Section 436.227

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2021, 2 histories   

  436.227.  Application procedure, contents — reciprocity, requirements — director to issue certificate, when, duties. — 1.  An applicant for registration shall submit an application for registration to the director in a form prescribed by the director.  The application shall be in the name of an individual and signed by the applicant under penalty of perjury and shall state or contain at least the following:

  (1)  The name, date of birth, and place of birth of the applicant;

  (2)  The address and telephone numbers of the applicant's principal place of business;

  (3)  The applicant's mobile telephone numbers and any means of communicating electronically, including a facsimile number, email address, and personal, business, or employer websites, as applicable;

  (4)  The name of the applicant's business or employer, if applicable, including for each business or employer, the mailing address, telephone number, organization form, and the nature of the business;

  (5)  Each social media account with which the applicant or the applicant's business or employer is affiliated;

  (6)  Any business or occupation engaged in by the applicant for the five years preceding the date of submission of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time;

  (7)  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's activities as an athlete agent;

  (8)  The name of each student athlete for whom the applicant acted as an athlete agent during the five years preceding the date of submission of the application or, if the student athlete is a minor, the name of the parent or guardian of the minor, together with the student athlete's sport and last known team;

  (9)  The names and addresses of all persons who are:

  (a)  With respect to the athlete agent's business if it is not a corporation, the partners, officers, managers, associates, or profit-sharers, or persons who directly or indirectly hold an equity interest of five percent or greater; and

  (b)  With respect to a corporation employing the applicant, the officers, directors, and any shareholder of the corporation with a five percent or greater interest;

  (10)  A description of the status of any application by the applicant, or any person named under subdivision (9) of this subsection, for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license;

  (11)  Whether the applicant or any other person named under subdivision (9) of this subsection has pled guilty to or been found guilty of a crime that if committed in this state would be a felony or other crime involving moral turpitude, and information regarding the crime, including the crime, the law enforcement agency involved, and, if applicable, the date of the verdict and the penalty imposed;

  (12)  Whether, within fifteen years before the date of application, the applicant or any person named under subdivision (9) of this subsection has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding;

  (13)  Whether the applicant or any person named under subdivision (9) of this subsection has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, that is not current on the date of the application;

  (14)  Whether, within ten years before the date of application, the applicant or any person named under subdivision (9) of this subsection was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;

  (15)  Whether there has been any administrative or judicial determination that the applicant or any other person named under subdivision (9) of this subsection has made a false, misleading, deceptive, or fraudulent representation;

  (16)  Any instance in which the prior conduct of the applicant or any other person named under subdivision (9) of this subsection 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;

  (17)  Any sanction, suspension, or disciplinary action taken against the applicant or any other person named under subdivision (9) of this subsection arising out of occupational or professional conduct;

  (18)  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 other person named under subdivision (9) of this subsection as an athlete agent in any state;

  (19)  Each state in which the applicant is currently registered as an athlete agent or has applied to be registered as an athlete agent;

  (20)  If the applicant is certified or registered by a professional league or players association:

  (a)  The name of the league or association;

  (b)  The date of certification or registration, and the date of expiration of the certification or registration, if any; and

  (c)  If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of the certification or registration or any reprimand or censure related to the certification or registration; and

  (21)  Any additional information as required by the director.

  2.  In lieu of submitting the application and information required under subsection 1 of this section, an applicant who is registered as an athlete agent in another state may apply for registration as an athlete agent by submitting the following:

  (1)  A copy of the application for registration in the other state;

  (2)  A statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and

  (3)  A copy of the certificate of registration from the other state.

  3.  The director shall issue a certificate of registration to an applicant who applies for registration under subsection 2 of this section if the director determines:

  (1)  The application and registration requirements of the other state are substantially similar to or more restrictive than the requirements provided under sections 436.215 to 436.272; and

  (2)  The registration has not been revoked or suspended and no action involving the applicant's conduct as an athlete agent is pending against the applicant or the applicant's registration in any state.

  4.  For purposes of implementing subsection 3 of this section, the director shall:

  (1)  Cooperate with national organizations concerned with athlete agent issues and agencies in other states that register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than sections 436.215 to 436.272; and

  (2)  Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

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(L. 2004 S.B. 1122, A.L. 2021 H.B. 273)