The English FA has now published a set of standard documents for Intermediaries as well as its Test of Good Character and Reputation for Intermediaries. It has also confirmed the registration fee payable upon registration.
The Standard Documents
As expected, The FA’s standard Player / Intermediary Representation Contract is extremely brief. The two-page template leaves spaces for the Intermediary to fill in various key elements of the representation arrangements, including the services to be provided and the way in which the Intermediary will be remunerated.
However, the representation contract is a crucial document which sets out the terms of the Intermediary’s relationship with their client and Intermediaries would be well advised to add to and enhance their template representation contract in a number of ways. Indeed, even The FA’s own guidance which accompanies the template acknowledges that Intermediaries may wish to seek legal advice on it. The guidance states:
“The various FA standard documents have been produced with a view to being compliant with both FIFA and The FA Regulations on Working with Intermediaries. The parties are welcome to add their own clauses to these FA standard documents or use their own templates, so long as they are compliant with those two sets of regulations. The FA recognises that the parties may want to contract on a legally more comprehensive basis, and in any event we advise the parties to take their own legal advice in relation to the use of any of the above standard documents.”
If you would like to speak to us about the ways in which we can assist you in enhancing and improving the template representation contract, please get in touch.
The FA has also published other standard documents, including a Club / Intermediary Representation Contract, tripartite representation contract and sub-contract. We would be pleased to advise you on any of the standard documents.
The Registration Fee
The FA has confirmed that the initial Intermediary registration fee will be £500 for individuals and companies, and the annual renewal fee will be £250. The £500 initial registration fee will be waived for those individuals who are FA Licensed Agents as at 31st March 2015, although such persons will be required to pay the £250 fee for any subsequent registration each year.
The Test of Good Character and Reputation for Intermediaries
A natural person (i.e. a human being, not a company) who wishes to register as an Intermediary will be required to satisfy The FA of his/her impeccable reputation before being registered. Bear in mind the requirements of the test are on-going and will continue to apply to an Intermediary throughout the period of the registration.
An applicant is required to provide a ‘Declaration’ confirming that he/she is not subject to any ‘Disqualifying Condition’. In summary, the Disqualifying Conditions are currently:
- having an unspent conviction for any offence anywhere in the world for a violent, financial or dishonest crime'
- being prohibited by law from being a director of a company;
- being subject to a direct / indirect suspension or ban from involvement in the administration of sport, a suspension or ban from participating in a sport for a duration of at least 6 months or a prohibition from working as a sports agent / intermediary, by any ruling of a sports governing body;
- being bankrupt;
- being subject to any form of suspension, disqualification or striking-off by a professional body (e.g. the Solicitor’s Regulation Authority, Bar Council, etc.); or
- being required to notify personal information to the police under Part 2 of the Sexual Offences Act 2003.
In addition to completing a Declaration to confirm that he/she is not subject to any ‘Disqualifying Condition’ at the time of registration, an Intermediary must confirm that they continue to meet those criteria by completing a Declaration every time they conduct Intermediary Activity in relation to a Transaction.
If an Intermediary wishes to be authorised to conduct Intermediary Activity in relation to minors (i.e. players under the age of 18), they must undergo an ‘Assessment’, whereby The FA considers whether to grant this additional authorisation based on the content of a criminal records check. If an applicant fails the Assessment, he/she will not be authorised to conduct Intermediary Activity in relation to minors (which includes signing the minor on a representation contract).
The FA will issue a ‘Disqualifying Instruction’ to any applicant or Intermediary who cannot satisfactorily complete the Declaration or (in respect of the authorisation to conduct Intermediary Activity in relation to minors) fails the Assessment, or if The FA becomes aware that the Intermediary is subject to a Disqualifying Condition. The applicant or Intermediary will then not be permitted to be registered and/or cannot conduct Intermediary Activity in relation to minors (as The FA directs). It is open to an applicant or Intermediary to appeal against the issue of Disqualifying Instruction to an Appeal Board of The FA.
If you would like to know more about the standard documents or the Test of Good Character and Reputation for Intermediaries, please get in touch.
