Conflicts of interest for football agents: what you should avoid

One of the stated objectives of the RFAF is"limit conflicts of interest to protect clients from unethical behavior"(art. 1, section 2 c). It is not a rhetorical statement: the regulation dedicates multiple articles to defining what a conflict of interest is, which ones are prohibited, which ones are allowed under strict conditions, and what consequences the agent who violates them faces.

For an agent, understanding conflicts of interest is not optional — it is a matter of professional survival. A violation can cost you your license, a fine, and even a ban from practicing. And for a player, understanding these rules protects you from agents who act with divided loyalties.

What this article covers

What is a conflict of interest according to the RFAF
The definition of "interest": when you have a problem
Linked agents: family, agency and agreements
The 3 prohibited combinations in the same transaction
Double representation permitted: requirements and limits
Customer alternation: the trick that FIFA monitors
Interest in clubs, academies, leagues and betting
The prohibited conduct of art. 16
Obligations of clubs: not to interfere
Sanctions for conflicts of interest

What is a conflict of interest in the context of the RFAF

A conflict of interest occurs when an agent hascompeting incentivesthat can compromise your loyalty to your customer. The classic example: an agent who represents the player and at the same time has an agreement with the club of origin to facilitate the sale. Who are you going to get the best deal for? To the player (better salary at the destination club) or to the club of origin (higher transfer price)?

The RFAF addresses conflicts of interest from three angles: the definition of “interest,” the concept of “related agent,” and specific rules about who can represent whom in each transaction.

The definition of "interest"

The RFAF defines “interest” broadly (art. definitions):

Beneficial ownership
Any beneficial ownership of a legal entity through which the relevant activity is carried out.Exception:the ordinary, non-transferable, open-access personal membership that grants a single vote in the affairs of a club (membership in a members' club is not "interest").

Material influence
Be in a position from which material, financial, commercial, administrative, managerial or any other type of influence can be exercised over the affairs of a natural or legal person, directly or indirectly, formally or informally.

This means that you do not need to own a club to have a prohibited "interest" — it is enough to have material influence over its decisions. And the definition is intentionally broad to cover indirect structures.

Linked agents: when your relationship generates restrictions

Afootball agent linkedis another agent with whom you have a connection that generates regulatory restrictions. According to the RFAF, two agents are linked when:

They areemployees or collaboratorsfrom the same agency
They aredirectors, shareholders or co-ownersfrom the same agency
They aremarried, de facto couple, siblings, or parent and child/stepchild
They have aagreement(formal or informal) to collaborate on more than one occasion or share income from their representation services

Why does it matter?If Agent A and Agent B are linked, and Agent A represents the home club in a transaction,Agent B cannot represent any other party in that same transaction(art. 12, par. 10). Binding is extended as a constraint that covers all connected agents.

Example from FIFA FAQ

Agent A and Agent B work in the same agency (related). Agent A acts on behalf of the home club on a transfer. Agent Bcannotact on behalf of the player or the destination club in that same operation. If you do, you are both in violation.

The 3 prohibited combinations

The general principle is that an agent (or linked agents) can only representone partin each transaction. Prohibited combinations:

Combination	Allowed?
Represent thehome clubandplayerin the same transaction	PROHIBITED
Represent thehome clubanddestination clubin the same transaction	PROHIBITED
Represent thethree parts(origin + destination + player)	PROHIBITED
Represent theplayeranddestination club(double representation)	ALLOWED(with written consent of both)

Double representation allowed

The only exception to the principle of single representation is thedouble representation: The agent can simultaneously represent the player and the target club in the same transaction, but only if these conditions are met:

Both clients give theirexplicit written consentbefore the transaction begins
The agent cannot hide this fact from any of the parties
The destination entity can pay up to the50% of total feesfrom the agent
The combined fee caps are 10% (or 6% on the excess of USD 200,000) — although remember that these caps aretemporarily suspended

Customer alternation: the trick that FIFA monitors

Theclient alternationis a practice that FIFA considers potentially fraudulent. It occurs when, during the same transaction, an agent representing a player terminates that representation contract, signs a new one with the club of origin, and then re-signs with the player.

According to the FIFA FAQ, this practice"it is very likely that it falls within the scope of art. 16, section 2 c) of the RFAF, which prohibits conflicts of interest"and art. 18, section 2 d), which prohibits clubs from interfering with the player's freedom to choose an agent. The alternation of clientscan lead to investigation and sanctions.

Another risk case:An agent represents the player in his transfer to Club B, and simultaneously (or shortly after) agrees with Club B to represent him in afuture salefrom that same player. This creates a conflict because the agent has incentives to close a good deal with Club B (his future client) instead of getting the best conditions for the player. FIFA describes it as a situation that *"could be the subject of investigation"*.

Prohibited interest in clubs, academies, leagues and betting

Art. 5 of the RFAF prohibits an agent (or his agency) from havinginterestin:

Clubs, academies or leagues:You cannot be an owner, shareholder, director or have material influence over a club, training academy or league. The reason is obvious: if you have an interest in a club and you represent a player transferring to that club, your loyalty is compromised.

Sports betting entities:In the 12 months prior to applying (and for the entire duration of the license), you cannot have an interest in any entity that sells, manages or develops sports betting activities. This is directly connected to the regulations againstmatch manipulation.

Positions in FIFA, confederations, federations, leagues or clubs:You cannot be an officer or employee of these entities and at the same time be an agent. The only exception is representing the interests of agents in designated bodies of FIFA or confederations.

The prohibited conduct of art. 16, section 3

The RFAF expressly prohibits the agent from:

Induce a player to terminate his contractwithout just cause or to breach its contractual obligations
Offer improper advantagesto club officials or players/family members to obtain representation contracts
Hide material factsto the client, including failure to declare a conflict of interest or failure to report an offer received in writing
Avoid fee capsdirectly or indirectly (for example, by inflating fees for "other services")
Accept compensation payments by transferor training rights
Participate in bridging transfersor is the holder of rights over the registration of a player (arts. 18 bis and 18 ter of the RETJ)

What clubs cannot do

Art. 18, section 2 of the RFAF also imposes restrictions on clubs:

They cannothire people without a licensefor representation services
They cannotinterfere with the agent's free choiceby the player (this is essential: the club cannot force you to use "their" agent)
They cannothave interest in an agencynor allow an agent to have an interest in the club
They cannotinduce the player to breachyour representation contract with your agent

For players:If a club tells you that "you have to use this agent" or that "the transfer is only made if your agent is so-and-so", that is a violation of the RFAF. You have the right to freely choose your agent. And if a club tries to interfere, both the club and the agent involved can be sanctioned.

Sanctions

Infringements due to conflicts of interest are sanctioned in accordance with the FIFA Disciplinary Code. Sanctions may include:

Fine(the amount depends on the severity)
License suspensionup to 2 years
Withdrawal of license
Prohibition of exercising activities related to football

For clubs that violate art. 18, sanctions may include prohibition of player registration, fines, and other disciplinary measures.

Practical guide: how to avoid conflicts of interest

Golden rules for agents

Represents only one party per transaction—except double representation with written consent of both.
Do not associate with agents who represent the counterparty.If your partner, brother or agency colleague represents the club of origin, you cannot represent the player in that operation.
Always declare any potential conflict.Even if the conflict is permitted (double representation), you have the obligation to declare it. Failure to declare is, in itself, an offense (art. 16, section 3 c).
Do not mix “other services” with representation services.If you invoice consulting, marketing or any other services to a client involved in a transaction, FIFA may presume that it is disguised representation.
Have no interest in clubs or betting.Neither directly nor through your agency. If you have corporate interests, resolve them before applying for the license.
Documents everything.Representation contracts, written consents for dual representation, agreements between agents, corporate structure of your agency — everything must be on the FIFA platform within 14 days.

This guide is based on the RFAF (December 2024 edition, arts. 5, 11, 12, 14, 15, 16, 18), the RFAF FAQ (questions 2.2, 2.3, 4.16, 4.17, 4.18, 4.19), and the Explanatory Notes on the RFAF (January 2023). This guidance is informative and does not replace the advice of a specialized attorney.

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Conflicts of interest for football agents: what you should avoid