CHAPTER 2. ATHLETE AGENT REGISTRATION
IC 25-5.2-2
Chapter 2. Athlete Agent Registration
IC 25-5.2-2-1
Service of process
Sec. 1. (a) By acting as an athlete agent in Indiana, a nonresidentindividual appoints the attorney general as the individual's agent forservice of process in any civil action in Indiana related to theindividual's acting as an athlete agent in Indiana.
(b) The attorney general may issue subpoenas for any materialthat is relevant to the administration of this article.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-2
Certificate of registration
Sec. 2. (a) Except as otherwise provided in subsection (b), anindividual may not act as an athlete agent in Indiana without holdinga certificate of registration under section 4 or 6 of this chapter.
(b) Before being issued a certificate of registration, an individualmay act as an athlete agent in Indiana for all purposes except signingan agency contract, if:
(1) a student athlete or another person acting on behalf of thestudent athlete initiates contact with the individual; and
(2) within seven (7) days after an initial act as an athlete agent,the individual submits an application for registration as anathlete agent in Indiana.
(c) An agency contract resulting from conduct in violation of thissection is void and the athlete agent shall return any considerationreceived under the contract.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-3
Application for registration; agents licensed in other states
Sec. 3. (a) An applicant for registration shall submit anapplication for registration to the attorney general in a formprescribed by the attorney general. An application filed under thissection is a public record under IC 5-14-3. The application must bein the name of an individual and, except as otherwise provided insubsection (b), signed or otherwise authenticated by the applicantunder penalty of perjury and contain the following information:
(1) The name of the applicant and the address of the applicant'sprincipal place of business.
(2) The name of the applicant's business or employer, ifapplicable.
(3) Any business or occupation engaged in by the applicant forthe five (5) years immediately preceding the date of submissionof the application.
(4) A description of the applicant's:
(A) formal training as an athlete agent;
(B) practical experience as an athlete agent; and (C) educational background relating to the applicant'sactivities as an athlete agent.
(5) The names and addresses of three (3) individuals not relatedto the applicant who are willing to serve as references.
(6) The name, sport, and last known team for each individualfor whom the applicant acted as an athlete agent during the five(5) years immediately preceding the date of submission of theapplication.
(7) The names and addresses of all persons who are:
(A) with respect to the athlete agent's business if it is not acorporation, the partners, members, officers, managers,associates, or profit sharers of the business; and
(B) with respect to a corporation employing the athleteagent, the officers, directors, and any shareholder of thecorporation having an interest of five percent (5%) orgreater.
(8) Whether the applicant or any person named in subdivision(7) has been convicted of a crime that, if committed in Indiana,would be a crime involving moral turpitude or a felony, andidentify the crime.
(9) Whether there has been any administrative or judicialdetermination that the applicant or any person named insubdivision (7) has made a false, misleading, deceptive, orfraudulent representation.
(10) A description of any instance in which the conduct of theapplicant or any person named in subdivision (7) resulted in theimposition of a sanction, suspension, or declaration ofineligibility to participate in an interscholastic or intercollegiateathletic event on a student athlete or educational institution.
(11) A description of any sanction, suspension, or disciplinaryaction taken against the applicant or any person named insubdivision (7) arising out of occupational or professionalconduct.
(12) Whether there has been any denial of an application for,suspension or revocation of, or refusal to renew the registrationor licensure of the applicant or any person named in subdivision(7) as an athlete agent in any state.
(b) An individual who has submitted an application for and holdsa certificate of registration or licensure as an athlete agent in anotherstate may submit a copy of the application and certificate instead ofsubmitting an application in the form prescribed under subsection(a). The attorney general shall accept the application and thecertificate from the other state as an application for registration inIndiana if the application to the other state:
(1) was submitted in the other state within six (6) monthsimmediately preceding the submission of the application inIndiana and the applicant certifies that the informationcontained in the application is current;
(2) contains information substantially similar to or morecomprehensive than that required in an application submitted in
Indiana; and
(3) was signed by the applicant under penalty of perjury.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-4
Issuance of certificate of registration; renewal of registration
Sec. 4. (a) Except as otherwise provided in subsection (b), theattorney general shall issue a certificate of registration to anindividual who complies with the requirements of section 3(a) of thischapter or whose application has been accepted under section 3(b) ofthis chapter.
(b) The attorney general may refuse to issue a certificate ofregistration if the attorney general determines that the applicant hasengaged in conduct that has a significant adverse effect on theapplicant's fitness to act as an athlete agent. In making thedetermination, the attorney general may consider whether any of thefollowing apply to the applicant:
(1) The applicant has been convicted of a crime that, ifcommitted in Indiana, would be a crime involving moralturpitude or a felony.
(2) The applicant made a materially false, misleading,deceptive, or fraudulent representation in the application or asan athlete agent.
(3) The applicant has engaged in conduct that would disqualifythe applicant from serving in a fiduciary capacity.
(4) The applicant has engaged in conduct prohibited by section12 of this chapter.
(5) The applicant has had a registration or a license as an athleteagent suspended, revoked, or denied or been refused renewal ofa registration or a license as an athlete agent in any state.
(6) The applicant has engaged in conduct the consequences ofwhich were that a sanction, suspension, or declaration ofineligibility to participate in an interscholastic or intercollegiateathletic event was imposed on a student athlete or educationalinstitution.
(7) The applicant has engaged in conduct that significantlyadversely reflects on the applicant's credibility, honesty, orintegrity.
(c) In making a determination under subsection (b), the attorneygeneral shall consider the following:
(1) How recently the conduct occurred.
(2) The nature of the conduct and the context in which itoccurred.
(3) Any other relevant conduct of the applicant.
(d) An athlete agent may apply to renew a registration bysubmitting an application for renewal in a form prescribed by theattorney general. An application filed under this subsection is apublic record under IC 5-14-3. The application for renewal must besigned by the applicant under penalty of perjury and must containcurrent information on all matters required by section 3(a) of this
chapter for an original registration.
(e) An individual who has submitted an application for renewal ofa registration or a license in another state, instead of submitting anapplication for renewal in the form prescribed under subsection (d),may file a copy of the application for renewal and a valid certificateof registration or a valid license from the other state. The attorneygeneral shall accept the application for renewal from the other stateas an application for renewal in Indiana if the application to the otherstate:
(1) was submitted in the other state within six (6) monthsimmediately preceding the filing in Indiana and the applicantcertifies that the information contained in the application forrenewal is current;
(2) contains information substantially similar to or morecomprehensive than that required in an application for renewalsubmitted in Indiana; and
(3) was signed by the applicant under penalty of perjury.
(f) A certificate of registration or a renewal of a registration isvalid for two (2) years.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-5
Suspension, revocation, or refusal to renew certificate ofregistration
Sec. 5. (a) The attorney general may suspend, revoke, or refuse torenew a certificate of registration for conduct that would havejustified denial of registration under section 4(b) of this chapter.
(b) The attorney general may deny, suspend, revoke, or refuse torenew a certificate of registration only after proper notice and anopportunity for a hearing under IC 4-21.5.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-6
Temporary certificate of registration
Sec. 6. The attorney general may issue a temporary certificate ofregistration while an application for registration or renewal ofregistration is pending.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-7
Fee for renewal of registration
Sec. 7. A fee established by the attorney general in accordancewith IC 25-1-8-2 must accompany an application for registration orrenewal of registration.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-8
Agency contracts
Sec. 8. (a) An agency contract must be in a record, signed orotherwise authenticated by the parties. (b) An agency contract must contain the following:
(1) The amount and method of calculating the consideration tobe paid by the student athlete for services to be provided by theathlete agent under the contract and any other consideration theathlete agent has received or will receive from any other sourcefor entering into the contract or for providing the services.
(2) The name of any person not listed in the application forregistration or renewal of registration who will be compensatedbecause the student athlete signed the agency contract.
(3) A description of any expenses that the student athlete agreesto reimburse.
(4) A description of the services to be provided to the studentathlete.
(5) The duration of the contract.
(6) The date of execution.
(c) An agency contract must contain, in close proximity to thesignature of the student athlete, a conspicuous notice in boldface typein capital letters stating:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETEAS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, BOTH YOUAND YOUR ATHLETE AGENT MUST GIVE TO YOURATHLETIC DIRECTOR THE TEN (10) DAY NOTICEREQUIRED BY IC 25-5.2-2-9 AND IC 35-46-4-4 BEFOREEXECUTING THIS CONTRACT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHINFOURTEEN (14) DAYS AFTER SIGNING IT.CANCELLATION OF THIS CONTRACT MAY NOTREINSTATE YOUR ELIGIBILITY.
(d) An agency contract that does not conform to this section isvoidable by the student athlete. If a student athlete voids an agencycontract, the student athlete is not required to pay any considerationunder the contract or to return any consideration received from theathlete agent to induce the student athlete to enter into the contract.
(e) The athlete agent shall give a record of the signed or otherwiseauthenticated agency contract to the student athlete at the time ofexecution.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-9
Agency contracts; student athletes
Sec. 9. (a) At least ten (10) days before a student athlete entersinto an agency contract, the athlete agent shall give in a record thenotice required by IC 35-46-4-4 of the existence of the contract to theathletic director of the educational institution at which the studentathlete is enrolled or the athlete agent has reasonable grounds tobelieve the student athlete intends to enroll.
(b) At least ten (10) days before entering into an agency contract,
the student athlete shall inform the athletic director of theeducational institution at which the student athlete is enrolled orintends to enroll that the student athlete intends to enter into anagency contract.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-10
Cancellation of agency contract by student athlete
Sec. 10. (a) A student athlete may cancel an agency contract bygiving notice of the cancellation to the athlete agent in a recordwithin fourteen (14) days after the contract is signed.
(b) A student athlete may not waive the right to cancel an agencycontract.
(c) If a student athlete cancels an agency contract, the studentathlete is not required to pay any consideration under the contract orto return any consideration received from the athlete agent to inducethe student athlete to enter into the contract.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-11
Retention of records by athlete agents
Sec. 11. (a) An athlete agent shall retain the following records fora period of five (5) years:
(1) The name and address of each individual represented by theathlete agent.
(2) A copy of any agency contract entered into by the athleteagent.
(3) A record of any direct costs incurred by the athlete agent inthe recruitment or solicitation of a student athlete to enter intoan agency contract.
(b) Records required by subsection (a) to be retained are open toinspection by the attorney general during normal business hours.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-12
Misconduct by athlete agent
Sec. 12. (a) An athlete agent who, with the intent to induce astudent athlete to enter into an agency contract:
(1) gives any materially false or misleading information ormakes a materially false promise or representation;
(2) furnishes anything of value to a student athlete before thestudent athlete enters into the agency contract; or
(3) furnishes anything of value to any individual other than thestudent athlete or another registered athlete agent;
commits a Class D felony.
(b) An athlete agent who intentionally:
(1) initiates contact with a student athlete unless registeredunder this article;
(2) refuses or fails to retain or permit inspection of the recordsrequired to be retained by section 11 of this chapter; (3) fails to register when required by section 2 of this chapter;
(4) provides materially false or misleading information in anapplication for registration or renewal of registration;
(5) predates or postdates an agency contract; or
(6) fails to notify a student athlete before the student athletesigns or otherwise authenticates an agency contract for aparticular sport that the signing or authentication may make thestudent athlete ineligible to participate as a student athlete inthat sport;
commits a Class D felony.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-13
Rights of action
Sec. 13. (a) An educational institution has a right of action againstan athlete agent or a former student athlete for damages caused by aviolation of this article. In an action under this section, the court mayaward to the prevailing party costs and reasonable attorney's fees.
(b) Damages of an educational institution under subsection (a)include losses and expenses incurred because, as a result of theconduct of an athlete agent or former student athlete, the educationalinstitution was injured by a violation of this article or was penalized,disqualified, or suspended from participation in athletics by anational association for the promotion and regulation of athletics, byan athletic conference, or by reasonable self-imposed disciplinaryaction taken to mitigate sanctions likely to be imposed by such anorganization.
(c) A right of action under this section does not accrue until theeducational institution discovers or by the exercise of reasonablediligence would have discovered the violation by the athlete agent orformer student athlete.
(d) Any liability of the athlete agent or the former student athleteunder this section is several and not joint.
(e) This article does not restrict rights, remedies, or defenses ofany person under law or equity.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-14
Violations and penalties
Sec. 14. (a) A person who violates this article is subject to a civilpenalty not to exceed twenty-five thousand dollars ($25,000) foreach violation, as determined by the court. All civil penaltiesrecovered under this chapter shall be deposited in the state generalfund.
(b) In addition to the civil penalty imposed under subsection (a),the attorney general may restrict, suspend, or revoke a certificate ofregistration of an athlete agent for violation of this article.
(c) The attorney general may institute and conduct an action in thename of the state of Indiana for any of the following:
(1) An injunction in any circuit or superior court of Indiana for
injunctive relief to restrain a person from continuing anyactivity that violates this article.
(2) The assessment and recovery of the civil penalty providedin subsection (a).
(d) The attorney general may present any evidence of a crimeunder section 12 of this chapter to any prosecuting attorney forinitiation of criminal proceedings against the offender. The attorneygeneral shall cooperate with the prosecuting attorney in theprosecution of the offense.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-15
Uniform act
Sec. 15. In applying and construing this uniform act, considerationmust be given to the need to promote uniformity of the law withrespect to its subject matter among the states that enact it.
As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-16
Electronic records or signatures
Sec. 16. The provisions of this article governing the legal effect,validity, or enforceability of electronic records or signatures, and ofcontracts formed or performed with the use of such records orsignatures conform to the requirements of Section 102 of theElectronic Signatures in Global and National Commerce Act, Pub.L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, andlimit the Electronic Signatures in Global and National CommerceAct.
As added by P.L.54-2001, SEC.5.