Conducting transfer negotiations is not a business that anyone in the football market may freely take on. The Turkish Football Federation has made those who wish to operate in this field subject to a licence requirement and has drawn the limits of agency activity by way of a separate instrument. The text setting out that framework is the Regulations on Working with Football Agents, which entered into force upon being announced on the Federation’s official website on 09.06.2015.
The Regulations do not remain a fixed text. The TFF Executive Board amends them from time to time in order to keep pace with the changing needs of the sector. Items such as the application fee and the licence fee are also redetermined each year, and the updates made are announced to the public through the Federation’s official website, www.tff.org. For that reason, when an application is being prepared, the text in force and the current published tariff must be separately verified.
Below we assess, with a practitioner’s eye, the scope of agency activity, the qualifications required of candidates, the contents of the application file, the working of the Evaluation Commission, and the registration of the licence together with the annual endorsement regime.
The Scope of Football Agency Activity
The Regulations define the football agent as follows:
Regulations on Working with Football Agents
“Natural persons licensed by the TFF who, for a fee or free of charge, represent footballers or clubs for the purpose of conducting the negotiation of a ‘Professional Footballer Contract’, or who represent clubs for the purpose of conducting transfer negotiations between clubs”
The first conclusion to be drawn from the definition is that the activity may be carried on for consideration but may equally be undertaken without charge; the determining element is that the power of representation rests on a licence obtained from the Federation. Accordingly, footballers and clubs may, save for the exceptions provided for in the Regulations, avail themselves only of the services of a person who has signed the agency undertaking and has obtained a licence by satisfying the conditions required by the instrument.
Qualifications Required of Candidates
A person who wishes to apply for a licence must possess all of the attributes listed in Article 4 of the Regulations and must then apply to the TFF. Under that article, the candidate must:
- be a citizen of the Republic of Türkiye or hold lawful residence and a work permit in the country,
- not be the subject of a final conviction in respect of match-fixing and incentive bonuses or of the offences listed in the article of the Football Disciplinary Regulations with the marginal heading “Conviction”,
- not have a final sanction imposed by the Disciplinary Boards on the ground of influencing the result of a match, betting, doping, discrimination or acts of forgery,
- be a person spoken of favourably in his professional and social circle,
- possess “an impeccable reputation” in moral terms,
- not have held any paid or honorary office at FIFA, at the confederations affiliated to FIFA, at the TFF, at the federations of other countries, in any league organisation or at clubs, or on any of their boards,
- not hold the status of an active footballer, technical director, coach or match official,
- have no relationship arising from a contract with structures such as the TFF, FIFA, the confederations affiliated to FIFA, the federations of other countries and league organisations that could give rise to a potential conflict of interest,
- also satisfy the other conditions that the TFF may subsequently lay down in respect of agency activity.
Unless all of the above are satisfied together, it is not possible for a licence application to be granted.
It should also be noted that the instrument in force has abolished the Football Agent Examination previously applied. Accordingly, persons who possess the necessary qualifications and apply in due form may acquire the status of agent without sitting an examination, in accordance with the decision to be given by the TFF.
Documents Required in the Application File
For the application of a candidate satisfying the above conditions to be accepted and registered, the following documents must be included in his file:
- an application letter setting out the request,
- 1 passport-size photograph,
- a certificate of residence,
- a certified copy of the identity card; for candidates who are not citizens of the Republic of Türkiye, a certified copy of the passport,
- a criminal record obtained no earlier than 1 month before the date of application,
- the receipt showing that the application fee has been paid,
- a signed Agency Undertaking, by which it is undertaken that the regulations and rules of FIFA and the TFF and the fundamental principles of this business will be complied with in the course of the activity,
- such other documents as may additionally be requested by the TFF.
The originals of the documents listed must be submitted to the Federation in full. The file may be delivered to the TFF by hand or sent by post. If any deficiency in the documents is identified at the time of application, the request is refused.
Examination of the Application and Objection to a Refusal
Whether a licence request conforms to the criteria laid down in the Regulations is examined and determined by the Evaluation Commission appointed by the TFF Executive Board. The Commission does not deal with files on a continuous basis but takes them up in the months of December and May of each calendar year and reaches a favourable or unfavourable conclusion on the applications.
The refusal of requests that do not meet the qualifications required is unavoidable. A candidate on whom a refusal decision has been served may object to the TFF Executive Board within 7 days of service; where that period passes without an objection, the decision becomes final.
After a refusal decision has become final, at least one year must elapse and it must be proved that the ground on which the refusal was based has ceased to exist before a further licence request may be made. On the other hand, a favourable decision of the Commission is not in itself sufficient to begin activity. Whether applying for the first time or having had an earlier application accepted, agents are obliged to attend the Football Agency Training Seminar organised by the TFF.
Issue of the Licence and Use of the Title
An Agency Licence is issued in respect of persons whose application has been accepted and who have attended the training seminar. The delivery of the document to the person concerned is conditional upon proof that the annual registration fee (TRY 12,000 for 2021) determined by the TFF Executive Board and the processing charge have been paid.
A person who obtains the licence acquires the right to use, after his forename and surname, the title “Football Agent Licensed by the Turkish Football Federation”. On printed material and business cards, the logos permitted by the Federation may be included.
Annual Endorsement and Suspension of the Licence
The agency licence is not in the nature of an authorisation of unlimited duration; it must be endorsed each year. For the endorsement procedure the agent must pay the annual endorsement fee (TRY 12,000 for 2021) determined by the TFF Executive Board and submit the information and documents requested by the Federation.
Neglect of these obligations has immediate consequences. Where the endorsement fee is not paid or the information and documents requested are not provided, the licence of the person concerned is suspended.
Organising the Activity Within a Company
Agency work is, by its nature, an activity that must be carried on personally by a natural person. That said, there is no obstacle to agents establishing their commercial organisation within a corporate structure.
Even where incorporation is chosen, the essential point does not change: the persons who will actually carry on the activity must hold a licence in accordance with the Regulations and must possess the conditions provided for in the instrument.
Independent Legal Assessment
An agency licence is not so much a one-off permission as a status subject to continuing supervision. The qualifications satisfied at the application stage must also be maintained throughout the period of activity; a disciplinary sanction, an office giving rise to a conflict of interest, or neglect of the endorsement obligation may directly imperil the status. A significant proportion of the problems encountered in practice arise not from the refusal of the application but from failures of compliance occurring in the period after the licence has been obtained.
It should also be borne in mind that the text of the Regulations and the fee tariffs change periodically. Information valid for one year cannot be taken as the basis for the following season without more. In assessing a concrete application or dispute, the following points should be addressed as a matter of priority:
- Establishing by documentary evidence, as at the time of the application, the qualifications listed in Article 4 of the Regulations
- Ensuring that the criminal record has been obtained within the 1-month window prescribed by reference to the date of application
- Completing the file in good time, having regard to the December and May timetable of the Evaluation Commission
- Not missing the 7-day period for objecting to a refusal decision, and supporting the grounds of objection with concrete evidence
- Monitoring the annual endorsement obligation so as to avert the risk of the licence being suspended
- Checking the licence position of the persons actually carrying on the activity in organisations run through a company
Independent Legal provides advisory services across a broad spectrum in the field of sports law, from agency licensing procedures to the drafting of representation contracts and the conduct of disputes before the federation.