3.__Contract in violation void.__An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.

Comment

The intent of this section is to make the registration requirement as broad as constitutionally permissible consistent with the minimum contacts theory of International Shoe Company v. Washington, 326 U.S. 310 (1945). Agents must register in each State in which they have established minimum contacts. For example, an individual in State A contacting a student athlete in State B is acting as an athlete agent in both States and is therefore required to register in both States.

Subsection (b) [Maine cite subsection 2] provides a safe harbor for an unregistered individual with whom a student athlete initiates communications. The individual must apply for registration within seven days from the beginning of any effort to recruit or solicit the student athlete to enter into agency contract. If the individual does not attempt to recruit or solicit the student athlete to sign an agency contract, registration is not required. References to "days" in this section and throughout the act mean calendar days.

In addition to the penalties which may be imposed under Sections 15 and 17 [Maine cite sections 245 and 247], subsection (c) [Maine cite subsection 3] discourages contact with a student athlete by an individual who has not registered as an athlete agent. An agency contract resulting from that contract is void, not merely voidable.

§235.__Registration as athlete agent; form; requirements

1.__Application; contents.__An applicant for registration shall submit an application for registration to the commissioner in a form prescribed by the commissioner. An application filed under this section is a public record. The application must be in the name of an individual and, except as otherwise provided in subsection 2, must be signed or otherwise authenticated by the applicant under penalty of perjury and state or contain: