North Carolina Secretary of State

Athlete Agents Frequently Asked Questions (FAQs)

Here are answers to questions we receive frequently from applicants, student-athletes, educational institutions, and athlete agents. We provide this for informational purposes only. It does not constitute legal advice.

Definitions: Click here for definitions of terms used throughout this document.

We use the term “athlete” to refer to “student-athlete” and “agent” to refer to “athlete agent.”

Where can I find a list of registered agents?
Where can I find the law governing the regulation of agents?
Who must register as an agent?
Who is exempt from the registration requirements?
How do I register as an agent?
Where can I get a registration form?
What forms of payment can I use?
Do I need a surety bond to register?
May a business entity register as an agent?
I registered as an agent in another state. Do I have to register again in North Carolina?
For how long is a certificate of registration valid?
What if I am ineligible to play a sport?
May I act as an agent in North Carolina without registering?
Does an agent need to file a copy of the agency contract with the Department of the Secretary of State?
Do agents have to tell anybody that their clients have signed contracts?
When does the agent have to give the notice?
Do athletes have to tell anybody that they have signed contracts?
When does the athlete have to give the notice?
Does the agency contract have to be in a specific format?
Can athletes cancel an agency contract?
Does an agent have to keep any records?
What records does an agent have to keep?
Are there things an agent cannot do?
I am an agent. What else do I need to know?
Can the Secretary of State fine me for violating the Uniform Athlete Agents Act?
Can a college sue an agent for damages caused by a violation of the Uniform Athlete Agents Act?
Can a college sue an athlete for damages caused by a violation of the Uniform Athlete Agents Act?

Where can I find a list of registered agents?

Click here for a list of registered agents.

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Where can I find the law governing the regulation of agents?

You can find the Uniform Athlete Agents Act in Article 9 of Chapter 78C of the North Carolina General Statutes.

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Who must register as an agent?

If you act as an agent in North Carolina, you must register with the North Carolina Department of the Secretary of State unless you are exempt.

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Who is exempt from the registration requirements?

You are exempt if:
- You are the athlete’s spouse, parent, sibling, or guardian; or
- You only act on behalf of a professional sports team or organization; or
- You are a resident and licensed NC attorney who represents no more than two athletes AND you do not advertise or claim you are qualified to represent athletes.
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How do I register as an agent

You need to complete an application and pay the $200.00 fee. Your application must be approved before you may act as an agent.

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Where can I get a registration form?

To register, complete the application and return it to the Athlete Agent Registration Office at the address below. You may also request the form by calling Registrar Mary Wilson at (919) 733-3924 or emailing her at mwilson@sosnc.com.
Athlete Agent Registration Office
NC Department of the Secretary of State
PO Box 29622
Raleigh, NC 27626-0622

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What forms of payment can I use?

We accept all checks, money orders and cash. We do not accept credit cards. Please make your check payable to the NC Department of the Secretary of State. There is a $25.00 fee for any returned check.

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Do I need a surety bond to register?

No.

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May a business entity register as an agent?

No.

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I registered as an agent in another state. Do I have to register again in North Carolina?

Yes, you do have to register again in North Carolina. You may not have to fill out a new application form. Click here for details.

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For how long is a certificate of registration valid?

A certificate of registration is valid for one year from the date issued. You must re-register before the year ends to keep acting as an agent.

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What if I am ineligible to play a sport?

If you are ineligible to play a specific sport in college, you are not an athlete for that sport. For example, if you play both high school football and basketball and sign a contract to play professional basketball, you are no longer an athlete in basketball. You are still an athlete in football.

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May I act as an agent in North Carolina without registering?

Yes, but the exception is very narrow and temporary. You may act temporarily as an agent if the athlete or someone else initiates contact with you. You must register as an agent within seven days of your first act as an agent. You may never sign an agency contract with the athlete without being registered. Doing so automatically voids the agency contract and the agent must return anything received under it.

Click here for more information.

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Does an agent need to file a copy of the agency contract with the Department of the Secretary of State?

No.

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Do agents have to tell anybody that their clients have signed contracts?

Yes. An agent must give written notice to the athletic director of any school the athlete attends or may attend.

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When does the agent have to give the notice?

The answer depends on what happens first: the athlete’s next scheduled athletic event or within 72 hours after the athlete signs a contract. The agent has to give notice before the first one of those two things happens.

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Do athletes have to tell anybody that they have signed contracts?

Yes. Athletes must give written notice to the athletic directors of any school they attend or may attend.

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When does the athlete have to give the notice?

The answer depends on what happens first: the athlete’s next scheduled athletic event or within 72 hours after the athlete signs a contract. The athlete has to give notice before the first one of those two things happens.

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Does the agency contract have to be in a specific format?

Yes. Click here for more information.

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Can athletes cancel an agency contract?

Yes. Athletes can cancel a contract by giving the agent written notice within 14 days of signing the contract. Athletes who cancel their contracts are not required to repay any consideration they received from their agents. An athlete cannot waive the right to cancel agency contracts.

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Does an agent have to keep any records?

Yes, an agent has to keep certain records for a period of five years.

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What records does an agent have to keep?

The agent has to keep:
- The names and addresses of all athletes represented;
- All agency contracts; and
- All direct costs to the agent for trying to get the athlete to sign an agency contract.
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Are there things an agent cannot do?

In order to get an athlete to sign an agency contract, an agent cannot:
- Lie to or mislead the athlete;
- Give anything of value to the athlete before the athlete signs the agency contract; and
- Give anything of value to anyone other than the athlete or another registered agent.
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I am an agent. What else do I need to know?
- You cannot solicit an athlete until after you register.
- You cannot solicit an athlete after your registration expires unless you register again.
- You have to tell an athlete that signing the agency contract ends the athlete’s eligibility in that sport.
- You cannot date an agency contract on any day except the day actually signed.
- You cannot lie or mislead on your application for registration.
- You have to keep required records and produce them if we ask for them.
- You cannot violate any provision of the North Carolina Athlete Agents Act.
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Can the Secretary of State fine an agent for violating the Uniform Athlete Agents Act?

Yes.

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Can a college sue an agent for damages caused by a violation of the Uniform Athlete Agents Act?

Yes. The court may award costs and reasonable attorneys’ fees to the prevailing party.

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Can a college sue an athlete for damages caused by a violation of the Uniform Athlete Agents Act?

Yes. The court may award costs and reasonable attorneys’ fees to the prevailing party.

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Definitions:

The following are definitions of terms used throughout this section. Reading these first will help you better understand the other questions.

“Athlete agent” -- An athlete agent is an individual who:

Enters into an agency contract with an athlete;
Solicits or recruits an athlete to enter an agency contract; or
Holds himself or herself out to the public as an agent.

“Student-athlete” – A student-athlete is anyone who engages in; is eligible to engage in; or may be eligible in the future to engage in any intercollegiate sport. This includes college students, high school students, high school dropouts, or high school graduates who delay enrollment in a college.

“Agency contract” -- An agency contract is a legal agreement between an athlete and an agent. It authorizes the agent to negotiate contracts for the athlete.

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