Athlete AgentsPublic Disclosure

Section § 18896

Explanation

If you want to work as an athlete agent in California, you need to provide the Secretary of State with detailed information before starting. This includes your personal details, business locations, past work, and any legal or professional issues. You'll also need to share info about your insurance, any disciplinary actions, your clients, and affiliations with players' associations. You must provide references, prove your training or experience in key areas like contract negotiation, and disclose anyone financially involved in your business, along with your fee schedule.

To assist enforcement of this chapter, each athlete agent, prior to engaging in or carrying on the business of athlete agent, shall file the following information with the Secretary of State, in the form that the Secretary of State shall prescribe, concerning the athlete agent and each individual acting as an athlete agent within a firm, company, or partnership:
(a)CA Business & Professions Code § 18896(a) The name, residence address, social security number, and driver’s license number.
(b)CA Business & Professions Code § 18896(b) The street and address number of all locations where the business of the athlete agent is to be conducted.
(c)CA Business & Professions Code § 18896(c) The name and business address of a designated agent in California for service of process, as required by Section 18897.83.
(d)CA Business & Professions Code § 18896(d) All businesses or occupations engaged in for the two years immediately preceding the date of filing.
(e)CA Business & Professions Code § 18896(e) Any convictions for any of the following:
(1)CA Business & Professions Code § 18896(e)(1) A felony.
(2)CA Business & Professions Code § 18896(e)(2) A misdemeanor involving a violation of this chapter, or Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of the Labor Code as repealed by Chapter 857 of the Statutes of 1996, or the law of any other state governing athlete agents.
(3)CA Business & Professions Code § 18896(e)(3) Fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property.
(f)Copy CA Business & Professions Code § 18896(f)
(1)Copy CA Business & Professions Code § 18896(f)(1) The name of the insurer providing the security required by Section 18897.87, and the amount of that insurance coverage, if the athlete agent provides some or all of that security in the manner required by subdivision (a) of Section 18897.87.
(2)CA Business & Professions Code § 18896(f)(2) The value and specific location of the security required by Section 18897.87, if the athlete agent provides some or all of that security in the manner required by subdivision (b) of Section 18897.87.
(g)CA Business & Professions Code § 18896(g) Any appearances before any disciplinary or professional board, association, secretary, committee, or other entity as a result of disciplinary charges or other allegations of misconduct against the athlete agent or individual, and the outcome of those proceedings.
(h)CA Business & Professions Code § 18896(h) Whether or not any student athlete or any educational institution has been sanctioned, suspended, or declared ineligible to participate in one or more interscholastic or intercollegiate athletic events in any proceeding arising from, or related to, the actions of the athlete agent.
(i)CA Business & Professions Code § 18896(i) All past and present persons on behalf of whom the athlete agent or individual has acted as an athlete agent.
(j)CA Business & Professions Code § 18896(j) The names of any players’ associations with whom the athlete agent is registered.
(k)CA Business & Professions Code § 18896(k) At least three references.
(l)CA Business & Professions Code § 18896(l) Affidavits or certificate or completion of any and all formal training or practical experience in any of the following specific areas: contracts, contract negotiation, complaint resolution, arbitration, or civil resolution of contract disputes.
(m)CA Business & Professions Code § 18896(m) The names and residence addresses of all persons financially interested in the operation of the business of the athlete agent, whether as employees, partners, investors, associates, or profit sharers, or in any other manner.
(n)CA Business & Professions Code § 18896(n) A schedule of fees to be charged and collected in the conduct of the athlete agent business.
athlete agent Secretary of State personal details ...

Section § 18896.2

Explanation
If an athlete agent's information changes, they must update their filing with the Secretary of State within seven days. Furthermore, any changes to the fee schedule become effective only after they have been filed as instructed.
(a)CA Business & Professions Code § 18896.2(a) Within seven days of the time any information in the filing required by Section 18896 changes, the athlete agent shall file revised information in the form that the Secretary of State shall prescribe.
(b)CA Business & Professions Code § 18896.2(b) No revision of a fee schedule filed pursuant to subdivision (n) of Section 18896 shall be effective until it is filed pursuant to this section.
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Section § 18896.3

Explanation

The forms created by the Secretary of State must have a warning that lying or leaving out important information can lead to criminal and civil penalties, according to the Miller-Ayala Athlete Agents Act.

The forms prescribed by the Secretary of State pursuant to Sections 18896 and 18896.2 shall include the following statement:
“Filing of false, misleading, or incomplete statements on this form may subject you to criminal and civil penalties under the Miller-Ayala Athlete Agents Act, Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code.”
Miller-Ayala Athlete Agents Act false statements misleading information ...

Section § 18896.4

Explanation

This law section states that athlete agents don't have to disclose details about their other business activities, as long as those activities are unrelated to their role as an athlete agent.

Sections 18896 and 18896.2 do not require the disclosure of information related solely and exclusively to other businesses of the athlete agent.
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Section § 18896.6

Explanation

If an athlete agent or their representative contacts a professional or student athlete, or people close to the athlete like family or housemates, they must give a written notice. This notice explains that the agent has filed public information with the California Secretary of State as required by law. It also states that filing does not mean the agent is approved by the state, and gives instructions on how to access this information.

Upon making first contact, direct or indirect, with a professional athlete, a student athlete, a student athlete’s spouse, parent, foster parent, guardian, sibling, aunt, uncle, grandparent, child, or first cousin, any of the preceding persons for whom a relationship has been established by marriage, or any person residing in the same place as a student athlete, or a representative of any of these persons, an athlete agent, or his or her employee or representative, shall provide that person with a written notification stating: “This athlete agent has current public-disclosure information on file with the California Secretary of State as required by the Miller-Ayala Athlete Agents Act, Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code, which also includes other protections for athletes. Filing of the required information does not imply approval by the California Secretary of State of the competence of the athlete agent.” The notification shall also include specific instructions on how to obtain the public disclosure information from the Secretary of State.
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Section § 18896.8

Explanation

If someone is working as an athlete agent, they must pay certain filing fees as determined by a different law section when they submit required paperwork. The money collected from these fees goes into a special fund managed by the Secretary of State.

(a)CA Business & Professions Code § 18896.8(a) An athlete agent shall pay filing fees in an amount established pursuant to subdivision (b) of Section 12195 of the Government Code upon making the filings required by Sections 18896 and 18896.2.
(b)CA Business & Professions Code § 18896.8(b) All fees collected by the Secretary of State under this chapter shall be paid into the State Treasury and credited to the Business Fees Fund of the Secretary of State.
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