How To Pass The FIFA Football Agent Exam - Book 1: How To Pass The FIFA Football Agent Exam, #1
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About this ebook
Preparing for the football agents exam is a time-consuming endeavor. The aim of this series of books is to prepare you, teach you and train you how to pass the football agent exam. This series of books will also provide you with the practical elements and theoretical knowledge to help you gain an edge over other football agents in this highly competitive sector.
I passed the football agent exam in my first attempt in 2007 in the Netherlands. Since then, I have honed my approach into a method to help other aspiring agents pass the exam as well.
It is my goal and purpose to train and guide current intermediaries through the most important study material. I will try to accomplish this in the simplest way possible. However, as the FIFA regulations have been amended several times based on both CAS and FIFA jurisprudence, it is irrevocable to not mention certain landmark cases to explain the meaning of the articles and provisions.
Intermediaries who are already in the possession of a license, because they were already licensed players' agents before April 2015, can use this series of books as a handbook to refresh their knowledge and update their skills as the books will give you a comprehensive overview on all the essential material and updates from the past years. Students who aspire to build a career in the sports industry as a football agent can use this series of books as a first introduction to the most important regulations and jurisprudence.
About the writer
Patrick Poldervaart is a Rotterdam-based football agent currently working in Amsterdam for one of the leading agencies in the Netherlands. In 2007, Patrick was one of the youngest ever to pass the FIFA players' agent exam (without a resit-exam).
In his more than a decade-long career as a football agent he has concluded more than 300 transfers and employment contracts. Patrick has provided legal assistance and advice to many football agents and clubs on the conclusion and finalization of (inter)national transfers. He ensures that football agents' practices, (international) procedures, transfer contracts, employment contracts and representation contracts are compliant with the latest (inter)national laws and regulations.
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Book preview
How To Pass The FIFA Football Agent Exam - Book 1 - Patrick Poldervaart
HOW TO PASS THE FIFA FOOTBALL AGENT EXAM
Book 1: Strategies, tips and
preparation for exam success
BY PATRICK POLDERVAART
Patrick Poldervaart is a Rotterdam-based football agent currently working in Breda for one of the leading agencies in the Netherlands. In 2007, Patrick was one of the youngest ever to pass the FIFA players’ agent exam¹ (without a resit-exam).
In his more than a decade-long career as a football agent, Patrick has concluded more than 300 transfers and employment contracts.² Patrick has provided legal assistance and advice to many football agents and clubs on the conclusion and finalisation of (inter)national transfers. He ensures that football agents’ practises, (international) procedures, transfer contracts, employment contracts and representation contracts are compliant with the latest (inter)national laws and regulations.
Copyright:
© 2021 Patrick Poldervaart
Paperback Book ISBN: 9798494611543
Ebook: ASIN: B09NT53JWH
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic mechanical, photocopying, recording, scanning, or otherwise, except as expressly permitted by law, without the prior written permission of the writer.
You must not circulate this work in any other form, and you must impose this same condition on any acquirer.
Disclaimer:
The advice and opinions in this book are my own and are based on the experience I have gained over a decade as a football agent. The content of this book does not reflect the views of the official examiners, nor has it been endorsed by them.
The content of this series of books does not contain legal advice, nor is it a replacement for the relevant study material as provided by the FIFA and/or the national associations.
All decisions mentioned in this book are published on the CAS website, in the CAS Bulletin or on the FIFA website. All regulations mentioned and used in this book are publicly available on the FIFA website.
Contact:
I also provide personalised advice based on 1:1 coaching sessions in which we can go into more detail regarding the regulations to pull you to an even higher level in this industry. For any questions regarding the content of the books, webinars related to the regulations or possibilities for custom made personal 1:1 training or group training with more practice material, please contact the writer at:
Email: info@poldervaartconsultancy.nl
Instagram: @patrickpoldervaart
LinkedIn: www.linkedin.com/in/patrickpoldervaart
Table of Contents
CHAPTER 1: Introduction
History
Build-up
CHAPTER 2: The necessary regulations
Introduction
Explaining the content
CHAPTER 3: General Multiple Choice test strategies
Introduction
Test Taking Skills – Misreading the Question
Tips
Tricks
Strong statements
CHAPTER 4: The RAAC method
Introduction
Explaining the RAAC method
CHAPTER 5: Explaining the Regulation on the Status and Transfer of Players
Introduction
The Regulations article 1: The Introductory Provision
Explaining article 1
Scope of the regulations
Study tip
Practice part 1
Question 1
Explanation to question 1
The Regulations, articles 2 to 4: Status of Players
Explaining articles 2 to 4
Status of players: amateur and professional players
Reacquisition of amateur status
Termination of activity
Practice part 2
Question 2
Explanation to question 2
Question 3
Explanation to question 3
The Regulations articles 5 to 11: Registration of Players – part 1
Explaining articles 5 to 11
Registration
Example 1
Example 2
The exception rule
Example 3
The technical registration
Example 4
The Covid-19 exception rule
The Bridge Transfer
Registration periods
Player passport
Application for Registration
International Training Certificate
Example 5
Loan of professionals
Unregistered players
Study tip
Practice part 3
Question 4
Explanation to question 4
Question 5
The explanation to question 5
The Regulations articles 12 and 12bis: Registration of Players – part 2
Explaining articles 12 and 12bis
Enforcement of disciplinary sanctions
Overdue payables
Practice part 4
Question 6
The explanation to question 6
Question 7
The explanation to question 7
The Regulations, articles 13 to 17: Maintenance of contractual stability between professionals and clubs
Explaining articles 13 to 17
Introduction
Respect of contract
Breaching contract with or without just cause
Explaining the common grounds
Study tip
Sporting just cause
Restriction on terminating a contract during the season
Consequences of terminating a contract without just cause
Buy-out clause vs. Release clause
Explaining just cause
A table with examples of just cause and not just cause
Compensating a breach of contract
Calculating the payment of compensation when breaching a contract
The protected period
CAS jurisprudence related to article 17 para. 1 FIFA RSTP
Several and joint liability of a new club
Jurisprudence relating to article 17 para. 2 FIFA RSTP
Practice part 5
Question 8
Study tip
The Regulations article 18: Maintenance of contractual stability between professionals and clubs
Explaining article 18
The Role of the Intermediary
The length of a player contract
Example 6
Informing the player’s current club
Termination for medical reasons
Pre-contracts
Letter of invitation
Jurisprudence relating to article 18 para. 3 FIFA RSTP
Practice part 6
Question 9
The explanation to question 9
Question 10
The explanation to question 10
Question 11
The explanation to question 11
Question 12
The explanation to question 12
The regulations articles 18bis and 18ter: Third-party influence and ownership of Players’ economic rights
18bis Third-party influence on clubs
18ter Third-party ownership of players’ economic rights
Explaining articles 18bis and 18ter
What are third-party ownership and third-party influence
Players are not third parties
Club perspective
Players’ perspective
Is a TPO ban in the FIFA regulations lawful or unlawful
Facts of the RFC Seraing case
Jurisprudence related to article 18bis FIFA RSTP
Practice part 7
Question 13
The explanation to question 13
The Regulations article 18quater: Special provisions relating to female players
Explaining article 18quater
Practice part 8
Question 14
The explanation to question 14
Regulations article 19: International transfers of minors
Explaining articles 19 and 19bis FIFA RSTP
The introduction
Substantive provision article 19 para. 1
The individual exceptions
The EU/EEA problem noticed by CAS
General remarks on the provisions
Study tip
Registration and reporting of minors at academies
Study tip
The Regulations articles 20 and 21: Training compensation and solidarity mechanism
Explaining articles 20 and 21
Training compensation
Explaining the obligation to pay training compensation subject to the first professional contract
All clubs and the subsequent transfer
Practice part 9
Question 15
The explanation to question 15
Question 16
The explanation to question 16
Training compensation in women’s Football
Practice part 10
Question 17
The explanation to question 17
Solidarity compensation
Practice part 11
Question 18
The explanation to question 18
Question 19:
The explanation to question 19
Study tip
The Regulations, articles 22 to 25: Jurisdiction
Explaining articles 22 to 25
Competence of FIFA
Employment related disputes in the meaning of article 22 FIFA RSTP
Limitations on FIFA Jurisdiction
Study tip
Football Tribunals
Players’ Status Committee
Dispute Resolution Chamber
Dispute Resolution Chamber, according to article 47 para. 2 of the FIFA Statutes
Consequences for failure to pay relevant amounts in due time
24ter Implementation of decisions and confirmation letters
Jurisprudence related to article 24ter FIFA RSTP
Practice part 12
Question 20
Explanation to question 20
The Regulations articles 26 to 29: Final Provisions
Explaining articles 26 to 29
Transitional measures
Matters not provided for
Official languages
Enforcement
Practice part 13
Question 21
The explanation to question 21
Question 22
The explanation to question 22
CHAPTER 6: Final Examination test no. 1
Introduction
Question 1
Question 2
Question 3
Question 4
Question 5
Question 6
Question 7
Question 8
Question 9
Question 10
Question 11
Question 12
Question 13
Question 14
Question 15
CHAPTER 7: Answers final Examination test no. 1
Answers to questions 1 to 15
CHAPTER 8: Explanation answers final Examination test no. 1 with the RAAC method
The explanation to question 1
The explanation to question 2
The explanation to question 3
The explanation to question 4
The explanation to question 5
The explanation to question 6
The explanation to question 7
The explanation to question 8
The explanation to question 9
The explanation to question 10
The explanation to question 11
The explanation to question 12
The explanation to question 13
The explanation to question 14
The explanation to question 15
CHAPTER 1
Introduction
In the past years, you have worked as an intermediary³ under the ‘Regulations on Working with Intermediaries’, as introduced by the Fédération Internationale de Football Association, hereafter ‘FIFA’, in April 2015. In contravention with the FIFA Players’ Agent Regulations 2008, FIFA decided to deregulate agents. This meant that players’ agents no longer needed a licence to provide professional services to either players or clubs. Regardless of their expertise, any person could be involved in football simply by filling in a registration form, paying a yearly fee to the relevant association and providing them with a statement of conduct.⁴
FIFA defines an Intermediary⁵ as:
A natural or legal person who, for a fee or free of charge, represents players and/or clubs in negotiations with a view to concluding an employment contract or represents clubs in negotiations with a view to concluding a transfer agreement.
However, the football industry has precise rules that require a good knowledge of national labour law, national regulations and international regulations and jurisprudence.
A football agent has to deal with the conflicting national legislature and national association rules in the national market. When he/she enters the international transfer market, it gets even more complex because of different national rules and legislation in the various countries. Do specific provisions in the national law prevail over the FIFA regulations or not? Are the national regulations from the association compliant with FIFA regulations or not? Do country A or B’s national regulations apply to the player in case of an international transfer? These are just a few questions that could arise when a football agent enters the international transfer market.
A study of the domestic labour law, national regulations and FIFA regulations were always recommended to the football agents who entered the field after April 2015 as an intermediary.
A few years after deregulation, FIFA announced the FIFA Reform Package, which is the reintroduction of a mandatory licensing system for agents in order to raise professional standards.
This means intermediaries will be obliged to pass the football agent exam to receive such a licence from the moment FIFA enforces the new Football Agent Regulations. Unlike the regulations before 2015, the mandatory licensing system will also apply to lawyers and direct family members of players.⁶
History
Before 2015, the number of participants who passed the exam was deficient. The examinations were held twice a year, in March and September.⁷ Overall, the participants found the level of difficulty of the questions extremely high, which often resulted in a low pass rate. A participant who failed the exam could apply to retake it on the next available date (6 months later). A participant who failed to pass the second attempt exam was not allowed to retake the examination until the following calendar year. A participant who failed to pass the third attempt was not allowed to retake the examination for another two years.⁸ This resulted in a situation wherein it could take an agent years to obtain the necessary licence.
The football agent exam is unknown territory for most participants. Participants were not prepared adequately to take the exam as it was a self study; of course, they were provided with all the necessary (national and international) regulations to study for the exam in the form of handouts, important circulars and some past exam questions. Nevertheless, participants were not taught how to study for and pass the exam itself. In my opinion, the level of difficulty was not the only factor resulting in a low pass rate. Especially if you did not have a legal background, the preparation for this exam was experienced as particularly difficult.
Preparing for the football agent exam is a long, time-consuming endeavour. This series of books aims to prepare you, teach you and train you on how to pass the football agent exam. They will also provide you with the practical elements and theoretical knowledge to gain a competitive advantage over other football agents in this extremely high-competitive sector.
I have studied for, taken and passed the football agent exam in my first attempt in 2007 in the Netherlands. I have honed my approach into a method for other agents to pass the exam.
My goal and purpose is to train and guide current intermediaries through the essential study material. I will try to accomplish this in the most straightforward way possible. However, as the FIFA regulations have been amended several times based on both the Court of Arbitration for Sport (hereafter ‘CAS’) and FIFA jurisprudence, it is irrevocable