2023 New York Laws › GBS - General Business › Article 39-E - Uniform Athlete Agents Act › 899-E - Certificate of Registration; Issuance or Denial; Renewal.

§  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.
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
twenty-three 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.