§ 43-4A-1. Short Title
This chapter shall be known and may be cited as the “Uniform Athlete Agents Act.” History. Code 1981, § 43-4A-1 , enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 2003, p. 774, § 1; Ga. L. 2010, p. 376, § 2/SB 149.
§ 43-4A-10. Required Records; Inspection by Secretary of State
An athlete agent shall retain the following records for a period of five years: The name and address of each individual represented by the athlete agent; Any agency contract entered into by the athlete agent; and Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter […]
§ 43-4A-11. Penalty for Violation
An athlete agent who violates Code Section 43-4A-14 shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00, by imprisonment of one to five years, or both such fine and imprisonment. History. Code 1981, § 43-4A-12 , enacted by Ga. L. […]
§ 43-4A-12. Surety Bond Requirement; Suspension for Failure to Maintain
An athlete agent shall deposit or have deposited with the Secretary of State, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of not less than $10,000.00, as established by the Secretary of State. Such surety bond shall be executed in the favor of the […]
§ 43-4A-13. Prohibited Activities of Athlete Agent
An athlete agent shall not, with the intent to induce a student athlete to enter into an agency contract: Give any materially false or misleading information or make a materially false promise or representation; Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or Furnish anything of […]
§ 43-4A-14. Notice of Agency Contract to Athletic Director of Educational Institution
Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is […]
§ 43-4A-15. Requirements for Agency Contract; Notice to Student Athlete; Penalty for Noncompliance; Record for Student Athlete
An agency contract shall be in a record that is signed or otherwise authenticated by the parties. An agency contract shall state or contain: The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration […]
§ 43-4A-16. Cancellation of Contract by Student Athlete
A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed. A student athlete shall not waive the right to cancel an agency contract. If a student athlete cancels an agency contract, the student athlete shall not […]
§ 43-4A-17. Civil Penalty
The Secretary of State may assess a civil penalty against an athlete agent not to exceed $25,000.00 for a violation of this chapter. History. Code 1981, § 43-4A-15 , enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 2003, p. 774, § 16; Code 1981, § 43-4A-17 , as redesignated by Ga. L. […]
§ 43-4A-18. Damages to Educational Institution; Recovery
An educational institution has a right of action against an athlete agent or former student athlete for damages caused by a violation of this chapter. In an action under this Code section, the court may award to the prevailing party costs and reasonable attorney’s fees. Damages to an educational institution under subsection (a) of this […]
§ 43-4A-19. Uniformity in Application Between States
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History. Code 1981, § 43-4A-18 , enacted by Ga. L. 2003, p. 774, § 20; Code 1981, § 43-4A-19 , as redesignated by Ga. L. […]
§ 43-4A-2. Definitions
As used in this chapter, the term: “Agency contract” means 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. “Athlete agent” means an individual who enters into an agency contract with a student athlete or, […]
§ 43-4A-20. Electronic Signatures
The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 […]
§ 43-4A-3. Service of Process Agent for Nonresident Athlete Agents
By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual’s agent for service of process in any civil action in this state related to the individual’s acting as an athlete agent in this state. History. Code 1981, § 43-4A-4 , enacted by Ga. L. 1988, […]
§ 43-4A-4. Certification of Registration Required; Exception; Agency Contract Void for Noncompliance
Except as otherwise provided in subsection (b) of this Code section, an individual shall not act as an athlete agent in this state without holding a certificate of registration under this chapter. Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes, except signing […]
§ 43-4A-5. Application for Registration
An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this Code section is a public record. The application shall be in the name of an individual and state or contain the following and any other information […]
§ 43-4A-6. Issuance, Renewal, and Term of Certificate of Registration
Except as otherwise provided in subsection (b) of this Code section, the Secretary of State shall issue a certificate of registration to an individual who complies with Code Section 43-4A-5. The Secretary of State may refuse to issue a certificate of registration if it is determined that the applicant has engaged in conduct that has […]
§ 43-4A-7. Discipline of Registered Agents; Notice and Hearing Required
The Secretary of State may suspend, revoke, or refuse to renew a registration or may discipline a person registered by the Secretary of State for conduct that would have justified denial of registration under Code Section 43-4A-6. The Secretary of State may discipline, suspend, revoke, or refuse to renew a certificate of registration only after […]
§ 43-4A-8. Fee for Registration or Renewal
An application for registration or renewal of registration shall be accompanied by such fee as shall be prescribed by the Secretary of State and a renewal bond, if applicable. The fee shall be the same for all applicants regardless of previous or current registrations or licenses in other states or jurisdictions as an athlete agent. […]
§ 43-4A-9. Temporary Registration
The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending, upon receipt by the Secretary of State of a completed application for registration, surety bond, and fee and after approval by the Secretary of State. The Secretary of State may in his or […]