the ability to raise more funds and offer legal protection not afforded to an individual. And once the ownership group is formed, the real fun can begin – the purchase.

The process of purchasing

The market for professional sports teams is not liquid, i.e., there isn’t a whole lot of buying and selling going on. When a team is put up for purchase, the process is often thorough and lengthy. Numerous parties must be vetted and a number of aspects of the sale must be reviewed prior to completion of the transaction. Typically an investment bank, attorneys and other advisors are brought into the fold at this point to research and review. When you’re making a purchase this large for a professional team, chances are you’ll be breaking the $100 million barrier, and more often not far beyond that – you’re going to want to make sure everything about the transaction is perfect.

“Confidentiality agreements, franchise valuation, performance history of the team, stadium condition, historical operating financials, market evaluation and league information” are all things that are examined by the team of experts prior to taking any significant steps, according to Matt Perry, the president of a Kansas-based firm specializing in the buying and selling of baseball teams.

Perry, whose company is called National Sports Services, spoke with the BBC about buying and selling sports franchises. He made particular note of the fact that when teams aren’t making money, funding operations falls on the backs of investors, which is why it is crucial to make sure you’re purchasing a team that will increase in value over time. The size of the investment, and the importance of seeing some sort of return on it, are the reasons why due diligence on these sort of deals is so extensive.

The process is long, the vetting is extensive and the dollar figures are immense, but ownership can prove very rewarding. Just take a look at Steve Ballmer since he purchased the Clippers. He is the perfect picture of a dancing, shouting and enthusiastic team owner.

If a professional sports team seems like too large of an investment, but you still want a stake in a franchise, and one that offers you some say in what goes on, then you might want to look into a minor league team. Smaller markets with minor league potential often house ownership groups in the making, and these teams usually operate in leagues that aren’t nearly as regulated as their professional counterparts.

Purchasing a sports team is an endeavor that requires passion and knowledge in addition to money, but franchise ownership can be quite the thrill. Speak with an attorney if you need more advice on the various routes to sports ownership.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"
Zoning Laws Explained: What You Need to Know Before Buying Property post image

Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "Zoning Laws Explained: What You Need to Know Before Buying Property"
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future post image

Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]

Author: George McGowan

Link to post with title - "Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future"
What Every Real Estate Investor Should Know Before Buying a Rental Property post image

What Every Real Estate Investor Should Know Before Buying a Rental Property

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]

Author: Donald M. Pepe

Link to post with title - "What Every Real Estate Investor Should Know Before Buying a Rental Property"
Can You Change an Irrevocable Trust in New Jersey? post image

Can You Change an Irrevocable Trust in New Jersey?

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]

Author: Marc J. Comer

Link to post with title - "Can You Change an Irrevocable Trust in New Jersey?"
How Intellectual Property Valuation Will Impact Business Transactions post image

How Intellectual Property Valuation Will Impact Business Transactions

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]

Author: Jay McDaniel

Link to post with title - "How Intellectual Property Valuation Will Impact Business Transactions"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!