I'm sorry if what I wrote caused confusion earlier and just want to clear things up. I will also try to explain about those €40M, based on what Barcelona told us yesterday
The €40M
Barcelona explained the €40M was an indemnity clause to N&N: the point was that N&N would guarantee that once Neymar's contract with Santos ended (2014) he would be a free agent (note: N&N has a written agreement with Neymar which gives them rights over him - I don't have details about the exact nature of those rights though). If any of the two parties broke that agreement (namely, if Neymar signed with ANY club before his Santos deal ran out) the €40M would have to be paid to the other party.
What does it mean? My understanding is, Barcelona saw a chance to get Neymar for cheap (i.e. in 2014 he would have been a free agent, and we all knew Neymar's original intent was to stay at Santos until then). But they also anticipated that other clubs would try to sign Neymar before 2014 so they have signed this agreement as an additional, costly hurdle: if Neymar had signed with another team before 2014, N&N would have had to pay €40M to Barcelona. In reality, that means the club buying Neymar would have had to pay €40M to N&N in addition to all the regular fees (transfer fees, bonuses, salary) so that N&N could pay the penalty back to Barcelona
But as we now know, some of the bigger clubs were willing to pay that extra money (and if the documents that surfaced yesterday are to be believed, RM were willing to pay N&N an extra 50% on the €40M, i.e. €60M), and Barcelona was made aware of this. So they decided to make their move and get Neymar to transfer to Barcelona. It means it was Barcelona who ended up breaking the agreement with N&N (remember, the agreement was about keeping Neymar a free agent - and N&N had so far kept their end of the bargain), so they had to pay penalty clause to them (i.e. €40M)
The question could be: isn't this agreement shady and just a way to pay N&N money? Well, based on what we know, I would say it actually holds....just A judge could question the fact whether the agreement was made in good faith (i.e. if both parties intended to see it through until 2014) or if in reality, Barcelona always anticipated that they would have to break the contract and get Neymar before 2014, i.e. they always intended to pay N&N the €40M. There's also the question of what FIFA could make of that kind of indemnity clause (which ressambles a pre-singing agreement): from what FIFA just said, it's really in a grey area (i.e. borderline but not really unlawful either)
To be fair to Barcelona though, I could see how this agreement made sense and could have been made in good faith: €40M was a sum big enough to make other clubs think twice before trying to sign him, but, anticipating that they could get away with paying little to Santos, not so big that they couldn't afford it themselves in case they were pushed by the interest of other clubs to get Neymar to transfer to Barcelona before he became a free agent. In addition, that agreement meant that in case Neymar had chosen to go to another club, Barcelona would have received €40M for nothing - not exactly a poor result.....
Sorry this explanation is so long - but it is, definitely, an unusual structure (I've certainly never worked on anything like that - but then again, it is true that Neymar is an unusual player, both because of the interest he generated and the marketing prize he is, but also because he decided to stay with Santos for much longer than anyone in Europe had anticipated)
Regarding the questions raised by S7_MUFC
- So Neymar just made €40M?
No, the money went to a company (N&N) which belongs to his parents and in which he has no shares. You could say it went to his parents, but there's a distinction to be made. It's not money that they have pocketed themselves. They can't go to the company and just take some of that money and go buy whatever they want with it - while I am not familiar with corporate law in Brazil, it's pretty reasonable to anticipate that such a move would be illegal. You can, in theory, find ways to get money out of a company for yourself legally, if you own it, but it can quickly get complicated and it may be more costly than it's worth. Otherwise, the company will have to use the money according to its status. Most likely, based on what is known of N&N, this money will go in investments (real estate, funds, etc). As shareholders, the parents will earn a share of whatever profits these investments will make
- Will Santos get the €40M back via N&N
I know I've written something about that and I'm sorry if it created confusion.
I don't think Santos will get the €40M from N&N. But I think it is possible some (i.e. a little part) of that money will end up with Santos over time because N&N and Santos have historically dealings with each other. Let's not forget that Santos had been worried Neymar would leave for abroad long before they could even give him a salary. So one of the things they did to keep him there was to give his father a job, and even offices, and the relationship grew from there. In particular, Neymar father has a scouting company which is affiliated with Santos (so btw, that part of the fee some here found strange actually makes sense)
Again, my apologizes for making it so long, but I thought it could help clear things up a little for everyone. If anything, it was a complicated deal and the amount of information, true or false, flying around in recent days didn't help