Law No. 2010-626 of June 9, 2010, governing the profession of sports agent, was published in the Journal Officiel.
This Act amends the rules governing sports agents significantly.
It replaces a number of provisions of the Code of Sports and add new items to it.
The text of this law reads:
Article 1:
Articles L. 222-5 to L. 222-12 of the Code of sports are replaced by eighteen articles L. 222-5 to L. 222-22 read:
"Art.L. 222-5.-Section L. 7124-9 of the Labour Code applies to payments of any kind paid to the practice of a sport by children of sixteen and less subject to compulsory education.
"The conclusion of a contract or on the practice of a sport by a minor, or whose cause is the pursuit of sporting activity by a minor does not give rise to any remuneration or compensation or to Granting of any advantage whether the benefit of a person or entity relating them to interested parties entering into one contract or a person or entity acting on behalf and on behalf of the minor.
"The written agreements pursuant to which a person or entity brings together stakeholders at the conclusion of one of those contracts or acts on behalf and on behalf of the minor mention the prohibition in the second paragraph. The natural or legal person party to such an agreement shall transmit to the federation delegate authority. The federation also enacts rules the submission of contracts for the pursuit of sporting activity by a minor.
"Any agreement contrary to this section is void.
"Art.L. 222-6.-The infractions remuneration mentioned in the first paragraph of Article L. 222-5 are punishable by a fine of € 7,500.
"Recidivism is punishable by imprisonment of six months and a fine of 15 000 €.
"Art.L. 222-7.-The activity to get in, against payment, the parties concerned to conclude a contract to be paid on the exercise of a sporting activity or training that imposes the conclusion of an employment contract designed to pay the exercise of a sporting activity or training can not be exercised by an individual holding a license for a sports agent.
"The license is issued, suspended and withdrawn, as the discipline concerned, the federation delegate authority. This review annually the activities of sports agents.
"Each federation delegate authority publishes a list of sports agents licensed to practice in his discipline and the sanctions imposed pursuant to Article L. 222-19 against agents, licensees and associations and affiliates.
"Art.L. 222-8.-The sports agent may, for the exercise of his profession, or to incorporate a society worker.
"Art.L. 222-9.-No person may obtain or hold a license for a sports agent:
"1 If he engages, directly or indirectly, in law or in fact, as a volunteer or paid, management functions or athletic training or in a partnership or a corporation employing sports cons compensation or organizing sports events or in a federation sports or body that has established or has been asked to perform one of these functions in the past year;
"2 If it is or has been during the past year shareholder or partner a company employing sports cons compensation or organizing sports events;
"3 If it was the subject of a disciplinary sanction at least equivalent to a suspension by the federation delegate competent by reason of a breach of respect for ethics, morality and ethics sporting
"4 If attendant association or corporation employing sports cons compensation or organizing sports events;
"5 If a sports federation officer or body it generated.
"Art.L. 222-10.-No person shall engage, directly or indirectly, in law or in fact, as a volunteer or paid, management functions or sports training or in a partnership or a corporation employing sports cons compensation or organizing sporting events or in a sports federation or body if it has been practiced as an agent sports during the past year.
"No one can be a shareholder or partner of a partnership employing sports cons compensation or organizing sports events he has practiced the profession of sports agent during the past year.
"Art.L. 222-11.-No person may obtain or hold a sports agent license if:
"1 Was the author of the facts giving rise to criminal conviction for acts contrary to the honor, integrity or morality;
"2 Has been struck by personal bankruptcy or any bans or forfeiture provided for in Book VI of the Commercial Code or, in the regime before the law No. 2005-845 of 26 July 2005 backup companies, under Title VI of Law No. 85-98 of January 25, 1985 on the reorganization and liquidation of companies, or in the regime before the law, under Title II of Law No. 67-563 of 13 July 1967 on judicial settlement, liquidation of assets, bankruptcy and personal bankruptcies.
"Bulletin No. 2 of the criminal record is issued to the federation delegate authority.
"Art.L. 222-12.-The following are subject to disqualifications and disabilities provided for in Articles L. 222-9 to L. 222-11 attendants of a sports agent or the company he formed for the exercise of its business.
"No person shall be servant of more than a sports agent or more than one company in which the activity is performed for a sports agent.
"Art.L. 222-13.-When the sports agent is a corporation for the practice of his profession, its officers, partners or shareholders are subject to disqualifications and disabilities under Articles L. 222-9 to L. 222-11.
"When the sports agent is a corporation for the practice of his profession, his partners or shareholders may in no case be:
"1 An association or corporation employing sports cons compensation or organizing sports events;
" 2 A sports federation or body it generated.
"Art.L. 222-14.-When the sports agent is a corporation for the practice of his profession, its officers, partners or shareholders can not be athletes or coaches for which the agent can perform the activity mentioned in the first paragraph of Article L. 222-7.
"Art.L. 222-15.-The business of sports agent can be applied to the territory national, in accordance with Articles L. 222-5 to L. 222-22, by nationals of a Member State of the Union or of a State party to the Agreement on the European Economic Area:
"1 When they are qualified to practice in the one of the states mentioned in the first paragraph of this article in which the profession or the formation of a sports agent is regulated;
"2 Or when they have been employed full time for two years during the previous ten years the profession of sports agent in one of the states mentioned in the first paragraph in which neither the profession nor the formation of a sports agent are regulated and they hold a certificate of competence or a qualification issued by the competent authority of the State of origin.
"A decree in Conseil d'Etat defines the conditions to which the performance of the business of sports agent by nationals of the European Union or a State party to the Agreement on the European Economic Area wishing to settle in the country, where there is a substantial difference in level between the qualification for which interested parties will prevail and the requirements for obtaining the license referred to in Article L. 222-7.
"The business of sports agent may also be exercised by a temporary and occasional nationals legally established in a Member State of the Union or a State Party to the Agreement on the European Economic Area in respect of Article L. 222-11. However, when neither the activity nor the training to exercise are regulated in the Member State of establishment, its citizens must have exercised for at least two years during the ten years preceding its exercise national territory.
"The nationals of a Member State of the Union or a State party to the Agreement on the European Economic Area shall, prior to the exercise of the activity of sports agent in the national territory, including temporary and occasional basis, make a declaration to the federation delegate competent manner defined by decree in Conseil d'Etat.
"Art.L. 222-16.-A national of a State not a member of the European Union or party to the Agreement on the European Economic Area and who is not a licensed sports agent mentioned Article L. 222-7 to pass an agreement with a sports agent whose object presentation an interested party to a contract mentioned in that Article L. 222-7.
"The convention of presentation in the first paragraph of this section shall be transmitted to the federation delegate authority.
"A sports agent established in the States or territories deemed non-cooperative as defined in Article 238-0 A of the Tax Code can operate as a sports agent in the national territory.
"Any agreement concluded with a presentation of such an agent is zero.
"Art.L. 222-17.-A sports agent can only act on behalf of a party contracts mentioned in Article L. 222-7.
"The written contract in respect of which the sports agent engaged in the practice of putting interested parties in relation to the conclusion of a contract mentioned in Article L. 222-7 states:
"1 The amount of the remuneration of the sports agent, which may not exceed 10% of the contract between the parties that he has collated;
" 2 to Part one of the contracts mentioned in Article L. 222-7 who pays the sports agent.
"Where for the conclusion of a contract referred to in Article L. 222-7, several sports agents involved, the total amount of their compensation may not exceed 10% of the amount of this contract.
"The amount of the remuneration of the sports agent may, by agreement between it and parties to agreements referred to in Article L. 222-7, be for all or part paid by the other party or sports coach. This compensation is therefore not qualified to benefit in money awarded to the athlete or coach in addition to salaries, allowances or émoluments.L sports agent gives receipt of payment to the contractor athlete or coach.
"Any agreement contrary to this Article shall be deemed null and invalid.
"Art.L. 222-18.-Under the delegation of authority granted to them, federations delegated and, where appropriate, professional leagues they have made to ensure that the contracts referred to in Articles L. 222-7 and L. 222-17 safeguard the interests of athletes, coaches and the discipline concerned and comply with Articles L. 222-7 to L. 222-17.A this end, they lay down the rules:
"1 In the statement of the contracts referred to in Article L. 222-7 and those mentioned in the second paragraph of Article L. 222-17;
"2 A ban on their licensees and their associations and affiliates to use the services of a person engaged in the activity mentioned in the first paragraph of Article L. 222-7 does not hold a license sports agent within the meaning of that section;
"3 On payment of the remuneration of the sports agent, which can only occur after transmission of the contract under the second paragraph of Article L. 222-17 delegate authority to the federation.
"Art.L. 222-19.-The federations delegated authorities enact sanctions against sports agents, licensees and associations and affiliates, if:
"1 Non-communication:
" a) the contracts referred to in Article L. 222-7;
"b) The contracts referred to in the second paragraph of Article L. 222-17;
"2 Non-compliance with Articles L. 222-5 and L. 222-7 to L. 222-18;
"3 Non-disclosure of documents necessary for monitoring the activity of the agent.
"Art.L. 222-20.-A penalty of two years imprisonment and a fine of € 30 000 the pursuit activity defined in Article L. 222-7:
" 1 ° without having obtained a license from a sports agent or in disregard of a decision suspending or revoking such license;
"2 Or in violation of the second paragraph of Article L. Articles L. 222-5 or 222-9 to L. 222-17.
"The amount of the fine may be increased beyond € 30 000 to double the amount improperly collected in violation of items 1 and 2 of this article.
"Art.L. 222-21.-The penalties provided for in Article L. 222-20 may be accompanied by a temporary or permanent ban from exercising the activity of a sports agent.
"Art.L. 222-22.-The arrangements for implementing Articles L. 222-7, L. 222-8 and L. L. 222-15 222-19 are defined by decree in Conseil d'Etat. "
"Art.L. 222-5.-Section L. 7124-9 of the Labour Code applies to payments of any kind paid to the practice of a sport by children of sixteen and less subject to compulsory education.
"The conclusion of a contract or on the practice of a sport by a minor, or whose cause is the pursuit of sporting activity by a minor does not give rise to any remuneration or compensation or to Granting of any advantage whether the benefit of a person or entity relating them to interested parties entering into one contract or a person or entity acting on behalf and on behalf of the minor.
"The written agreements pursuant to which a person or entity brings together stakeholders at the conclusion of one of those contracts or acts on behalf and on behalf of the minor mention the prohibition in the second paragraph. The natural or legal person party to such an agreement shall transmit to the federation delegate authority. The federation also enacts rules the submission of contracts for the pursuit of sporting activity by a minor.
"Any agreement contrary to this section is void.
"Art.L. 222-6.-The infractions remuneration mentioned in the first paragraph of Article L. 222-5 are punishable by a fine of € 7,500.
"Recidivism is punishable by imprisonment of six months and a fine of 15 000 €.
"Art.L. 222-7.-The activity to get in, against payment, the parties concerned to conclude a contract to be paid on the exercise of a sporting activity or training that imposes the conclusion of an employment contract designed to pay the exercise of a sporting activity or training can not be exercised by an individual holding a license for a sports agent.
"The license is issued, suspended and withdrawn, as the discipline concerned, the federation delegate authority. This review annually the activities of sports agents.
"Each federation delegate authority publishes a list of sports agents licensed to practice in his discipline and the sanctions imposed pursuant to Article L. 222-19 against agents, licensees and associations and affiliates.
"Art.L. 222-8.-The sports agent may, for the exercise of his profession, or to incorporate a society worker.
"Art.L. 222-9.-No person may obtain or hold a license for a sports agent:
"1 If he engages, directly or indirectly, in law or in fact, as a volunteer or paid, management functions or athletic training or in a partnership or a corporation employing sports cons compensation or organizing sports events or in a federation sports or body that has established or has been asked to perform one of these functions in the past year;
"2 If it is or has been during the past year shareholder or partner a company employing sports cons compensation or organizing sports events;
"3 If it was the subject of a disciplinary sanction at least equivalent to a suspension by the federation delegate competent by reason of a breach of respect for ethics, morality and ethics sporting
"4 If attendant association or corporation employing sports cons compensation or organizing sports events;
"5 If a sports federation officer or body it generated.
"Art.L. 222-10.-No person shall engage, directly or indirectly, in law or in fact, as a volunteer or paid, management functions or sports training or in a partnership or a corporation employing sports cons compensation or organizing sporting events or in a sports federation or body if it has been practiced as an agent sports during the past year.
"No one can be a shareholder or partner of a partnership employing sports cons compensation or organizing sports events he has practiced the profession of sports agent during the past year.
"Art.L. 222-11.-No person may obtain or hold a sports agent license if:
"1 Was the author of the facts giving rise to criminal conviction for acts contrary to the honor, integrity or morality;
"2 Has been struck by personal bankruptcy or any bans or forfeiture provided for in Book VI of the Commercial Code or, in the regime before the law No. 2005-845 of 26 July 2005 backup companies, under Title VI of Law No. 85-98 of January 25, 1985 on the reorganization and liquidation of companies, or in the regime before the law, under Title II of Law No. 67-563 of 13 July 1967 on judicial settlement, liquidation of assets, bankruptcy and personal bankruptcies.
"Bulletin No. 2 of the criminal record is issued to the federation delegate authority.
"Art.L. 222-12.-The following are subject to disqualifications and disabilities provided for in Articles L. 222-9 to L. 222-11 attendants of a sports agent or the company he formed for the exercise of its business.
"No person shall be servant of more than a sports agent or more than one company in which the activity is performed for a sports agent.
"Art.L. 222-13.-When the sports agent is a corporation for the practice of his profession, its officers, partners or shareholders are subject to disqualifications and disabilities under Articles L. 222-9 to L. 222-11.
"When the sports agent is a corporation for the practice of his profession, his partners or shareholders may in no case be:
"1 An association or corporation employing sports cons compensation or organizing sports events;
" 2 A sports federation or body it generated.
"Art.L. 222-14.-When the sports agent is a corporation for the practice of his profession, its officers, partners or shareholders can not be athletes or coaches for which the agent can perform the activity mentioned in the first paragraph of Article L. 222-7.
"Art.L. 222-15.-The business of sports agent can be applied to the territory national, in accordance with Articles L. 222-5 to L. 222-22, by nationals of a Member State of the Union or of a State party to the Agreement on the European Economic Area:
"1 When they are qualified to practice in the one of the states mentioned in the first paragraph of this article in which the profession or the formation of a sports agent is regulated;
"2 Or when they have been employed full time for two years during the previous ten years the profession of sports agent in one of the states mentioned in the first paragraph in which neither the profession nor the formation of a sports agent are regulated and they hold a certificate of competence or a qualification issued by the competent authority of the State of origin.
"A decree in Conseil d'Etat defines the conditions to which the performance of the business of sports agent by nationals of the European Union or a State party to the Agreement on the European Economic Area wishing to settle in the country, where there is a substantial difference in level between the qualification for which interested parties will prevail and the requirements for obtaining the license referred to in Article L. 222-7.
"The business of sports agent may also be exercised by a temporary and occasional nationals legally established in a Member State of the Union or a State Party to the Agreement on the European Economic Area in respect of Article L. 222-11. However, when neither the activity nor the training to exercise are regulated in the Member State of establishment, its citizens must have exercised for at least two years during the ten years preceding its exercise national territory.
"The nationals of a Member State of the Union or a State party to the Agreement on the European Economic Area shall, prior to the exercise of the activity of sports agent in the national territory, including temporary and occasional basis, make a declaration to the federation delegate competent manner defined by decree in Conseil d'Etat.
"Art.L. 222-16.-A national of a State not a member of the European Union or party to the Agreement on the European Economic Area and who is not a licensed sports agent mentioned Article L. 222-7 to pass an agreement with a sports agent whose object presentation an interested party to a contract mentioned in that Article L. 222-7.
"The convention of presentation in the first paragraph of this section shall be transmitted to the federation delegate authority.
"A sports agent established in the States or territories deemed non-cooperative as defined in Article 238-0 A of the Tax Code can operate as a sports agent in the national territory.
"Any agreement concluded with a presentation of such an agent is zero.
"Art.L. 222-17.-A sports agent can only act on behalf of a party contracts mentioned in Article L. 222-7.
"The written contract in respect of which the sports agent engaged in the practice of putting interested parties in relation to the conclusion of a contract mentioned in Article L. 222-7 states:
"1 The amount of the remuneration of the sports agent, which may not exceed 10% of the contract between the parties that he has collated;
" 2 to Part one of the contracts mentioned in Article L. 222-7 who pays the sports agent.
"Where for the conclusion of a contract referred to in Article L. 222-7, several sports agents involved, the total amount of their compensation may not exceed 10% of the amount of this contract.
"The amount of the remuneration of the sports agent may, by agreement between it and parties to agreements referred to in Article L. 222-7, be for all or part paid by the other party or sports coach. This compensation is therefore not qualified to benefit in money awarded to the athlete or coach in addition to salaries, allowances or émoluments.L sports agent gives receipt of payment to the contractor athlete or coach.
"Any agreement contrary to this Article shall be deemed null and invalid.
"Art.L. 222-18.-Under the delegation of authority granted to them, federations delegated and, where appropriate, professional leagues they have made to ensure that the contracts referred to in Articles L. 222-7 and L. 222-17 safeguard the interests of athletes, coaches and the discipline concerned and comply with Articles L. 222-7 to L. 222-17.A this end, they lay down the rules:
"1 In the statement of the contracts referred to in Article L. 222-7 and those mentioned in the second paragraph of Article L. 222-17;
"2 A ban on their licensees and their associations and affiliates to use the services of a person engaged in the activity mentioned in the first paragraph of Article L. 222-7 does not hold a license sports agent within the meaning of that section;
"3 On payment of the remuneration of the sports agent, which can only occur after transmission of the contract under the second paragraph of Article L. 222-17 delegate authority to the federation.
"Art.L. 222-19.-The federations delegated authorities enact sanctions against sports agents, licensees and associations and affiliates, if:
"1 Non-communication:
" a) the contracts referred to in Article L. 222-7;
"b) The contracts referred to in the second paragraph of Article L. 222-17;
"2 Non-compliance with Articles L. 222-5 and L. 222-7 to L. 222-18;
"3 Non-disclosure of documents necessary for monitoring the activity of the agent.
"Art.L. 222-20.-A penalty of two years imprisonment and a fine of € 30 000 the pursuit activity defined in Article L. 222-7:
" 1 ° without having obtained a license from a sports agent or in disregard of a decision suspending or revoking such license;
"2 Or in violation of the second paragraph of Article L. Articles L. 222-5 or 222-9 to L. 222-17.
"The amount of the fine may be increased beyond € 30 000 to double the amount improperly collected in violation of items 1 and 2 of this article.
"Art.L. 222-21.-The penalties provided for in Article L. 222-20 may be accompanied by a temporary or permanent ban from exercising the activity of a sports agent.
"Art.L. 222-22.-The arrangements for implementing Articles L. 222-7, L. 222-8 and L. L. 222-15 222-19 are defined by decree in Conseil d'Etat. "
Article L. 561-2 of the Monetary and Financial Code is supplemented by a 16 ° read: "16 ° sports agents. "
the first paragraph of Article L. 141-4 of the Code of Sport after the word "licensed," are inserted the words "sports agents,".
I. - Licenses granted to legal persons shall lapse as of the publication of the decree mentioned in Article L. 222-22.
II. - A sports agent license is issued by the federation delegate authority to individuals who pass the examination of sports agent on behalf of a corporation.
In Article L. 131-19 of the Code of Sport, before the reference: "L. 311-2, "are inserted references: 'L. 222-7, L. 222-11, L. 222-15, L. 222-16, L. 222-18, L. 222-19, ".
This Act shall be enforced as State law.
Yann Gre - Lawyer, All rights reserved. www.yanngre.com 
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