LD 229
pg. 5
Page 4 of 19 An Act to Enact the Uniform Athlete Agents Act Page 6 of 19
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LR 465
Item 1

 
B.__Within 7 days after an initial act as an athlete agent,
the individual submits an application for registration as
an athlete agent in this State.

 
3.__Contract in violation void.__An agency contract
resulting from conduct in violation of this section is void
and the athlete agent shall return any consideration received
under the contract.

 
Comment

 
The intent of this section is to make the registration
requirement as broad as constitutionally permissible
consistent with the minimum contacts theory of International
Shoe Company v. Washington, 326 U.S. 310 (1945). Agents must
register in each State in which they have established minimum
contacts. For example, an individual in State A contacting a
student athlete in State B is acting as an athlete agent in
both States and is therefore required to register in both
States.

 
Subsection (b) [Maine cite subsection 2] provides a safe
harbor for an unregistered individual with whom a student
athlete initiates communications. The individual must apply
for registration within seven days from the beginning of any
effort to recruit or solicit the student athlete to enter into
agency contract. If the individual does not attempt to recruit
or solicit the student athlete to sign an agency contract,
registration is not required. References to "days" in this
section and throughout the act mean calendar days.

 
In addition to the penalties which may be imposed under
Sections 15 and 17 [Maine cite sections 245 and 247],
subsection (c) [Maine cite subsection 3] discourages contact
with a student athlete by an individual who has not registered
as an athlete agent. An agency contract resulting from that
contract is void, not merely voidable.

 
235.__Registration as athlete agent; form; requirements

 
1.__Application; contents.__An applicant for registration
shall submit an application for registration to the
commissioner in a form prescribed by the commissioner. An
application filed under this section is a public record. The
application must be in the name of an individual and, except
as otherwise provided in subsection 2, must be signed or
otherwise authenticated by the applicant under penalty of
perjury and state or contain:


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