58-71-10. Defects not to invalidate undertakings; liability not affected by agreement or lack of qualifications.
(a) No undertaking shall be invalid because of any defect of form, omission or recital or of condition, failure to note or record the default of any principal or surety, or because of any other irregularity, if it appears from the tenor of the undertaking before what magistrate or at what court the principal was bound to appear, and that the official before whom it was entered into was legally authorized to take it and the amount of bail is stated.
(b) The liability of a person on an undertaking shall not be affected by reason of the lack of any qualifications, sufficiency or competency provided in the criminal procedure law, or by reason of any other agreement whether or not the agreement is expressed in the undertaking, or because the defendant has not joined in the undertaking. (1963, c. 1225, s. 3; 1975, c. 619, s. 1; 2001-269, s. 2.2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 71 - Bail Bondsmen and Runners.
§ 58-71-15 - Qualifications of sureties on bail.
§ 58-71-16 - No return of premium; bond reduction.
§ 58-71-20 - Surrender of defendant by surety; when premium need not be returned.
§ 58-71-25 - Procedure for surrender.
§ 58-71-30 - Arrest of defendant for purpose of surrender.
§ 58-71-35 - Forfeiture of bail.
§ 58-71-40 - Bail bondsmen and runners to be qualified and licensed; license applications generally.
§ 58-71-41 - First-year licensees; limitations.
§ 58-71-45 - Terms of licenses.
§ 58-71-50 - Qualification for bail bondsmen and runners.
§ 58-71-51 - Criminal history record checks.
§ 58-71-65 - Contents of application for runner's license; endorsement by professional bondsman.
§ 58-71-70 - Examination; fees.
§ 58-71-71 - Examination; educational requirements; penalties.
§ 58-71-72 - Qualifications of instructors.
§ 58-71-75 - License renewal; criminal history record checks; renewal fees.
§ 58-71-80 - Grounds for denial, suspension, probation, revocation, or nonrenewal of licenses.
§ 58-71-81 - Notice of receivership.
§ 58-71-82 - Dual license holding.
§ 58-71-85 - License sanction and denial procedures.
§ 58-71-95 - Prohibited practices.
§ 58-71-100 - Receipts for collateral; trust accounts.
§ 58-71-105 - Persons prohibited from becoming surety or runners.
§ 58-71-120 - Bail bondsman to give notice of discontinuance of business; cancellation of license.
§ 58-71-121 - Death, incapacitation, or incompetence of a bail bondsman.
§ 58-71-122 - Transfer of business by bail bondsman.
§ 58-71-130 - Substituting bail by sureties for deposit.
§ 58-71-140 - Registration of licenses and power of appointments by insurers.
§ 58-71-141 - Appointment of bail bondsmen; affidavit required.
§ 58-71-145 - Financial responsibility of professional bondsmen.
§ 58-71-151 - Securities held in trust by Commissioner; authority to dispose of same.
§ 58-71-155 - Bondsman to furnish power of attorney with securities.
§ 58-71-160 - Security deposit to be maintained.
§ 58-71-165 - Report required.
§ 58-71-167 - Portion of bond premium payments deferred.
§ 58-71-168 - Records to be maintained.
§ 58-71-175 - Limit on principal amount of bond to be written by professional bondsman.
§ 58-71-180 - Disposition of fees.
§ 58-71-185 - Penalties for violations.
§ 58-71-190 - Duplication of regulation forbidden.
§ 58-71-195 - Conflicting laws.
§ 58-71-200 - Bondsman access to criminal and civil records.