Football Agent Regulations

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Questions and Answers

Who can perform Football Agent Services?

Any licensed individual

Any employee of a Football Agent's Agency

Only a Football Agent (correct)

Any contractor working for a Football Agent

What is a requirement for conducting business affairs as a Football Agent?

The Football Agent must work independently

The Football Agent must have a partnership with a Client

The Football Agent must conduct business through an Agency (correct)

The Football Agent must work for a sports management company

Who is responsible if an Agency's employees or contractors violate these Regulations?

The Football Federation

The Football Agent (correct)

The Agency's employees or contractors

The Client

Who may not have an interest in a Football Agent or their Agency?

Clients, ineligible persons, and certain owners of player registration rights Signup and view all the answers

When can a Football Agent perform Football Agent Services for a Client?

After entering into a written Representation Agreement with the Client Signup and view all the answers

What is the maximum duration of a Representation Agreement?

Two years Signup and view all the answers

In what scenario does a Football Agent not receive a service fee?

When the Individual transfers to another Engaging Entity before the negotiated employment contract expires Signup and view all the answers

What is the payment procedure for a negotiated employment contract less than six months in duration?

Payment is made in a single instalment at the expiry of the contract Signup and view all the answers

In permitted dual representation, what percentage of the total service fee can the Engaging Entity pay?

50% Signup and view all the answers

Who informs the Football Agent of any instalments received?

The Releasing Entity Signup and view all the answers

Where must all service fee payments to Football Agents be made?

Through the FIFA Clearing House Signup and view all the answers

What is the maximum service fee payable for the provision of Football Agent Services?

Varies depending on the scenario Signup and view all the answers

What is not included in the calculation of the transfer compensation?

Any amount paid as compensation for breach of contract Signup and view all the answers

When can a Football Agent receive a service fee when engaged to perform Football Agent Services relating to a minor?

When the minor signs their first or subsequent professional contract in accordance with the law applicable in the country or territory of the member association where the minor will be employed Signup and view all the answers

What is the service fee cap for an Individual's annual Remuneration above USD 200,000?

3% of the excess above USD 200,000 Signup and view all the answers

Who calculates the service fee payable to a Football Agent?

The Football Agent Signup and view all the answers

What is the maximum duration for a Representation Agreement between a Football Agent and an Individual?

It is subject to a maximum duration, but the duration can be extended Signup and view all the answers

What is the purpose of the written confirmation required from the Individual before entering into a Representation Agreement?

To confirm the Individual has obtained or decided not to take independent legal advice Signup and view all the answers

What is the exception to the rule that a Football Agent can only perform Football Agent Services and Other Services for one party in a Transaction?

When the Football Agent has obtained explicit written consent from both Clients Signup and view all the answers

What is the consequence of a party revoking or terminating a Representation Agreement without just cause?

The party revoking the agreement must compensate the other party for any resulting damage Signup and view all the answers

What is the minimum requirement for a valid Representation Agreement?

The names of the parties, the duration, the amount of the service fee, the nature of the Football Agent Services, and the parties' signatures Signup and view all the answers

Can a Football Agent execute multiple Representation Agreements with the same Individual at any one time?

No, a Football Agent can only execute one Representation Agreement with the same Individual at any one time Signup and view all the answers

What is the purpose of the provision that a Football Agent may not perform Football Agent Services or Other Services in the same Transaction for a Releasing Entity and an Individual?

To prevent conflicts of interest Signup and view all the answers

What is the consequence of a clause in a Representation Agreement that limits an Individual's ability to autonomously negotiate and conclude an employment contract without the involvement of a Football Agent?

The clause is null and void Signup and view all the answers

Can a Football Agent and a Connected Football Agent perform Football Agent Services or Other Services for different Clients in the same Transaction?

No, except in accordance with paragraph 8 of this article Signup and view all the answers

What must be specified in any relevant transfer or employment agreement in a Transaction that is concluded following the provision of Football Agent Services?

The Football Agent's name, their Client, their FIFA licence number, and their signature Signup and view all the answers

What is the maximum period before a minor reaches the age of signing their first professional contract that a Football Agent can approach them?

Six months Signup and view all the answers

What is the requirement for a Football Agent to represent a minor or a club in a Transaction involving a minor?

The Football Agent must have completed a designated CPD course on minors Signup and view all the answers

What is a condition for a Representation Agreement between a Football Agent and a minor to be enforceable?

The Representation Agreement meets the minimum requirements provided in article 12 paragraph 7 Signup and view all the answers

What is the consequence of violating the approach to a minor or their legal guardian?

A fine and a suspension of a Football Agent licence of up to two years Signup and view all the answers

Who is allowed to pay the service fee due under a Representation Agreement?

The Client of the Football Agent Signup and view all the answers

What is the exception to the principle that a Client may not contract with or authorise any third party to make payment of the service fee?

When a Football Agent is representing an Individual and their negotiated annual Remuneration is less than USD 200,000 Signup and view all the answers

What is the condition for an Engaging Entity to pay the service fee on behalf of the Individual?

The service fee payment made by the Engaging Entity on behalf of the Individual shall not affect the fiduciary duty of the Football Agent to the Individual Signup and view all the answers

When can a Football Agent receive a service fee after the expiry of the Representation Agreement?

When the employment contract has a duration longer than the associated Representation Agreement Signup and view all the answers

How often shall the payment of any service fee be made?

Every three months Signup and view all the answers

What is the basis for the calculation of the service fee?

The Remuneration actually received by an Individual Signup and view all the answers

In what circumstances will fees paid for Other Services be deemed part of the service fee paid for the Football Agent Services?

Only when a Football Agent and/or Client fails to rebut the presumption Signup and view all the answers

What is a Football Agent required to do when licensed?

Meet the ongoing disclosure and reporting requirements Signup and view all the answers

What information must a Football Agent upload to the Platform within 14 days of execution?

The Representation Agreement and the information requested on the Platform Signup and view all the answers

In what scenario may a Football Agent Approach a Client bound by an exclusive Representation Agreement?

In the final two months of the exclusive Representation Agreement Signup and view all the answers

What is required of a Football Agent when conducting business affairs through an Agency?

All of the above Signup and view all the answers

What is a consequence of a Football Agent failing to rebut the presumption in paragraph 3?

The fees paid for the Other Services will be deemed part of the service fee Signup and view all the answers

What is a requirement for a Football Agent to provide Football Agent Services?

Meeting the eligibility requirements Signup and view all the answers

What must a Football Agent always do according to these Regulations?

Act in the best interests of their Client(s) Signup and view all the answers

What must a Football Agent report to the relevant authority or body?

Any breaches of these Regulations or FIFA, confederation or member association rules Signup and view all the answers

What must a Football Agent ensure when providing Football Agent Services?

That their name, licence number, signature and the name of their Client appear in any contracts Signup and view all the answers

What is a prohibited conduct of a Football Agent regarding inducing an Individual to prematurely terminate their employment contract?

Approaching, entering into negotiations, or facilitating discussions between parties with a view to a Transaction Signup and view all the answers

What is a type of advantage that a Football Agent cannot offer or pay to an Individual or their family member?

Undue personal or pecuniary advantage Signup and view all the answers

What is the consequence of a Football Agent failing to comply with ongoing licensing requirements?

Automatic provisional suspension of their licence Signup and view all the answers

What must a Football Agent do immediately upon receiving a written offer regarding a Client?

Inform the Client and request a decision Signup and view all the answers

What is a prohibited activity for a Football Agent in relation to a player's transfer between clubs?

Accepting payment of transfer compensation or training reward Signup and view all the answers

What must a Football Agent provide to a Client upon request?

A copy of the employment contract and relevant agreements Signup and view all the answers

What is the responsibility of the FIFA general secretariat regarding compliance with ongoing licensing requirements?

Investigating compliance with the requirements Signup and view all the answers

What is a consequence of a Football Agent violating the regulations in any other way?

Fine and warning from the FIFA Disciplinary Committee Signup and view all the answers

What is the purpose of a Representation Agreement?

To facilitate discussions between parties with a view to a Transaction Signup and view all the answers

What is a prohibited conduct of a Football Agent regarding a Client's employment contract?

Inducing the Client to violate their employment contract Signup and view all the answers

Study Notes

Article 11: General Provisions

Only a Football Agent can perform Football Agent Services.
A Football Agent must always satisfy the eligibility requirements in Article 5.
A Football Agent may conduct business through an Agency, but employees or contractors who are not Football Agents cannot perform Football Agent Services or make Approaches to potential Clients.
The Football Agent remains responsible for any conduct by their Agency, employees, contractors, or representatives.

Article 12: Representation

A Football Agent can only perform Football Agent Services for a Client after entering into a written Representation Agreement.
Only a Football Agent can Approach a potential Client or enter into a Representation Agreement with a Client.
A Representation Agreement between an Individual and a Football Agent cannot exceed two years.
A Football Agent can only execute one Representation Agreement with the same Individual at a time.
A Representation Agreement is valid only if it contains the minimum requirements:
- Names of the parties
- Duration (if applicable)
- Amount of the service fee
- Nature of the Football Agent Services
- Parties' signatures
A Football Agent can perform Football Agent Services and Other Services for one party in a Transaction, with some exceptions.

Article 13: Representation of Minors

An Approach to a minor or their legal guardian can only be made six months before the minor reaches the age where they can sign their first professional contract.
The Approach must be made with prior written consent from the minor's legal guardian.
A Football Agent representing a minor must complete a designated CPD course on minors and comply with any requirements to represent a minor established by the law applicable in the country or territory of the member association.

Article 14: Service Fee – General Principles

A Football Agent can charge a service fee to a Client as agreed in a Representation Agreement.
Payment of the service fee must be made exclusively by the Client, except in some cases where an Engaging Entity can pay the service fee on behalf of the Individual.
The service fee must be paid on an invoice basis and in instalments every three months for the duration of the negotiated employment contract.

Article 15: Service Fee Cap

The maximum service fee payable for the provision of Football Agent Services in a Transaction is:
- 5% of the Individual's Remuneration (less than or equal to USD 200,000)
- 3% of the Individual's Remuneration (above USD 200,000)
- 10% of the Individual's Remuneration (permitted dual representation)
- 3% of the transfer compensation (Releasing Entity)
The calculation of the service fee cap may not take into account any conditional payments.

Article 16: Rights and Obligations

A Football Agent must always act in the best interests of their Client(s).
A Football Agent must respect and adhere to the Statutes, regulations, directives, and decisions of the competent bodies of FIFA, confederations, and member associations.
A Football Agent must avoid conflicts of interest and ensure that their name, licence number, and signature appear in any contracts resulting from the provision of their Football Agent Services.
A Football Agent must upload certain information to the Platform, including Representation Agreements, agreements with Clients, and payment information.

Article 17: Compliance with Ongoing Licensing Requirements

A Football Agent must comply with ongoing licensing requirements, including paying an annual licence fee to FIFA and meeting CPD requirements.### Licence Suspension and Withdrawal
A Football Agent's licence shall automatically be provisionally suspended if they:
- Fail to meet the eligibility requirements
- Fail to pay the annual licence fee to FIFA within the deadline
- Fail to comply with the CPD requirements in a calendar year
- Fail to comply with their reporting obligations

Investigation and Notification

The FIFA general secretariat is responsible for investigating compliance with the requirements
If a Football Agent fails to meet the eligibility requirements, the FIFA general secretariat will:
- Notify the Football Agent of the grounds for consideration and automatic provisional suspension
- Refer the matter to the FIFA Disciplinary Committee for a decision

Consequences of Non-Compliance

If a Football Agent fails to rectify their non-compliance within 60 days of their licence being automatically provisionally suspended, their licence shall be withdrawn

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Description

This quiz is about the regulations and rules governing football agents, including their eligibility, business affairs, and restrictions on performing agent services.