Today’s professional football involves not only passion and spectacle, but also complex contracts and considerable financial transactions. To ensure sporting integrity, protect players, and prevent speculation, FIFA has established strict rules, particularly through Articles 18 bis and 18 ter of the Regulations on the Status and Transfer of Players (May 2023).
Below, we explore both articles in detail, supported by graphics and practical examples to better understand their scope.
Article 18 bis: Influence of third parties on clubs
What does it prohibit?
This article expressly prohibits a club from signing contracts that allow another club or third parties to influence essential decisions, such as sports policy, player rosters, future transfers, or the club’s internal management.
Practical example
✅ Allowed:
Club A sells a player to Club B without imposing any additional clauses that condition future sales, rosters, or strategies.
❌ Prohibited:
Club A sells a player to Club B, but stipulates that he must start at least 70% of the matches.
Why is this important?
The goal is to protect the club’s independence and autonomy and prevent any distortion of competition. If a club allows a third party to influence its decisions, it risks compromising transparency and a level playing field in sport.
Sanctions
FIFA, through its Disciplinary Committee, can impose severe sanctions on offending clubs: fines, restrictions on future transfers, or even a ban on registering new players.
Article 18ter: Third-Party Ownership of Players’ Economic Rights
What does it regulate?
Article 18ter focuses on the prohibition of third-party participation in players’ economic rights, a practice known as Third-Party Ownership (TPO).
Before its prohibition, it was common for investors or investment funds to finance player signings, taking a percentage of the value of future transfers.
Infographic: Evolution of TPO
Before 2015: Common in South America and some European leagues.
January 1 – April 30, 2015: Contracts with a maximum duration of one year were accepted.
Since May 1, 2015: Complete ban on new TPO contracts.
Old Contracts
Contracts signed before May 1, 2015, remain valid until their original expiration date, but cannot be extended or renewed.
Practical Example
✅ Permitted:
A club signs a player and retains 100% of his economic rights, freely deciding his sporting future.
❌ Prohibited:
An investment fund finances the signing of a player and retains 30% of the value of his future sale to another club.
Mandatory Registration in the TMS
All existing TPO contracts were required to be registered in the Transfer Matching System (TMS) by May 2015, including annexes and details of the third party involved. This ensures transparency and facilitates FIFA’s oversight.
Comparative graph: 18 bis vs 18 ter
| Aspect | Article 18 bis | Article 18 ter |
| Main objective | External influence on club decisions | Economic participation of third parties in transfers |
| Prohibition since | Always | May 1, 2015 |
| Prohibited example: | Clauses that oblige players to align | Transferring a percentage of future sales to an investor |
| Sanctions | Fines, sports restrictions | Fines, suspension of rights, disciplinary sanctions |
Benefits of these measures
✔ Protection of the integrity of competitions: Avoiding manipulated sporting results or strategic decisions dictated by external interests.
✔ Greater legal certainty for players and clubs: Contracts are clearer and free from external pressure.
✔ Confidence in the transfer market: Clubs are solely responsible for the economic rights of the players they sign.
✔ Sustainable development: Clubs are incentivized to invest in player development rather than relying on external investors.
Conclusion
Articles 18 bis and 18 ter are key elements in FIFA’s strategy to ensure more transparent and fair football. These articles are based on universal ethical and sporting principles, prioritizing the independence of clubs and the protection of players.
With the prohibition of third-party influence and the TPO, a healthier transfer market is fostered, where the focus is on talent rather than external economic interests.