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If you are unsure as to what type of business (i.e. Corporation, Limited Liability Company, Partnership, etc.), you may need to contact an attorney or tax professional, as this office is unable to assist in that determination. For information on types of business entities and tax, treatments consult the IRS, Tennessee Office of the U.S. Small Business Administration or the Business Enterprise Resource Office (BERO) at the Tennessee Department of Economic and Community Development.
T.C.A. § 49-7-2104 provides that an individual may not act as an athlete agent in Tennessee without holding a Certificate of Registration as an Athlete Agent in Tennessee. If a student-athlete, or someone acting on the student’s behalf, initiates communication with the agent, the agent must submit an application for registration as an Athlete Agent in Tennessee within 7 days of the initial contact. 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.
T.C.A. § 49-7-2110 requires all agency contracts between a student-athlete and athlete agent to include a statement that the athlete agent is registered as an athlete agent in Tennessee and list any other states in which the agent is registered as an athlete agent, among other requirements.
T.C.A. § 49-7-2111 sets out requirements to notify educational institutions when a student-athlete enters into a contract. Additionally, when an educational institution becomes aware of any violation of the notice requirements listed in the statute, it must notify the secretary of state and any professional league or players’ association of the violation.
RDA means “Records Disposition Authorization”. A Records Disposition Authorization (RDA) defines the proper storage and disposal method for a State record series. It includes a description of the record series, a retention schedule, destruction method, and other information.
- Corporations*
- Limited Liability Companies (LLC’s)*
- Limited Partnerships (LP’s)*
- Limited Liability Partnerships (LLP’s)*
- General Partnerships+
*All of the above business entities file formation documents.
+Filings by general partnerships are not for the purpose of forming or maintaining a general partnership in Tennessee. Document filing is for the purpose of providing public notice of basic information about a general partnership, such as the agency authority of its partners, and such filings are optional and voluntary.
The Tennessee Department of State, Business Services Division, issues an Apostille or an Authentication under the authority of the Tennessee Secretary of State with respect to documents executed, issued or certified by Tennessee County Clerks, the Tennessee State Registrar, and the Tennessee Secretary of State.
If a document needs an Authentication, the United States Department of State must also certify the Tennessee Secretary of State’s signature on the Authentication. This step is not necessary for an Apostille.
An Apostille or an Authentication certifies the authenticity of the signature, seal and position of the official who has executed, issued or certified a copy of a public document. An Apostille or an Authentication enables a public document issued in one country to be recognized as valid in another country. While they accomplish the same objective, there are differences between Apostilles and Authentications.
An Apostille is a certification form set out in The Hague Convention abolishing the requirement of legalization for foreign public documents (1961).
An Apostille may be obtained to transmit public documents executed in one signatory country to another signatory country in which the documents need to be produced. The Hague Convention defines a “public document” as:
- Those originating in a court, clerk of a court, public prosecutor or process server;
- Administrative documents;
- Notarial acts; and
- Official certificates are placed on documents.
An Authentication may be obtained to transmit public documents to countries that have not subscribed to The Hague Convention.
The Tennessee Secretary of State has a list of documents accepted for Apostille or Authentication.