§ 899-e. Certificate of registration; issuance or denial; renewal. 1. Except as otherwise provided in subdivision two of this section, the secretary of state shall issue a certificate of registration to an individual who complies with subdivision one of section eight hundred ninety-nine-d of this article or whose application has been accepted under subdivision two of section eight hundred ninety-nine-d of this article.

Terms Used In N.Y. General Business Law 899-E

  • Athlete agent: means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. See N.Y. General Business Law 899-A
  • Fiduciary: A trustee, executor, or administrator.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See N.Y. General Business Law 899-A
  • Registration: means registration as an athlete agent pursuant to this article. See N.Y. General Business Law 899-A
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See N.Y. General Business Law 899-A
  • Student-athlete: means an individual who engages in, is eligible to engage in, may be eligible in the future to engage in or was eligible in the past thirty days to engage in any intercollegiate or interscholastic sport. See N.Y. General Business Law 899-A

2. The secretary of state may refuse to issue a certificate of registration if the secretary of state determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the secretary of state may consider whether the applicant has:

(a) been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony;

(b) made a materially false, misleading, deceptive or fraudulent representation in the application or as an athlete agent;

(c) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

(d) engaged in conduct prohibited by section eight hundred ninety-nine-l of this article;

(e) had a registration or licensure as an athlete agent suspended, revoked or denied, or been refused renewal of registration or licensure as an athlete agent in any state;

(f) engaged in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or

(g) engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty or integrity.

3. In making a determination under subdivision two of this section, the secretary of state shall consider the factors set forth in Article 23 of the correction law.

4. An athlete agent may apply to renew a registration by submitting an application for renewal in such form as shall be prescribed by the secretary of state. An application filed pursuant to this section shall be a public record. The application for renewal shall be signed by the applicant under penalty of perjury and shall contain current information on all matters required in an original registration.

5. An individual who has submitted an application for renewal of registration or licensure in another state, in lieu of submitting an application for renewal in the form prescribed pursuant to subdivision four of this section, may file a copy of the application for renewal and a valid certificate of registration or licensure from the other state. The secretary of state shall accept the application for renewal from the other state as an application for renewal in this state if the application to the other state:

(a) was submitted in the other state within six months next preceding the filing in this state and the applicant certifies the information contained in the application for renewal is current;

(b) contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this state; and

(c) was signed by the applicant under penalty of perjury.

6. A certificate of registration or a renewal of a registration shall be valid for two years.

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