Athlete Agents
An athlete agent is an individual who:
- Enters into an agency contract with a student-athlete;
- Solicits or recruits a student-athlete to enter an agency contract; or
- Holds himself or herself out to the public as an athlete agent.
A student-athlete is anyone who engages in; is eligible to engage in; or may be eligible in the future to engage in any intercollegiate sport. This includes college students, high school students, high school dropouts, or high school graduates who delay enrollment in a college.
An agency contract is a legal agreement between a student-athlete and an agent. It authorizes the agent to negotiate contracts for the student-athlete or solicit, on behalf of the student-athlete, a professional sports services contract or an endorsement contract.
You can find the Uniform Athlete Agents Act in Article 9 of Chapter 78C of the North Carolina General Statutes.
If you act as an agent in North Carolina, you must register with the North Carolina Department of the Secretary of State unless you are exempt.
- The student-athlete's spouse, parent, sibling, or guardian; or
- One acting only on behalf of a professional sports team or organization; or
- A licensed NC attorney, who is a resident of NC, represents no more than two student-athletes, and you do not advertise or claim you are qualified to represent student-athletes.
To register, complete the Athlete Agent Application (PDF) and return it to the Athlete Agent Registration Office at one of the addresses below. Your application must be approved before you may act as an athlete agent.
To submit application by regular mail:
NC Department of the Secretary of State
Securities Division
Athlete Agent Registration Office
PO Box 29622
Raleigh, NC 27626-0622
To submit application by courier or overnight mail:
NC Department of the Secretary of State
Securities Division
Athlete Agent Registration Office
2 S. Salisbury Street
Raleigh, NC 27601-2903
To register, complete the application and return it to the Athlete Agent Registration Office at one of the addresses below. Your application must be approved before you may act as an athlete agent. To register, download the Athlete Agent Application form (PDF) from our website, complete and mail it with payment to the address on the form. You may overnight it to us at NC Department of the Secretary of State, Securities Division, Athlete Agent Registration Office, 2 S. Salisbury Street, Raleigh, NC 27601-2903. You may also request the form by calling the Securities division at 919-814-5500 or email at [email protected].
We accept personal check (no starter check), money order or a cashier's check. We do not accept credit cards. Make sure your check is payable to the NC Department of the Secretary of State. There is a $35.00 fee for any returned check.
No.
No.
Yes, you do have to register again in North Carolina. However, you may not have to fill out a new application form. Details may be found at N.C.G.S. § 78C-94.
Yes, a certificate of registration is only valid for one year from the date issued. You must re-register before the end of that year in order to continue acting as an athlete agent.
If a student-athlete becomes ineligible to play a specific sport in high school or college, he/she is not considered a student-athlete for that sport. For example, if a student-athlete plays both high school basketball and football, and then signs a contract to play professional basketball, the student is no longer considered a student-athlete in basketball. The student would still be considered a student-athlete in football.
Yes, but the exception is very narrow and temporary. You may act temporarily as an agent if the student-athlete or someone else initiates contact with you. You must register as an athlete agent within seven days of your first act as an agent. You must never sign an agency contract with the student-athlete without being registered. Doing so automatically voids the agency contract and the athlete agent must return anything received under it.
No.
Yes, An athlete agent must give written notice to the athletic director of any school the student-athlete attends or may attend.
The athlete agent has to give notice before the student-athlete's next scheduled athletic event or within 72 hours after the student-athlete signs a contract, whichever comes first.
Yes. A student-athlete must give written notice to the athletic directors of any school they attend or may attend.
The student-athlete has to give notice before the student-athlete's next scheduled athletic event or within 72 hours after the student-athlete signs a contract, whichever comes first.
Yes, see N.C.G.S. § 78C-94
Yes. Student-athletes can cancel a contract by giving the agent written notice within 14 days of signing the contract. Student-athletes who cancel their contracts are not required to repay any consideration they received from the athlete agent. A student-athlete cannot waive the right to cancel agency contracts.
Yes, records must be maintained for five years and an athlete agent must produce them to our office if asked. Agents must maintain records of the following.
- Names and addresses of all student-athletes represented;
- All agency contracts; and
- All direct costs to the athlete agent for soliciting the student-athlete to sign an agency contract.
In order to get a student-athlete to sign an agency contract, an athlete agent:
- Cannot lie to or mislead the student-athlete;
- Cannot give anything of value to the student-athlete before the student-athlete signs the agency contract; and
- Cannot give anything of value to anyone other than the student-athlete or another registered athlete agent.
Yes.
Yes. The court may award costs and reasonable attorneys’ fees to the prevailing party.
- You cannot solicit a student-athlete until after you register.
- You cannot solicit a student-athlete after your registration expires, unless you re-register.
- You must tell a student-athlete that signing the agency contract ends the student-athlete's eligibility in that sport.
- You must date an agency contract on the day that the contract is actually signed.
- You cannot lie or mislead on your application for registration.
- You cannot violate any provision of the North Carolina Uniform Athlete Agents Act.