Title 9 — Contracts and Obligations
18 chapters · 214 sections in this title.
N.D.C.C. § 9-15.2-01 Definitions
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In this chapter, unless the context otherwise requires: 1. "Agency contract" means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional sports services contract or endorsement contract. 2. "Athlete agent": a. …
N.D.C.C. § 9-15.2-02 Secretary of state - Authority - Procedure
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1. Chapter 28-32 applies to this chapter. The secretary of state may adopt rules under chapter 28-32 to implement this chapter. 2. By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of proces…
N.D.C.C. § 9-15.2-03 Athlete agent - Registration required - Void contract
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1. Except as provided in subsection 2, an individual may not act as an athlete agent in this state without holding a certificate of registration under this chapter. 2. Before being issued a certificate of registration under this chapter an individual may act as an athlete agent i…
N.D.C.C. § 9-15.2-05 Certificate of registration - Issuance or denial - Renewal
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1. Except as otherwise provided in subsection 2, the secretary of state shall issue a certificate of registration to an applicant for registration who complies with subsection 1 of section 9-15.2-04. 2. The secretary of state may refuse to issue a certificate of registration to a…
N.D.C.C. § 9-15.2-06 Suspension, revocation, or refusal to renew registration
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1. The secretary of state may limit, suspend, revoke, or refuse to renew a registration of an individual registered under subsection 1 of section 9-15.2-05 for conduct that would have justified refusal to issue a certificate of registration under subsection 2 of section 9-15.2-05…
N.D.C.C. § 9-15.2-07 Temporary registration
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The secretary of state may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.
N.D.C.C. § 9-15.2-08 Registration and renewal fees
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An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in the following amount: 1. Two hundred fifty dollars for an initial application for registration; 2. Two hundred fifty dollars for registration based on a certificate of r…
N.D.C.C. § 9-15.2-09 Required form of agency contract
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1. An agency contract must be in a record signed by the parties. 2. An agency contract must contain: a. A statement that the athlete agent is registered as an athlete agent in this state and a list of any other states in which the agent is registered as an athlete agent; b. The a…
N.D.C.C. § 9-15.2-10 Notice to educational institution
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1. In this section, "communicating or attempting to communicate" means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message. 2. Not later than seventy-two hours after entering an agency contract or…
N.D.C.C. § 9-15.2-11 Student-athlete's right to cancel
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1. A student-athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than fourteen days after the contract is signed. 2. A student-athlete or, if the ath…
N.D.C.C. § 9-15.2-12 Required records
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1. An athlete agent shall create and retain for five years records of the following: a. The name and address of each individual represented by the agent; b. Each agency contract entered by the agent; and c. The direct costs incurred by the agent in the recruitment or solicitation…
N.D.C.C. § 9-15.2-13 Prohibited conduct
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An athlete agent may not intentionally: 1. Give a student-athlete or, if the athlete is a minor, give a parent or guardian of the athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the athlete, pare…
N.D.C.C. § 9-15.2-14 Criminal penalty
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An athlete agent who violates section 9-15.2-13 is guilty of a class A misdemeanor.
N.D.C.C. § 9-15.2-15 Civil remedy
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1. An educational institution or student-athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student-athlete is adversel…
N.D.C.C. § 9-15.2-16 Civil penalty
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The secretary of state may assess a civil penalty against an athlete agent not to exceed fifty thousand dollars for a violation of this chapter.
N.D.C.C. § 9-15.2-17 Uniformity of application and construction
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In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 9-15.2-18. Relation to the Electronic Signatures in Global and National Commerce Act. This chapter …