Solidarity Contribution (TMS claims)
Texto da decisão
Dispute Resolution Chamber
Date: 09 February 2026
Sent to:
Respondent:
Tigres de la U.A.N.L.
NOTIFICATION OF THE GROUNDS OF THE DECISION
SOLIDARITY CONTRIBUTION FOR THE TRANSFER
OF THE PLAYER YEFERSON JULIO SOTELDO MARTINEZ
TMS Ref. Nr. 15081
Dear Sirs,
Please find attached the grounds of the decision passed in the aforementioned
matter.
We kindly invite you to take note of this decision.
We remain at your disposal.
Yours faithfully,
FIFA
Copy for information (VIA EMAIL):
Federación Mexicana de Fútbol Asociación
CONCACAF
Fédération Internationale de Football Association
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
[email protected] Tel: +41 43/222 7777
REF TMS 15081
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 16 January 2025
regarding solidarity contribution for the transfer of the player
YEFERSON JULIO SOTELDO MARTINEZ
BY:
Mr. Frans de Weger (the Netherlands), Chairman
CLAIMANT:
ZAMORA F.C., Venezuela
RESPONDENT:
Tigres de la U.A.N.L., Mexico
INTERVENING PARTY:
Toronto FC, Canada
Page 2 of 15
REF TMS 15081
I. FACTS OF THE CASE
Player:
YEFERSON JULIO SOTELDO MARTINEZ
Date of birth:
3 June 1997
Player passports:
- issued by the Federación Venezolana de Fútbol (FVF):
Year
Birthday
Club(s)
Registration dates
Status
th
2011
14
Caracas FC
01/01/11
31/07/11
Amateur
2012
th
15
2013
Acad. M. Portuguesa
01/06/12
31/12/12
Amateur
th
16
Caracas FC
01/01/13
31/07/13
Amateur
16
th
Caracas FC
01/08/13
31/12/13
Professional
2014
17
Caracas FC
01/01/14
31/12/14
Professional
2015
18
Caracas FC
01/01/15
31/12/15
Professional
2016
19
Caracas FC
01/01/16
22/12/16
Professional
th
th
th
Date of transfer:
On 31 January 2022 the player transferred from Toronto F.C.
(Canada) to Tigres da la U.A.N.L. (Mexico)
Financial conditions :
-
USD 550,000.00 due on 1 March 2022;
-
USD 550,000.00 due on 1 March 2023;
-
USD 500,000.00 due on 1 March 2024;
-
USD 700,000.00 due on 1 March 2025;
-
20% sell-on if activated prior to 15 February 2023;
-
10% sell-on if activated between 16 February 2023 and 15 February 2024:
o
-
Sell-on due 30 days after triggering; and
Distribution of solidarity contribution contractually attributed to former club.
On 11 August 2022, the player went to Santos
SP for:
USD 500,000.00 bonus for reaching Libertadores
USD 250,000.00 bonus for reaching Sudamericana
USD 1,000,000.00 due on 30 September 2023;
USD 1,000,000.00 due on 31 January 2024;
USD 1,000,000.00 due on 30 September 2024;
USD 1,000,000.00 due on 31 January 2025; and
Page 3 of 15
REF TMS 15081
50% sell-on.
o
On 9 June 2025, the player went to Fluminense
RJ for:
USD 500,000.00 due on 20 June 2025;
USD 500,000.00 due on 20 July 2025;
USD 375,000.00 due on 20 August 2025;
USD 1,375,000.00 due on 30 December 2025;
USD 1,375,000.00 due on 30 July 2026; and
USD 1,375,000.00 due on 30 December 2026.
Claimant club:
ZAMORA F.C., Venezuela
Respondent club:
Tigres de la U.A.N.L.
Intervening party :
Toronto FC
Claim and response :
1.
On 8 May 2025, the Claimant lodged the present claim and requested the Respondent
be ordered to pay 1.99% of solidarity contribution deriving from the amounts paid by
the Respondent to the Intervening party plus 5% interest p.a. as from the due dates of
payment.
2.
The Claimant focuses its request on the:
a. third and fourth instalments of the fixed fee agreed between Respondent and
Intervening party, i.e. USD 500.000.00 due on 1 March 2024; and USD
700,000.00 due on 1 March 2025.
b. 10% sell-
SP;
c. 10% sell-on on the 50% sell-on agreed between Santos
and
SP and Fluminese RJ;
d. alleged player exchange involving Carlos Salcedo.
3.
Regarding the latter, the Claimant emphasized that news articles state that
4.
Moreover, it states that, according to online sources, the market value of Carlos Salcedo
at the time of the alleged exchange of players was EUR 1,200,000.00, which should be
added to the fee paid by the Respondent to the Intervening party.
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REF TMS 15081
5.
The Respondent replied that the Intervening party would be the one contractually
responsible to distribute the solidarity contribution entitlement.
6.
In addition, the Respondent argued that the payment of the third and fourth transfer
fee instalments were conditioned to be player remaining employed by the latter at the
Tigres agrees to pay MLS a sum of
date for payment .
7.
The Respondent states that, with the permanent move of the player to Santos SP in
July 2023, it never paid the fourth and fifth fixed fee instalments to the Intervening party.
8.
The Respondent continues by saying that Santos SP paid the first fixed fee instalment
in time, resulting on the Respondent paying to the Intervening party its 10% sell-on over
it, but Santos SP failed to make the subsequent payments.
9.
To receive its transfer fee, the Respondent argued it had to file a claim against Santos
SP.
10.
The FPSD decision nr. 14502, determined Santos SP should pay to the Respondent USD
1,000,000.00 plus 5% p.a. as from 11 March 2024, and USD 2,000,000.00 as outstanding
remuneration.
11.
The Respondent informs FIFA it came to an agreement with Santos SP and waived its
entitlement over the 2nd, 3rd and 4th instalments against the transfer of Joaquim
Henrique Pereira Silva from Santos SP to the Respondent.
12.
The Respondent states that the move of Carlos Salcedo from the latter to the Intervening
party had nothing to do with the registration of the player as two different and not
connected transfer agreements were celebrated.
13.
The Claimant states that the third and fourth fixed fee instalments agreed between the
Intervening party and the Respondent are not conditioned to the player staying with the
latter, and solidarity contribution is due over them.
14.
The Claimant adds that it is entitled to receive solidarity contribution over the sell-on
regarding the USD 250,000.00 bonus for the qualifying of Santos SP to the 2023
Sudamericana.
15.
As this bonus was triggered during the loan period, i.e. prior to February 2023, the
Claimant understands that the 20% sell-on by the Respondent to the Intervening party
is applied over this bonus.
Page 5 of 15
REF TMS 15081
16.
The Claimant emphasizes that the Respondent waived the receipt of USD 3,000,000.00
from Santos - SP, regarding 2nd to 4th fixed fee instalments, against the transfer of
Joaquim Henrique Pereira Silva
17.
The Claimant is of the opinion that the move of Joaquim Henrique Pereira Silva is
equivalent to USD 3,000,000.00 as this is the amount the Respondent waived against this
transfer.
18.
The Claimant reinforces that a player exchange involving the player and Carlos Salcedo
the calculation of solidarity contribution.
19.
The Respondent revisited its previous arguments on final allegations.
20.
The Intervening party stated it never received from the Respondent the third and fourth
transfer fee instalments as the transfer agreement conditioned this payment to the
player being registered with the Respondent.
21.
The Intervening party is of the opinion that if the Claimant receives solidarity
contribution over the sell-on, that it would have received the same entitlement multiple
times, from Santos SP, or Fluminense RJ, and from the Respondent, which should not
be permitted.
22.
In conclusion, the Intervening party stated having received from the Respondent:
a. 1st and 2nd fixed fee instalments in the amount of USD 550,000.00 each and over
which the Claimant acknowledges it received its solidarity contribution
entitlement prior to this claim;
b. no payment over 3rd and 4th instalments of the fixed fee as they were
contractually conditioned to the player being employed by the Respondent at
the due date of payment;
c. 20% sell-on over USD 250,000.00 Sudamericana bonus triggered by Santos - SP;
and
d. 10% sell-on over USD 4,000,000.00 originally agreed between Respondent and
Santos SP.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): July 2022
edition
the Dispute Resolution Chamber (Procedural Rules): March 2023 edition
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REF TMS 15081
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
1.
The Claimant is requesting the payment of its portion of solidarity contribution on the
transfer fee of reference, which it considered to be equal to 1.99% of solidarity
contribution.
2.
22 December 2016, from the calendar year of his 16th until the one of his 19th birthday.
3.
Consequently, and in accordance with Article 21 and Annex 5 RSTP, the Claimant is
entitled to receive 1.99% of solidarity contribution.
4.
The transfer agreement celebrated between the Respondent and the Intervening party
determines the following amounts being due as fixed fee:
a. USD 1,100,000.00 due until 1 Marh 2023, over which the Claimant confirms
having received solidarity contribution prior to the filing of this claim;
b. USD 500,000.00 due on 1 March 2024; and
c. USD 700,000.00 due on 1 March 2025.
5.
2. In consideration of the YS (i.e. Yeferson Soteld) Transfer,
payable as follows, subject to the satisfaction of the Employment Condition (as defined below)
on each re
Player remaining employed by Tigres on the relevant due date of payment. For the avoidance
of doubt, the Employment Condition shall be deemed satisfied should the Player be
temporarily transferred from Tigres to another football club on the relevant due date for
payment
6.
Regarding the above, the Claimant understands that the third and fourth fixed fee
instalments are due, or were paid, and the Respondent and Intervening party are of the
opinion that they did not fulfil the requirement of the player being employed by the
Respondent and, consequently, were not paid.
7.
The Single Judge verifies that Respondent, Intervening Party and Claimant confirm the
second fixed fee instalment was paid, as well as solidarity contribution over it, even if
the player had been loaned to Santos SP in 2022, i.e. before the due date of payment.
8.
the Employment
Condition shall be deemed satisfied should the Player be temporarily transferred from
Page 7 of 15
REF TMS 15081
Tigres
to the Intervening party, and solidarity contribution over it, follows the contractual
stipulation between Respondent and Intervening party.
9.
The player permanently moved to Santos
the third and fourth instalments.
SP in July 2023, i.e. prior to the due date of
10.
Consequently, the Single Judge decides that the Claimant is not entitled to receive
solidarity contribution over the third and fourth instalments of the fixed fee, as they
were never paid by the Respondent to the Intervening party, in accordance the
contractual determination agreed between the parties.
11.
exchange between the Respondent and the Intervening party, the Single Judge analyses
the pieces of evidence provided by the parties.
12.
Article 13, paragraph 5 Procedural Rules determine that a party that asserts a fact has
the burden of proving it.
13.
The Claimant argues the Respondent and Intervening party agreed on an exchange of
players based on the simultaneous moves of Carlos Salcedo and the player between the
two.
14.
market value, as shown on online sources, be considered as a fee paid by the
Respondent to the Intervening party and that such amount be taken into account in the
calcu
15.
The Respondent and the Intervening party are of the opinion that an exchange of players
did not take place as separate transfer agreements and different conditions were
celebrated and neither makes reference to the other player.
16.
While the player moved to the Respondent against a fee, Carlos Salcedo left the latter
free of payment.
17.
The Single Judge acknowledges there may be a connection between the transfers above.
18.
However, based on Article 13, paragraph 5 Procedural Rules, it was the responsibility of
the Claimant providing proper evidence accompanied by an objective calculation
method and not an unspecific market value basis obtained from an online source.
19.
The Single Judge refers to previous cases before the DRC in which:
Page 8 of 15
REF TMS 15081
a. the value of an insurance policy hired by a club to its player was in line with the
17630.); and
b. previous transfer fees paid for the players concerned during their careers for
some indication of the value attributed to their services by a club at a given
moment in time (DRC decision of 7 June 2018, no. 06181269; DRC decision of 17
August 2012, no. 812019 / CAS 2016/A/4821, Stoke City FC v. Pepsi Football
Academy).
20.
The Single Judge determines that the Claimant is not entitled to receive solidarity
contribution over the third and fourth fixed fee instalments and the alleged player
exchange.
21.
The Single Judge now focuses on the sell-on agreed between the Respondent and
Intervening party.
22.
The DRC has with consistency considered that the sell-on fee forms part of the transfer
sell-on is considered to be a conditional variable fee, and as such solidarity contribution
rules shall be applied to it.
23.
Consequently, the arguments of the Respondent and Intervening party regarding the
Claimant not being entitled to receive solidarity contribution over it are dismissed.
24.
It is undisputed and confirmed by the Intervening party that the Respondent paid to it:
a. 20% sell-on over the USD 250,000.00 Sudamericana bonus; and
b. 10% sell-on over the USD 1,000,000.00 first instalment of the buy-option.
25.
The Intervening party textually confirms having received these amounts on 22 December
2023.
26.
The Claimant on its turn does not precise when the Sudamericana bonus would have
been paid.
27.
Regarding the Sudamericana bonus paid by Santos - SP to the Respondent and reflected
-on, over which the Claimant requests solidarity
contribution, the Single Judge determines that interest should apply as from the date of
notification of the findings, as it was the responsibility of the Claimant precising a date
of payment and it did not.
28.
Consequently, the Claimant is entitled to receive, over the 20% sell-on triggered with the
USD 250,000.00 Sudamericana bonus, the entitlement of USD 995.00 (i.e. USD 250,000
bonus x 20% sell-on x 1.99% solidarity contribution) plus 5% interest p.a. as from the
date of issuance of the findings.
Page 9 of 15
REF TMS 15081
29.
Regarding the first instalment of the buy-option paid by Santos - SP to the Respondent,
in the amount of USD 1,000,000.00, its due date was 30 September 2023.
30.
As buy option was exercised by Santos FC after February 2023, the 10% sell-on agreed
between the Respondent and Intervening party, became due 30 days after this
triggering, i.e. on 30 October 2023.
31.
contribution entitlement over it in accordance with Annex 5 RSTP.
32.
Consequently, the Claimant is entitled to receive as training reward USD 1,990.00 (USD
1,000,000.00 fixed fee from Santos SP x 10% sell-on x 1.99% solidarity contribution)
plus 5% interest p.a. as from 1 December 2023.
33.
Regarding the 2nd, 3rd and 4th instalments of the buy-option that were to be paid by
Santos - SP to the Respondent, the latter informed FIFA it filed a claim against the debtor,
via FPSD-14502, which resulted on the ordering of the payment of the USD 3,000,000.00
pending fixed fee.
34.
The Respondent later informed it waived the USD 3,000,000.00 debt of Santos SP
conditioned to the transfer of Joaquim Henrique Pereira Silva from Santos SP to the
Respondent.
35.
The Intervening party confirmed having received from the Respondent USD 300,000.00,
i.e. 10% of USD 3, 000,000.00 on 3 September 2025.
36.
The Single Judge considers there is enough evidence to determine that the move of the
player Joaquim Henrique Pereira Silva substituted the USD 3,000,000.00 outstanding
payment from Santos SP to the Respondent and, consequently, the Claimant is entitled
to receive its training reward over it as follows, USD 5,970.00 (USD 3,000,000.00 fixed fee
from Santos x 10% sell-on x 1.99% solidarity contribution) plus 5% interest p.a. as from
30 days after the receipt of the sell-on by the Intervening party, i.e. on 4 October 2025.
37.
Finally, the player moved from the Respondent to Santos SP against a 50% sell-on
- RJ on 9 June 2025.
38.
Santos
a.
b.
c.
d.
e.
f.
SP and Fluminense
RJ agreed on the payment of:
USD 500,000.00 due on 20 June 2025;
USD 500,000.00 due on 20 July 2025;
USD 375,000.00 due on 20 August 2025;
USD 1,375,000.00 due on 30 December 2025;
USD 1,375,000.00 due on 30 July 2026; and
USD 1,375,000.00 due on 30 December 2026.
Page 10 of 15
REF TMS 15081
39.
Consequently, the following 50% sell-on became payable by Santos
Respondent:
a. USD 250,000.00 due on 20 July 2025;
b. USD 250,000.00 due on 20 August 2025;
c. USD 187,500.00 due on 20 September 2025; and
d. USD 687,500.00 due on 30 January 2026.
40.
As a result, the Respondent must pay additionally to the Intervening party a 10% sellon
of:
a. USD 25,000.00 due on 20 August 2025;
b. USD 25,000.00 due on 20 September 2025;
c. USD 18,750.00 due on 20 October 2025; and
d. USD 68,750.00 due on 2 March 2026.
41.
Finally, the Claimant is entitled to receive as 1.99% solidarity contribution over the above
amounts:
a. USD 497.50 plus 5% interest p.a. as from 20 September 2025;
b. USD 497.50 plus 5% interest p.a. as from 20 October 2025; and
c. USD 373.12 plus 5% interest p.a. as from 20 November 2025.
42.
Respondent and Intervening party contractually agreed on entirely shifting to the latter
the responsibility to pay solidarity contribution.
43.
For procedural efficiency, the Single Judge determines the Respondent is to pay the
solidarity contribution to the Claimant and the Intervening party should reimburse those
following the relevant proofs of payment.
44.
The Claimant requested to receive a total amount of USD 61,025.64, by applying its
solidarity contribution entitlement over:
a. the third and fourth fixed fee instalments agreed between Respondent and
former club;
b. alleged player swap value; and
c. Sell-on.
45.
The Single Judge determines the Respondent is to pay the Claimant as solidarity
contribution the amount of USD 10,323.12 as follows:
a.
b.
c.
d.
e.
f.
SP to the
the amount of USD 1,990.00 plus 5% interest p.a. as from 1 December 2023.
the amount USD 497.50 plus 5% interest p.a. as from 20 September 2025;
the amount of USD 5,970.00 plus 5% interest p.a. as 4 October 2025;
the amount USD 497.50 plus 5% interest p.a. as from 20 October 2025;
the amount of USD 373.12 plus 5% interest p.a. as from 20 November 2025; and
the amount of USD 995.00 plus 5% interest p.a. as from the date of issuance of
the findings until the date of effective payment.
Page 11 of 15
REF TMS 15081
.
46.
47.
Procedural costs in the maximum amount of USD 25,000.00 may be levied for decisions
passed by the subcommittee of the DRC in disputes related to solidarity contribution (cf.
art. 18 par. 1 of the Procedural Rules).
48.
Procedural costs are set at USD 10,000.00 and are to be paid as follows:
a. the amount of USD 3,500.00 shall be paid by the Claimant;
b. the amount of USD 3,500.00 shall be paid by the Respondent; and
c. the amount of USD 3,000.00 shall be paid by the Intervening party.
23.
Art. 24bis RSTP applies.
Page 12 of 15
REF TMS 15081
III. DECISION
1. The claim of the Claimant, ZAMORA F.C., is partially accepted.
2. The Respondent, Tigres de la U.A.N.L., has to pay to the Claimant the amount of
USD 10,323.12 as solidarity contribution as follows:
a. USD 1,990.00 plus 5% interest p.a. as from 1 December 2023;
b. USD 497.50 plus 5% interest p.a. as from 20 September 2025;
c. USD 5,970.00 plus 5% interest p.a. as 4 October 2025;
d. USD 497.50 plus 5% interest p.a. as from 20 October 2025;
e. USD 373.12 plus 5% interest p.a. as from 20 November 2025; and
f. USD 995.00 plus 5% interest p.a. as from 16 January 2026 until the effective
date of payment.
3. Any further claim of the Claimant is rejected.
4. Full payment (including all applicable interest) shall be made to the bank account
indicated in the enclosed Bank Account Registration Form.
5. The Respondent shall provide evidence of full payment to [email protected].
If applicable, the evidence shall be translated into an official FIFA language
(English, French or Spanish).
6. The Intervening Party, Toronto FC, shall reimburse to the Respondent, after the
7. The Respondent shall immediately inform the Intervening party of the bank
account to which the Intervening party must pay the due amount.
8. The Intervening Party shall provide evidence of full payment to
[email protected]. If applicable, the evidence shall be translated into an
official FIFA language (English, French or Spanish).
9. Pursuant to article 24 of the Regulations on the Status and Transfer of Players if
full payment (including all applicable interest) is not paid within 45 days of
notification of this decision, the following consequences shall apply:
1. The Respondent or the Intervening Party shall be banned from registering
any new players, either nationally or internationally, up until the due amount
is paid. The maximum duration of the ban shall be of three entire and
consecutive registration periods.
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REF TMS 15081
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary
Committee in the event that full payment (including all applicable interest) is
still not paid by the end of the of the three entire and consecutive
registration periods.
10.The consequences shall only be enforced at the request of the Claimant or the
Respondent in accordance with article 24 paragraphs 7 and 8 and article 25 of the
Regulations on the Status and Transfer of Players.
11.The final costs of the proceedings in the amount of USD 10,000.00 are to be paid
to FIFA reference to case no. TMS 15081 (cf. note relating to the payment of the
procedural costs below) as follows:
a. the amount of USD 3,500.00 shall be paid by the Claimant;
b. the amount of USD 3,500.00 shall be paid by the Respondent; and
c. the amount of USD 3,000.00 shall be paid by the Intervening Party.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 58 paragraph 1 of the FIFA Statutes, this decision may be appealed before
the Court of Arbitration for Sport within 21 days of notification.
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REF TMS 15081
NOTE RELATED TO PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf. article 20 of the Procedural Rules).
CONTACT INFORMATION:
Fédération Internationale de Football Association
Fédération International de Football Association - Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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