Highlights Of The New FIFA Agents' Regulation 2022 - Contract of Employment

Article 2 | General

Both players and clubs can engage the services of a licensed players' agent if it has to do with a transfer, negotiation or renegotiation of an employment contract. The Players' agent is entitled to be paid for his services and has an obligation to comply with the laws of the association. Subject to articles 4.1 and 4.2, players and clubs are forbidden from using the services of an unlicensed players' agent.

Article 3 | Admissibility of Licensed Players' Agents

Players' agents' activity may only be carried out by natural persons who are licensed by the relevant association. Only the Players' agents themselves can represent and promote the interests of players and/or clubs in connection with other players and/or clubs.

Article 4 | Exempt Individuals

The parents, siblings or spouse of a player are allowed to represent him in the negotiation or renegotiation of a contract. A practicing lawyer, in compliance with the rules of his country, may also represent a player or club. This provision of exempt individuals does not fall under the jurisdiction of FIFA.

Article 5 | Responsibility for issuing a License

Players' agent licences are issued by the association of the country of which the applicant is a national. Where the applicant is of dual nationality, the other country (not his domicile) in which he has been resident for two years or more, is responsible for issuing the license. If an applicant resides in a different EU/EEA country from the country of which he is a national, he shall send a written application to the association of his country of domicile without the obligation to have resided there continuously for at least two years.

Article 6 | Pr ticle 6 | Pr ticle 6 | Prerequisit equisit equisites for Application

The applicant is required to submit a written application for a players' agent license to the relevant association. The applicant must be of impeccable character and may not hold a position as an official or employee at FIFA or club. These criteria must be satisfied at all times throughout the players' agent's entire career.

Article 7 | Application

The Club is tasked with the responsibility of ensuring that an application satisfies the relevant prerequisites such that if any prerequisite is not met, that application would be rejected. In such cases, all relevant documents may be submitted to the FIFA Players' Status Committee for a reassessment of the application.

Article 8 | Ex ticle 8 | Ex ticle 8 | Examination Pr amination Pr amination Procedure

If an application fulfills the prerequisites, the association will invite the applicant to take a written examination under the supervision of FIFA. Examinations to hold twice a year in March and September. Dates to be determined by FIFA in January and June every year.

If an examination cannot hold on the set date, the association may decide not to hold it but must announce this decision in advance. Applicant will be charged an appropriate fee to cover cost of organizing and holding the examination.

Examination will be set as a multiple choice test on their knowledge of the current football regulations, civil law and contract law.

Each association to set its own questions on national subjects; applicant who fails to attain the minimum mark may apply to retake the examination. After the third attempt, applicant may not take the examination for another two years.

Article 13 | Publication

Each association must keep an up-to-date list of all the players' agents to which it has issued a license and publish it in an appropriate form (internet, circular letter, etc.), submitted to FIFA. Any amendment must also be communicated to FIFA. Each association has until 30 June each year to submit to FIFA a report on the activity of players' agents in its territory.

Article 19 | Repr ticle 19 | Repr ticle 19 | Representation c esentation c esentation contract

A players' agent shall be allowed to represent a player or a club only by concluding the relevant representation contract with the latter.

Where the player is a minor, s/he's legal guardian(s) shall also sign the contract in compliance with the laws of the country of domicile of the player.

The contract has a validity period for a maximum of 2years, which may be extended for another 2years by a written agreement.

Article 19 | Repr ticle 19 | Repr ticle 19 | Representation C esentation C esentation Contract

The contract shall expressly state who is responsible for paying the players' agent and in what manner. Laws applicable in the association shall be considered.

The contract must contain the following details: the names of the parties; the duration and the payment due to the players' agent; the general terms of payment; the date of completion and the signature of the parties.

The contract shall be issued in four originals which shall be duly signed by both parties, each party keeping one each, while the remaining 2, for registration purposes will be sent to the respective associations of the player and players' agent.

The provisions in this article does not stop the client from concluding an employment contract or a transfer agreement without the assistance of a representative.

Players' agents shall avoid all conflicts of interest in the course of their activity by representing the interests of one party per transaction.

Article 20 | Remuneration

The amount due to a players' agent who has been engaged by a player is calculated based on the player's annual basic gross income, including any signing-on fee that the players' agent has negotiated for him in the employment contract. This amount will not include bonuses or privileges. The Players' agent and the Player will decide on the mode of payment. If no decision was made, and the contract negotiated on behalf of the player lasts longer than what was negotiated, the players' agent is entitled to annual payment even after the expiry of the contract.

This entitlement lasts until the relevant player's employment contract expires or the player signs a new employment contract without the involvement of the same players' agent. If they cannot reach an agreement on the payment to be made, or where the representation contract does not provide for such, the players' agent is entitled to a compensation of 3% of the basic income described above. A players' agent who has been contracted by a club shall be remunerated for his services by payment of a lump sum that has been agreed upon in advance.

Article 21 | Stan ticle 21 | Stan ticle 21 | Standard Representation C esentation C esentation Contract

FIFA shall provide the associations with a standard representation contract which every players' agent is advised to use.

Article 22 | Right To Make Contact, Prohibition On Approaches

Licensed players' agents have the right to:

Contact every player who is not, or no longer, under an exclusive contract with another players' agent;
Represent the interests of any player or club that requests him to do so on his/its behalf;
Take care of the interests of any player or (d) any club with a request to do so;

Article 22 | Right T ticle 22 | Right T ticle 22 | Right To Make Contact, Prohibition On Appr ohibition On Appr ohibition On Approaches

Players' agents are prohibited from acting contrary to their rights or violating any obligations stipulated in the contract. They must ensure that their names, signatures and clients names appear in any contract resulting from a transaction closed.

29 Payment Restrictions And Assignment Of Rights And Claims

This article forbids payment in part or in full, by the debtor (club) to the players' agent, compensation payments including transfer compensation, training compensation or solidarity contribution, that is payable in connection with a player's transfer between clubs, not even to clear an amount owed to the players' agent by the club by which he was engaged in its capacity as a creditor.

Going forward, agents are forbidden from receiving any remuneration other than in the cases provided under Chapter IV of this regulations. However, If the association concerned so requires, payments in favour of players' agents shall be made through a bank account designated by the relevant association.

30 General Provisions (DISPUTES IN CONNECTION WITH PLAYERS' AGENTS' ACTIVITY)

For disputes under this heading arising from or relating to national players' agents regulations, the associations shall refer such dispute to an independent, duly constituted court of arbitration, while taking into account the FIFA Statutes and the laws applicable in the territory of the association. While for international disputes, a request for arbitration proceedings may be lodged with the FIFA Players' Status Committee. However, for cases with ingredients of disciplinary issues, the Players' Status Committee shall submit a file to the Disciplinary Committee together with the request for the commencement of disciplinary proceedings, in accordance with the FIFA Disciplinary Code. This article further provides for when the Players' Status Committee will be barred from hearing such issue and that the procedure for the resolution of such disputes are further provide for in the FIFA Rules Governing the Procedures of the Players' Status Committee and the Dispute Resolution Chamber.

34 Sanctions on players

This article provides a list of sanctions which may be imposed on a player, which may be imposed separately or in combination. They are; a reprimand or a warning; a fine of at least CHF 5,000, a match suspension, a ban on taking part in any football-related activity.

34 Sanctions on Players

35 Sanctions on Clubs

This article provides a list of sanctions which may be imposed on clubs, which may be imposed separately or in combination. They are; a reprimand or a warning, a fine of at least CHF 10,000, a transfer ban, a deduction of points, demotion to a lower division.

36 Sanctions on Associations

This article provides a list of sanctions which may be imposed on associations, which may be imposed separately or in combination. They area reprimand or a warning, a fine of at least CHF 30,000, exclusion from a competition.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Nigeria: Highlights Of The New FIFA Agents' Regulation 2022