Daniel Geey Football capabilities document
Below are some of the issues that I have either advised on in the past or have written at length about.
1. TAKEOVER ISSUES
I have drafted due diligence checklists and given substantive advice to ensure that anyone wishing to invest in a football club does not fall foul of the relevant football rules. Such advice has included for example:
; the Owners and Directors test;
; parachute payments and the football creditors rule;
; disclosure obligations to the relevant football authority;
; television revenue distribution;
; conflicts of interest ensuring no director, owner or person connected with such people
have any direct or indirect stake/influence in another football club; and
; third party player ownership contracts.
2. OWNERS AND DIRECTORS TEST (ODT)
I have given specific advice on the ODT rules relating to entities wishing to invest in football clubs. The rules relate to any director, owner or controller of a football club and the steps that would have to be taken to ensure compliance with the relevant football regulations. These rules usually include insolvency, bankruptcy, conflict of interest and criminal conviction issues.
3. ONGOING FOOTBALL CLUB OWNERSHIP ISSUES
I have given advice and written on shareholders ongoing obligations. Such topics include football regulations obliging shareholders to disclose holdings over a certain percentage (as per the new Premier League rules), wage cap issues and the disclosure of agents fees. 4. UEFA FINANCIAL FAIR PLAY REGULATIONS
I have provided advice to Premier League and Football League clubs in relation to the general principles of the rules and how they may affect the future planning of football clubs.
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I have also written a number of articles on the topic and spoken at length at a number of conferences and seminars on the implications of the new rules.
5. FREE MOVEMENT OF WORKERS FIFA, UEFA, FL & PL REGULATIONS
I am currently advising a client in relation to his rights to play football in an EU Member State. I have written extensively and given talks on UEFA’s ‘home-grown player’ rule and FIFA’s
proposed 6+5 regulation. Whilst the UEFA rule has been in operation for some time, both UEFA’s rules and FIFA’s planned changes have the potential to have major effects on a clubs’
transfer policy. Indeed the home-grown players rule is in place for all Football League clubs and the Premier League will introduce the rules in time for the 2010-11 season. 6. CLUB OWNERSHIP STRUCTURES
I have advised on foreign fan based ownership structures, including corporate structures, democratic voting issues, board and president election characteristics and the likelihood of such structures being used in other European Member State countries.
7. THIRD PARTY PLAYER OWNERSHIP
I have advised on issues relating to the non-club ownership of the economic value of a football player. After the Tevez affair the Premier League, Football League and the Football Association have drafted new regulations to counter what they perceive to be the growing threat to football.
8. COMPETITION LAW AND BROADCASTING
I have advised rights holders on the implications of a number of national and European cases, specifically in relation to exclusive broadcasting rights.
I have written extensively on:
; the European Commission and its commitments procedure with the Premier League
over the way it sells its broadcasting rights throughout Europe;
; Ofcom and its various consultations into the pay-tv, and specifically live football,
; listed events and which sports events carry such national importance that they should
be reserved for only terrestrial broadcasters to beam to the widest audiences; and
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; the pub broadcasting cases which have the consequences to radically overhaul the way
rights holders sell their European-wide television rights.
9. ON THE BALL
I am the editor of a football publication called On the Ball. Below are the latest three magazines:
I have given lectures at:
; Birkbeck, Nottingham, Liverpool and Birmingham Universities; and
; Various sports law conferences on third party ownership, the UEFA Financial Fair
Play Regulations and football broadcasting issues; and
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