Legislation
SECTION 899-D
Registration as athlete agent; form; requirements
General Business (GBS) CHAPTER 20, ARTICLE 39-E
§ 899-d. Registration as athlete agent; form; requirements. 1. An
applicant for registration shall submit an application therefor to the
secretary of state in such form as shall be prescribed by the secretary
of state. An application filed pursuant to this section shall be a
public record. The application shall be in the name of an individual
and, except as otherwise provided in subdivision two of this section,
signed or otherwise authenticated by the applicant under penalty of
perjury, and state or contain:
(a) the name of the applicant and the address of the applicant's
principal place of business;
(b) the name of the applicant's business or employer, if applicable;
(c) any business or occupation engaged in by the applicant for the
five years next preceding the date of submission of the application;
(d) a description of the applicant's: (i) formal training as an
athlete agent; (ii) practical experience as an athlete agent; and (iii)
educational background relating to the applicant's activities as an
athlete agent;
(e) the names and addresses of three individuals not related to the
applicant who are willing to serve as references;
(f) the name, sport and last known team for each individual for whom
the applicant acted as an athlete agent during the five years next
preceding the date of submission of the application;
(g) the names and addresses of all persons who are: (i) with respect
to the athlete agent's business if it is not a corporation, the
partners, members, officers, managers, associates or profit-sharers
having an interest of five percent or greater of the business; and (ii)
with respect to a corporation employing the athlete agent, the officers,
directors and any shareholder of the corporation having an interest of
five percent or greater;
(h) whether the applicant or any person named pursuant to paragraph
(g) of this subdivision has been convicted of a crime that, if committed
in this state, would be a crime involving moral turpitude or a felony,
and identify the crime;
(i) whether there has been any administrative or judicial
determination that the applicant or any person named pursuant to
paragraph (g) of this subdivision has made a false, misleading,
deceptive or fraudulent representation;
(j) any instance in which the conduct of the applicant or any person
named pursuant to paragraph (g) of this subdivision resulted in the
imposition of a sanction, suspension or declaration of ineligibility to
participate in an interscholastic or intercollegiate athletic event on a
student-athlete or educational institution;
(k) any sanction, suspension or disciplinary action taken against the
applicant or any person named pursuant to paragraph (g) of this
subdivision by a governmental or quasi-governmental licensing entity or
adjudicatory process arising out of occupational or professional
conduct; and
(l) whether there has been any denial of an application for,
suspension or revocation of, or refusal to renew the registration or
licensure of the applicant or any person named pursuant to paragraph (g)
of this subdivision as an athlete agent in any state.
2. An individual who has submitted an application for, and holds a
certificate of, registration or licensure as an athlete agent in another
state, may submit a copy of the application and certificate in lieu of
submitting an application in the form prescribed pursuant to subdivision
one of this section. The secretary of state shall accept the application
and the certificate from the other state as an application for
registration in this state if the application to the other state:
(a) was submitted in the other state within six months next preceding
the submission of the application in this state and the applicant
certifies that the information contained in the application is current;
(b) contains information substantially similar to or more
comprehensive than that required in an application submitted in this
state; and
(c) was signed by the applicant under penalty of perjury.
applicant for registration shall submit an application therefor to the
secretary of state in such form as shall be prescribed by the secretary
of state. An application filed pursuant to this section shall be a
public record. The application shall be in the name of an individual
and, except as otherwise provided in subdivision two of this section,
signed or otherwise authenticated by the applicant under penalty of
perjury, and state or contain:
(a) the name of the applicant and the address of the applicant's
principal place of business;
(b) the name of the applicant's business or employer, if applicable;
(c) any business or occupation engaged in by the applicant for the
five years next preceding the date of submission of the application;
(d) a description of the applicant's: (i) formal training as an
athlete agent; (ii) practical experience as an athlete agent; and (iii)
educational background relating to the applicant's activities as an
athlete agent;
(e) the names and addresses of three individuals not related to the
applicant who are willing to serve as references;
(f) the name, sport and last known team for each individual for whom
the applicant acted as an athlete agent during the five years next
preceding the date of submission of the application;
(g) the names and addresses of all persons who are: (i) with respect
to the athlete agent's business if it is not a corporation, the
partners, members, officers, managers, associates or profit-sharers
having an interest of five percent or greater of the business; and (ii)
with respect to a corporation employing the athlete agent, the officers,
directors and any shareholder of the corporation having an interest of
five percent or greater;
(h) whether the applicant or any person named pursuant to paragraph
(g) of this subdivision has been convicted of a crime that, if committed
in this state, would be a crime involving moral turpitude or a felony,
and identify the crime;
(i) whether there has been any administrative or judicial
determination that the applicant or any person named pursuant to
paragraph (g) of this subdivision has made a false, misleading,
deceptive or fraudulent representation;
(j) any instance in which the conduct of the applicant or any person
named pursuant to paragraph (g) of this subdivision resulted in the
imposition of a sanction, suspension or declaration of ineligibility to
participate in an interscholastic or intercollegiate athletic event on a
student-athlete or educational institution;
(k) any sanction, suspension or disciplinary action taken against the
applicant or any person named pursuant to paragraph (g) of this
subdivision by a governmental or quasi-governmental licensing entity or
adjudicatory process arising out of occupational or professional
conduct; and
(l) whether there has been any denial of an application for,
suspension or revocation of, or refusal to renew the registration or
licensure of the applicant or any person named pursuant to paragraph (g)
of this subdivision as an athlete agent in any state.
2. An individual who has submitted an application for, and holds a
certificate of, registration or licensure as an athlete agent in another
state, may submit a copy of the application and certificate in lieu of
submitting an application in the form prescribed pursuant to subdivision
one of this section. The secretary of state shall accept the application
and the certificate from the other state as an application for
registration in this state if the application to the other state:
(a) was submitted in the other state within six months next preceding
the submission of the application in this state and the applicant
certifies that the information contained in the application is current;
(b) contains information substantially similar to or more
comprehensive than that required in an application submitted in this
state; and
(c) was signed by the applicant under penalty of perjury.