Free athagent_filing.p65 - Iowa

MICHAEL A. MAURO Secretary of State State of Iowa
Complete the following (please type or print):
This application represents
First Time Application

Application for Certificate of Registration/Renewal as an Athlete Agent

Annual Renewal

1. Name of Applicant: _____________________________________________________________

2. If Applicant is a foreign corporation:
The name of the State of Incorporation ____________________________________________ Is the corporation authorized to do business in Iowa: ____Yes ____ No.

3. Address & phone number of applicant's principal place of business:
________________________________________________ Phone ( ) _________________

4. Name and address of the attorney who is a resident of Iowa and is registered as an athlete agent, with whom the applicant has entered into an agreement pursuant to Iowa Code Chapter 9A: (Attach copy of agreement to application.) _______________________________________________________________________________

5. If the applicant is a corporation, this information shall be provided for each individual employed by
applicant to act as its representative in the state of Iowa. Copies of this section may be made and attached to the application.

5a. Name & Address (if other than #1 & #3 above) ____________________________________________________
______________________________________________________________________________

5b. Educational background, training, and experience qualifying the applicant as an athlete agent:
School or Business Name Location From (mo./yr.) To (mo./yr.)

Education

Training

Experience

(Attach additional sheets if necessary)

Rev. 06/03

5c. Business or occupation engaged in for the five years immediately preceding the date of application:
YEAR _____ _____ _____ _____ _____ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________

5d. Record of all felony or misdemeanor arrests, charges and convictions of the applicant (other than
minor traffic offenses such as speeding): CHECK HERE IF NONE:
Felony Arrests/Charges a. b. c.
(Attach additional sheets if necessary)

Location

Date

Disposition

Conviction

Y Y Y

N N N

Misdemeanor Arrests/Charges a. b. c.

Location

Date

Disposition

Conviction

Y Y Y
(Attach additional sheets if necessary)

N N N

6. Names and addresses of all persons, except employees on stated salaries, who have a financial
interest as partners, associates, or profit sharers in the operation of the business of the athlete agent: Name
a. b. c.
(Attach additional sheets if necessary)

Address

7. Record of all felony or misdemeanor charges and convictions (other than minor traffic offenses
such as speeding) of those persons listed in the answer to question #6 as having a financial interest: CHECK HERE IF NONE:
Felony Arrests/Charges a. b. c.
(Attach additional sheets if necessary)

Location

Date

Disposition

Conviction

Y Y Y

N N N

Misdemeanor Arrests/Charges a. b. c.

Location

Date

Disposition

Conviction

Y Y Y
(Attach additional sheets if necessary)

N N N

8. Record of all sanctions issued to or disciplinary actions taken against the applicant, and individual listed in
#4 above, or any student athlete or any institution of higher education in connection with any transaction or occurence involving the athlete agent.
Description of Sanction/Action a. Name of: Representatives, Agent, Athlete, or Institution Date

b.

c.
(Attach additional sheets if necessary)

Filing Information
TERM: The Certificate of Registration expires one year from the date of issuance. A renewal application will be mailed to the athlete agent at the address of the principal place of business approximately 60 days prior to the expiration of the certificate.
BOND: An applicant for a Certificate of Registration as an Athlete Agent must also file a surety bond in the sum of $25,000. The bond must be on a form prescribed by the Secretary of State and written by a company authorized by the Secretary of State to do business in Iowa. SCHEDULE OF FEES: An agent applying for registration must file a schedule of fees collectible from a student athlete who has not previously signed a contract with a professional sports team. The agent may impose charges only in accordance with the fee schedule. Changes may be made, but changes do not become effective until the seventh day after their filing with the secretary of state. CONTRACT APPROVAL: An agent contract to be entered into by a registered athlete agent and a student athlete who has not previously signed a contract with a professional sports team shall be on a form approved by the Secretary of State. The agent contract shall have printed on the face, in bold print: "The athlete agent is registered with the Secretary of State. Registration does not imply approval or endorsement by the Secretary of State of the specific terms and conditions of this contract or competence of the athlete agent. You have the right to terminate this contract within five calendar days after it is signed. You may jeopardize your standing as a student athlete by entering into this contract under the rules for eligibility established by or adhered to by your institution of higher education." Additional information for Nonresident Applicants: CONSENT: All nonresident applicants must complete and file the form "Nonresident Athlete Agent Consent to Service of Process." AGREEMENT WITH IOWA ATTORNEY: An applicant for a Certificate of Registration who is not a resident of Iowa or whose principal place of business is not in Iowa must enter into an agreement with an attorney who is a registered athlete agent and is a resident of Iowa. This agreement shall provide that the resident attorney shall act as attorney in fact. This agreement must be filed with the secretary of state and must include the name and address of the resident athlete agent. NONRESIDENT APPLICANTS WHO ARE CORPORATIONS: Nonresident corporate applicants for registration as athlete agents must file a copy of the resolution of the corporation authorizing the consent to service of process. Corporate applicants must also have obtained a Certificate of Authority to Transact Business in Iowa from the Secretary of State prior to filing this application.
NOTES: 1. The filing fee is $300. Make checks payable to SECRETARY OF STATE 2. The information you provide will be open to public inspection under Iowa Code chapter 22.11.

Return this application and all required documents to: SECRETARY OF STATE Athlete Agent Registration State Capitol, Room 105 Des Moines, IA 50319 Phone: (515) 281-8993 FAX: (515) 242-5952 Website: www.sos.state.ia.us

MICHAEL A. MAURO Secretary of State State of Iowa

IOWA ATHLETE AGENT BOND

This is the bond form prescribed by the Secretary of State pursuant to Iowa Code Chapter 9A, section 6. An application for certificate of registration as an athlete agent must be accompanied by a bond executed on this form.

Paragraph 1. ___________________________ (applicant), as principal, and ___________________________ (bonding company), a corporation duly licensed to transact business in the state of Iowa, as surety, agree that for the benefit of the citizens of the state of Iowa we are bound to the state of Iowa in the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) for the payment of which we bind ourselves jointly and severally in the event that the principal shall fail to comply with the requirements of paragraph 2. Paragraph 2. The principal shall comply in good faith with all the laws of the state of Iowa regulating the conduct of an athlete agent, and will pay all amounts due to any individual or group of individuals when due. The principal shall pay all damages caused to any student athlete or institution of higher education by reason of intentional misstatement, misrepresentation, fraud, deceit or any unlawful or negligent acts or omissions by the registered athlete agent, or the athlete agent's representative or employee while acting within the scope of employment. Paragraph 3. This bond shall remain in full force and effect until canceled by the surety as provided in paragraph 5. The aggregate liability of the surety to all persons for all acts of the principal shall in no event exceed the amount of this bond regardless of the period of time during which it remains in force. Paragraph 4. A condition of this agreement is that the principal applies to the Iowa Secretary of State for a certificate of registration as an athlete agent pursuant to Iowa Code Chapter 9A, and presents this bond to the Secretary of State with an application for certificate of registration. Paragraph 5. This bond may be canceled by the surety by giving written notice to the principal and to the Secretary of State. The notice must state the date of cancellation, which shall not be less than 30 days after receipt of the notice by the Secretary of State. The surety shall remain liable for any and all acts of the principal covered by this bond to the date of cancellation. Paragraph 6. This bond is effective on the _____ day of _________________________ , 20 ______ . Dated this _____ day of ________________________ , 20 ______ .

________________________________________________
Principal

____________________________________________
Surety

State of _________________________ County of _______________________ Subscribed and sworn before me this ________ day of ________________________ , 20 _____ .

State of _________________________ County of _______________________ Subscribed and sworn before me this ________ day of ________________________ , 20 _____ .

________________________________________
Notary Public

________________________________________
Notary Public

My commission expires: ________________________

My commission expires: ________________________

Return to: Secretary of State, State Capitol, Room 105, Des Moines, Iowa 50319

Phone: (515)281-8993
Rev. 05/01

MICHAEL A. MAURO Secretary of State State of Iowa

Nonresident Athlete Agent Consent to Service of Process

I, _______________________________ , hereby grant irrevocable consent to the Secretary of State pursuant to Iowa Code Chapter 9A, section 3(2), to act as an agent upon whom any process, notice, or demand required or permitted by law may be served. I agree that service upon the Secretary of State is sufficient service if the plaintiff forwards by certified mail one copy of the service to the business address of the athlete agent on file in the office of the Secretary of State. ____________________________________________
Athlete agent or authorized representative

NOTARIZATION
State of _______________________ County of ______________________ Subscribed and sworn (or affirmed) before me this day of ___________________ , 20 ____

____________________________________________
Notary Public

_____________________________
My commission expires

NOTES:
1. ALL nonresident applicants must file with their application and consent, an agreement with an athlete agent who is a resident of Iowa. The agreement must meet the requirements of Iowa Code Chapter 9A, section 4. 2. Nonresident applicants who are CORPORATIONS must also: a) include a copy of the resolution of the corporation authorizing consent to service of process, and b) possess a Certificate of Authority to Transact Business in Iowa, issued by the Secretary of State pursuant to Iowa Code chapter 490, prior to applying for a Certificate of Registration as an Athlete Agent. The Secretary of State will supply the copy of the applicant's Cerificate of Authority, as required of the applicant by Iowa Code Chapter 9A, if the Certificate of Authority has been obtained prior to the date the application for Certificate of Registration is received. Applications cannot be processed for nonresident corporations who do not possess a Certificate of Authority to Transact Business in Iowa. 3. The information you provide will be open for public inspection under Iowa Code section 22.11.

Return completed consent form and other required documents to: SECRETARY OF STATE Athlete Agent Registration State Capitol, Room 105 Des Moines, Iowa 50319 Phone: (515) 281-8993 FAX: (515) 242-5952 Website: www.sos.state.ia.us
Rev. 04/07

MICHAEL A. MAURO Secretary of State State of Iowa
9A.1

Iowa Registration of Athlete Agents Act
(Iowa Code Chapter 9A)

TITLE. This chapter shall be known as the "Registration of Athlete Agents Act."

DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Athlete agent" means a person representing a student athlete for compensation or any person who, directly or indirectly, recruits or solicits a student athlete to enter into an agent contract or professioal sports services contract with the person, or who for a fee procures, offers, promises, or attempts to obtain employment for a student ahtlete with a professional sports team. "Athlete agent" does not include an individual licensed to practice as an attorney in this state when the individual is acting as a representative for a student athlete, unless the attorney also represents the student athlete in negotiations for an agent contract. 2. "Student athlete" means an individual enrolled at an institution of higher education who is eligible to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education, or who is receiving partial or full financial assistance by way of an athletic scholarship and may in the future be eligible to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education. 3. "Institution of higher education" means a public or private college or university in this state. 9A.3 REGISTRATION REQUIREMENTS FOR ATHLETE AGENTS. 1. An athlete agent shall register with, and obtain a certificate of registration from, the secretary of state before contracting, either directly or indirectly, a student athlete concerning the possibility of the athlete agent's representing the student athlete. The athlete agent may apply for a certificate of registration by submitting the forms provided for that purpose and must provide all the information required by the secretary of state, including all of the following: a. Name of the applicant and the address of the applicant's principal place of business. b. Business or occupation engaged in by the applicant for the five years immediately preceding the date of application. c. The athlete agent's educational background, training, and experience relating to being an athlete agent. d. Names and addresses of all persons, except bona fide employees on stated salaries, who are financially interested as partners, associates, of profit sharers in the operation of the business of the athlete agent. e. Record of all felony charges and convictions, and all misdemeanor charges and convictions of the athlete agent. f. Record of all felony charges and convictions, and misdemeanor charges and convictions of all persons, except bona fide employees, who are financially interested as partners, associates, or profit sharers in the operation of the business of the athlete agent. g. Record of all sanctions issued to or disciplinary actions taken against the athlete agent or against any student athlete or any institution of higher education in connection with any transaction or occurrence involving the athlete agent. h. Additional information as deemed appropriate by the secretary of state. 2. In addition to the requirements of subsection 1, an athlete agent who is not a resident of this state must file with the secretary of state an irrevocable consent to service of process on a form prescribed by the secretary. The consent to service shall be signed by the athlete agent, or by an authorized representative of the athlete agent, and notarized. If the athlete agent is a corporation, the consent to service shall be accompanied by a copy of the corporation's authorization to do business in this state and a copy of the resolution of the corporation authorizing the consent to service. The consent to service shall indicate that service upon the secretary of state is sufficient service upon the athlete agent, if the plaintiff forwards by certified mail one copy of the service to the business address

9A.2

of the athlete agent on file at the office of the secretary of state. 3. A certificate of registration issued under this section is valid for one year from the date of issuance. A registered athlete agent may renew the certificate by filing a renewal application in the form prescribed by the secretary of state, accompanied by any applicable renewal fee. 4. The secretary of state shall: a. Establish a reasonable registration fee sufficient to offset expenses incurred in the administration of this chapter. b. Adopt rules necessary for the implementation and administration of this chapter. 9A.4 RESIDENT AGENT REQUIRED. A person registered under this chapter as an athlete agent who is not a resident of this state, or does not have a principal place of business in this state, shall not engage in any activity as an athlete agent in this state unless that person has entered into an agreement with a person who is a resident of this state or whose principal place of business is in this state, who is licensed pursuant to section 602.10101, and who is registered under this chapter as an athlete agent, to act on behalf of the nonresident athlete agent. The agreement shall provide that the resident athlete agent shall act as attorney in fact, on whom all process in any action involving the nonresident athlete agent may be served as well as any other duties as negotiated by the nonresident and resident athlete agent. The agreement shall be filed with the secretary of state and shall include the name and address of the resident athlete agent. 9A.5 DENIAL OF CERTIFICATE OF REGISTRATION. The secretary of state may deny, suspend, or revoke an athlete agent's certificate of registration, following a hearing where a determination is made that the athlete agent has engaged in any of the following activities: 1. Made false or misleading statements of a material nature in the athlete agent's application for a certificate of registration or renewal of a certificate of registration. 2. Misappropriated funds, or engaged in other specific acts such as embezzlement, theft, or fraud, which in the judgment of the secretary of state would render the athlete agent unfit to serve in a fiduciary capacity. 3. Engaged in other conduct, including, but not limited to, conduct contributing to sanctions or disciplinary action against any student athlete or institution of higher education, whether within this state or not, which in the judgement of the secretary of state relates to the athlete agent's fitness to serve in a fiduciary capacity. 4. Engaged in a material violation of this chapter or a rule adopted pursuant to this chapter, as shown by a preponderance of the evidence. The suspension or revocation of an agent's registration may be reviewed pursuant to chapter 17A. 9A.6 BOND REQUIRED FROM ATHLETE AGENT. 1. An athlete agent shall have on file with the secretary of state before the issuance or renewal of a registration certificate, a surety bond executed by a surety company authorized to do business in this state in the sum of twenty-five thousand dollars, which bond shall be continuous in nature until canceled by the surety. A surety shall provide at least thirty days' notice in writing to the agent and to the secretary of state indicating the surety's intent to cancel the bond and the effective date of the cancellation. The surety bond shall be for the benefit of the citizens of this state and shall be conditioned upon the athlete agent's willingness to comply with this chapter, pay all amounts due to any individual or group of individuals when due, and pay all damages caused to any student athlete or institution of higher education by reason of intentional misstatement, misrepresentation, fraud, deceit or any unlawful or negligent acts or omissions by the registered athlete agent or the athlete agent's representative or employee while acting within the scope of employment. This section shall not limit the recovery of damages to the amount of the surety bond. 2. The bond shall be made in a form prescribed by the secretary of state and written by a company authorized by the secretary of state to do business within the state. AGENT CONTRACT. 1. An agent contract to be entered into by a registered athlete agent and a student athlete who has not previously signed a contract of employment with a professional sports team shall be on a form approved by the secretary of state. Approval of the form shall not be withheld unless the proposed form is unfair, unjust, or oppressive to the student athlete. If the form of the contract is in compliance with any players association form contract, the contract shall be approved by the secretary of state. 2. The agent contract shall have printed on the face of the contract in bold print the following: "The athlete agent is registered with the secretary of state. Registration does not imply approval or endorsement by the 9A.7

secretary of state of the specific terms and conditions of this contract or competence of the athlete agent. You have the right to terminate this contract within five calendar days after it is signed. You may jeopardize your standing as a student athlete by entering into this contract under the rules for eligibility established by or adhered to by your institution of higher education." 3. A registered athlete agent shall file with the secretary of state a schedule of fees chargeable and collectible from a student athlete who has not previously signed a contract of employment with a professional sports team and shall file a description of the various professional sevices to be rendered in return for each fee. The athlete agent may impose charges only in accordance with the fee schedule. Changes in the fee schedule may be made from time to time, except that a change shall not become effective until the seventh day after the date the change is filed with the secretary of state. 9A.8 PROHIBITED ACTIVITIES. A person shall not do any of the following: 1. Act or offer to act as an athlete agent unless registered pursuant to this chapter. 2. Engage in conduct which violates, or causes or contributes to causing a student or institution of higher education to violate, any rule or regulation adopted by the national collegiate athletic association governing student athletes and their relationship with athlete agents and institutions of higher education. 3. Except as provided in subsection 5, enter into a written or oral agreement by which the athlete agent will represent a student athlete, or give anything of value to a student athlete, until after completion of the student athletes last intercollegiate athletic contest including any postseason contest. 4. Enter into an agreement before the student athlete's last intercollegiate contest that purports to take effect at a time after that contest is completed. 5. Enter into an agreement where the athlete agent gives, offers, or promises anything of value to an employee or student of an institution of higher education in return for the referral of a student athlete by the employee or student. 6. Interfere with, impede, or obstruct the administration and enforcement of this chapter. 9A.9 ON-CAMPUS ATHLETE AGENT INTERVIEWS. If an institution of higher education located in this state elects to permit athlete agent interviews on its campus during a student athlete's final year as a student athlete, a registered athlete agent may interview the student athlete to discuss the registerd athlete agent's representation of the student athlete in the marketing of the student athlete's athletic ability and reputation. The registered athlete agent shall strictly adhere to the conditions imposed by each institution with regard to the time, place, manner, and duration of the interviews. 9A.10 CONTRACT VOID. An agent contract negotiated by an athlete agent who has failed to comply with the provisions of this chapter is void. If the contract is void pursuant to this section, the athlete agent does not have a right of repayment of anything of value received by the student athlete as an inducement to enter into an agent contract or received by a student athlete before completion of the student athlete's last intercollegiate contest, and the athlete agent shall refund any consideration paid to the athlete agent by the student athlete or on the student athlete's behalf. 9A.11 PENALTIES-ENFORCEMENT. 1. The attorney may institute a legal proceeding against an athlete agent on behalf of the state, and shall institute legal proceedings at the request of the secretary of state, to enforce this chapter. 2. A person who knowingly and willfully violates a provision of this chapter is subject to civil penalty in an amount not to exceed ten thousand dollars. 3. A person who violates a provision of section 9A.8 commits a serious misdemeanor. 9A.12 COSTS. A student athlete and an institution of higher education are entitled to recover reasonable attorney's fees and court costs against an athlete agent found to be in violation of this chapter.