3. Acting As A Football Agent

Question 1

REPRESENTATION:
What are the rules when representing a client?

Answer 1

a) The Football Agent and the client must enter into a ´Representation Agreement´for the provision of the Agent services,

b) Concluded agreements between Agents and Clients can only be for maximum of 2 years which can be extended with a new written agreement,

c) The Agent shall inform the client in writing that they should consider taking independent legal advice before entering the agreement.

Question 2

REPRESENTATION:
What must a ´Representation Agreement´contain?

Answer 2

• Both names of the parties,
• Duration (for example 2 years),
• Amount of the service fee due to the Football Agent,
  -The nature of the Football Agent Services to be provided and
• Both parties signatures.

Question 3

REPRESENTATION:
Can an Agent perform services for more than one party in a transaction?

Answer 3

No, this is called ´Permitted Dual Representation which means that it is okay if the Agent has a explicit written consent from both the client and the engaging (buying) entity, for example a club.

Question 4

REPRESENTATION:
When can an Agent not perform both Football Agent services and Other services in the same transaction?

Answer 4

When the Transaction includes the following:
a) A Releasing Entity and Individual,
b) A Releasing Entity and Engaging Entity,
c) all parties within the same Transaction (Releasing, Engaging and Individual).

Question 5

REPRESENTATION:
What should be specified in Transactions transfer agreement?

Answer 5

The Football Agents name, their client, their FIFA licence number and their signature.

Question 6

REPRESENTATION:
Can a client negotiate and conclude a Transaction without engaging a Football Agent?

Answer 6

Yes, but then it must be explicitly stated in the relevant transfer agreement.

Question 7

REPRESENTATION:
When will a ´Representation Agreement´be null/void?

Answer 7

When it includes any clause that penalises an individual or limits the individuals ability to autonomously negotiate and/or conclude an employment contract without the involvement of an Agent.

Question 8

REPRESENTATION:
When can a ´Representation Agreement´be terminated?

Answer 8

An agreement can be terminated at any time by either party if there is a just cause for it. If there is no just cause the revoking/terminating party must compensate the other party for any resulting damage.

Question 9

REPRESENTATION:
When are there just cause to terminate a ´Representation Agreement´?

Answer 9

When a party can no longer reasonably be expected, according to the principle of good faith, to continue the contractual relationship for the agreed term.

Question 10

REPRESENTATION:
Situations that are examples of just cause when terminating a ´Representation Agreement´.

Answer 10

a) the withdrawal or suspension of a Football Agent licence,

b) a ban on taking part in any football-related activity,

c) a ban on registrering new players, either nationally or internationally, for at least one entire registration period.

Question 11

REPRESENTATION OF MINORS:
From what age can you as an Agent represent a minor?

Answer 11

As an Agent, you can approach a minor or its legal guardian when its no more than 6 months before the minor may sign their first professional contract in the country where the minor will be employed. An approach can only be made when the legal guardian has a written consent for it.

Question 12

REPRESENTATION OF MINORS:
When shall a ´Representation Agreement´ be enforceable?

Answer 12

When the Rep. Agreement is signed by the minor and their legal guardian as provided by law applicable in the country if the member association where the minor will be employed.

Question 13

SERVICE FEE - GENERAL PRINCIPLES:
What are the principles for the service fee?

Answer 13

a) The service fee is previously agreed upon in the Rep. Agreement.

b) Only the Client can make the payment, not a third party.

c) The service fee due to a Football Agent should be paid on an invoice basis.

d) The Football Agent is entitled to receive a service fee only if it corresponds to the services stipulated in advance in the Agreement. If the employment contract has a longer duration than the Rep. Agreement, the Agent may receive a service fee after det expiry date of the Rep. Agreement.

e) Payment of any service fee shall be made after the closure of the relevant registration period and in installments every three months for the duration of the negotiated employment contract.

Question 14

SERVICE FEE - GENERAL PRINCIPLES:
(2) What are the principles for the service fee?

Answer 14

a) Where a negotiated employment contract is less than 6 months in duration, payment shall be made in a single installment at the expiry of the negotiated employment contract.

b) When an Agent acts on behalf of a Engaging Entity and an individual in the same Transaction, the Engaging Entity may pay up to 50 % of the total service fee due.

c) All service fee payments to Football Agents shall be made through the FIFA Clearing House in order with FIFA regulations.

Question 15

SERVICE FEE CAP:
How do you calculate the service fee to a Football Agent?

Answer 15

a) When representing an Individual or Engaging Entity:
> Based on the Individuals Renumeration.

b) When representing a Releasing Entity:
> Based on the transfer compensation for the relevant Transaction.

Question 16

What is the maximum service fee payable for the provision of aFootball Agent Services in a Transaction? (Regardless of the number of Football Agents providing services to a particular Client)

Answer 16

It depends:

a) Is the Individual´s annual remuneration less or equal to USD 200,000?

b) Is the Individual´s annual remuneration above USD 200,000?

Question 17

RIGHTS AND OBLIGATIONS:
A Football Agent may:

Answer 17

a) Provide Football Agent Services to any Client that executes a written ´Representation Agreement´that contains the minimum terms described in Article 12 (REPRESENTATION).

b) Not approach a Client that is bound by an exclusive ´Representation Agreement´with another Football Agent, except in the final two months of that exclusive ´Representation Agreement´.

c) Not enter into a ´Representation Agreement´with a Client that is bound by an exclusive ´Representation Agreement´with another Football Agent, except in the final two months of that exclusive ´Representation Agreement´.

Question 18

RIGHTS AND OBLIGATIONS:
A Football Agent shall:

Answer 18

a) Always act in the best interest of their Client(s),

b) Respect and adhere to the Statues, regulations, directives and decisions of the component bodies of FIFA, the confederations and member associations,

c) Avoid conflicts of interest while providing their Football Agent Services,

d) Ensure that their name, licence number, signature and the name of their Client appear in any contracts resulting from the provision of their Football Agent Services.

e) Always meet the eligibility requirements while licensed, as described in articles 5 (ELIGIBILITY REQUIREMENTS) and 17 (COMPLIANCE WITH ONGOING LICENSING REQUIREMENTS),

f) Pay an annual fee to FIFA within the deadline stipulated on the Platform, as described in previous articles (7 & 17).

g) Comply with the CPD requirements, as described in article 9 (CONTINUING PROFESSIONAL DEVELOPMENT).

There are more…. Check p. 396-399!!!

Question 19

COMPLIANCE WITH ONGOING LICENSING REQUIREMENTS:
A licence shall automatically be provisionally suspended if the Football Agent fails to:

Answer 19

a) Meet the eligibility requirements at any time,

b) Pay the annual licence fee to FIFA within the deadline stipulated on the Platform,

c) Comply with the CPD requirements in a calender year,

d) Comply with their reporting obligations.

Question 20

COMPLIANCE WITH ONGOING LICENSING REQUIREMENTS:
What does the FIFA General Secretariat do?

Answer 20

It is the responsible organ for investigating the Agents. If there are any grounds to consider that an Agent do not meet the any of eligibility requirements, the GS will notify the Agent about this and an automatic provisional suspension.

The licence can be withdrawn after 60 days if the Agent fails to rectify their non-compliance.

Question 21

RIGHTS AND OBLIGATIONS OF CLIENTS
- When engaging with Football Agents:

Answer 21

Clients:
a) May engage a Football Agent to perform services,

b) Shall pay the service fee agreed with the Football Agent in a timely manner established by the Regulations and in accordance with the respective ´Representation Agreement´, Employment contract or transfer agreement.

c) Shall satisfy themselves that at Football Agent is appropriately licensed by FIFA prior to signing the relevant ´Representation Agreement´.

d) Shall cooperate with the relevant body of each member association, confederation and/or FIFA with respect to any request in relation to an Agent made by those bodies.

e) May request from the Agent a schedule detailing all payments of ay kind whatsoever (including all remuneration, fees and expenses) made by and/or regarding that Client.

Question 22

RIGHTS AND OBLIGATIONS OF CLIENTS:
What must clubs do as clients?

Answer 22

All clubs shall upload to the FIFA Transfer Matching System (TMS) within 14 days of occurence:

i) The information requested in TMS on completion of each Transaction that is an international transfer in which the club is involved.

ii) Any amendment to, or termination of, a relevant ´Representation Agreement´.

iii) Any agreement with a Football Agent other than a ´Representation Agreement´, including but not limited to other services, and the information requested in TMS.

iv) The information requested in TMS following the payment of a fee related to any agreement entered into with a Football Agent other than a ´Representation Agreement´.

Question 23

RIGHTS AND OBLIGATIONS OF CLIENTS:
What should clients (and their officials) not attempt to do?

Answer 23

a) Engage or appoint an unlicensed person to perform Football agent Services,

b) Accept or request any undue personal, pecuniary or other advantage from a Football Agent.

c) Give, offer or seek to offer consideration or a promise of any kind, either directly or indirectly, to a Football Agent (or to any person connected with the Agent), other than the service fee agreed.

d) For member associations, clubs and Single-Entity Leagues, interfere in, or influence, the freedom of an individual to select a Football Agent.

e) Participate, or assist, directly or indirectly, in any circumvention of the service fee cap established by these Regulations.

f) Have an interest in an Agency or the affairs of a Football Agent, in accordance with article 11 p. 4 (General Provisions).

e) For member associations, clubs and Single-Entity Leagues, either directly or indirectly, induce or coerce an Individual to breach the terms of their ´Representation Agreement´with their Football agent.

h) Fail to immediately report any breach of these Regulations to FIFA.

i) Permit a Football Agent or their Agency to have an interest in them.

Question 24

4. DISCLOSURE AND PUBLICATION:
   What kind of information should FIFA make available?

Answer 24

• The names and details of all Football Agents,
• The Clients that Football Agents represent, if it is exclusive or non exclusive and the expiry date of the ´Representation Agreement´,
• The Football Agent Services provided to each Client,
• Any sanctions imposed on Football Agents and Clients,
• Details of all Transactions involving Football Agents, including the service fee amounts paid to Football Agents.

Question 25

6. DISPUTES:
   Who has the jurisdiction to determine disputes?

Answer 25

The Agents Chamber of the Football Tribunal.

Question 26

7. DISCIPLINARY MATTERS:
   Competence and enforcement - The FIFA Disciplinary Committee

Answer 26

The FIFA Disciplinary Committee is competent to impose sanctions on any Football Agent or Client that violates these Regulations, FIFA Statues or any other FIFA regulations.

Question 27

8. FINAL PROVISIONS:
   Transitory provisions - What happens after 1 October 2023 when the Regulations are approved?

Answer 27

´Representation Agreements´that expire on or after 2023-10-01 shall remain valid (but not extended) until they expire. This is firm even though the agreements do not meet the new minimum requirements provided.