Sports corporate lawyer
The right legal structure for your sports organisation
Almost every sports organisation in Belgium sits inside a corporate structure. A club starts as a non-profit association, the professional arm moves into a company, and a federation often runs both at the same time. The Belgian Code of Companies and Associations decides who votes, who signs and who carries the liability. Sport adds a second layer on top: the federation statutes, the licence regulations and the rules of UEFA, FIFA or the National Olympic Committee. The two layers do not always agree.
We act for clubs, federations, investors and directors on incorporation, restructuring and disputes. We draft statutes and shareholder agreements, defend directors in liability claims and prepare licence files. We also run international matters ourselves: a foreign takeover of a Belgian club, a multi-club ownership structure, or proceedings before the CAS in Lausanne.
What a sports corporate lawyer does
From the deed of incorporation to the deadlock in the general meeting.
Incorporation and choice of vehicle
We assess whether a non-profit association, a private limited company or a public limited company fits your project, and how to combine two vehicles when the amateur side and the professional side must stay apart. We draft the deed and the statutes.
Statutes and internal rules
We write statutes that hold up in practice: composition of the board, admission and expulsion of members, quorum and majorities. The internal rules carry everything that does not belong in the statutes but still has to bind players and coaches.
Director liability
A club director carries personal exposure: manifestly gross fault, unpaid social security contributions and the decision to keep a loss-making operation running. We advise on directors and officers insurance before the problem arrives, and we defend directors when a receiver or a member sues.
Shareholder and board disputes
When an investor and the founding shareholders reach deadlock, the fight is about voting rights, blocking minorities and the forced transfer or withdrawal of a shareholder. We negotiate first. If that fails, we litigate before the enterprise court.
Licensing conditions
The Pro League, the Belgian FA and UEFA tie participation to going-concern tests, transparency on the ownership structure and payment of wages, social security and debts on time. We build the licence file and defend it before the licensing commission and the Belgian Court of Arbitration for Sport.
Good governance for federations
Federations have to open up their boards: independent directors, limited terms of office, an integrity policy and an internal appeal body. We test the statutes against the decree conditions for recognition and public funding, and against the rules of the international federation.
How a file runs
Who decides
Changes to the statutes and board appointments go to the general meeting and, for companies, to a notary. Company disputes go to the enterprise court. Licence disputes go to the licensing commission, then to the Belgian Court of Arbitration for Sport, and internationally to the CAS in Lausanne.
Deadlines
Sports deadlines are short. An appeal to the Belgian Court of Arbitration for Sport often runs within a few days of notification, and an appeal to the CAS within twenty one days. Notice for a general meeting follows the statutes, usually fifteen days.
What to do first
Collect the consolidated statutes, the last annual accounts, the minutes of the board and of the general meeting, and the share or member register. Call us before you vote or sign anything. Undoing a resolution costs more than checking it beforehand.
Frequently asked questions
Non-profit, private company or public company: which vehicle fits our club?
That depends on what you do. Many clubs run a non-profit association for the sporting side and a company for the commercial activity. That split only works where the two entities genuinely stay apart: their own accounts, their own board and arm’s length arrangements between them. Without that separation the advantage falls away at the first inspection.
Am I personally liable as an unpaid director?
You carry exposure even unpaid. A director is liable for a manifestly unreasonable decision and for failing to meet statutory obligations. Unpaid social security contributions and keeping a loss-making operation running are the classic cases. Current statutes, minutes of every meeting and directors and officers insurance limit that risk.
Which deadlines apply to a general meeting and to an appeal?
Notice for a general meeting follows the statutes, usually fifteen days. Sports deadlines are shorter: an appeal to the Belgian Court of Arbitration for Sport often runs within a few days of notification, and an appeal to the CAS within twenty one days.
An investor wants to come in. What do we settle in advance?
Above all what happens on disagreement. Fix a transfer mechanism, a valuation method and a way out for the minority. Settle as well who decides on the coach, the budget and the sale of players. Without those arrangements every conflict ends in proceedings about the value of the shares.
What does the governing body require of our board?
For federations: independent directors, limited terms of office, an integrity policy and an internal appeal body. For clubs, the Pro League, the Belgian FA and UEFA tie participation to going-concern tests, transparency on the ownership structure and payment of wages, social security and debts on time.
Sports we handle this domain in
Football ↗
Everest Sports Law is your football lawyer in Belgium for clubs
Cycling ↗
Everest Sports Law is your cycling lawyer in Belgium for riders
Hockey ↗
A hockey lawyer in Belgium for players, clubs and federations: contracts, transfers
Athletics ↗
Everest Sports Law is your athletics lawyer in Belgium for selection, doping
Volleyball ↗
A volleyball lawyer in Belgium for players, coaches and clubs: contracts, transfers
Golf ↗
A golf lawyer in Belgium for players, clubs and organisers: management contracts