Who is an athlete agent?
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.
Who is a student-athlete?
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.
What is an agency contract?
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.
Where can I find a list of North Carolina registered athlete agents?
The current list of registered athlete agents is available on our website.
Where can I find the law governing the regulation of athlete agents?
You can find the Uniform Athlete Agents Act in Article 9 of Chapter 78C of the North Carolina General Statutes.
Who must register as an athlete agent?
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.
Who is exempt from the registration requirements?
- 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.
How do I register as an athlete agent?
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 submit application by regular mail:
NC Department of the Secretary of State
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
Athlete Agent Registration Office
2 S. Salisbury Street
Raleigh, NC 27601-2903
Where can I get a registration form?
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 application form 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 Registrar Mary Wilson at (919) 814-5556 or emailing her at firstname.lastname@example.org.
What forms of payment can I use?
We accept checks (except starter checks), money orders and cash. We do not accept credit cards. Please make sure your check is payable to the NC Department of the Secretary of State. There is a $25.00 fee for any returned check.
Do I need a surety bond to register?
May a business entity register as an athlete agent?
I registered as an athlete agent in another state. Do I have to register again in North Carolina?
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.
Will I need to re-register each year?
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.
What if a student-athlete becomes ineligible to play a sport?
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.
May I act as an athlete agent in North Carolina without registering?
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.
Does an athlete agent need to file a copy of the agency contract with the Department of the Secretary of State?
Do athlete agents have to tell anybody that their clients have signed contracts?
Yes, An athlete agent must give written notice to the athletic director of any school the student-athlete attends or may attend.
When does the athlete agent have to give the notice?
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.
Do student-athletes have to tell anybody that they have signed contracts?
Yes. A student-athlete must give written notice to the athletic directors of any school they attend or may attend.
When does the student-athlete have to give the notice?
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.
Does the agency contract have to be in a specific format?
Yes, see N.C.G.S. § 78C-94
Can student-athletes cancel an agency contract?
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.
Does an athlete agent have to keep any records?
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.
Are there things an athlete agent cannot do?
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.
Can the Secretary of State fine an agent for violating the Uniform Athlete Agents Act?
Can a college sue an athlete agent for damages caused by a violation of the Uniform Athlete Agents Act?
Yes. The court may award costs and reasonable attorneys’ fees to the prevailing party.
I am an athlete agent. What else do I need to know?
- 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.