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Memorandum 1 (November 2014)

handle is hein.nccusl/nccpub3862 and id is 1 raw text is: MEMORANDUM

UAAA ISSUES
DRAFTING COMMITTEE
NOVEMBER 2014
I. Background
With the immense amount of money at stake for a wide variety of professional athletes and those
who represent them, the commercial marketplace in which athlete agents operate is extremely
competitive. While seeking to best position one's clients and to maximize their potential income
is both legal and good business practice, the recruitment of a student-athlete while he or she is
still enrolled in an educational institution can and will cause substantial eligibility problems for
both the student and the school, which can in turn lead to severe economic sanctions and loss of
scholarships for the institution. The problem becomes even more acute where an unscrupulous
agent misleads a student, especially where the athlete is not aware of the implications of signing
the agency agreement or where agency is established without notice to the athletic director of the
school. In response to these issues and at the urging of the National Collegiate Athletic
Association (NCAA), the Uniform Athlete Agents Act (UAAA) was promulgated by the
Uniform Law Commission (ULC) in 2000.
In general, the UAAA did the following:
- Defined athlete agent and set the scope of the act to apply narrowly to the conduct of
directly or indirectly inducing or attempting to induce a student-athlete into an agency
contract. However, the act applied broadly to any type of individual that engages in such
conduct.
- Defined student-athlete as an individual who engages in, is eligible to engage in, or may be
eligible in the future to engage in, any intercollegiate sport. Under that definition, high school
students were clearly student-athletes because the individual may be eligible in the future to
engage in intercollegiate athletics.
- Except under limited and temporary circumstances, prohibited an individual from acting as an
athlete agent without registering in the state. The act provided for a uniform
registration system and criminal history disclosures, including required disclosure of his or her
training, experience, and education, whether he or she or an associate has been convicted of a
felony or crime of moral turpitude, has been administratively or judicially determined to have
made false or deceptive representations, has had his or her agent's license denied, suspended, or

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