Podcast Beta
Questions and Answers
What is a requirement for a Football Agent to maintain their licence?
What is a condition that would disqualify a Football Agent from maintaining their licence?
Which of the following would prevent a Football Agent from maintaining their licence?
What is a restriction on the roles that a licensed Football Agent can hold?
Signup and view all the answers
What is a requirement for a Football Agent to maintain their licence regarding their agency?
Signup and view all the answers
What is not a requirement for a Football Agent to maintain their licence?
Signup and view all the answers
What is the minimum time period before submitting a licence application during which a person must not have performed Football Agent Services without the required licence?
Signup and view all the answers
What is the consequence of a Football Agent being declared personally bankrupt?
Signup and view all the answers
Can a Football Agent licence be transferred to another individual?
Signup and view all the answers
What is the purpose of a member association requiring a Football Agent to agree to be bound by national football agent regulations?
Signup and view all the answers
What is the definition of an Agency in the context of Football Agents?
Signup and view all the answers
What is the responsibility of a Football Agent regarding the conduct of their Agency?
Signup and view all the answers
Which of the following individuals may not have an Interest in any affairs of an Agency?
Signup and view all the answers
What is the purpose of a Representation Agreement between an Agency and a Client?
Signup and view all the answers
What type of tasks can non-licensed employees of an Agency perform?
Signup and view all the answers
What is the condition for a Football Agent to represent a minor?
Signup and view all the answers
What is the first step for a Football Agent who wants to represent a minor?
Signup and view all the answers
What is the main condition for a Representation Agreement between a Football Agent and a minor to be enforceable?
Signup and view all the answers
Can a Football Agent represent amateur players and coaches?
Signup and view all the answers
In what type of Transaction can a Football Agent represent Clients?
Signup and view all the answers
What is considered Remuneration in the context of negotiations to terminate an employment agreement?
Signup and view all the answers
Under what circumstances can a party terminate a Representation Agreement?
Signup and view all the answers
What is considered just cause to terminate a Representation Agreement?
Signup and view all the answers
What is required for a Representation Agreement to be valid?
Signup and view all the answers
What are the consequences of terminating a Representation Agreement without just cause?
Signup and view all the answers
Why should a Football Agent be aware of national football agent regulations?
Signup and view all the answers
What is the minimum requirement for a Representation Agreement to be valid?
Signup and view all the answers
Can a Football Agent approach a player or coach who is subject to an exclusive Representation Agreement with another Football Agent?
Signup and view all the answers
Can a Football Agent assign or subcontract any Football Agent Services?
Signup and view all the answers
What is the consequence if a Football Agent interacts with their Client’s coach in a prohibited manner?
Signup and view all the answers
Can a Football Agent represent amateur players and coaches?
Signup and view all the answers
Can a Football Agent represent Clients in loan transfers?
Signup and view all the answers
Can a Football Agent represent players or coaches in negotiations to terminate an employment agreement?
Signup and view all the answers
Can a Representation Agreement be terminated at any time?
Signup and view all the answers
What is considered 'just cause' to terminate a Representation Agreement?
Signup and view all the answers
What is required for a Football Agent to operate in a member association’s territory?
Signup and view all the answers
What information must a Representation Agreement contain according to Article 12 paragraph 7 of the FFAR?
Signup and view all the answers
Can a Football Agent approach a player or coach who is subject to an exclusive Representation Agreement with another Football Agent?
Signup and view all the answers
Can a Football Agent assign or subcontract any Football Agent Services?
Signup and view all the answers
What is prohibited according to Article 16 paragraph 3 (b) of the FFAR?
Signup and view all the answers
How many Clients can a Football Agent represent in a single Transaction?
Signup and view all the answers
What is the purpose of limiting conflicts of interest in the FFAR?
Signup and view all the answers
Can a Football Agent terminate the Representation Agreement with a player, then enter into another Representation Agreement with the releasing club and re-engage with that same player?
Signup and view all the answers
What is required for dual representation in a Transaction?
Signup and view all the answers
What is the maximum percentage of the total service fee that the Engaging Entity can pay in dual representation?
Signup and view all the answers
Can a Football Agent perform Football Agent Services or Other Services in the same Transaction for a Releasing Entity and an Individual?
Signup and view all the answers
What is the maximum service fee payable for the provision of Football Agent Services in a Transaction if the Individual's annual Remuneration is above USD 200,000?
Signup and view all the answers
What is the basis to calculate the service fee due to a Football Agent when acting on behalf of a player or coach?
Signup and view all the answers
What is not included in the definition of Remuneration?
Signup and view all the answers
In a transfer, what is the maximum service fee payable to a Football Agent representing an Engaging Entity?
Signup and view all the answers
What is the purpose of the effective commission rate formula?
Signup and view all the answers
What is the condition for including conditional payments in the calculation of the transfer compensation?
Signup and view all the answers
What is the service fee cap if the Football Agent is representing both an Engaging Entity and an Individual?
Signup and view all the answers
What is the maximum service fee payable to a Football Agent representing an Individual with an annual Remuneration of USD 200,000 or less?
Signup and view all the answers
What is the basis to calculate the service fee due to a Football Agent when acting on behalf of an Engaging Entity?
Signup and view all the answers
What is the purpose of calculating the effective commission rate?
Signup and view all the answers
What is the primary concern with a Football Agent being granted a mandate solely by an engaging club to transfer a player in the future?
Signup and view all the answers
In what circumstances can a Football Agent provide Football Agent Services and Other Services in the same Transaction?
Signup and view all the answers
What is the implications of a Football Agent receiving payment for Other Services in the 24 months prior to or following a Transaction?
Signup and view all the answers
What is the purpose of explicit written consent in a dual-representation situation?
Signup and view all the answers
What is the consequence of a Football Agent representing an Individual in a Transaction to be transferred to an engaging club, and then simultaneously entering into an agreement with that same engaging club for a potential onwards transfer of that same Individual?
Signup and view all the answers
What is the primary concern with a Football Agent providing Other Services to a Client?
Signup and view all the answers
In what circumstances can a Football Agent be investigated for a potential conflict of interest?
Signup and view all the answers
What is the purpose of article 12 paragraph 8 of the FFAR?
Signup and view all the answers
What is the consequence of a Football Agent being found to have a conflict of interest?
Signup and view all the answers
What is the primary concern with a Football Agent providing Football Agent Services to an Individual and an Engaging Entity in the same Transaction?
Signup and view all the answers
What would prevent a Football Agent from maintaining their licence if they have been convicted of?
Signup and view all the answers
What is a condition that a Football Agent must meet to maintain their licence regarding their interests?
Signup and view all the answers
Which of the following would not prevent a Football Agent from maintaining their licence?
Signup and view all the answers
What is a requirement for a Football Agent to maintain their licence regarding their personal history?
Signup and view all the answers
What is a consequence of a Football Agent being convicted of certain criminal charges?
Signup and view all the answers
What is a requirement for a Football Agent to maintain their licence regarding their role in sports governing bodies?
Signup and view all the answers
In which circumstance can a Football Agent conduct their business through an Agency?
Signup and view all the answers
What is the main responsibility of a Football Agent regarding their Agency?
Signup and view all the answers
What type of agreement can be executed between an Agency and a Client?
Signup and view all the answers
What is the main limitation on non-licensed employees of an Agency?
Signup and view all the answers
What is the main condition for a Football Agent to represent a minor?
Signup and view all the answers
What is the main requirement for a Football Agent to operate in a member association's territory?
Signup and view all the answers
What is the consequence of a Football Agent being declared personally bankrupt?
Signup and view all the answers
What is the main restriction on the roles that a licensed Football Agent can hold?
Signup and view all the answers
What is the main requirement for a Football Agent to conduct Football Agent Services around the world?
Signup and view all the answers
What is the main purpose of a member association requiring a Football Agent to agree to be bound by national football agent regulations?
Signup and view all the answers
What is the primary reason a Football Agent needs to be aware of national football agent regulations?
Signup and view all the answers
What is the consequence of terminating a Representation Agreement without just cause?
Signup and view all the answers
What is the minimum requirement for a Representation Agreement between a Football Agent and a minor to be enforceable?
Signup and view all the answers
What is considered Remuneration in the context of negotiations to terminate an employment agreement?
Signup and view all the answers
Can a Football Agent represent a minor before the minor reaches the age where they may sign their first professional contract?
Signup and view all the answers
What is the purpose of a Representation Agreement between a Football Agent and a Client?
Signup and view all the answers
What is required for a Football Agent to operate in a member association's territory?
Signup and view all the answers
What is the condition for a Representation Agreement to be valid according to Article 12 paragraph 7 of the FFAR?
Signup and view all the answers
What is the consequence if a Football Agent fails to comply with the requirements for representing a minor?
Signup and view all the answers
What is the purpose of a separate, written document concerning whether or not the player or coach sought independent legal advice prior to entering into a Representation Agreement?
Signup and view all the answers
Under what circumstances can a Football Agent approach a player or coach who is subject to an exclusive Representation Agreement with another Football Agent?
Signup and view all the answers
What is the consequence of a Football Agent influencing a coach to select a certain player?
Signup and view all the answers
What is the requirement for a Football Agent to represent amateur players and coaches?
Signup and view all the answers
What is the basis for calculating the service fee due to a Football Agent when acting on behalf of a player or coach?
Signup and view all the answers
What is the consequence of terminating a Representation Agreement without just cause?
Signup and view all the answers
What is the requirement for a Football Agent to operate in a member association's territory?
Signup and view all the answers
What is the purpose of a Representation Agreement between a Football Agent and a Client?
Signup and view all the answers
Can a Football Agent assign or subcontract any Football Agent Services?
Signup and view all the answers
What is considered 'just cause' to terminate a Representation Agreement?
Signup and view all the answers
What could be a potential issue with a Football Agent representing a player and simultaneously agreeing with the engaging club for a potential future transfer of the same player?
Signup and view all the answers
Under what condition can a Football Agent provide Other Services to a Client?
Signup and view all the answers
What happens if a Football Agent is granted a mandate solely by the engaging club to transfer the player in the future?
Signup and view all the answers
What is the condition for a Football Agent to perform Football Agent Services and Other Services in the same Transaction?
Signup and view all the answers
What is the maximum payment period for a service fee to a Football Agent?
Signup and view all the answers
What is the basis for calculating the service fee due to a Football Agent?
Signup and view all the answers
What would happen if a Football Agent enters into an agreement with the engaging club for a potential onwards transfer of the same player?
Signup and view all the answers
Why would FIFA pay special attention to agreements between parties involving Other Services?
Signup and view all the answers
When must a service fee be paid to a Football Agent?
Signup and view all the answers
What determines the amount of the service fee payable to a Football Agent?
Signup and view all the answers
What is the relevance of article 15 paragraph 4 of the FFAR in relation to Other Services?
Signup and view all the answers
How often should the Football Agent be paid in instalments?
Signup and view all the answers
What is the exception to the rule that a Football Agent can only perform Football Agent Services for one party in a Transaction?
Signup and view all the answers
What is the condition for a Football Agent to provide Football Agent Services and Other Services to an Individual and an Engaging Entity?
Signup and view all the answers
What is the maximum service fee payable to a Football Agent?
Signup and view all the answers
What is the consequence if a Football Agent offers or pays any undue personal, pecuniary or other advantage to any official or employee of a club, member association or Single-Entity League?
Signup and view all the answers
How many Clients can a Football Agent represent in a single Transaction?
Signup and view all the answers
What is the relevance of article 12 paragraph 8 of the FFAR in relation to Football Agent Services and Other Services?
Signup and view all the answers
What is the purpose of limiting conflicts of interest in the FFAR?
Signup and view all the answers
What is required for a Representation Agreement to be valid?
Signup and view all the answers
Can a Football Agent terminate the Representation Agreement with a player, then enter into another Representation Agreement with the releasing club and re-engage with that same player?
Signup and view all the answers
What is required for dual representation in a Transaction?
Signup and view all the answers
Can a Football Agent assign or subcontract any Football Agent Services?
Signup and view all the answers
What is the maximum percentage of the total service fee that the Engaging Entity can pay in dual representation?
Signup and view all the answers
Can a Football Agent perform Football Agent Services or Other Services in the same Transaction for a Releasing Entity and an Individual?
Signup and view all the answers
Why is a separate, written document required concerning whether or not independent legal advice was sought?
Signup and view all the answers
What is the service fee cap if an Individual's Remuneration is above USD 200,000 and the Football Agent is representing an Individual?
Signup and view all the answers
What is the effective commission rate for the year if the fixed Remuneration is USD 1,000,000 and conditional payments are USD 500,000?
Signup and view all the answers
What is not included in the definition of Remuneration?
Signup and view all the answers
What is the maximum service fee payable to a Football Agent representing an Engaging Entity and an Individual in a Transaction?
Signup and view all the answers
What is the basis to calculate the service fee due to a Football Agent when acting on behalf of an Engaging Entity?
Signup and view all the answers
What is the condition for a Football Agent to represent a minor in a Transaction?
Signup and view all the answers
What is the maximum service fee payable to a Football Agent representing an Engaging Entity in a Transaction?
Signup and view all the answers
What is the effective commission rate for the year if the fixed Remuneration is USD 500,000 and conditional payments are USD 200,000?
Signup and view all the answers
What is the service fee cap if an Individual's Remuneration is above USD 200,000 and the Football Agent is representing both an Engaging Entity and an Individual?
Signup and view all the answers
What is the basis to calculate the service fee due to a Football Agent when acting on behalf of a player or coach?
Signup and view all the answers
What is the maximum service fee payable to a Football Agent representing an Engaging Entity in a transfer?
Signup and view all the answers
When can the employer pay the service fee to the Football Agent on behalf of the player or coach?
Signup and view all the answers
Who pays the service fee due to a Football Agent?
Signup and view all the answers
What is the basis to calculate the service fee due to a Football Agent when acting on behalf of a Releasing Entity?
Signup and view all the answers
Can a Football Agent deduct the service fee from the player's or coach's Remuneration?
Signup and view all the answers
What is the purpose of the 'Client pays principle'?
Signup and view all the answers
What is the consequence if a party terminates a Representation Agreement without just cause?
Signup and view all the answers
What is the definition of Remuneration in the context of negotiations to terminate an employment agreement?
Signup and view all the answers
Can a Football Agent represent a player or coach in negotiations to terminate an employment agreement?
Signup and view all the answers
What is the exception to the 'Client pays principle'?
Signup and view all the answers
Study Notes
Ongoing Requirements for a Football Agent
- A Football Agent must not have made false or misleading statements in their licensing application
- Must not be convicted of criminal charges related to organised crime, corruption, bribery, etc.
- Must not be the subject of a suspension or disqualification by a regulatory authority
- Must not be an official or employee of FIFA, a confederation, a member association, a league, or a club
- Must not hold an interest in a club, academy, or league
- Must not have performed Football Agent Services without a licence in the 24 months prior to submitting a licence application
- Must not have been declared bankrupt or hold an interest in a company that has declared bankruptcy
Annual Requirements for a Football Agent
- Must pay the annual licence fee to FIFA
- Must comply with reporting obligations
- Must comply with continuing professional development requirements
Transferring a Football Agent Licence
- A Football Agent licence is non-transferrable to another individual
Conducting Football Agent Services through a Company
- A Football Agent can conduct their business through an Agency
- The Agency cannot have an interest in the affairs of a Client
- Non-licensed employees of an Agency can perform administrative tasks such as secretarial support and arranging meetings
Representing Minors
- A Football Agent can represent minors subject to certain conditions
- Must complete a continuing professional development course on minors
- Must comply with national law in the country or territory of the member association where the minor will be employed
- Must obtain prior written consent from the minor's legal guardian
Representing Amateur Players and Coaches
- A Football Agent can represent amateur players and coaches
- No service fee can be calculated and paid to the Football Agent in such Transactions
Representation Agreements
-
A Representation Agreement must contain the names of the parties, duration, amount of service fee, nature of Football Agent Services, and parties' signatures
-
A separate, written document must be drawn up concerning whether the player or coach sought independent legal advice prior to entering into a Representation Agreement### Football Agent Services and Fees
-
Football Agent Services cannot be combined with Other Services for the same Client, except in a dual-representation situation involving an Individual and an Engaging Entity, where explicit written consent is required from both Clients.
-
According to article 12 paragraph 9 of the FFAR, combining Football Agent Services and Other Services for other combinations of Clients is not permitted.
Service Fee Caps
- The maximum service fee payable for Football Agent Services in a Transaction depends on the Individual's annual Remuneration:
- Less than or equal to USD 200,000 (or equivalent): 5%
- Above USD 200,000 (or equivalent): 5% for the first USD 200,000, and 3% for the excess amount
- In dual-representation situations: 10% for the first USD 200,000, and 6% for the excess amount
- For transfer compensation: 3% of the transfer amount
- The calculation of the service fee cap does not include conditional payments, but includes other forms of compensation, such as loyalty or performance bonuses.
Calculating Service Fees
- The effective commission rate is calculated based on the Individual's Remuneration, excluding conditional payments.
- The formula to calculate the effective commission rate is: Effective commission rate = (5% of USD 200,000 + 3% of excess amount) / Total Remuneration.
- The effective commission rate is applicable for the relevant year and for future conditional payments connected with that year.
Basis for Calculating Service Fees
- The basis for calculating the service fee due to a Football Agent is the player's or coach's Remuneration, which includes:
- Gross financial compensation for employment set out in a negotiated employment contract
- Base salary
- Sign-on fee
- Amounts payable if certain conditions are fulfilled (e.g. loyalty or performance bonuses)
- The definition of Remuneration does not include:
- Future transfer compensation (e.g. sell-on fees)
- Non-salary benefits (e.g. provision of a vehicle, accommodation, or telephony services)
- Image rights
Ongoing Requirements for a Football Agent
- A Football Agent must not have made false or misleading statements in their licensing application
- Must not be convicted of criminal charges related to organised crime, corruption, bribery, etc.
- Must not be the subject of a suspension or disqualification by a regulatory authority
- Must not be an official or employee of FIFA, a confederation, a member association, a league, or a club
- Must not hold an interest in a club, academy, or league
- Must not have performed Football Agent Services without a licence in the 24 months prior to submitting a licence application
- Must not have been declared bankrupt or hold an interest in a company that has declared bankruptcy
Annual Requirements for a Football Agent
- Must pay the annual licence fee to FIFA
- Must comply with reporting obligations
- Must comply with continuing professional development requirements
Transferring a Football Agent Licence
- A Football Agent licence is non-transferrable to another individual
Conducting Football Agent Services through a Company
- A Football Agent can conduct their business through an Agency
- The Agency cannot have an interest in the affairs of a Client
- Non-licensed employees of an Agency can perform administrative tasks such as secretarial support and arranging meetings
Representing Minors
- A Football Agent can represent minors subject to certain conditions
- Must complete a continuing professional development course on minors
- Must comply with national law in the country or territory of the member association where the minor will be employed
- Must obtain prior written consent from the minor's legal guardian
Representing Amateur Players and Coaches
- A Football Agent can represent amateur players and coaches
- No service fee can be calculated and paid to the Football Agent in such Transactions
Representation Agreements
-
A Representation Agreement must contain the names of the parties, duration, amount of service fee, nature of Football Agent Services, and parties' signatures
-
A separate, written document must be drawn up concerning whether the player or coach sought independent legal advice prior to entering into a Representation Agreement### Football Agent Services and Representation
-
Football Agent Services cannot be combined with Other Services, except in a dual-representation situation involving an Individual and an Engaging Entity, with explicit written consent from both Clients.
-
In such cases, the maximum service fee payable is capped at 10% of the Individual's Remuneration.
Maximum Service Fee Payable
- The maximum service fee payable for the provision of Football Agent Services in a Transaction is:
- 5% of the Individual's Remuneration if it is less than or equal to USD 200,000.
- 5% of the Individual's Remuneration up to USD 200,000, and 3% of the excess amount if it is above USD 200,000.
- 10% of the Individual's Remuneration if the Football Agent represents both the Individual and the Engaging Entity (dual representation).
- 3% of the Individual's Remuneration if the Football Agent represents the Releasing Entity (transfer compensation).
Basis for Calculating Service Fee
- When acting on behalf of the player/coach or Engaging Entity, the basis for calculating the service fee is the player's or coach's Remuneration, including gross financial compensation, base salary, sign-on fees, and conditional payments.
- When acting on behalf of the Releasing Entity, the basis for calculating the service fee is the transfer compensation, excluding any amount paid as compensation for breach of contract and/or sell-on fees.
Payment of Service Fee
- The "Client pays principle" establishes that only the Client that has engaged a Football Agent pays the service fee.
- The service fee is payable by the player or coach, and cannot be paid by the employer (e.g. club) on their behalf.
- In exceptional cases, the employer may pay the service fee directly to the Football Agent, but only with the express agreement of the player or coach, and by deducting the service fee from their Remuneration.
Restrictions on Payment of Service Fees
- Payment of service fees must be made after the closure of the relevant registration period.
- Payment of service fees must be made every three months for the duration of the negotiated employment agreement.
- Only the Remuneration actually received by an Individual is subject to the payment of a service fee.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz covers the ongoing requirements for a Football Agent to maintain their licence, including making accurate statements and avoiding criminal convictions.