The transfer window often feels exciting for clubs, agents and even footballers. The ongoing transfer window is only 30 days and because of its nature there is need for urgency and speed to complete transactions.
Clubs look at this transfer window as a time to quick fix loose ends, footballers (especially those out of contract) see it as a chance to sign up with clubs mid-season and agents as a time in the business to make quick money.
As much as this is a window that stakeholders use to fix loose ends with speed, it is a transfer period that must be handled with more precision and legal expertise. This transfer window offers opportunity, but it also carries significant risk.
It is important to note that this transfer window is not for everyone and the FIFA RSTP is quite clear with who can take part in this transfer window and for whom it works. Under Articles 6 and 5, the Fifa RSTP imposes restrictions on player registrations.
Article 5 provides for maximum number of registrations and Article 6 provides for registration periods and exceptions. Under both articles, provisions only safeguard professional players not amateurs, as such, amateur players are not expected to be transferred within this period. Simply, it’s not a flexible transfer window!
Ugandan football clubs are expected to comply with these regulations set by Fifa even if they might not be enshrined within the Fufa RSTP. Failure to be compliant can result in legal consequences.
During this transfer window, only the following can happen and to only professionals;
– Transfer of players whose contracts were terminated with/without just cause and those which expired before the end of the relevant transfer window.
-Registration of players whose contracts were terminated with/without just cause and those which expired before the end of the relevant transfer window.
*Players who were not registered in the relevant transfer window can be registered during this window.
-Football Stakeholders must be very careful not to perpetuate a bridge transfer because of the urgent need of players to find a club to play.
This means that clubs, players and agents must be extremely cautious in transactions in order to be fully compliant.
Consequently, without legal precision, agents risk professional liability while clubs risk sanctions and player inactivity if due diligence is not made to ascertain key facts such as player status, contractual history of the player among others.
Besides legal compliance, football stakeholders especially footballers need to do due diligence on the clubs in which they have interest and the agents who approach to represent them. It is important for a footballer to understand the background of the club he intends to join, especially if the club pays salaries on time. A footballer also needs to be sure that the agent representing him is licensed and has his best intentions at heart to avoid future disputes. The agent equally holds the same responsibility while planning transactions with a club and a player.
Legal advice during this transfer window is indispensable because despite it being an official window, it’s a limited one and cannot be seen as a flexible one to cure past mistakes and fix loose holds.
In such a short and restrictive transfer window, caution, compliance and due diligence are not optional, they are essential before rushing to wrap up a transaction.