CHAPTER 41. ATHLETIC AGENTS—STATEMENT OF POLICY Sec.
41.1. Athletic agents required to register.
41.2. Evidence of acting as athletic agent.
41.3. Professional sports services contracts with Commonwealth sports teams or promoters.Source The provisions of this Chapter 41 adopted September 3, 1999, effective September 4, 1999, 29 Pa.B. 4696, unless otherwise noted.
§ 41.1. Athletic agents required to register.
This chapter announces the Commission’s interpretation of 5 Pa.C.S. Part II (relating to athletic agents). The Commission interprets 5 Pa.C.S. § 3301 (relating to athletic agent registration) as requiring all athletic agents, whether or not they reside in this Commonwealth, to register with the Commission when they directly or indirectly serve or offer to serve as an athletic agent, as defined in 5 Pa.C.S. § 3102 (relating to definitions), for any athlete located in this Commonwealth.
§ 41.2. Evidence of acting as athletic agent.
The signing of an agent contract, as defined in 5 Pa.C.S. § 3102 (relating to definitions), will be regarded as evidence of acting as an athletic agent, unless the athletic agent can prove that no contacts of any kind were made in this Commonwealth. This would include any means of direct or indirect contact, including telephonic, electronic, mail, electronic mail or personal contact.
§ 41.3. Professional sports services contracts with Commonwealth sports teams or promoters.
The Commission interprets 5 Pa.C.S. § 3302(d) (relating to application for registration) as requiring all out-of-State athletic agents to register with the Commission when they negotiate any professional sport services contract for all athletes, whether or not they are located within this Commonwealth, who perform with a professional sports team or a promoter in this Commonwealth. Under 5 Pa.C.S. § 3302(d)(2), an out-of-State agent representing an athlete is required to notify the Commission within 7 days of commencing negotiations for a sports services contract with a Commonwealth professional sports team or promoter. Under 5 Pa.C.S. § 3302(d)(3), the out-of-State agent representing an athlete is required to complete a registration application within 30 days of commencing negotiations for a sports services contract with a Commonwealth professional sports team or promoter.
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