16 Dec 2016 09:41:18
Alright ed, any truth in the Simo rumours with torino?
I'm not suprised they are looking at him again as he's sailed through games but I'd be suprised if we were to deal with torino again after the last fiasco.

Also the fee seems to still be 3.5m, does he have a release clause?

{Ed007's Note - This is a horribly complex area not least because they are written under individual national laws.

The "buy out" clause is legally binding between a club and a player. The "buy out" is effectively what it says - a means for the player to buy himself out of the contract. As an example, if a player wishes to buy himself out of a contract, he pays the applicable FA (on behalf of the club) the amount of the "buy out" clause effectively becoming a free agent. The problem is that in most cases a player would need to obtain that money from the buying club - and this is fraught with issues regarding "tapping up" and, of course, taxation as it can be seen as income for the player and would therefore be subject to income tax. There was a test case about the taxation issue in Spain about three years ago. So "buy out" clauses are very rare.

A "release clause" is far more common in that it gives a figure that the club would accept for the sale of a player to another club - but it is not legally binding except where both parties are in the same country (for the sake of argument I should say that Spain and Portugal count as the same country as do England and Wales) for legal purposes. These are normally unreasonably high figures (Messi at Barcelona for example) introduced to act as a deterrent for hostile bids - and even then the club could easily block a move. However, if a club does agree to match a release clause then the selling club would be obliged to ask the player if he is interested - there is no obligation on the player to make a move. For interested clubs outside of the country the selling club may use it as a guide but are under obligation to accept a bid.

There is then the becoming popular "termination clause" which is binding between the player and the club and if met would see an offer from anywhere accepted and the player given the opportunity to make a call on a move. This overcomes the issues associated with "buy out" clauses as the money would be paid by one club to another.

So to break it down, if Jozo has a £3.5 milion release clause it can only be triggered by a club under the SFA umbrella, the only country where it is legally binding.}


1.) 16 Dec 2016
16 Dec 2016 14:27:08
Thanks Ed and apologies I got inpatient and posted twice.

I hope he stays personally but if he doesn't want to then goodbye.

{Ed007's Note - No worries mate, I was just working through all the waiting posts on a come as they appear basis.}