North Carolina Administrative Code › Title 14B - Public Safety › Chapter 10 - BOXING AUTHORITY › Section .0400 - PERMITS, LICENSING AND CONTRACTS › Section 10 .0413 - CONTRACTS AND FINANCIAL ARRANGEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				promoter or matchmaker shall not contract with or negotiate with managers or
				contestants who are under suspension or whose license has been revoked in North
				Carolina or any other state.
(b)
				All contracts shall be in writing and shall be filed with the Division within
				seven days after execution. The Division shall be notified immediately of any
				changes in contractual status, which change shall be in writing, signed by all
				parties of the contract and filed with the Division within seven calendar days
				after execution. Contracts between contestants and the promoter shall be filed
				with the Division no later than at the time of the weigh-in.
(c) Except as provided in
				G.S.
				143-651(13)a, only a
				licensed manager may negotiate or contract for or on behalf of any contestant
				with any promoter or matchmaker under the jurisdiction of the Division. Any
				contract or negotiation entered into by any other person is
				unenforceable.
(d) A manager shall
				not negotiate, obligate or contract for matches for a contestant not under
				contract to him.
(e) Managers shall
				file changes in contractual status with the Division no later than at the time
				of the weigh-in.
(f) Contracts
				shall not be entered into which entitles a manager or group of managers to a
				total fee in excess of 33 1/3 percent of the gross earnings of the contestants,
				and no contract containing such a provision is valid or binding.
(g) Release of a contestant from a contestant
				or manager contract shall be in writing and filed with the Division.
(h) A manager of a contestant shall not sell,
				assign, transfer any interest, or in any way encumber, or attempt to sell,
				assign, transfer any interest or in any way encumber in whole or in part, any
				interest which he holds in any contract for services of the contestant without
				notice to the contestant and without notice to the Division.
(i) A person shall not sign a contract with a
				contestant as a promoter, manager, or matchmaker, unless the person has first
				applied for and been granted the appropriate license, or the contract is not
				valid.
(j) Each contract between a
				manager and a contestant shall contain provisions governing its duration,
				division of the contestant's purse, and any minimum sum guaranteed to the
				contestant by the manager. Each contract shall provide and if not included,
				shall be deemed to include, that it is automatically terminated if the license
				of either party is revoked by the Division or if the manager fails to renew his
				license before its expiration date. If the license of either party is
				suspended, the contract is not binding upon the other party during the period
				of suspension, provided however that if the manager's license is revoked or
				suspended for a period of greater than sixty days, the contract shall be
				automatically terminated.
(k) The
				Division may withhold any or all of any manager's share of a purse in the event
				of a contractual dispute as to entitlement to any portion of the purse until
				such dispute is resolved. If the Division deems it appropriate, the Division
				may compel interested parties over any disputed funds into the appropriate
				court for resolution of the dispute prior to release of all or any part of the
				funds.
(l) No manager shall attempt
				to select or insist upon the selection of any referee or judge in a match in
				which a contestant under his management is to appear, nor shall he have the
				name of any such referee or judge written into the contract governing such
				match.
(m) No manager shall pay or
				contribute to the pay of any referee, judge, or timekeeper.
(n) For accounting purposes, a promoter may
				make checks payable to contestants but shall immediately cash the checks. A
				contestant shall not be required to accept a payment by check in lieu of cash.
				The promoter shall retain receipted vouchers for all expenditures and
				deductions, for a period of six months, during which time the promoter shall
				provide to the Division upon demand a copy. The total amount of all purses,
				official fees and administrative costs shall be deposited in the form of
				American currency to the Division representative at least two hours before the
				start of the first match.
(o) The
				manager shall furnish to the contestant he manages a statement of distribution,
				together with the contestant's share of the purse, no later than 24 hours after
				the manager receives the purse and a statement from the promoter. The manager
				shall retain receipted vouchers for all expenditures and deductions, for one
				year following the expiration date of the contract between manager and
				contestant, during which time the manager shall provide to the Division upon
				demand a copy.
(p) A contract,
				which states that a contestant shall fight exclusively for one promoter or at
				the option of the promoter is not valid and the division shall not resolve
				disputes arising under any such promoter contract.
Authority
				  G.S.
				  143-652.1;
Temporary Adoption
				  Eff. January 1, 1996;
Recodified from
				  18 NCAC
				  09 .0107 Eff. April 1, 1996;
Eff.
				  April 1, 1996;
Transferred and recodified from
				  18 NCAC
				  09 Eff. November 8, 2002;
Amended
				  Eff. November 1, 2004;
Amended Eff. March 1, 2008 (recodified from
				  14A NCAC
				  12 .0112);
Transferred from
				  14A NCAC
				  12 .0413 Eff. June 1, 2013;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.