Current through Reg. 49, No. 12; March 22, 2024
(a) A complete application for registration
or renewal is comprised of:
(1) a completed
application (See Forms 2501, 2505);
(2) $50,000 surety bond required by
Occupations Code, §
RSA
2051.151(a), and §
78.51(a) of this chapter (relating to Required Surety Bonds) (See Form
2504);
(3) $100,000 financial
services bond or affidavit, as required by Occupations Code, §
RSA
2051.151(a-1), and §
RSA 78.51 and §
RSA
78.52 of this chapter (relating to Affidavit
in Lieu of Financial Service Bond) (See Forms 2502, 2503);
(4) supplement for each financially
interested party (See Form 2506);
(5) payment of the filing fee stated in
§
RSA 78.10 of this
chapter (relating to Filing Fees); and
(6) an applicant contact sheet (See Form
2507).
(b) Except as
provided in §
RSA
78.2 of this chapter (relating to Submission
of Application from Other State), an application for registration shall be made
on Form 2501. The application for registration must comply with Occupations
Code, §
RSA
2051.102, and also provide:
(1) any trade names or entities under which
the applicant will provide athlete agent services;
(2) a list of all states in which the
applicant is currently registered as an athlete agent; and
(3) copies of documentation related to any
disclosures under Occupations Code, §
RSA
2051.102(b)(3), including a
settlement agreement or final judgment or order.
(c) A current registration may be renewed not
earlier than 60 days prior to expiration. Except as provided in §
RSA
78.2 of this chapter, a renewal shall be made
on Form 2505. The renewal must contain:
(1)
the applicant's:
(A) name;
(B) principal business address; and
(C) any trade names or entities under which
the applicant will provide athlete agent services;
(2) the name, address and telephone number of
each athlete for whom the athlete agent is performing professional services for
compensation on the date of the renewal application;
(3) the name, address and telephone number of
each athlete for whom the athlete agent has performed professional services for
compensation during the three years immediately preceding the date of the
renewal application but for whom the athlete agent is not performing
professional services on the date of the renewal application;
(4) whether the applicant or a person
described by paragraph (6) of this subsection has been subject to any of the
following, if not previously disclosed to the Secretary of State on a prior
application or renewal submitted by the applicant and filed by the Secretary of
State, and copies of documentation related to any disclosures under this
subsection, including a settlement agreement or final judgment or order:
(A) a conviction of a crime that in this
state is a Class A or B misdemeanor, a felony or a crime of moral
turpitude;
(B) an administrative or
a judicial determination finding the applicant or other person made a false,
misleading, deceptive, or fraudulent representation;
(C) a sanction or suspension related to
occupational or professional conduct;
(D) a denial of an application for a
certificate of registration or license as an athlete agent, in any jurisdiction
other than Texas; or
(E) a denial,
revocation, or suspension of a certificate of registration or license as an
athlete agent, in any jurisdiction other than Texas;
(5) whether the applicant or a person
described by paragraph (6) of this subsection has engaged in conduct resulting
in the imposition on an athlete or educational institution of a sanction,
suspension, or declaration of ineligibility to participate in an
interscholastic or intercollegiate athletic event, if not previously disclosed
to the Secretary of State on a prior application or renewal submitted by the
applicant and filed by the Secretary of State;
(6) except as provided by paragraph (7) of
this subsection, the name and address of each person, except a bona fide
employee on salary, who is financially interested as a partner, associate, or
profit sharer in the applicant's business;
(7) if an applicant is a member of the State
Bar of Texas, the application information required under paragraph (6) of this
subsection must include the name and address of each person who is involved in
the activities of the athlete agent. This subsection does not require an
applicant to state the name and address of a member of a law firm or
professional corporation who is not involved in the business of the athlete
agent;
(8) the name and address of
each national professional sports association by which the athlete agent is
currently certified; and
(9) a list
of all states in which the applicant is currently registered as an athlete
agent.
(d) Unless
surrendered, cancelled, or revoked, a certificate of registration or renewal
under Occupations Code, Chapter 2051, is valid for one year from the date of
issuance. Date of issuance means the date the Secretary of State finds the
application for registration or renewal qualified for registration.
(e) When the application for registration or
renewal is submitted but determined by the Secretary of State to be incomplete
or not accompanied by any necessary supplemental application, affidavit or
surety bond, the Secretary of State may issue a provisional registration or
renewal certificate valid for not more than 90 days. The Secretary of State
will not issue a provisional certificate if the filing fee for the application
for registration or renewal has not been paid. If the deficiencies in the
registration are cured within the time specified by the Secretary of State, the
Secretary of State will issue a certificate of registration that relates back
to the first date of receipt of the application for registration.
(f) A sanction or suspension related to
occupational or professional conduct that is required to be disclosed in an
application or renewal includes a sanction or suspension from a professional
sports association.
(g) A crime
involving moral turpitude means the commission of a crime involving dishonesty,
fraud, deceit, misrepresentation, deliberate violence, or that reflects
adversely on the applicant's honesty, trustworthiness, or fitness as an athlete
agent. A Class C misdemeanor is not a crime involving moral
turpitude.
