Legal assistance
A club runs on volunteers, but the rules do not
A lawyer for sports clubs deals with one recurring situation: most Belgian sports clubs are a non-profit association. The board is made up of volunteers, but the obligations resting on the club are the same as for a company. The Companies and Associations Code sets out the content of the articles of association, the tax authorities treat the club as a legal person, and the federation ties participation in the competition to a licence. A director who overlooks this can be held personally liable.
Everest Sports Law advises clubs from the amateur leagues to professional football. We draft articles of association and regulations, handle licence applications, draw up player contracts, and defend the club when a player, a sponsor or the federation starts proceedings. We work from Ghent, Brussels, Antwerp and Hasselt.
What you can come to us for
These are the matters that come up most often for clubs.
Legal form, articles of association and governance
Every association had to bring its articles of association in line with the new Code. The deadline for this was 1 January 2024. We rewrite your articles of association, set out the powers of the board, and publish the amendment correctly. See also our page on company law.
The UBO register
An association must register its ultimate beneficial owners and keep that information up to date. For a sports club, these are the directors. Anyone who fails to register risks an administrative fine. We handle the filing and keep it up to date.
Taxation
A non-profit association is, as a rule, subject to the tax on legal entities and not to corporation tax. That distinction depends on what the club actually does, not on what its articles of association say. We review your operations and assist in discussions with the tax authorities. See also tax law.
Licences
No licence, no competition. The licence for 1A and 1B sets requirements for the accounts, the youth programme and the infrastructure. We put together the file and lodge an appeal if it is refused. See our page on licences and licence disputes.
Player contracts and transfers
We draft contracts that hold up, and provide contract and transfer guidance on the club’s side. This also covers the training compensation you receive or owe, and the question of whether third party ownership is permitted in your case.
Liability
A club is liable for its players, its coaches and its facilities. Liability in sport follows the ordinary rules, but case law takes into account the risk inherent to sport. We review your insurance and defend you against a claim. See also liability law.
Data protection
A club processes membership lists, medical data and images. The GDPR applies in full, even to an association run by volunteers. We draw up the register of processing activities and write your privacy statement. See our page on GDPR and data protection.
Integrity and match-fixing
A club facing match-fixing is confronted with disciplinary proceedings and possibly a criminal investigation. The Macolin Convention obliges the authorities to prosecute. We assist with the internal investigation and the defence.
What a lawyer for sports clubs does before a problem grows
Most work a lawyer for sports clubs does is preventive. A club that has its articles, its register and its contracts in order rarely ends up in a procedure.
The articles come first
the Code on companies and associations sets what the articles of a non-profit association must contain and what the board may decide on its own. Articles that were written under the old law leave the board exposed on exactly the points where it matters.
A board member is not anonymous
Directors are named in the UBO register and that entry has to stay current. A change of board that is not filed is an administrative fine waiting to be issued, and it is the club that pays it.
Write the player contract before the season
A contract drawn up in the week the competition starts is a contract nobody read. The training compensation, the notice period and the transfer clause are all easier to agree in June than in January.