FA Intermediary Sanctions & Suspensions – June 2017
21st June 2017
SOFIA - Society of Football Intermediaries and Agents (association)
Update on the ‘Criminal Finances Act’ – September 2017
28th September 2017

Revisions to the FA ‘Regulations on Working with Intermediaries’ – August 2017

FA ‘Regulations on Working with Intermediaries’ – August 2017

Intermediary Regulation Changes Effective Immediately

 

As of the 9th August 2017,  the FA’s revised ‘Regulations on Working with Intermediaries’ were released to all FA Registered Intermediaries, with the important thing to note that these changes came into force with immediate effect (downloads links to referenced regulatory documents are detailed below).

Subsequently, SOFIA would advise that all FA Registered Intermediaries (agents) review these changes immediately, as they specify certain obligations affecting not only FA Registered Intermediaries (agents), but also other football participants and associated third parties including :  players, agency employees, scouts and other intermediary associates. Being fully aware of these regulatory revisions with regards to any ongoing or future intermediary activity an intermediary may undertake will hopefully avoid future possible sanctions and detrimental effects on an Intermediaries business and professional reputation.

One of SOFIA’s legal advisers has looked at the most prevalent points of these regulatory changes and highlighted the two most significant changes to the regulations that FA Registered Intermediaries need to be aware of as follows :

  1. Is now stipulated as an offence for an Intermediary to enter into a Representation Contract with a Player under an exclusive Representation Contract with another (intermediary)……….
    and, crucially,
  2. it is likewise an offence by the Player if he enters into a Representation Contract with an Intermediary whilst under an exclusive Representation Contract with another Intermediary.

Were these new Regulations (now framed as Regulation B12 and B13) in force from April 2015, we would have potentially seen countless charges being brought by the FA against Intermediaries and other football participants (including players).

Other changes to the Regulations include:-
  • an updated conflicts of interest rule (E4)
  • a restriction on an intermediary having any interest in a registration or economic right (E5)
  • a new duty of disclosure that applies to players, clubs, club officials (E8)
  • an obligation upon intermediaries to ensure that their employees who are not registered intermediaries do not conduct intermediary activity
  • an obligation upon intermediaries to use reasonable endeavours to ensure that the Organisation they work for complies with the Regulations and FA rules

It is hoped that these changes are an indication that the FA in light of criticism of football ‘agent’ (intermediary) regulations introduced following FIFA’s decision to replace more rigourous ‘agent licensing’ with the concept of ‘football intermediaries’ ; are a step in the direction of more effective regulation of football agent and intermediary activity.

SOFIA would like to stress that should an FA Registered Intermediary or related football ‘participant’ have any uncertainties, questions or queries about the FA’s ‘Regulations on Working with Intermediaries’, these should always be made directly to the FA’s Player Status Team on 0844 980 8213 or via Intermediaries.Queries@TheFa.com .

Download “FA Regulations on Working With Intermediaries 2017-2018 (9-8-17)” intermediary-regulations-july-2017.pdf – Downloaded 530 times – 536 KB

Download “Intermediaries Guidance Notes 2017-2018 (9-8-17)” intermediary-guidance-notes-july-2017.pdf – Downloaded 231 times – 481 KB

 

For any media enquiries about SOFIA and its plans, please contact SOFIA’s media team via media-enq@sofia.football