In order to speak with any NC State student-athlete, all agents and/or financial planners must be registered with the State of North Carolina.
REGISTER WITH THE STATE OF NORTH CAROLINA (and frequently asked questions)
Once this registration has occurred, the next step is contacting the Chair of NC State's Professional Sports Counseling Panel:
Mike Poterala, Deputy General Counsel
North Carolina State University, Office of General Counsel
Campus Box 7008, 305C Holladay Hall, Raleigh, NC 27695-7008
AGENT BROCHURE (for student-athletes/parents and agents)
DO's and DON'Ts (from the NCAA website)
There are some Do's and Don'ts guidelines that agents should follow to comply with NCAA amateurism rules and the Uniform Athlete Agents Act.
Make sure you are properly registered to act as an agent according to the appropriate state law (where required).
Make sure you're properly registered to act as an agent according to any NCAA institution or conference agent registration program, and that you are certified in accordance with the rules of the relevant professional player's association before contacting a student-athlete.
Inform student-athletes of the services you or your firm or agency can provide if they choose to become a professional athlete.
Encourage student-athletes to consult with their institution's compliance office before forming an agreement with you so that they understand the impact the agreement will have on their collegiate eligibility.
Cooperate with an institution's professional sports counseling panel, which is set up to assist student-athletes with, among other things if applicable, choosing an agent.
Encourage student-athletes you have been in contact with to keep their institution's compliance officers apprised of your conversations so that the athletics department can be prepared to respond to inquires from the media or the NCAA.
Familiarize yourself with the Uniform Athlete Agents Act and the states in which it, or similar legislation, has been enacted.
Enter into an agreement for future representation with prospective or enrolled student-athletes with remaining collegiate eligibility, even if you will not act as their representative until their eligibility is exhausted.
Have runners or business associates, provide benefits to prospective or enrolled student-athletes with remaining collegiate eligibility, or to their relatives or friends.
Represent prospective or enrolled student-athletes with remaining eligibility in negotiations with a professional team.
Market the athletics talents or abilities of prospective or enrolled student-athletes with remaining collegiate eligibility.
Communicate with professional sports teams on behalf of prospective or enrolled student-athletes with remaining collegiate eligibility to schedule, arrange or confirm tryouts, or inquire about the professional team's interest in a student-athlete.
Overview of NCAA Bylaws Governing Athlete Agents
Under NCAA Bylaw 12.3, a student-athlete (any individual who currently participates in or who may be eligible in the future to participate in intercollegiate sport) may not agree verbally or in writing to be represented by an athlete agent in the present or in the future for the purpose of marketing the student-athlete's ability or reputation. If the student-athlete enters into such an agreement, the student-athlete is ineligible for intercollegiate competition.
Also, a student-athlete may not accept transportation or other benefits from an athlete agent. This prohibition applies to the student-athlete and his or her relatives or friends.
The term "agent" includes actual agents, runners (individuals who befriend student-athletes and frequently distribute impermissible benefits) and financial advisors.
It is not a violation of NCAA rules if a student-athlete merely talks to an agent (as long as an agreement for agent representation is not established) or socializes with an agent. For example, a student-athlete could go to dinner with an agent and no NCAA violations would result if the student-athlete provided his own transportation and paid for his meal.
What happens if a violation occurs?
Example: A student-athlete is befriended by a runner for an agent. The student-athlete is unaware of the connection between the runner and agent. The runner gives the student-athlete long-distance calling cards, pays for meals, articles of clothing and a new car stereo. The student-athlete never asks why the runner is providing him with these items.
The student-athlete's educational institution becomes aware of the runner's identity and the provision of benefits to the student-athlete.
The institution must declare the student-athlete ineligible for intercollegiate competition. The institution decides to ask for the reinstatement of the student-athlete's eligibility and sends a request to the NCAA staff.
At a minimum, the student-athlete will be required to repay the value of the impermissible benefits and will be withheld from a certain number of contests, based on case precedent.
FAQ on Uniform Athlete Agents Act
Question: What is the Uniform Athlete Agents Act?
Answer: The Uniform Athlete Agents Act (UAAA) is a model state law that provides a means of regulating the conduct of athlete agents. In most cases, the UAAA, as enacted, requires an athlete agent to register with a state authority, typically the Secretary of State, in order to act as an athlete agent in that state. During the registration process, an athlete agent must provide important background information, both professional and criminal in nature. As of July 2010, the UAAA has been passed in 40 states, the District of Columbia and the U.S. Virgin Islands. This includes Illinois, which will take effect Jan. 1, 2011. Three more states have non-UAAA laws in place designed to regulate agents.
Q: What states have adopted the Uniform Athlete Agents Act?
A: The states shaded in red have adopted the UAAA.
Q: Is there an alternative to registering in every state that has adopted the UAAA?
A: A key component of the UAAA is its registration requirements. To ease the burden on athlete agents, the UAAA provides a reciprocal registration process in which a valid certificate of registration in one state will be honored in other states that have adopted the act, if certain requirements are met. The reciprocal registration process increases efficiency and lessens the financial burden on athlete agents.
Q: Are there penalties for failing to follow the law in states that have adopted the UAAA?
A: The UAAA provides for criminal, civil and/or administrative penalties, with enforcement at the state level. In addition, the UAAA creates a right of action for a college or university against an agent or former student-athlete for any damages caused by a violation of the act.
Q: Are the laws regulating athlete agents the same in every state?
A: NO. Currently, the UAAA has been adopted in 40 states, the District of Columbia and the U.S. Virgin Islands. In addition, California, Michigan and Ohio each have non-UAAA laws that regulate athlete agents. Among the states that have adopted the UAAA, some have slightly altered various provisions to meet the specific needs of that state.
Q: What other regulations must athlete agents adhere to?
A: The UAAA contains several important provisions that regulate the activities of athlete agents. These include provisions that: