The legal functions and responsibilities of the sport agent

Abstract

This thesis is aimed primarily at analysing the extant legislation, both local and foreign, relating to the regulation of the Sports Agent. This thesis starts off with Chapter one defining what a Sports Agent is, who can be a Sports Agent and what the role of a Sports Agent entails. It goes on to outlining the duties, at law, of each and every Sports Agent, where references to our civil and commercial codes were made. This chapter also attempts to put forward those legal functions and responsibilities which every Sports Agent has, by consulting different sources and analysing why certain responsibilities and/or functions are considered to be so vital to the Sports Agent in carrying out his tasks. Chapter two goes into the juridical nature of a Sports Agent. Reference to our national law, mainly the Civil Code Chapter 16 of the Laws of Malta and the Commercial Code Chapter 12 of the Laws of Malta was made. This chapter focuses on the current position under Maltese law and argues that since nationally there is no ad hoc law regulating Sports Agents’, one has to base himself on general legal provisions and principles. This chapter goes further to analyse how a Sports Agent is different from a commercial agent and what he is expect to do during the carrying out of his activities. It also tackles the issues of fiduciary duties and obligations and the Regulations which are applied by the sports federations and the issues resulting therefrom. Chapter three goes into the law of America to outline what is currently in place in their states regarding regulation of Sports Agents, for us to get an idea as to how, we in Malta - can come up with a specific law or sports federations’ regulations to help control Sports Agents active in Malta. Chapter four analyses the current situation in the European Union and a very important study carried out by the Commission was taken into consideration in order to see whether Sports Agents who are active within the European Union are regulated in any way, and if they are not whether they should be regulated. The current situations in Malta and Italy where also taken into consideration and the regulations regulating Sports Agents were analysed and compared. Chapter five goes into the Maltese system to see what can be done to improve controls regarding the Sports Agents’ operating in Malta and to conclude as to whether it is the duty of the state, the Malta Olympic Committee or the individual sports federations to take the responsibility to regulate the Sports Agents’ profession. It would be ideal that in order to cater for the foreseen increase of the Sports Agents activity in Malta, it is suggested that some sort of action does take place. The ideal situation would be for the state to enact specific laws in the Sports Act and the Malta Olympic Committee with the help of representative from KMS should be the institute who makes sure that the Sports Federations abide by these laws in order to help regulate the Sports Agents’ activities – after all it is in the Sports Federations’ interest to protect their athletes. The Malta Olympic Committee should cater to have one single register which will have the names of all those Sports Agents active in Malta thus making it easier to keep checks and controls of Sports Agents under strict controls.