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The new FIFA Football Agent Regulations

The profession of Football Agent has become omnipresent in professional football. In the face of
many excesses, the FIFA Council decided to modernise the regulatory framework for football by
approving the FIFA Football Agent Regulations (hereinafter: the "Regulations") at its meeting on
16 December 2022. As the governing body of world football, FIFA also acts as a legislator in all
football activities.

It must be said that the entry into force of the Regulations, which govern the function of Football
Agents1 in the international transfer system and apply to all Representation Agreements with an
international dimension, automatically entails the repeal of the FIFA Regulations on collaboration
with intermediairies2.

All these provisions of the Regulations are intended to strengthen the contractual stability between
clubs and players or coaches, to protect the integrity of the transfer system and to achieve greater
financial transparency, and to guarantee the quality of the services provided by a Football Agents
to their clients, with notably:

1) the creation of a mandatory licensing system


2) prohibiting multiple representation with the same individual
3) the capping of the service allowance of Football agents

1) On the creation of a compulsory licensing system

The new Regulations will remedy the lack of regulation of the Football Agent profession since the
abolition of licenses by FIFA in 2015. Licenses will again become mandatory and the issuance of
a license will allow a Football Agent to offer football agent services worldwide (Art: 8.c of the
Regulations).

It should be noted that FIFA recognizes national licensing systems under certain conditions.

2) On the prohibition of multi-representation with the same individual


In order to avoid conflicts of interest, Art. 12.4.a of the Regulations 3 provides that: "A Football
Agent may only execute one Representation Agreement with the same individual 4". On the other
hand, according to Art: 12.8.a of the Regulations, dual representation is allowed in the case where
an Football Agent may perform Football Agent Services 5 and other Services for an individual and
an Engaging Entity6 in the same transaction, provided that prior explicit written consent is given
by both Clients. In addition, a Football Agent may execute multiple Representation Agreements at

1
Football Agent: a natural person licensed by FIFA to perform Football Agent Services.
2
Circular n°1827.
3
Art: 12. 3 of the Regulations : «A Representation Agreement concluded between an Individual and a Football Agent may
not exceed two years. This term may be extended by a new Representation Agreement only. Any automatic renewal
provision, or any other provision that purports to extend any term of the Representation Agreement beyond the maximum
period, shall be null and void».
4
player or coach.
5
Football Agent Services: football-related services performed for or on behalf of a Client, including any negotiation,
communication relating or preparatory to the same, or other related activity, with the purpose, objective and/or intention of
concluding a Transaction.
6
Engaging Entity: a club, member association or Single-Entity League that may engage a player or coach.

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the same time with the same Engaging Entity or Releasing Entity 7, provided that such agreements
are for different transactions8.

However, It should be noted, that before entering into an Representation Agreement with an
individual or amending a previously entered into Representation Agreement, inform the
Individual in writing that they should consider taking independent legal advice in relation to
the Representation Agreement9 obtain the Individual’s written confirmation that they have
either obtained or decided not to take such independent legal advice10.

Unlike an Representation Agreement between an individual and football agent, which cannot
exceed two years, an Representation Agreement between an Engaging Entity or Releasing Entity
and Football Agent is not subject to any maximum term. Therefore, as of october 1, 2023, any
new Representation Agreement or renewal of an existing Representation Agreement entered into
after the approval of these Regulations must comply with these Regulations.

3) On the cap on the service fee


FIFA is making changes to the compensation of Football Agents with a cap on the service fee set
independently of the individual's annual remuneration and the transfer compensation as illustrated
below.

7
Releasing Entity: a club, member association or Single-Entity League that a player or coach is leaving to be employed
and/or registered by an Engaging Entity.
8
Art. 6 of the Regulations.
9
Art. 12.4.a of the Regulations.
10
Art. 12.4.b of the Regulations.

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