02 Aug 2017 03:44:16
To any of the eds. would it be possible at some point for an article or a link to a reliable website to be posted with regards to clauses in contracts and how they do and don't affect clubs. No problem if it's not but it would make a very interesting read and hopefully create more of an understanding

Thanks in advance.

{Ed002's Note - I don't know what you mean by "and how they do and don't affect clubs". What is your real question?}

1.) 02 Aug 2017
02 Aug 2017 19:13:24
I think what he means Ed002 is in regards to selling on fees and maybe release/ buy back clauses and how it is diffirent country to country (How just because a release clause exists for a player in a certain country does not mean every club can use that release clauseand guarantee them a player at that price for example Keita and Liverpool) Which quite possibly may have been the question behind the question :) As far as I am aware though it would be almost impossible to get all that information as each case is diffirent and can't use situation A to say situation B will follow the same procedure (In most cases) that is my understanding but I could be waaaaay off.

{Ed002's Note - Perhaps a reminder about transfer related clauses would be apt. This is a horribly complex area not least because they are written under individual national laws. They cause a great deal of misunderstanding with football supporters and the media alike.

The "buy out" clause is legally binding between a club and a player. The "buy out" is effectively what it says - a means for the player to buy himself out of the contract. As an example, if a player wishes to buy himself out of a contract, he pays the applicable FA (on behalf of the club) the amount of the "buy out" clause effectively becoming a free agent. The problem is that in most cases a player would need to obtain that money from the buying club - and this is fraught with issues regarding "tapping up" and, of course, taxation (as it can be seen as income for the player and would therefore be subject to income tax). There was a test case about the taxation issue in Spain about four years ago. So "buy out" clauses are very rare. Related to this is the Webster Ruling but I don't intend to go in to that now.

A "release clause" is far more common in that it gives a figure that the club would accept for the sale of a player to another club - but it is not legally binding except where both parties (clubs) are in the same country (for the sake of argument I should say that Spain and Portugal count as the same country as do England and Wales) for legal purposes. These are normally unreasonably high figures (Messi at Barcelona for example) introduced to act as a deterrent for hostile bids - and even then the club could easily block a move. However, if a club in the same country does agree to match a release clause then the selling club would be obliged to ask the player if he is interested - there is no obligation on the player to make a move. For interested clubs outside of the country, the selling club may use it as a guide but are under obligation to accept a bid and may demand a higher figure.

There is then the becoming popular "termination clause" which is binding between the player and the club and if met would see an offer from anywhere accepted and the player given the opportunity to make a call on a move. This overcomes the issues associated with "buy out" clauses as the money would be paid by one club to another and about the legal proximity of the buying side.}

2.) 03 Aug 2017
03 Aug 2017 02:39:02
Thankyou edoo2 and clfc that was what I meant. Really helped.

{Ed002's Note - You are welcome.}