Registration and Transfer Regulations of SFZ

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Registration and Transfer Regulations of SFZ
 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava Registration and Transfer Regulations of SFZ Project name Registration and Transfer Regulations of SFZ Subject Slovak Football Association (SFZ) Body register office of SFZ Submitter of project PaedDr. Jozef Kliment, general secretary of SFZ Head of project JUDr. Peter Sepeši, SFZ Executive Committee member Project manager JUDr. Renata Munková Elaborated by JUDr. Renata Munková, Mgr. Marek Majtán, Mgr. Milan Sládkovič, Mgr. Martin Hasprún, Mgr. Michal Mertinyák, JUDr. Peter Sepeši, Ing. Ján Letko, Mgr. Erik Štepánek Approved by SFZ executive committee Date of approval 10 February 2015 Effective date 15 June 2015 ​
except for article 40 that is effective as of the day of approval of these Regulations 1/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava CONTENTS: ​
PART I ­ General provisions Article 1 ­ Main provisions Article​
2 ­ Inclusion of binding provisions of FIFA RSTP Article​
3 ­ Definitions Article​
4 ­ Status of players Article​
5 ­ Reacquisition of amateur status Article​
6 ­ Termination of activity PART II ­ Registration Regulations of SFZ Article​
7 ­ Central register of SFZ members TITLE I​
​
­ Registration of natural persons and legal persons Article​
8 ­ Registration of natural persons Article​
9 ­ Registration card of an individual SFZ member Article​
10 ­ Registration of legal persons Article​
11 ­ Termination and renewal of registration of a SFZ member TITLE II​
​
­ Special provisions about registration of the player Article​
12 ­ Registration of the player Article​
13 ­ Special provisions about registration card of players Article​
14 ­ Player passport and international player passport Article​
15 ­ Termination, maintenance, renewal and​
change​
​
of registration of the player PART III ­ Club affiliation of player Article​
16 ­ Club affiliation and eligibility to participate in the competition Article​
17 ­ Unregistered player Article​
18 ­ Transfer of player Article​
19 ­ Registration periods Article​
​
20 ­ Special provisions relating to the transfer of minors Article​
21 ­ Registration and reporting of minors at academies Article​
22 ­ Special provisions relating to international transfer via FIFA TMS Article​
23 ­ ​
Special provisions relating to international transfer ​
without using of FIFA TMS PART IV ­ Contractual stability Article​
24 ­ A contract between the player and the club Article​
25 ­ A contract relating to training and education concluded with a promising player Article​
26 ­ Length and effectivity of a contract Article​
​
27 ­ Contract registration Article​
28 ­ The content of contract and its minimum requirements Article​
29 ­ Special provision relating to contract conclusion Article​
30 ­ ​
Unilateral termination of a contract by the​
club Article​
31 ­ Unilateral termination of a contract by the player 2/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava Article​
32 ­ Compensation for the breach of a contract and terminating a contract without just cause Article​
33 ­ Third­party influence Article​
34 ­ Anti­doping Article​
​
35 ­ Restriction on participating in match­fixing and betting PART V ­ Training compensation, compensation for amateurs, solidarity mechanism Article​
36 ­ Training compensation Article​
​
37 ­ Compensation for amateurs Article​
38 ­ Solidarity mechanism PART VI ­ Disciplinary liability and resolution of disputes Article​
39 ­ Disciplinary liability Article​
40 ­ Resolution of disputes Article​
41 ­ Complaints Article​
42 ­ Investigating procedures of SFZ body according to these regulations PART VII ­ Common, transitional and final provisions Article​
43 ­ Common provisions Article​
44 ­ Transitional provisions Article​
45 ­ Final provisions Article​
46 ­ Effectivity ANNEXES ANNEXE 1 ­ National teams of Slovak Republic in football ANNEXE 2 ­ Fees 3/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava Based on article 8 paragraph 3 letter c. and article 52 letter u. of the Slovak Football Association Statutes (hereinafter “the SFZ Statutes”), the Executive Committee of Slovak Football Association (hereinafter “SFZ EC”) has issued the following Registration and Transfer Regulations of SFZ (hereinafter “regulations”): PART I ­ General provisions
Article 1 ­ Main provisions (1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
These regulations are based on the ​
valid and effective version of ​
FIFA Regulations on the 1
Status and Transfer of Players Edition 2014 (​
hereinafter “FIFA RSTP”) and ​
Agreement regarding the minimum requirements for standard player contracts in the professional football 2
sector in the European Union and in the rest of the UEFA territory​
of​
19 April 2012 ​
. Based on the article 1 paragraph 2 of FIFA RSTP, these regulations and their amendments are governed and shall be approved by FIFA. 3
These regulations lay down binding rules concerning registration of SFZ members and 4
players ​
, status and club affiliation of players, their eligibility to participate in organised football, their transfer, contract conclusion and other relationships between SFZ members related to status and club affiliation of players. FIFA RSTP shall apply primarily and these regulations alternatively to international transfer of players. These regulations shall apply in particular to obligations of players and clubs towards SFZ and its members arising by international transfer of players from registration out of national association of another state into SFZ and vice versa. These regulations apply for each player regardless of their age or gender. In accordance with article 1 paragraph 2 of FIFA RSTP, these regulations also lay down rules for resolution of disputes between clubs and players, in the accordance with the principles stipulated in FIFA RSTP. In accordance with article 1 paragraph 2 of FIFA RSTP, these regulations shall govern the system to reward clubs investing in the training and education of young players. These regulations shall apply to releasing players for national teams matches. Article 2 ­ Inclusion of binding provisions of FIFA RSTP (1)
In accordance with article 1 paragraph 3 letter a) of FIFA RSTP, the following provisions of FIFA RSTP shall be included in these regulations (the concerned provision of these regulations is shown in brackets): a) article 2 of FIFA RSTP ­ Status of players (article 4), 1
FIFA Regulations on the Status and Transfer of Players Edition 2014, available on the Internet: http://www.fifa.com/mm/document/affederation/administration/01/95/83/85/regulationsstatusandtransfer_2014_e_neutral.pdf 2
Available on the Internet: ​
http://ec.europa.eu/social/BlobServlet?docId=7678&langId=en 3
​
Article 2 letter c) of the SFZ Statutes. 4
​
Article 2 letter h) of the SFZ Statutes. 4/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava b)
c)
d)
e)
f)
g)
(2)
article 3 of FIFA RSTP ­ Reacquisition of amateur status (article 5), article 4 of FIFA RSTP ­ Termination of activity (article 6), article 5 of FIFA RSTP ­ Registration of the player (article 12), article 6 of FIFA RSTP ­ Registration periods (article 19), article 7 of FIFA RSTP ­ Player passport (article 14), article 8 of FIFA RSTP ­ Application for registration and contract registration (article 12 and 27), h) article 10 of FIFA RSTP ­ Loan of professionals (article 18), i) article 11 of FIFA RSTP ­ Unregistered player (article 17), j) article 18 of FIFA RSTP ­ Special provisions relating to contracts between professionals and clubs (article 29), k) article 18bis of FIFA RSTP ­ Third­party influence (article 33), l) article 19 of FIFA RSTP ­ Protection of minors (article 20), m) article 19bis of FIFA RSTP ­ Registration and reporting of minors at academies (licensed football clubs of CTY and Grassroots) (article 21). In accordance with article 1 paragraph 3 letter b) of FIFA RSTP, these regulations shall also include appropriate means to protect contractual stability with due respect to mandatory law and collective agreements, in particular (the concerned provision of these regulations is shown in brackets): a) article 13 of FIFA RSTP ­ the principle that contracts shall be respected (article 29 paragraph 7), b) article 14 of FIFA RSTP ­ the principle that contracts may be terminated by either party without consequences where there is just cause (article 29 paragraph 8), c) article 15 of FIFA RSTP ­ the principle that the contracts may be terminated by professionals where there is sporting just cause (article 31 paragraph 1 letter c) and paragraph 5), d) article 16 of FIFA RSTP ­ the principle that the contracts cannot be terminated during the course of season (article 29 ods. 9), e) article 17 paragraph 1 ­ 2 of FIFA RSTP ­ the principle that in event of termination of contract without just cause, compensation shall be payable and that such compensation may be stipulated in the contract (article 32 paragraph 1), f) article 17 paragraph 3 ­ 5 of FIFA RSTP ­ the principle that in event of termination of contract without just cause, sporting sanctions shall be imposed on the party in breach (article 39 paragraph 5 and 10). Article 3 ­ Definitions For the purpose of these regulations, the terms are defined as follows: a) active player ​
­ the player who has valid registration card and is registered with a club that is a member of SFZ, b) amateur​
­ the player in accordance with article 4 paragraph 4, c) professional​
­ the player in accordance with article 4 paragraph 3, 5/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava d) active club ​
­ the club from which at least one team is participating in any competition within SFZ season and is a SFZ member as well, e) home club ​
­ the club that the player is registered with, f) new club ​
­ the club to which the player is transferring or to which the player will be loaned, g) season ​
­ the period starting with the first official match of the relevant competition and ending with the last official match of the relevant competition, h) professional licence ​
­ the licence granted by the licensor in compliance with ​
Directive on the Clubs´ Licensing System of SFZ​
, i) licence CTY ­ the licence granted by the licensor in accordance with article 5 paragraph 2 letter a) ​
Directive on the Licensing System of Centre of talented youth and Licensing system of Grassroots​
, j) licence Grassroots ­ the licence granted by the licensor in accordance with article 5 paragraph 2 letter b) ​
Directive on the Licensing System of Centre of talented youth and licensing system of Grassroots​
, k) transfer ​
­ transferring of a player´s registration authorisation from one association football club to another, or moving from one club to another, that can be in a form of 1. permanent transfer (for indefinite period), 2. temporary transfer (loan) (for limited period), l) protected period 1. a period of three entire seasons or three years (whichever comes first) following the entry into force of a contract or its extension, where such contract is concluded prior th​
to the 28​
birthday of the professional, or 2. a period of two entire seasons or two years (whichever comes first) following the entry into force of a contract or its extension, where such contract is concluded prior to the th​
28​
birthday of the professional,. m) ITC ​
­ International Transfer Certificate in accordance with article 9 of FIFA RSTP, n) FIFA TMS ​
­ Transfer matching system (TMS): web­based data information system operated by FIFA designed to administer and monitor international transfers of players, o) official language of FIFA​
­ English, French, German, Spanish language, p) registration ​
­ entry in the Central register of SFZ members that lays also down a affiliation to a full or affiliated SFZ member, q) register office ​
­ a body of ObFZ, RFZ and SFZ which is eligible to carry out entries by a registrar into the Central register of SFZ members, r) ISSF manager ­ a club official who is authorized and entitled by a club to administer a club agenda in the information system of Slovak football (hereinafter “ISSF”), s) central register of SFZ members ​
­ records of information related to creation and termination of memberships in SFZ recorded in ISSF and which also contains register of contracts between clubs and players, players and intermediaries, clubs and intermediaries and between clubs, t) public register of SFZ ­ a publicly available part of Central register of SFZ members which contains official available records on natural persons and legal persons registered 6/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava u)
v)
w)
z)
in SFZ, available on the web­page: ​
www.futbalnet.sk​
, public register of players ­ a publicly available official register of players available on www.futbalnet.sk​
, which contains the following information: a club which a player is registered with, clubs which an active player was registered with, a photograph of a player, duration of a register card of players and date of termination of activity, register affiliation ​
­ an affiliation of ​
SFZ member to specific register office of SFZ, RFZ or ObFZ, registration act ​
­ an act carried out by competent register office after the submission of required documents, namely either online by ISSF, served by post or by a delivery service. The following acts are considered to be registration acts: 1. registration of SFZ member, 2. registration of the player, 3. change, termination and expiry of registration, 4. approval and issuance of registration card of a SFZ, 5. transfer of player, 6. contract registration between player and club, 7. contract registration between clubs, 8. contract registration about representing player or club, 9. termination of activity. intermediary ​
­ ​
a natural or legal person who for a fee or free of charge, represents players or clubs in negotiations with a view to concluding employment contract or represents clubs in negotiations with a view to concluding a transfer agreement. Article 4 ­ Status of players (1)
(2)
(3)
(4)
(5)
Players play football for the club upon their registration with it. Players are registered with a club either as amateurs or professionals. A professional is a player who has a written contract with a club in accordance with article 24, and is paid more for his footballing activity than the expenses he effectively incurs. Players who are not professionals are considered to be amateurs. An active player can be an amateur or a professional in all competitions organised by SFZ and its members, whereas both amateurs and professionals may be together in the same team. Article 5 ­ Reacquisition of amateur status (1)
(2)
A player registered as a professional may not re­register as an amateur until at least 30 days after his last match as a professional. No compensation is payable upon reacquisition of amateur status. If a player re­registers as a professional within 30 months of being reinstated as an amateur, his new club shall pay training compensation in accordance with article 36. Article 6 ­ Termination of activity Professional who ends his career upon expiry of his contract and amateur who terminates his 7/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava activity shall remain registered at the association of their last club for a period of 30 months from the day the player made his last appearance for the club in an official match. PART II ­ Registration Regulations of SFZ
Article 7 ­ Central register of SFZ members (1)
(2)
(3)
(4)
(5)
SFZ by means of ISSF administers the central register of SFZ members that consists of the register of natural persons and the register of legal persons registered at SFZ. In accordance with article 30 and 31 of the SFZ Statutes, the following natural persons shall be registered in the register of natural persons: a) a player, b) a national team player, c) a coach, d) a referee, e) a referee observer, f) a match delegate, g) a member of association body, h) another association official, i) an club official, j) a honorary member and a honorary SFZ president, k) an official of an associated member, l) a supporter (a fan) of national team, m) a supporter (a fan) of a club. In accordance with article 28 of the SFZ Statutes, the following legal persons shall be registered in the register of legal persons: a) a club in accordance with article 28 paragraph 2 letter a. of the SFZ Statutes (an ordinary SFZ member), b) an association in accordance with article 28 paragraph 2 letter b. ­ e. of the SFZ Statutes (an ordinary SFZ member), c) a union or another person in accordance with article 28 paragraph 2 letter f. and g. of the SFZ Statutes, (an ordinary SFZ member), d) an associated SFZ member in accordance with article 29 paragraph 1 of the SFZ Statutes. Registration is carried out by filing the registration form online at electronic filing system of ISSF or by sending the registration form by post according to the instructions given in the form that is either available on the webpage of SFZ (​
www.futbalsfz.sk​
) or in ISSF in the section called Documents in PDF. The registration form for a natural person “​
The registration form of SFZ or SF member​
” is divided into mandatory and optional entries, and shall consist, in particular, of a) at least the following personal details of a natural person: first name, surname, family name, degree, personal identification number or different unique identifier, date of birth, gender and nationality, 8/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (6)
(7)
(8)
(9)
b) at least the following contact details of a natural person: place of temporary residence, address for correspondence giving the street name or P. O. Box, domicile 5
number, postcode, city and state, email address ​
, c) a photograph of the natural persons with their statement on approving to publish their photograph in the public register, 6
d) approval on processing of personal details in compliance with special provision ​
, where special provision requires the approval. The registration form for a legal person “​
Registration form of full or affiliated SFZ or SF member​
” is divided into mandatory and optional entries, and shall comprise, in particular a) kind of sport (football, futsal) and type of membership (full, affiliated member), b) personal details of a legal person at least: name or business name, legal organisation form, company registration number, tax identification number (when assigned), VAT identification number (when assigned), date of entry and number under which it is registered in the commercial register or at the Ministry of the Interior of Slovak Republic, c) contact details of a legal person at least: domicile, address for correspondence, email, phone number, fax, d) statutory body of organisation, e) acceptance of the obligations in accordance with article 28 paragraph 5 of the SFZ Statutes. A competent verification body is responsible for the accuracy of the data in the registration form. The content of registration form as well as the volume of required data is approved by SFZ EC. The corrections of errors made in the Central register of SFZ members shall be performed by register office of SFZ on the initiative or decision of competent SFZ committee or a SFZ member. TITLE I ­ Registration of natural persons and legal persons Article 8 ­ Registration of natural persons (1)
(2)
(3)
5
6
Natural person in accordance with article 7 paragraph 2 (hereinafter “registration of natural person”) shall be registered in accordance with articles 23, 30 and 31 of the SFZ Statutes. By the act of registering into SFZ natural person expresses his/her unconditional consent and free will to respect applicable rules of football association defined in the Statutes and other regulations of SFZ, UEFA and FIFA, as well as decisions of competent bodies issued in accordance with them. By the act of registering of natural person, his/her personal account is automatically created in ISSF, to which natural person gives his/her consent by registering itself. ​
Article 2 letter j) of the SFZ Statutes ​
Act No. 122/2013 Coll. on personal data protection and on amendments to certain acts 9/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
A natural person who is already registered in the register of natural persons and do not have a personal account, may request to activate personal account at any register office of ObFZ, RFZ and SFZ. Shall a person act via his/her personal account in ISSF it is considered towards SFZ and its members to be a direct and personal act for which the natural person is responsible. By the act of registering of natural person in accordance with article 7 paragraph 2 letter a) ­ i) an individual member of SFZ is registered automatically, to which natural persons give their consent by registering itself. By the act of registering of natural person in accordance with article 7 paragraph 2 letter j) ­ m) an individual member of SFZ is not registered automatically, however a natural person can request individual membership in SFZ. A natural person shall submit the registration application to a competent verification body. Shall the application not fulfil all requirements in compliance with these regulations; the competent verification body shall appeal to a natural person to complete the application and shall define the period for submission not shorter than five days but not longer than ten days. If the natural person does not complete the application within the period of time or the application still does not fulfil all requirements after being completed, the competent verification body shall reject the application. Shall the application fulfil all requirements in compliance with these regulations, the competent verification body shall approve the application without delay, at the very latest, within three days of the receipt of the application. Natural persons shall be registered within three days of the day when the application was approved by the competent verification body. Registration of natural persons in accordance with article 7 paragraph 2 letter a) (a player) is governed by article 12. Natural persons in accordance with article 7 paragraph 2 letter b) (a national team member) are registered upon submission of the form “​
Registration form of SFZ or SF member​
”. Registration is verified by the general secretary of SFZ and the registration is carried out by a register office of SFZ. Natural persons in accordance with article 7 paragraph 2 letter c) (a coach) are registered upon submission of the form “​
Registration form of SFZ or SF member ­ a coach​
”. Registration is verified by a competent committee or another body of relevant association and registration is carried out by technical department of SFZ. Natural persons in accordance with article 7 paragraph 2 letter d) (a referee) are registered upon submission of the form “​
Registration form of SFZ or SF member ­ a referee and an assistant referee​
”. Registration is verified by the committee of referees of relevant association and registration is carried out by the committee of referees of SFZ. Natural persons in accordance with article 7 paragraph 2 letter e) (a referee observer) are registered upon submission of the form “​
Registration form of SFZ or SF member ­ a delegate of meeting and referee observer​
”. Registration is verified by the committee of referees of relevant association and registration is carried out by the committee of referees of SFZ. Natural persons in accordance with article 7 paragraph 2 letter f) (a match delegate) are 10/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (18)
(19)
(20)
(21)
(22)
(23)
(24)
registered upon submission of the form “​
Registration form of SFZ or SF member ­ a match delegate​
. Registration is verified by the committee of delegates of relevant association or the committee of referees of relevant association, when the relevant association does not have a committee of delegates, and registration is carried out by the committee of delegates of SFZ. Natural persons in accordance with article 7 paragraph 2 letter g) (a member of association body, committee) are registered upon submission of the form “​
Registration form of SFZ or SF member​
”. Registration is verified by a secretary of relevant association and registration is carried out by register office of SFZ. Natural persons in accordance with article 7 paragraph 2 letter h) (another association official) are registered upon submission of the form “​
Registration form of SFZ or SF member​
”. Registration is verified by a secretary of relevant association and registration is carried out by register office of SFZ. Natural persons in accordance with article 7 paragraph 2 letter i) (a club official) are registered upon submission of the form “​
Registration form of SFZ or SF member​
”. Registration is verified by a club and registration is carried out by register office of SFZ. Natural persons in accordance with article 7 paragraph 2 letter j) (a honorary member and a honorary president) are registered upon request of SFZ member as a natural person, who is an individual SFZ member. The application is submitted by filling in the form “​
Registration form of SFZ or SF member​
”. Registration is verified by the general secretary of SFZ and registration is carried out by register office of SFZ. Natural persons in accordance with article 7 paragraph 2 letter k) (an official of an affiliated member) are registered upon request of the competent official of an affiliated member as a natural person, who is an individual SFZ member. The application is submitted by filling in the form “​
Registration form of SFZ or SF member​
”. Registration is verified by a statutory deputy of an affiliated member and registration is carried out by register office of SFZ. Natural persons in accordance with article 7 paragraph 2 letter l) (a fan of national team) are registered upon request of a fan as a natural person. The application is submitted by filling in the form “​
Registration form of SFZ member ­ a fan of national team​
”. Registration is verified by a competent person of the association. Natural persons in accordance with article 7 paragraph 2 letter m) (a fan of a club) are registered upon request of a fan as a natural person. The application is submitted by filling in the form “​
Registration form ­ a fan of a club​
”. Registration is verified and carried out by ISSF club manager. Article 9 ­ Registration card of an individual SFZ member (1)
(2)
(3)
(4)
A natural person registered in accordance with article 7 paragraph 2 letter a) ­ i) as an individual SFZ member is obliged to own valid registration card of SFZ. The application for a registration card shall be submitted after registering of natural persons by filling in the form ​
“Application for registration card”​
in the electrical filing system​
​
of ISSF. The application for a registration card shall be submitted by a natural person by a competent verification body. Registration card shall include the following data: 11/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava a) name and surname of natural person, b) a photograph of natural person, c) date of birth of natural person, d) registration number of natural person, e) the number of registration card, f) the expiry date of registration card. (5) A registration card, which does not include all requirements defined in paragraph 4, is not valid. (6) A registration card is issued as a plastic card by a supplier of SFZ, who shall order the card to be produced after the card has been approved and when it is produced he shall serve it on delivery to the recipient who had asked for the issuance of the registration card. (7) The registration card is valid for five years of the date of issuance. The last issued registration card of SFZ is considered to be valid. (8) SFZ is considered to be an owner of the registration card. A holder of a registration card is a natural person who was the card issued to, who is obliged to protect it from loss, theft, damage or misuse. Entrusting the registration card to another person is the sole responsibility of the natural person who was the registration card issued to. (9) If there is a loss, damage, destruction or impairment of the registration card or if there is a change of personal details entered in the registration card, the cardholder is required to report it to a competent verification body that shall request the competent register office to issue a new registration card by giving the reasons as well as submitting the application in accordance with paragraph 2. (10) A new registration card shall be issued before the card expires, eventually following the decision of SFZ EC. (11) In case natural persons cannot prove their identity by means of a registration card, they can prove their identity by means of a statement of an entry in the public register of SFZ. Only the register office of SFZ can confirm if the data given in the statement are true and complete. Article 10 ­ Registration of legal persons (1)
(2)
(3)
(4)
(5)
Legal person, in accordance with article 7 paragraph 3, shall be registered based on articles 23, 28 and 29 of the SFZ Statutes. By the act of registering into SFZ, the legal person gives its consent and willingness to respect the applicable rules of football association defined in the Statutes and other regulations of SFZ, UEFA and FIFA, as well as decisions of competent bodies issued in accordance with them. Legal person in accordance with article 7 paragraph 3 is obliged to authorize an ISSF manager whose act by means of ISSF towards SFZ is considered to be an act of legal person. The registration application shall be submitted by legal person at the register office of SFZ. Shall the application not fulfil all requirements in compliance with these regulations, the competent verification body shall appeal to a legal person to complete the application and shall define the period for submission not shorter than five days but not longer than ten days. If 12/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (6)
(7)
the legal person does not complete the application within the period of time or the application still does not fulfil all requirements after being completed, the competent verification body shall reject the application. Shall the application fulfil all requirements in compliance with these regulations, the register office of SFZ submits the application to the next meeting of SFZ EC, that shall decide on the matters. Legal person shall be registered by the registration office of SFZ following the decision of SFZ EC at the very latest, within three days. Article 11 ­ Termination and renewal of registration of a SFZ member (1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
7
Shall the membership in SFZ be terminated, termination of a member registration in SFZ occurs as well. A registration of member in SFZ may be terminated on the grounds of a) a written (own) application of member or b) a decision of a competent body of SFZ, a full or an affiliated member. Termination of registration of the player is governed in article 15. The application to terminate registration shall be lodged to the register office of SFZ, which also enforces decision on terminating registration in ISSF. A natural or legal person, whose registration has been terminated on the grounds of their own application, can be re­registered six months after the termination of registration. A natural or legal person, whose registration has been terminated on the grounds of decision of competent body on exclusion from SFZ, can be re­registered five years after exclusion from SFZ, unless otherwise provided by special provision. In case of renewal of registration of natural persons, the procedure laid down in article 8 shall be followed. A natural person, who requested the registration to be terminated, is required to return the registration card together with their application. PART II ­ Special provisions relating to registration of the player Article 12 ­ Registration of the player (1)
(2)
(3)
(4)
7
A player is considered to be an individual member of SFZ in accordance with article 7 paragraph 2 letter a). A player may only be registered with the club which is an ordinary member of SFZ. A player may only be registered with one club at a time. Shall a club apply for a registration of a player, who is registered at a national football association of another state, the register office of SFZ shall require the statement of relevant national football association of another state in accordance with articles 22 and 23. Shall a club state in the application that the player is not registered at any national football ​
Article​
24 ​
par. 4 of the SFZ Statutes 13/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava association, the register office of SFZ shall verify the fact in accordance with relevant FIFA regulations. (5) A player can be registered by a sole register office of association in compliance with affiliation to the club, which the player is registered with. (6) Affiliation to a register office shall be assessed according to the classification of teams in the competitions as follows: a) according to the classification of adult team in the competition, b) according to the classification of youth team in the competition, when the club does not place an adult team in any competition, or c) according to the classification of ​
a cadet team in the competition, when the club does not place either an adult team or youth team in any competition. (7) Registration of the player shall be carried out by: a) the register office of SFZ, when a club place a team in a national competition in accordance with paragraph 6, b) the register office of RFZ, when a club place a team in a regional competition in accordance with paragraph 6, c) the register office of ObFZ, when a club place a team in a local competition in accordance with paragraph 6. (8) Registration of the player shall be provided for upon the application for registration of the player, submitted by the club, which a player should be registered with. The application shall be submitted by filling in the form “​
An application for registration of the player​
” at electronic filing system of ISSF. 8
(9) The club shall be held responsible for the accuracy of the data in the application ​
. (10) The club shall enclose a current photograph of a player, which is taken from shoulders up, with the application of registration in electronic form in the minimum dimension of 600 x 800 pixels. The photograph shall be taken in the quality required for common identification documents (identification card, driving license, passport). (11) The player is obliged to respond to the application for the registration of the player within three days of the submission of the application through ISSF. Shall the player not respond within the period of time, the competent register office shall not register the player. The minor can be registered only with the consent of their legal representative. (12) The competent register office shall register the player without delay if the registration is in accordance with these regulations, at the latest, within three days following the player´s statement, subject to paragraph 11. Article 13 ­ Special provisions relating to registration card of player (1)
(2)
8
Only one valid registration card may be issued to a player at a time. Have there been issued more registration cards to a player (e.g. due to article 9 par. 9), the last issued registration card verifiable in ISSF shall be considered to be valid. The application for a registration card shall be submitted after registering of player by filling in ​
Article 64 letter e) of Disciplinary regulations of SFZ 14/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (3)
(4)
(5)
the form “​
The application for a registration card​
” in electronic filing system of ISSF. The club, which the player is registered with, shall submit the application for a registration card. Shall the application, subject to paragraph 2, comply with these regulations, the application for a registration card is approved by a competent register office without delay, at the latest within three days of the submission of the application. 9
Shall a registration card of player expire, the player is not eligible to play for the club, which the player is registered with, until the approval of a new application for a registration card. Article 14 ­ Player passport and international player passport (1)
(2)
(3)
(4)
A player passport is a form which contains following details: a) name and surname of a player, b) date of birth of a player, c) nationality of a player, d) registration number of a player, e) name of each club, which the player has been registered during his career with, f) company registration number or another identifier of each club, which the player has been registered during his active career with, when assigned to a club, g) exact registration period of a player at each club, h) status of player while being registered with each club, i) category of each club in accordance with FIFA RSTP and article 36 par. 9. The competent register office shall confirm a player passport generated by ISSF upon request of a club or a player. Without confirmation of competent register office the player passport generated by ISSF shall be for information purposes only. The register office of SFZ shall issue a player passport, which shall be written in one of the official languages of FIFA, upon request of a club or a player, and aside from the information referred to in paragraph 2, it shall also include other information in accordance with FIFA RSTP. The register office of SFZ shall issue a player passport every time, when a player registered at SFZ moves to international club in accordance with article 22 a 23 and with FIFA RSTP. Article 15 ­ Termination, maintenance, renewal and change of registration of the player (1)
(2)
9
10
Shall the membership in SFZ be terminated, termination of registration in SFZ as well as club membership of an amateur occur automatically. Shall the membership in SFZ be terminated by withdrawal or exclusion of a member from SFZ 11
or by terminating the SFZ ​
, the membership of professionals in clubs which they are contracted with, does not terminate, but the player is not eligible to play for the club in the competitions organised by SFZ or its members. ​
Article 53 par. 1 letter e) of Disciplinary regulations of SFZ ​
Article 24 ​
par. 4 of the SFZ Statutes 10
11
​
Article 24​
par. 4 letter a), b) a d) of the SFZ Statutes 15/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (3)
(4)
(5)
(6)
(7)
(8)
(9)
12
Shall the membership in SFZ be terminated by death ​
, the club affiliation of professional is also terminated. The registration in SFZ may be terminated upon request of a player or a club. The application for terminating a registration of the player shall be submitted in the same way as the application for registration of the player subject to article 12. Professional may request the termination of registration when the contract with a club expires. Shall a club be terminated without a successor or shall a club not enroll its team in a competition or has the club withdrawn its team from a competition or has the team been 13
excluded from a competition and a player of this team is not eligible to play for another team of this club, the registration as well as a club affiliation of a player shall be terminated in the terminated organisation or in the club, which has not enrolled the team in a competition or has withdrawn the team from a competition. When this is the case, a new club may apply for the registration of a player for a new club in accordance with article 12 outside that registration period, except for the period from 01 April to 30 June of the year. In the implementation of legal­organisational changes in the club the Directive of SFZ on 14
legal­organisation changes in clubs shall be followed ​
. A player, whose registration has been terminated at his own request, may be again re­registered with another club earliest after two years from the day of terminating his registration by a competent register office; this also applies to new registrations at international clubs. A player who has been excluded from SZF can apply for a new registration only after a period 15
of five years from the date of his exclusion ​
. By the act of a re­registering of a player, the procedure defined in article 12 shall be followed. PART III ­ Club affiliation of the player
Article 16 ­ Club affiliation of player and eligibility to participate in the competition (1)
(2)
(3)
(4)
The club affiliation of player begins by the act of their registration with the club. By the act of registering player for the club there is no contractual obligation between player and club. Contractual obligation between player and club begins exclusively when there is a contract concluded in accordance with article 24. Player is eligible, but not obliged, to participate in the competitions organised by SZF and its members for the club, which they are registered with and the club is eligible, but not obliged to call up player to participate in the competitions organised by SFZ and its members. Eligibility, subject to paragraph 3, ​
shall begin with the day of registering player for the club in accordance with article 12 par. 11, when the competent register office approved the application for the issuance of registration card under the terms of article 13 par. 2. ​
Article 24​
par. 4 letter c) of the SFZ Statutes ​
Article 30 of Disciplinary regulations of SFZ 14
​
available on the Internet: http://www.futbalsfz.sk/fileadmin/user_upload/Legislativa/Predpisy_SFZ/20131105_Smernica_o_pravno­organizacnych_zmenach.pdf 15
​
Article 14 par. 4 of Disciplinary regulations of SFZ 12
13
16/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (5)
(6)
Registration of the player for a club is condition of admitting player to international competitions. Special regulations issued by an organiser of competition lay down further conditions required to be fulfilled in order to gain eligibility for player to admit to international competitions. Registration of the player shall be proved by a registration card. If player is unable to prove their identity by valid registration card, the registration and club affiliation may be proved through public register of players. Article 17 ­ Unregistered player Any player not registered at SFZ in accordance with provisions of these regulations who appears for 16
a club in any official match shall be considered to have played illegitimately ​
. Article 18 ­ Transfer of player (1)
(2)
Transfer of player can be temporary (loan) or permanent (transfer). The register office carries out transfer of amateurs exclusively based on their affiliation to the club and register office, for which the players shall be re­registered. (3) The register office of SFZ exclusively carries out transfer of professionals. (4) Competent register office carries out transfer following the application submitted in ISSF in accordance with these regulations without delay, at the latest within three days of the date of statement under the terms of paragraphs 9 and 10. The club affiliation of players changes on the day after the transfer has been carried out by the register office. (5) The maximum loan period of a professional shall be the time for which he has concluded a contract with his home club. An amateur may be loaned to another club for a period agreed between clubs and an amateur. (6) Player may be registered with a maximum of three clubs during one season and he/she is eligible to play official matches for two clubs during this period. (7) Transfer is carried out upon an application for transfer submitted by a club to which a player shall be re­registered through ISSF. (8) When a player is loaned, the club shall include the timeframe of the loan period in the application, subject to paragraph 7. (9) A player is obliged to respond to the request of transfer within three days of submitting the application through ISSF. Shall the player not respond to the request within the period, the register office does not carry out the transfer. (10) Home club is obliged to respond to the request of transfer of professional within three days of approving the application by a player. Shall the home club not give his consent to transfer, the register office of SFZ does not carry out the transfer. Relating to transfer of professionals, whose contracts with home club have expired, consent of home club is not required. (11) Application for early termination of loan shall be submitted by home club. A player is obliged to respond to the request in accordance with paragraph 9. A new club where the player is on loan, is obliged to respond to the request in accordance with paragraph 10. 16
​
Art. 53 sec. 1 letter e) of Disciplinary code of SFZ 17/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (12) Consent of home club is not required relating to transfer of amateur, however, the home club is entitled to receive compensation, which a new club shall pay according to article 37, unless otherwise agreed by home and new club.. (13) Application for transfer of professional shall be accompanied by a) an agreement on termination of contract with the home club of player, in case the term of the contract has not expired yet, b) a contract between the player and new club, c) transfer agreement concluded between the former club and new club in case of transfer compensation agreed between the clubs. (14) The application for the loan of professional shall be accompanied by loan agreement between the new club and the former club, which shall include an agreement between clubs on remuneration of the player during the loan. The agreement may also be concluded through ISSF. (15) Contracts and agreements in accordance with paragraph 13 and 14 shall be registered by the 17
register office of SFZ in the contract register ​
. Should doubts arise about the content of contracts and agreements provided for in the aforementioned sentence, the content of contracts and agreements, that are registered in the contract register, is considered to be relevant. (16) Shall the home club of the player from the junior category have no junior team participating in the competition, the player may be loaned during the period,when he is in the junior category, to another club without the consent of his home club. After the transfer of the player to higher age category the loan of the player shall be terminated. Article 19 ­ Registration periods (1)
(2)
(3)
(4)
(5)
17
18
An application for transfer of professionals are submitted during the registration periods a) from 15 June to 06 September of the year (summer registration period), b) from 01 February to 28 February of the year (winter registration period). An application for transfer of amateurs are submitted during the registration periods a) from 01 July to 30 September of the year (summer registration period), b) from 01 January to 15 March of the year (winter registration period). Applications under paragraphs 1 and 2 submitted outside the registration periods, will be processed by a competent register office during the next registration period. In order to process the application under paragraphs 1 and 2 during one of the registration periods, the player shall respond to the request in accordance with article 18 par. 9 and the club in accordance with article 18 par. 10 no later than the last day of relevant registration period; otherwise the competent register office shall not carry out the transfer. The procedure based on paragraphs 3 and 4 shall not apply, if the transfer is to be made on 18
the basis of decision of competent body of SFZ ​
; in such a case the register office carries out the transfer within three days of the day of lodging the decision of the competent body of SFZ Article 3 letter s) The Dispute Resolution Chamber of SFZ or Court of Arbitration of SFZ 18/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava to the competent register office. (6) When the contract of professionals has expired during one of the registration periods, the new club may request the transfer of the professional, until 15 March of the year at the latest. Provisions of paragraph 4 shall be applied mutatis mutandis. During one season, it is possible to re­register maximum two such players for one club. (7) Minimum length of registration period of player with one club after their transfer is the period between two registration periods. (8) During one of the registration periods, the professional may be loaned to another club after carrying out the transfer. (9) A loan may be terminated before the expiry of the agreed period exclusively during one of the registration periods. (10) The club, where the player is on loan, is not authorised to re­register the player to a third club without written consent of the club that released the player on loan. (11) It is not allowed to submit further application for transfer of player during the time when there is another procedure for transfer of the same player, and ISSF does not permit it. Article 20 ­ Special provisions relating to transfer of minors (1)
(2)
(3)
(4)
(5)
Minors are natural persons under age of 18 if, according to legal law relating to a child, the 19
age of majority has not been attained earlier ​
. A natural person at the age of 16 to 18, who has attained majority upon marriage, demonstrates the majority age by presentation of marriage certificate. Transfer of minor may be carried out exclusively with the explicit consent of legal 20
representative of the player. Transfer of minor, who have not attained the age of 15 may be carried out, subject to the 21
exception provided for in paragraphs 5 and 6, exclusively within the self­governing region ​
, where his residence or similar place of stay is. In justified cases it is also possible to carry out the transfer of minors in the aforementioned sentence outside the self­governing region, where the player´s residence or similar place of stay is, if the distance between the place of stay and the domiciled club is within 50 km. Transfer of minor, who have attained the age of 15, may be carried out, subject to the exception provided for in paragraphs 5, within the self­governing region where his residence or similar place of stay is, only if the self­governing region, where the club is domiciled, for which the player shall be registered, is identical with the self­governing region, where the secondary school, which the player attends, is located. Transfer of minor, who attend an eight­year grammar school, may be carried out outside the self­governing region, where his residence or similar place of stay is, only if the self­governing region, where the club is domiciled, for which the player shall be registered, is identical with 19
Act No. 36/2005 on family law, Act No. 40/1964 Civil Code, Convention on the rights of child ­ http://www.unicef.sk/dokumenty/materialy­na­stiahnutie/advocacy/dohovor_o_pravach_dietata.pdf 20
§ 31 Act No. 36/2005 on family law and on the amendments to certain laws 21
§ 1 sec. 3 of Act No. 302/2001 on self­government of higher territorial units (Act on self­governing regions) 19/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava the self­governing region, where the eight­year grammar school, which the player attends, is located. (6) Transfer of minor to the club with the licence of CTY may be carried out without restrictions. The club, which wishes to register the player, is obliged to submit following documents to the register office: a) explicit contest of legal representative of minors, b) confirmation of the school attendance in the region, where the club is domiciled, c) information on the player´s accommodation and supervision of extracurricular activities (optimal living standards with a guest family or in club accommodation, appointment of the mentor in the club etc.). (7) The international transfer of minor cannot be carried out, subject to exceptions a) the legal representative of minor moves to a country in which the club is located for reasons not linked to football, b) the transfer of minor aged between 16 and 18 takes place within the European Union or European Economic Area. In this case, the new club shall fulfil the following minimum obligations: i.
it shall provide the player with adequate football education and training in line with the highest national standards (CTY), ii.
It shall guarantee the player an academic school education, which will allow the player to pursue a career other than football should he cease playing professional football. iii.
It shall make all necessary arrangements to ensure that the player is looked after in the best possible way (optimum living standards with a guest family or in club accommodation, appointment of a mentor at the club etc.), iv.
It shall, on registration of such a player, provide with proof that it is complying with the aforementioned obligations, c) The player lives no further than 50km from a national border, and the club for which the player wishes to be registered in the neighbouring Association is also within 50km of that border. d) The maximum distance between the player’s domicile and the club’s quarters shall be 100 km. In such cases, the player shall continue to live at home and the two associations concerned shall give their explicit consent. (8) The conditions of paragraph 7 shall also apply to any player who has never previously been registered for a club and is not a national of the country in which he wishes to be registered for the first time. (9) Every international transfer according to paragraph 7 and every first registration according to paragraph 8 is subject to the approval of the sub­committee appointed by the Players’ Status Committee for that purpose. The application for approval shall be submitted by the association that wishes to register the player. The former association shall be given the opportunity to submit its position. The approval shall be obtained prior to any request from an association for an International Transfer Certificate (ITC) or a first registration. (10) The procedures for applying according to paragraph 7 are contained in Annexe 2 of FIFA 20/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava RSTP. Article 21 ­ Registration and reporting of minors at academies (1)
(2)
(3)
(4)
(5)
Clubs that operate an academy with legal, financial or de facto links to the club are obliged to report all minors who attend the academy to the department of youth development of SFZ. SFZ is obliged to ensure that all academies without legal, financial or de facto links to a club: a) run a club that participates in the relevant national championships; all players shall be reported to the department of youth development of SFZ or registered with the club itself; or b) report all minors who attend the academy for the purpose of football training to the department of youth development of SFZ. SFZ shall keep a register comprising the names and dates of birth of the minors who have been reported to it by the clubs or academies. Through the act of reporting, academies and players undertake to practise football in accordance with the FIFA and the SFZ Statutes, and to respect and promote the ethical principles of organised football. Article 20 par. 7 ­ 10 shall also apply to reporting of all minor players who are not nationals of the country in which they wish to be reported. Article 22 ­ Special provisions relating to international transfer via FIFA TMS (1)
(2)
(3)
(4)
(5)
Any professional player who is registered with a club that is affiliated to one association may only be registered with a club affiliated to a different association after an ITC has been delivered by the former association and the new association has confirmed receipt of the ITC. The ITC procedure shall be conducted exclusively via TMS. Any form of ITC other than the one created by TMS shall not be recognised. At the very latest, the ITC shall be requested by the new association in TMS on the last day of the registration period of the new association. The former association shall upload a copy of the player passport when creating an ITC in favour of the new association. The former association shall upload a copy of any relevant documentation pertaining to disciplinary sanctions imposed on a player and, if applicable, their extension to have worldwide effect when creating an ITC in favour of the new association. All data allowing the new association to request an ITC shall be entered into TMS, confirmed and matched by the club wishing to register a player during one of the registration periods established by that association. When entering the relevant data, depending on the selected instruction type, the new club shall upload at least the following documents into TMS: a) a copy of the contract between the new club and the professional player, b) a copy of the transfer or loan agreement concluded between the new club and the former club, if applicable, c) copy of proof of the player’s identity, nationality(ies) and birth date, such as passport or identity card, 21/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
d) proof of player’s last contract end date and reason for termination. Documents shall be uploaded in the format required by FIFA TMS GmbH. If explicitly requested, a document not available in one of the official languages of FIFA , or a specifically defined excerpt of it, shall be uploaded in TMS together with its respective translation in one of the official languages. Failure to do so may result in the document in question being disregarded. A professional player is not eligible to play in official matches for his new club until the new association has confirmed the receipt of the ITC and has entered and confirmed the player registration date in TMS. Upon notification in the system that the transfer instruction is awaiting an ITC request, the new association shall immediately request the former association through TMS to deliver an ITC for the professional player. Upon receipt of the ITC request, the former association shall immediately request the former club and the professional player to confirm whether the professional player’s contract has expired, whether early termination was mutually agreed or whether there is a contractual dispute. Within seven days of the date of the request, the former association shall, by using the appropriate selection in TMS, either: a) deliver the ITC in favour of the new association and enter the deregistration date of the player or b) reject the ITC request and indicate in TMS the reason for rejection, which may be either that the contract between the former club and the professional player has not expired or that there has been no mutual agreement regarding its early termination. Once the ITC has been delivered, the new association shall confirm receipt and complete the relevant player registration information in TMS. If the new association does not receive a response to the ITC request within 15 days of the ITC request being made, it shall immediately register the professional player with the new club on a provisional basis. The new association shall complete the relevant player registration information in TMS. A provisional registration shall become permanent one year after the ITC request. The Players’ Status Committee may withdraw a provisional registration, if the former association presents valid reasons explaining why it did not respond to the ITC request. The former association shall not deliver an ITC if a contractual dispute has arisen between the former club and the professional player. Upon request of the new association, FIFA may take provisional measures in exceptional circumstances. If the competent body authorises the provisional registration, the new association shall complete the relevant player registration information in TMS. Furthermore, the professional player, the former club and the new club are entitled to lodge a claim with FIFA. FIFA shall then decide on the issue of the ITC and on sporting sanctions within 60 days. In any case, the decision on sporting sanctions shall be taken before the delivery of the ITC. The delivery of the ITC shall be without prejudice to compensation for breach of contract. The rules set out above also apply to the international loan of a professional player as well as to his return from loan to his original club. 22/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (15) When applying for the registration of a professional player on a loan basis, the new club shall upload a copy of the pertinent loan agreement into TMS and the terms of the loan agreement shall be represented in TMS. (16) Loan extensions and permanent transfers resulting from loans shall also be entered in TMS. Article 23 ­ ​
Special provisions relating to international transfer without using of FIFA TMS (1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Provisions of this article apply to international transfers of all players, excluding those concerned by article 22, especially it concerns amateurs, female players as well as all futsal players. Provisions of this article also apply to international transfers of a professional who wishes to be registered at an association or shall be re­registered from an association which is no longer active in TMS. Any player who is registered with a club that is affiliated to one association may be re­registered for a club affiliated to a different association unless an ITC has been issued by the former association and received by the new association. Special forms provided by FIFA for this purpose or forms with similar wording shall be used. At the very latest, the ITC shall be requested on the last day of the registration period of the new association. The association issuing the ITC shall also attach a copy of the player passport to it. All applications to register a professional shall be submitted by the new club to the new association during one of the registration periods established by that association. All applications shall be accompanied by a copy of the contract between the new club and the professional. Equally, a copy of the transfer agreement concluded between the new club and the former club shall be provided to the new association, if applicable. A professional is not eligible to play in official matches for his new club until an ITC has been issued by the former association and received by the new association. Upon receipt of the application according to paragraph 5, the new association shall immediately request the former association to issue an ITC for the professional. An association that receives an unsolicited ITC from another association is not entitled to register the professional concerned. Upon receipt of the ITC request, the former association shall immediately request the former club and the professional to confirm whether the professional’s contract has expired, whether early termination was mutually agreed or whether a contractual dispute exists. Within seven days of receiving the ITC request, the former association shall either: a) issue the ITC to the new association and enter the date of deregistration of the player, or b) inform the new association that the ITC cannot be issued because the contract between the former club and the professional has not expired or that there has been no mutual agreement regarding its early termination. If the new association does not receive a response to the ITC request within 15 days of the ITC request being made, it shall immediately register the professional player with the new club 23/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
on a provisional basis. The new association shall complete the relevant player registration information in TMS. A provisional registration shall become permanent one year after the ITC request. The Players’ Status Committee may withdraw a provisional registration, if the former association presents valid reasons explaining why it did not respond to the ITC request. The former association shall not deliver an ITC if a contractual dispute has arisen between the former club and the professional player. Upon request of the new association, FIFA may take provisional measures in exceptional circumstances. If the competent body authorises the provisional registration, the new association shall complete the relevant player registration information in TMS. Furthermore, the professional player, the former club and the new club are entitled to lodge a claim with FIFA. FIFA shall then decide on the issue of the ITC and on sporting sanctions within 60 days. In any case, the decision on sporting sanctions shall be taken before the delivery of the ITC. The delivery of the ITC shall be without prejudice to compensation for breach of contract. The new association may grant a player temporary eligibility to play until the end of the season that is underway on the basis of an ITC sent by fax. If the original ITC is not received by that time, the player’s eligibility to play shall be considered definitive. Provisions of paragraphs 4 to 11 also apply to professionals who, upon moving to their new club, acquire amateur status. All applications to register an amateur player shall be submitted by the new club to the new association during one of the registration periods established by that association. Upon receipt of the application, the new association shall immediately request the former association to issue an ITC for the player. The former association shall, within seven days of receiving the ITC request, issue the ITC to the new association. If the new association does not receive a response to the ITC request within 30 days, it shall immediately register the amateur with the new club on a provisional basis. A provisional registration shall become permanent one year after the ITC request. The Players’ Status Committee may withdraw a provisional registration, if the former association presents valid reasons explaining why it did not respond to the ITC request. Provisions of paragraphs 13 to 15 also apply to amateurs who, upon moving to their new club, acquire professional status The rules set out above also apply to the international loan of a professional player as well as to his return from loan to his original club. The terms of the loan agreement shall be enclosed with the ITC request. Upon expiry of the loan period, the ITC shall be returned, upon request, to the association of the club that released the player on loan. PART IV­ Contractual stability
Article 24 ­ A contract between the player and the club (1)
A contract shall regulate relationship between players and clubs. The contract shall be in writing, otherwise it should be considered invalid. It shall be duly signed by both parties with 24/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (2)
(3)
(4)
(5)
(6)
(7)
(8)
22
23
the necessary legal binding power of signature. It also include indications with regards to place and date of when the contract was duly signed. In the case of a player aged under 18 the legal representative shall also sign the contract. The contract shall include name, surname, date of birth, nationality as well as the full address of the residence of the player. In the case of minor, the legal representative shall be also mentioned accordingly. The contract shall include the full legal name of the club, register number and its full address as well as the name, surname and position of a person who is legally representing the club. The club acts in compliance with the Statutes or the club´s charter of foundation. The course 22
of action can be ascertained in the online version of the commercial register led by The 23
Ministry of Justice of Slovak Republic, in the register of Civil Associations ​
led by the Ministry of Interior Affairs of Slovak Republic or in another register established under law. Cannot the course of action be ascertained in the online portal of the register of Civil Associations, the course of action should be proved by the current statutes of Civil Association registered in the Ministry of Interior Affairs of Slovak Republic. Shall the contract be signed by a person authorised by statutory body, the contract shall be accompanied by the authorisation in the original or by its notarially certified copy. A contract with professional can only be concluded by a football club who is an ordinary member of SFZ and has made a deposit into the account of a governing body of the relevant competition according to paragraph 6. The deposit amount shall be as follows Category Deposit amount 1st division 30.000,­ EUR 2nd division 20.000,­ EUR 3rd division 10.000,­ EUR other divisions 5.000,­ EUR Shall the club be delayed in its financial obligations resulting from binding decisions of SFZ bodies for ensuring justice or Court of Arbitration of SFZ (hereinafter “CA SFZ”), the governing body of the competition is eligible to pay the payable amount to the justified beneficiary from the deposit of club being in delay, at his request. The competent governing body shall pay the amount into the account of justified beneficiary with 15 days of lodging the request in the aforementioned sentence. The request shall be accompanied by the decision of the competent body. Under the procedure set out in paragraph 7, the club is obliged to add the financial deposit up available on the Internet: http://orsr.sk/ available on the Internet: http://www.ives.sk/registre/ 25/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (9)
to the amount set out in paragraph 6. The club is not eligible to conclude any new contract with professionals pending completion of deposit in the aforementioned sentence. Subject to paragraph 6, the club may only request the deposit to be returned after the last contract with the professional registered in SFZ expiries. The competent governing body shall pay the financial deposit into the account of the club within 15 days of submitting the request in the aforementioned sentence. Article 25 ­ A contract relating to training and education concluded with a promising player (1)
(2)
(3)
(4)
A promising player is considered to be a minor player aged between 15 and 18, who, despite of his young age, has showed a considerable talent and level of sport championship in order to be offered a conclusion of contract relating to training and education by the club. The contract relating to training and education shall comply with the requirements according to article 24 par. 1 to 4. The maximum length of the contract relating to training and education shall be three years, up until the end of season, in which the player reaches the age of 18. The contract relating to training and education shall include the minimum requirements as follows: a) identification of player´s individual abilities and club´s obligation to monitor player´s individual abilities and keeping the records on his individual abilities, b) the contract shall be accompanied with the player´s individual training plan that shall provide for granting of further appropriate training necessary for the development of a promising player, i. e. there shall be an individual training plan aimed at the development of specific skills of players beyond normally provided training, c) club´s obligation to pay for all the expenses incurred during training as well as player´s individual training, relevant accommodation expenses of promising player, expenses of appropriate diet and drinks during training and individual training, expenses of appropriate nutritional supplements, sport clothing and footwear, expenses of fitness, swimming and additional sport activities performed in order to increase the player´s shape according to the player´s individual training plan, d) club´s obligation to pay for all the incurred expenses of education of a promising player in the area of so called “second choice“, i. e. incurred expenses of preparation of a promising player for an alternative career different from professional football player, where the choice of this career is exclusively up to a promising player and shall be in the contract relating to training and education. The club is eligible to offer promising player a possibility to choose an alternative career such as career as a coach, a football agent, physiotherapist or another appropriate profession in the sport area, e) club´s obligation to educate a promising player in the field of social skills in seminars about prevention of drugs, doping, gambling, match­fixing, racism and other forms of intolerance and discrimination, medial communication, marketing and basis of legal 26/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (5)
(6)
(7)
and financial literacy. Providing for individual training and reimbursement of costs incurred by a promising player in the exercise of his sporting activity in favour of club and in relation of education of a promising player in the area of his second choice in the terms of the contract relating to training and education shall be considered a remuneration to a player for his performance of sporting activity in favour of the club. The player who has concluded a contract relating to training and education is considered to be a professional. Relevant provisions of these regulations about contracts between professionals and clubs, in particular provisions of articles 27 to 33 of these regulations shall apply to the contract relating to training and education. Article 26 ­ Length and effectivity of a contract (1)
(2)
(3)
(4)
(5)
(6)
The maximal length of a contract with the professional, regardless the category of competition, shall be a) five (5) years between a club with a professional licence and a player aged over 18, b) three (3) years regarding a club with a professional licence with a player aged between 16 and 18, and c) 18 months regarding other clubs with a player aged over 16. Contracts longer than permitted in accordance with paragraph 1, shall be not recognised. The minimum length of a contract shall be of its effective day until the nearest registration period according to article 19. The contract shall take effect from the day negotiated between the parties and specified in the contract. The effectivity of contract shall not interfere with the effectivity of another registered contract. The contract shall include a clear starting date, month and year as well as the ending date, month and year. Furthermore, it defines the equal rights of player and club to negotiate an extension and termination of the contract earlier. Any early termination of the contract shall be based on just cause according to these regulations or on mutual agreement. The contract shall be submitted for the registration into the contract register running by the register office of SFZ within 15 days of its effective date, at the very latest, within 6 months of concluding the contract. Any party can request the registration of a contract. Has a contract not been submitted for a registration within the required timeframe, it applies in SFZ, the contract has not been concluded and shall not be recognised by SFZ. Article 27 ­ Contract registration (1)
(2)
Subject to article 24, contracts shall be registered by the register office of SFZ. Contracts between amateurs and clubs shall not be registered or recognised by the register office of SFZ. The contract shall be submitted for a registration in minimum three originals or notarially certified copies, one for each party and one for the purpose of the registration and archiving in 27/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (3)
(4)
(5)
(6)
(7)
the contract register, and this shall be in Slovak, Czech or in one of the official languages of FIFA; where the contract has not been concluded in Slovak, Czech language or in the official language of FIFA, the submitter shall be obliged to submit a certified translation into Slovak language or official language of FIFA. The register office of SFZ shall register the contract within 15 days of the its submission, if the contract complies with these regulations. The register office of SFZ marks the first page with a registration number of the contract and stamps the contract on each page and sends two originals to parties to the address written in the contract. The register office of SFZ refuses to register the contract, shall the contract not comply with these regulations. In such case, the register office of SFZ indicates the lack of information in the contract and appeals the parties to eliminate the deficiencies within 15 days of the receipt of refusing the registration of the contract. Shall the parties not eliminate the deficiencies within the period, it applies in SFZ, the contract has not been concluded and shall not be recognised by SFZ Shall the register office of SFZ doubt the conformity of the contract with these regulations, it is obliged to request the written statement of Legislative and legal department of SFZ (hereinafter “LLD SFZ”), which is obliged to examine the contract within seven days of the date of its submission by the register office of SFZ. Shall LLD SFZ confirm that the contract comprises deficiencies according to these regulations, the register office of SFZ shall include its attitude to the notice of refusing the contract registration. After the act of registering the contract the register office of SFZ shall enter the record of contract registration as well as the duration which the contract has been concluded into ISSF. One of the parties shall notify the register office of SFZ of any change in duration of contract (termination, expiry or extension by agreement etc.), otherwise the change cannot be recognised. The provisions of contract registration shall apply to the agreement on termination or extension of the contract duration. Article 28 ­ Content of contract and its minimum requirements (1)
(2)
(3)
(4)
The terms used in the contract shall be duly defined. The terms that are not duly defined in the contract shall apply as defined in the regulations of SFZ and in legislative of Slovak Republic. The contract shall contain all rights and duties between the player and the club. No further contract should cover the legal relationship between the two parties. If another contract exists or is signed at a later stage then the parties are obliged to refer to this contract. Any additional contract related to the labour contract shall be sent to the register office of SFZ. The contract shall define the club´s obligations towards the player as follows: a) renumeration and its periodicity (monthly, weekly, performance based), b) other financial benefits, when stipulated (bonuses), c) other non­financial benefits, such as car, accommodation, etc., d) reimbursements for expenses incurred by the player, when stipulated. The contract shall define the player´s obligations towards the club as follows: a) to play matches to the best of his ability, when selected, b) to participate in training and match preparation according to the instructions of the 28/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava head coach or another superior, c) to maintain a healthy lifestyle and high standard of fitness, d) to comply with and act in accordance with club officials´ instructions (schedule, to reside where suitable for the club, etc.), e) to attend sport and commercial events of the club, f) to obey club rules, including Club Disciplinary Regulations, duly notified to him before signing the contract, g) to behave in a sporting manner towards people involved in matches, training sessions, to learn and observe the laws of the game and to accept decisions by match officials, h) to abstain from participating in other football activities, other activities or potentially dangerous activities not prior approved by the club in writing, i) to take care of the property of the club, being offered to him, against loss or damage, and to return it after termination of the contract, j) to immediately notify the club in case of illness, injury or or accident and to not undergo any medical treatment without prior information to the club´s doctor, except in emergencies, and to provide a medical certificate of temporary or permanent incapacity, k) to undergo regularly medical examination and medical treatment upon request of the club´s doctor, l) to comply with the terms of any association, league, player´s union or club anti­discrimination policy, m) not to bring the club or football into disrepute, in particular media statements, n) not to gamble or undertake other related activities within football. (5) The contract shall clearly define the currency, the amount, the due date for each amount. It shall also define the manner of payment by transferring on bank account. (6) The contract shall also regulate the financial impact in case of major changes of revenue of the club, when stipulated (e.g. relegation). (7) The contract shall ensure that every minor player has a right to finish his compulsory school attendance in accordance with national legislative of Slovak Republic and that the player has a right to continue his non­football education. (8) The contract shall contain the length and manner of paid leave. The minimum paid leave is four weeks a year (in twelve months). The date of paid leave shall be agreed in advance and it can be taken only during the breaks in the competitions, unless otherwise agreed. The club allows the player to take two weeks of paid leave or holiday consecutively. (9) The contract shall include provisions for protection of human rights, in particular right of free expression of the payer and non­discrimination. (10) The contract shall explain the health and safety policy of the club, which includes the mandatory insurance coverage for the player for illness and accident and regular medical examination as well as medical treatment with qualified personnel during football duties, it also covers anti­doping prevention. (11) The contract shall also regulate the keeping of proper records on injury, including those 29/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
incurred on national team duty whilst respecting confidentiality. The player has a right of a second opinion by an independent medical specialist if he contests the opinion of the club´s specialist. If there are still differing opinions, the parties agree on accepting an independent third opinion, which will be binding. The sport specialist will be chosen from a list led by SFZ. If the parties cannot agree on choosing an independent medical specialist, the committee or staff of SFZ technical department will decide ad hoc on the choice in accordance with article 64 of the SFZ Statutes. The contract shall contain the agreement how the player´s image rights are exploited. As a recommendation and principle the individual player may exploit his rights by himself, if not conflicting with clubs´ sponsors/partners whilst the club may exploit the player´s image rights as part of a group or the whole squad. The club establishes in writing appropriate internal disciplinary rules with sanctions, penalties and the necessary procedures, which the player abides by. The club has to explain such rules to the player and the player has make himself aware of them. Internal disciplinary rules shall be appropriate regarding the player´s misconduct. If the player violates any of the obligations to which he is subject under the contract, the club may impose a range of penalties, sanctions or other measures according to these disciplinary regulations. Subject to paragraph 15, the player has a right to appeal against the club´s decision and the right to be accompanied or represented by the club captain, representative of player association or a union representative. The contract shall contain the parties´ obligation to act against racism and another non­discrimination in football. The contract shall include details on other persons participated in negotiation about contract conclusion or on its conclusion, such as relatives, a legal representative of player, an intermediary, an interpreter etc., the parties´ statement that there were no other persons participating in the negotiation or concluding a contract. The contract shall include the minimum final provisions as follows: a) the applicable law, b) interpretation of contractual clauses has to be fixed, c) the authoritative version if the contract is translated, if more than one language, d) the confidentiality of the duly signed contract, e) the invalidity of a single clause does not affect the remaining part of the contract, f) definitions of annexes, which are integral part of this contract and distributed to the player, g) any amendments, additions or deletions of this contract are only valid if stipulated in writing. Article 29 ­ Special provision relating to contract conclusions (1)
A club intending to conclude a contract with a professional shall inform the player’s current club in writing before entering into negotiations with him. A professional shall only be free to conclude a contract with another club if his contract with his present club has expired or is due 30/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
to expire within six months. A new contract concluded within the period of six months until the contract with player's current club expires shall not include any provisions that would interfere with the proper completion of the existing contract. The validity of a contract may not be made subject to a successful medical examination and the grant of a work permit. If a professional enters into more than one contract covering the same period, contravenes the disciplinary measures and it applies, the player effectively terminates the first contract. The club, which concludes the latter contract with the player, shall also be jointly and severally liable for the conduct of the player, and the club also contravenes the disciplinary measures. The player and the club are jointly and severally liable for the payment of a compensation to the club, which has concluded the contract with the player earlier, subject to the provisions on unilateral termination of the contract by the player without just cause. A professional may conclude two contracts for the same or overlapping season exclusively whenever the player transfers on loan to a new club. During the period that the player is on loan, the effects of the employment contract with the club of origin are suspended, i.e. the club of origin is not obliged to pay the player’s salary and to provide him with adequate training and other privileges or entitlements as foreseen in the contract. It is the responsibility of the new club to pay the player’s salary in accordance with the new contract with the player. The clubs and the player can also stipulate different arrangement in the loan agreement than it is allowed in this paragraph. Any contractual provisions, that entitle one of the parties to extend the contract unilaterally, 24
are not allowed and shall not be recognised (so­called unilateral option) ​
. The parties may stipulate in the contract the manner in which it is possible to extend the duration of the contract after mutual agreement. The agreement in the aforementioned sentence shall allow any party to submit a proposal on extension of the contract to the second party with the time for response. After the expiry of this period, the second party is considered to reject to extend the duration of the contract. When the player enters into a contract with a new club, subject to paragraph 2, it applies, the player renounced the possibility to extend his contract with the current club. A contract between a professional and a club may only be terminated upon expiry of the term of the contract or by mutual agreement. A contract may be terminated by either party without consequences of any kind (either payment of compensation or imposition of sporting sanctions) where there is just cause. A contract cannot be unilaterally terminated during the course of a season. Article 30 ­ Unilateral termination of a contract by the club 24
jurisprudence of FIFA DRC e.g.: http://www.fifa.com/mm/document/affederation/administration/87875_44581.pdf​
:​
“In this respect, the Chamber recalled that, in accordance with its established jurisprudence, a clause which gives one party the right to unilaterally cancel or lengthen the contract, without providing the counter­party with the same rights, is a clause with unacceptable content and thus not legally binding.” 31/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (1)
(2)
(3)
(4)
The club has a right to terminate the contract unilaterally with the player coming into force the next day after the player has received the termination, if a) the player committed a serious breach of his obligations arising from the contract or regulations of SFZ, UEFA and FIFA (​
e.g. doping, match­fixing)​
, b) the player does not fulfil his obligations arising from the contract despite written notice of the club (​
e.g. repetitive unexcused absence in the training process, matches​
), c) a player has been convicted of a criminal offense and given a prison sentence, or d) the club and the player have stipulated another reason for termination specified in the contract that complies with principles of morality and jurisprudence of FIFA bodies or Court of Arbitration for Sport (hereinafter “CAS”). Subject to paragraph 1, the termination shall include the reasons that lead to terminating. The club is required to send the copy of the termination with the proof of sending the termination to the player to the register office of SFZ. The register office of SFZ shall take note of the information on termination and enter the date of termination of the contract into central register of SFZ members. In case of termination according to paragraph 1 letter d) the period for termination shall be stipulated between the parties. Article 31 ­ Unilateral termination of a contract by the player (1)
(2)
(3)
(4)
(5)
The player has a right to terminate the contract unilaterally with the club coming into force the next day after the club has received the termination, if a) the club committed a serious breach of its obligations arising from the contract or regulations of SFZ, UEFA and FIFA, b) despite having informed the club in writing, the club does not fulfil its obligations arising from the contract, in particular, when in period of 12 consecutive months the player has not been paid his salary or remuneration stipulated in the contract duly and on time at least three single months, c) the player has appeared in less than 10 % of the official matches of his club during a season, despite being medically fit, unless the player and the club have stipulated in the contract otherwise, d) the player and the club have stipulated another reason for termination specified in the contract that complies with principles of morality and jurisprudence of FIFA bodies or CAS. Subject to paragraph 1, the termination shall include the reasons that lead to terminating. The player is required to send the copy of the termination with the proof of sending the termination to the club to the register office of SFZ. The register office of SFZ shall take note of the notification of termination and enter the date of termination of the contract into central register of SFZ members. In case of termination according to paragraph 1 letter d) the period for termination shall be stipulated between the parties. Prior to the termination of contract in accordance with paragraph 1 letter b) the player is obliged to notify the club by registered post that the club has been in delay with payment, to 32/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (6)
calculate the amount due and fix the period for paying not shorter than seven days of the notification receipt. Subject to paragraph 1 letter b), the player is eligible to submit the termination after the period for payment of the amount due has lapsed. Subject to paragraph 1 letter b), the submission of termination shall not constitute renunciation of amount due. The player is requested to send the copy of notification and proof of postage to the register office of SFZ that shall enter the content of notification into ISSF and send the record by means of ISSF club. Subject to paragraph 1 letter c), a player may only terminate his contract on this basis in the 15 days following the last official match of the season of the club for which he is registered. If this deadline is disregarded, the player may not give the notice of termination according to paragraph 1 letter c). In case of giving the termination according to paragraph 1 letter c), the competent body shall not impose sporting sanctions, the club may however claim its compensation according to article 32. Article 32 ­ Compensation for the breach of a contract and terminating a contract without just cause (1)
(2)
(3)
(4)
The party in breach shall pay the compensation. Compensation for the breach can be stipulated between the parties in the contract. Compensation for the breach shall be calculated with due consideration for the law of Slovak Republic, the specificity of sport, and any other objective criteria. These criteria shall include, in particular, the remuneration and other benefits due to the player under the existing contract and the new contract, the time remaining on the existing contract up to a maximum of five years, the fees and expenses paid or incurred by the former club amortised over the term of the contract and whether the contractual breach falls within a protected period. Entitlement to compensation cannot be assigned to a third party. Shall the club conclude a contract with the player who has terminated the contract without just cause, the rebuttable presumption shall apply, that the club has breached the contract and has induced the player to breach the contract and in such case they are jointly and severally liable to pay the compensation. Article 33 ­ Third­party influence (1)
(2)
(3)
No club shall enter into a contract which enables any other party to that contract or any third party to acquire the ability to influence in employment and transfer­related matters its independence, its policies or the performance of its teams. Third­party is considered to be any other party than the two clubs, between which the player is transferred or club with which the player has been registered. No club or player may enter into contractual relationship with a third party under which a third party would be given the entitlements to equity or full participation of compensation regarding the next transfer of the player from one club to another, based on which a third party would be given any entitlement relating to next transfer or compensation for the transfer. Article 34 ­ Anti­doping 33/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (1)
(2)
The club retains the right to take disciplinary measures, including terminating the contract with the player without any claim for compensation, against a player who was found guilty of doping practices, whilst taking into account of the principle of individual case management. Shall the player violate the relevant anti­doping rules and regulations and, in consequence, the club terminates the player´s contract, the club shall have right to claim compensation by the player. Article 35 ­ Restriction on participating in match­fixing and betting (1)
(2)
(3)
The club retains the right to take disciplinary measures, including including terminating the contract with the player without any claim to compensation, against a player who was found guilty of sport corruption/ sport fraud (match­fixing), whilst taking into account of the principle of individual case management. The club retains the right to take internal disciplinary measures, including including terminating the contract with the player without any claim for compensation, against a player on who disciplinary measures have been imposed by Disciplinary Committee of relevant 25
26
association for corruption or distortion of competition ​
, whilst taking into account of the principle of individual case management. Shall a player violate legal order of Slovak republic or regulations of SFZ, UEFA and FIFA relating to match­fixing and betting, and thus the club terminates the player´s contract, the club shall have right to claim the compensation from the player. PART V ­ Training compensation, compensation for amateurs, solidarity mechanism
Article 36 ­ Training compensation (1)
(2)
(3)
(4)
25
26
A player’s training and education takes place between the ages of 9 and 23. Training compensation for clubs that invest in the training of a player are entitled to a financial reward for the sporting education that the player received up to the end of the Season of his 23rd birthday is due: a) when a player is registered for the first time as a professional, b) when a professional is transferred between two clubs whether during or at the end of his contract. Training compensation is not due: a) if the former club terminates the player’s contract without just cause (without prejudice to the rights of the previous clubs), or b) if a professional reacquires amateur status on being transferred. When a player is registering as a professional for the first time, the club for which the player is being registered is responsible for paying training compensation within 30 days of registration to every club for which the player was registered (in accordance with the players’ career Article 51 of SFZ Disciplinary Code. Article 52 of SFZ Disciplinary Code. 34/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava history as provided for in the player passport) and that has contributed to his training starting from the season in which he had his 9th birthday. The amount payable is calculated on a pro rata basis according to the period of training that the player spent with each club. (5) In the case of subsequent transfers of the professional, training compensation will only be due to his former club for the time he was effectively trained by that club. (6) The deadline for payment of training compensation is 30 days following the registration of the professional with the new club. (7) By fulfilling the obligations to pay for training compensation, the obligation to pay compensation for breach of contract is still due. (8) Has the club, entitled for compensation, ceased without legal representative or no longer exists, SFZ is entitled to receive the compensation, which shall be reserved for youth football 27
development programme ​
. (9) The clubs are classified into three categories depending on the calculation of training costs: a) I. category­ clubs with the licence of CTY, b) II. category ­ clubs with the licence of Grassroots, c) III. category ­ other clubs. (10) The costs are set for each category for one season (on a pro rata basis, when the player has been registered with a club for a period shorter than one season) as follows: PLAYER´S TRAINING COSTS for one season AGE* CATEGORY OF CLUB I. ­ CTY II. ­ Grassroots III. ­ OTHER age of 9 ­ 11 EUR 200 EUR 200 EUR 200 age of 12 ­ 15 EUR 1.200 EUR 800 EUR 600 age of 16 ­ 19 EUR 3.000 EUR 1.500 EUR 1.000 age of 20 ­ 23 EUR 10.000 EUR 5.000 EUR 2.500 * season, in which the player reaches the given age (11) As a general rule, to calculate the training compensation, it is necessary to take the costs that would have been incurred by the new club if it had trained the player itself. (12) The first time a player registers as a professional, the training compensation payable is calculated by adding up the training costs of the new club from the season of the player‘s 9th birthday to the season of his age when he registers as a professional for the first time in the 27
​
Article 70​
par. 2 let. b) of the SFZ Statutes 35/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava category where the club is classified . In the case of subsequent transfers, training compensation is calculated based on the training costs of the new club added up by the number of years of training with the former club. (13) The training compensation is payable also when the club concludes the contract with a player who is considered to be a professional in accordance to these regulations and the club does not submit the contract for the registration according to article 27. The same rules shall apply when the player has not concluded a contract but has received remuneration for playing football higher than his actual expenses incurred. Article 37 ­ Compensation for amateurs (1)
The home club has the right to claim the compensation when an amateur is transferred to a new club as follows: men age 9 ­ 11 12 ­ 15 16 ­ 18 19 ­ 25 26 ­ 33 over 34 1. league EUR 100 EUR 400 EUR 800 EUR 5.000 EUR 2.500 EUR 500 2. league EUR 100 EUR 400 EUR 800 EUR 2.500 EUR 1.250 EUR 500 3. ­ 5. league EUR 100 EUR 200 EUR 400 EUR 1.000 EUR 750 EUR 250 ObFZ EUR 100 EUR 200 EUR 250 EUR 250 EUR 150 EUR 50 women category women juniors cadets 1. league EUR 600 EUR 400 EUR 200 2. league EUR 300 EUR 200 EUR 100 (2)
(3)
(4)
Subject to paragraph 1, the compensation is payable through collective monthly invoice to the account of SFZ. SFZ shall pay the compensation in the aforementioned sentence into the account of eligible club within 15 days of crediting to the account of SFZ under invoice basis, issued by competent club and lodged at the address of SFZ. Shall the club have the right to claim compensation in the future in accordance with article 36, his claim for training compensation is reduced by the compensation paid to him in accordance with this article. Shall there be no adult team participating in a competition for the home club, the club is 36/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava entitled to claim compensation in the amount of 50% of the compensation in accordance with paragraph 1. Article 38 ­ Solidarity mechanism (1)
(2)
(3)
A solidarity contribution is a part of compensation, which the new club shall pay to the former club as a compensation for the transfer of the player. The solidarity contribution is not paid from the training compensation. If a professional player transfers during the validity of his employment contract, the new club pays the former club compensation for allowing the player to transfer to the new club. If a professional moves during the course of a contract, 5% of any compensation, not including training compensation paid to his former club, shall be deducted from the total amount of this compensation and distributed by the new club as a solidarity contribution to the club(s) involved in his training and education between the seasons of his 12th and 23rd birthdays. This solidarity contribution reflects the number of years (calculated on pro rata basis if less than one year) he was registered with the relevant club(s) as follows: SOLIDARITY CONTRIBUTION AGE* % of contribution % of compensation age of 12 5% 0,25% age of 13 5% 0,25% age of 14 5% 0,25% age of 15 5% 0,25% age of 16 10% 0,5% age of 17 10% 0,5% age of 18 10% 0,5% age of 19 10% 0,5% age of 20 10% 0,5% age of 21 10% 0,5% age of 22 10% 0,5% age of 23 10% 0,5% 37/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava TOGETHER 100% 5% * season, in which the player reaches the age (4)
(5)
(6)
The new club shall pay the solidarity contribution to the training club(s) pursuant to the above provisions no later than 30 days after the player’s registration or, in case of contingent payments (e.g. for, next transfer, for number of starts, etc.), 30 days after the date of such payments. It is the responsibility of the new club to calculate the amount of the solidarity contribution and to distribute it in accordance with this article and the player’s career history as provided for in the player passport available in ISSF. If the player passport is not available in ISSF, the register office of SFZ shall issue it upon request. Has the club, entitled for solidarity contribution, ceased without legal representative or no longer exists, SFZ is entitled to receive the solidarity contribution, which shall be reserved for 28
youth football development programme ​
. PART VI­ Disciplinary liability and dispute resolution Article 39 ­ Disciplinary liability (1)
(2)
(3)
(4)
(5)
28
Infringement of procedure and obligation set out in these regulations is considered to be a disciplinary infringement in accordance with article 64 of SFZ Disciplinary Code. Especially violation or infringement of obligation according to articles 17 and 33 to 38 shall be considered to be such infringement. The relevant disciplinary committee is the competent body to decide on infringements and their consequences in accordance with SFZ Disciplinary Code, unless otherwise provided by these regulations. The FIFA Disciplinary Committee may impose disciplinary measures on clubs or players that do not observe the obligations according to article 20 paragraph 7 to 9. Besides the association which has not requested approval according to article 20 paragraph 9, disciplinary measures can be imposed also on the association which, without approval of sub­committee, has issued ITC or on clubs which have agreed on such a transfer of a minor player. Termination based on a different reason as the one according to article 30 paragraph 1 and article 31 paragraph 1, or shall the merits of the termination not be confirmed by competent body of SFZ, is considered to be a disciplinary infringement and establishes the obligation to pay the compensation. In addition to the obligation to pay compensation, sporting sanctions shall also be imposed on any player found to be in breach of contract during the protected period. This sanction shall be a restriction of four months on his eligibility to play in official matches. In the case of aggravating circumstances, the restriction shall last six months. In all cases, these sporting sanctions shall take effect from the notification of the decision to the player. ​
Article 70​
par. 2 letter b) of the SFZ Statutes 38/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (6)
The sporting sanctions according to paragraph 5 shall remain suspended in the period between the last official match of the season and the first official match of the next season, in both cases including national cups and international championships for clubs. (7) This suspension of the sporting sanctions according to paragraph 5 is not applicable if the player is an established member of the national team of the association he is eligible to represent, and the association concerned is participating in the final competition of an international tournament in the period between the last match and the first match of the next season. (8) Unilateral breach without just cause or sporting just cause after the protected period will not result in sporting sanctions. Disciplinary measures may, however, be imposed for failure to give due notice of termination to the club, which he is registered with, within fifteen days following the last match of the season. (9) Shall the Disciplinary Committee of SFZ impose disciplinary measure on any player in accordance with paragraph 5, it may request FIFA Disciplinary Committee to extend the sanctions passed to have worldwide effect (10) In addition to the obligation to pay compensation, sporting sanctions shall be imposed on any club found to be in breach of contract or found to be inducing a breach of contract during the protected period. In accordance with article 25 of SFZ Disciplinary Code the club shall be banned from registering any new players (transfers), either nationally or internationally, for two registration periods. (11) Any person subject to the SFZ Statutes and other SFZ regulations who acts in a manner designed to induce a breach of contract between a professional and a club in order to facilitate the transfer of the player shall be sanctioned in accordance with article 64 of SFZ Disciplinary Code (12) The Disciplinary Committee of SFZ shall consider proceeding according to article 36 par. 13 to be a proceeding with the aim of gaining unjustified advantage according to article 64 par. 1 letter d) of SFZ Disciplinary Code. Article 40 ­ Dispute resolution (1)
(2)
(3)
(4)
The club and the player are obliged to establish the process for disputes on issues not covered by the contract and they shall comply with the SFZ Statutes and these regulations. Subject to national legislation of Slovak Republic and collective bargaining agreements, any dispute between the club and the player regarding the contract shall be submitted to the 29
Committee of SFZ ​
under its regulations or to CA SFZ under its statutes and regulations. Disputes of an international dimension, which are not subject to jurisdiction of committee of SFZ or CA SFZ, may be submitted by the parties to the FIFA Player Status Committee, FIFA DRC or CAS under the conditions mentioned in relevant regulations of these bodies or in FIFA RSTP. The Committee of SFZ has jurisdiction to hear and adjudicate on following cases: 29
Body for ensuring justice, whose jurisdiction and actions are laid down in article 58a of the SFZ Statutes and in regulations of SFZ chamber (National Dispute Resolution Chamber). 39/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava a)
b)
c)
d)
e)
f)
g)
(5)
(6)
disputes relating to training compensation, disputes relating to compensation for amateur players, disputes relating to solidarity contribution, disputes relating to another compensation subject to these regulations, disputes relating to justified termination subject to article 30 and 31, disputes relating to compensation in case of termination without just cause, disputes relating to disciplinary measures imposed on players by the club within internal disciplinary proceeding in the club, h) petition determining, if there is or there is not a legal relation or right and petition determining status of player, including disputes relating to club affiliation and its change. The Committee of SFZ is authorised to hear club´s or player´s application for registering a player outside the registration period according to article 19 paragraph 1 and 2 and in reasonable cases which deserve special consideration, it may pass a decision on which the competent register office shall register the player. The Committee of SFZ shall pass the decision, in particular when the relevant team does not have sufficient amount of players to participate in ongoing official match (e.g. injury of more goalkeepers of A team). The Committee of SFZ is not authorised to hear and adjudicate on disputes relating to ITC issuance. Article 41 ­ Complaints (1)
(2)
(3)
(4)
(5)
(6)
It is admissible to submit a complaint against the registration act carried out by the relevant register office. The submission of the complaint shall not have a suspensive effect. A complaint is a submission of a natural or a legal person (hereinafter "claimant"), by which a) they claim protection of their rights or interests protected by law, which they believe, have been violated by the​
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acts​
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or the lack of acts​
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of relevant register office, b) points out the specific deficiencies, in particular breach of provisions of these regulations and the relevant register office shall be responsible for their elimination. The complaint submitted by a natural person shall include the name, surname, residence or place of temporary residence and the registration number of the claimant. The complaint submitted by a legal person shall include the name and domicile of legal person/entity, name and surname of person empowered to act on behalf of the legal person and his/her registration number or company registration number. Shall a claimant choose a legal representative, who submits the complaint on his behalf, the complaint shall be accompanied by power of representation of the claimant at the submission of complaint. Shall the claimant, who has chosen a representative according to the aforementioned sentence, submit the complaint through ISSF, he is obliged to lodge the power of representation by registered post to the register office of SFZ within three days of the complaint submission, otherwise the register office may reject the complaint. The complaint shall be legible and clear. It shall be absolutely clear which act of which register office it is directed against, which deficiencies it points out, what the claimant claims and it 40/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (7)
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shall be signed by the claimant. The complaint shall be submitted to the register office of SFZ through ISSF or by registered post. Has the complaint been submitted by registered post, the register office of SFZ enters it into the ISSF after its receipt. The time for submission of the complaint is 15 days of the day, on which the relevant register office carried out the act. After a lapse of this time, the complaint shall be inadmissible and register office of SFZ shall reject it. Shall the complaint not contain requirements according to this article, the register office of SFZ returns it to the claimant and determines the term of at least seven days but no longer than ten days to complete the complaint. Shall the completed complaint not fulfil the requirements set out in this article, the register office of SFZ rejects the complaint. The relevant register office of SFZ shall be responsible for dealing with the complaints against act of register office of ObFZ and RFZ. The relevant register committee of SFZ shall be responsible for dealing with the complaints against act of register office of SFZ. To submit a complaint is charged according to the tariff, annexed to these regulations under No. 3. The claimant, who monthly collective invoices are issued to, shall pay the fee by the monthly collective invoice to the claimant. Shall the monthly invoice be not issued to the claimant, he is obliged to pay the fee in a different way (deposit into the account, transfer to the account or via another payment service) prior to submission of the complaint and lodge a proof of payment and the complaint as well to the register office of SFZ; otherwise the register office of SFZ shall reject the complaint. The time period for issuance of the complaint is 15 days of the receipt of the complaint. The complaint shall be deemed to be issued after the written statement on the result of the investigation has been sent to the claimant. In the statement there shall be stated, if the complaint is substantiated or unsubstantiated. The statement shall include the grounds of results found bz investigating the complaint. Shall the register office of SFZ or register committee of SFZ rejects the complaint entirely, they are obliged to request the written statement from legal department of SFZ prior to issuance of the complaint, while issuing the complaint, they are bound to the statement. Shall the issued complaint be substantiated, the head register office of SFZ or register committee of SFZ shall a) appoint the person responsible for ascertained deficiencies, b) adopt provisions to eliminate ascertained deficiencies and reasons for their occurrence, c) submit the adopted provisions to the general secretary of SFZ and to SFZ EC, d) submit a report on fulfilling the provisions and implementation of pertinent legal liability to the general secretary of SFZ and to SFZ EC. Shall the complaint of the claimant be substantiated, the register office of SFZ shall return the fee in the full amount to the claimant within three days of the issuance of the complaint. The fee shall not be returned, if there has not been entire success. 41/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (20) Costs, incurred by the claimant shall be borne by the claimant and costs incurred by the register office of SFZ shall be borne by SFZ. Article 42 ­ Investigating procedures of SFZ body according to these regulations (1)
(2)
On the initiative, the Appeal Committee of SFZ in accordance with article 59 paragraph 5 and 6 of the SFZ Statutes is entitled to investigate the procedures of SFZ body subject to these regulations, in addition to procedure set out in article 40. Article 59 of the SFZ Statutes, Disciplinary Code of SFZ as well as other regulations regulates procedure according to paragraph 1. PART VII ­ Common, transitional and final provisions
Article 43 ­ Common provisions Details on carrying out the provisions of these regulations shall be regulated in the instructions by the general secretary of SFZ. Article 44 ­ Transitional provisions (1)
(2)
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Contractual relationships, which had arisen prior to effectivity of these regulations, shall remain in full force and effect as they were stipulated, if they have been stipulated in accordance with regulations set out in article 44. The provisions of these regulations and relevant rules, effective prior to effectivity of these regulations, shall adequately apply for resolution of disputes founded by contractual relationships according to paragraph 1. The loans of the player, which began prior to effectivity of these regulations, may be terminated upon expiry of the term of the contract. An early termination of the loan of players according to paragraph 3 shall be carried out in accordance with these regulations. Article 45 ­ Final provisions It is cancelled: 1. Regulations on transfer ​
of unprofessional players​
approved by SFZ EC on 26 June 2012. 2. Regulations on transfer ​
of ​
professional football players approved by SFZ EC on 26 June 2012. 3. Football registration rules​
approved by SFZ EC on 26 June 2012. 4. Directive on the registration of professional and non­amateur contracts ​
approved by SFZ EC on 22 September 2009. 5. Rules for establishing compensation for professional players ​
approved at extraordinary conference of SFZ on 10 July 1993 in their amendments approved on 17 March 1995. Article 46 ­ Effectivity These regulations come into force on 15 June 2015, besides article 40, which comes into force on 42/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava the day of approval of these regulations. 43/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava ANNEXES
30
Annexe No. 1 ­ National teams of Slovak Republic in football (1)
Slovak Football Association as a national football association under § 8 sec. 2 letter b) ​
Act No. 300/2008 Coll. on organisation and support of sport and on amendments and supplements to certain laws shall ensure the preparation of players for national teams and their participating in international matches or international sporting events. (2) Subject to article 3 par. 2 and article 4 par. 2 letter d. of the SFZ Statutes, one of the main activities of SFZ is to provide for preparation of players for national teams of Slovak Republic and their participation in international sport competitions in football. 31
(3) Article 20 of the SFZ Statutes, statute of national team player of Slovak republic ​
and special 32 ​
provisions regulate the national teams of Slovak republic. (4) This Annexe shall regulate binding rules, procedures and obligations of players, clubs and SFZ when releasing players for national teams. (5) Clubs are obliged to release their registered players for national teams of the country for which the player is eligible to play on the basis of his nationality, if he is called up by the association concerned. (6) When the player has been called up to play abroad for Slovak football national team, SFZ shall notify the player and his club in writing at least 15 before the day of the international match, for which he is required. The club for which the player is registered is not obliged to release the player if this deadline is not complied with. (7) The player himself is entitled to renounce performing for his national team due to personal reasons (e.g. no interest to be in the national team, death in his family etc.). (8) The player himself is also entitled to renounce performing for his national team due to health reasons (injury, illness). If the SFZ requires, the player is obliged to undergo a medical examination by a doctor of SFZ´s choice (usually the doctor of national team. (9) The home club of player shall confirm the release of the player to the national team within six days of the receipt of the call­up. Shall the club not respond to calling up the player, within the period, it is assumed the club agrees on release of the player. (10) The release of players to national teams is mandatory for matches on dates listed in the FIFA coordinated International Match Calendar. (11) The home club may decide on releasing the players for matches on dates not provided for in the international match calendar. (12) Player shall also be released for the period of preparation before the match, which is laid down as follows: a) for friendly matches: 48 hours, b) for qualifying matches for an international tournament: four days (including the day of the match). ​
§ 16 and § 17 Act No. 300/2008 on organisation and support of sport and on amendments to certain laws available on: ​
http://www.futbalsfz.sk/fileadmin/user_upload/SFZ_official/Podklady/2012/20120306/20120301_podklady_06.pdf 32
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e.g. SFZ Disciplinary Code. 30
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44/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava (13)
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c) for qualifying matches for an international tournament that are staged on a date earmarked for friendly matches: 48 hours, d) for the final competition of World Championship, The European Championship or Summer Olympic Games: 14 days before the first match in the competition. In any event, the player shall join the national team at least 48 hours before kick­off. The club and SFZ concerned are free to agree on a longer period of release. SFZ is obliged to release the player in sufficient time regarding the distance and travel connection so that the players are able to resume duty with their clubs no later than 24 hours after the end of the match for which they were called up. This period shall be extended to 48 hours if the match concerned took place in a different confederation to the one in which the player’s club is registered. Regarding final championships, the club shall release the player and the player shall leave for national team on Monday morning at least one week prior to the beginning of final championship. SFZ shall release the player on the following morning after the final tournament of the national team. SFZ that calls up the player shall inform the club and the player in writing of the player´s schedule ten days before the match in question. In the notification, SFZ shall indicate when and how the player leaves the club and joins the national team of Slovak Republic as well as when and how the player returns to the club. Clubs releasing the player to play in the national team of Slovak republic are not entitled to financial compensation. SFZ shall bear the costs of travel from the club to the location of the national team match and back, costs of appropriate accommodation and food, necessary health insurance and rehabilitation cover as well as other costs related to performance of a national team player in terms of trilateral contract on the performance of a national team player of Slovak Republic, which the player has concluded with SFZ and company SFZ Marketing, s. r. o. Shall the professional from the men category during the time, for which he has been released for a national team on dates staged in the Calendar, suffer personal injury caused by unintentional accident, and is therefore temporary or totally handicapped, FIFA shall compensate the club which the player is registered with. Conditions and rules for 33
compensations are set out in FIFA Technical Bulletin – Club Protection Programme ​
. Technical managers of each SFZ national team shall keep records on kick­offs of the player and they are obliged to submit the records to the register office of SFZ within 5 days after the end of each national team match subject to this paragraph. The record of national team matches and appearances shall be maintained by the register office of SFZ, which upon the request of the club or player issues the confirmation about the number of player´s national team kick­offs in the divided into age categories. ​
http://www.fifa.com/mm/document/affederation/administration/01/64/76/90/technicalbulletinmitcirculare.pdf 45/46 Registration and Transfer Regulations of SFZ approved on the session of SFZ executive committee on 10 February 2015 in Bratislava ANNEXE No. 2 ­ Fees 1. Acts of registration are charged according to the tariff. 2. The club is obliged to pay the fee according to paragraph 1 to the football association, whose register office is competent to carry out the act of registration. 3. The fees are paid on the basis of monthly collective invoice, which shall be issued by SFZ through ISSF. 4. Shall the fee be not paid by monthly collective invoice, the payer pays the fee according to the provisions of these regulations. Tariff ACT FEE first registration, change of registration 5 EUR issuance of registration card 5 EUR change of club affiliation­ adult amateur 10 EUR change of club affiliation ­ minor amateur 7 EUR change of club affiliation­ professional 40 EUR change of club affiliation ­ from abroad to SFZ 40 EUR complaint 50 EUR contract registration between club and professionals 5 EUR contract registration between clubs 5 EUR contract registration relating to represent the player or club by an intermediary (Annex No. 4) 5 EUR annual fee for administering personal account in ISSF (every member of SFZ ­ natural person aged over 9) 1 EUR monthly fee for administering ISSF (clubs) 2 EUR 46/46