Frequently Asked Questions - Athlete Agent


What is an Athlete Agent?
New York State law (Article 39-E of the General Business Law) defines an Athlete Agent as any person who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract.

Who is excluded from this law?
Explicitly excluded from registration are spouses, parents, siblings, grandparents or guardians of the student-athlete, or individuals acting solely on behalf of a professional sports team or professional sports organization

How does one become registered as an Athlete Agent?
Contact the Division of Licensing Services for a registration packet. You can reach our Customer Service Representatives at 518-474-4429, or mail your request to the Department of State, Division of Licensing Services, PO Box 22001
Albany, NY 12201-2001

Is there a surety bond requirement?
No.

Is there any type of reciprocity between states?
No. Each state requires separate applications.

What is the application fee and term of registration?
The nonrefundable application fee for an Athlete Agent registration is $100; the registration will be effective for two years.

What is the renewal fee, and how do I renew my registration?
The renewal application is posted to the Athlete Agent approximately three months prior to the expiration of his or her registration. The application must be completed and submitted with a $50 fee to the Department of State, Division of Licensing Services. Instructions for proper submission are included with the renewal application. The term of registration is 2 years.

What forms of payment do you accept?
You may pay by check or money order made payable to the Department of State or charge any fee to MasterCard or Visa using the credit card authorization form included with the application. Do not send cash. Application fees are nonrefundable. A $20 fee will be charged for any check returned by your bank.

Do I need to complete the Child Support Statement section of the application?
Yes, a Child Support Statement is mandatory in New York State (General Obligations Law). The law requires you to complete this section — regardless of whether or not you have children or any support obligation. Any person who is four months or more in arrears in child support may be subject to having his or her business, professional and driver’s licenses suspended. The intentional submission of a false written statement for the purpose of frustrating or defeating the lawful enforcement of support obligations is punishable under §175.35 of the Penal Law. It is a class E felony to offer a false instrument for filing with a state or local government with the intent to defraud.

What is a Student-Athlete?
This is an individual who engages in, is eligible to engage in, may be eligible in the future to engage in, or was eligible in the past 30 days to engage in any intercollegiate or interscholastic sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, such individual will not be considered a student-athlete 30 days after losing his or her eligibility for purposes of that sport.

What is an Agency Contract?
This is an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional sports-services contract or an endorsement contract.

What specifically must be on the agency contract?
Please refer to §899-h Required Form of Contract for specifics.

Is there any requirement that the contract include a warning that the student-athlete may lose their eligibility?

Yes. The agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating: WARNING TO STUDENT-ATHLETE: IF YOU SIGN THIS CONTRACT:

(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 5 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete shall not be required to pay any consideration under such contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.

Are there any records an Athlete Agent needs to maintain, and if yes, how long must they be maintained?

Yes. An Athlete Agent must retain the following records for a period of 5 years:
(a) the name and address of each individual represented by the Athlete Agent;
(b) any agency contract entered into by the Athlete Agent; and
(c) any direct costs incurred by the Athlete Agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.

These records must be open to inspection by the Secretary of State during normal business hours.