Question

Club C and Club D entered into a transfer agreement containing the following clauses: Clause 1: Club D shall pay Club C a fixed solidarity payment on each anniversary of the transfer. Clause 2: Club D must accept any offer of at least EUR 5,000,000.00 for the player. Clause 3: Club D may transfer the player only with Club C's prior written consent. Do any of these clauses breach article 18bis of the FIFA Regulations on the Status and Transfer of Players?

Accepted Answer

Yes, clauses 2 and 3, because Club C acquired the ability to influence Club D's independence in employment and transfer-related matters by restricting acceptance of offers and future transfer freedom. Article 18bis paragraph 1 prohibits agreements that enable a counter club or third party to influence a club's independence in employment and transfer-related matters. Clause 2 obliges acceptance of offers meeting a threshold and clause 3 subjects future transfers to prior consent, together restricting Club D's autonomy. Clause 1 describes a payment arrangement that is not, by itself, an influence prohibition of the kind targeted by article 18bis. Options b and c identify only part of the breach. Option d mischaracterises clause 1 as prohibited.

Answer

Yes, clauses 2 and 3, because Club C acquired the ability to influence Club D's independence in employment and transfer-related matters by restricting acceptance of offers and future transfer freedom.

Answer

Yes, only clause 2, because Club C may not influence the transfer fee at which Club D may sell the player.

Answer

Yes, only clause 3, because prior written consent restricts Club D's autonomy in deciding whether to transfer the player.

Answer

Yes, clause 1, because anniversary solidarity payments are prohibited

Third-party influence

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