58-71-141. Appointment of bail bondsmen; affidavit required.
(a) Before receiving an appointment, a surety bondsman shall submit to the Commissioner an affidavit, signed under oath, by the surety bondsman and by any former insurer, stating that the surety bondsman does not owe any premium or unsatisfied judgment to any insurer and that the bondsman agrees to discharge all outstanding forfeitures and judgments on bonds previously written. The affidavit shall be in a form prescribed by the Commissioner and shall be submitted by the surety bondsman to the former insurer. If the surety bondsman does not satisfy or discharge all forfeitures or judgments, the former insurer shall submit a notice, with supporting documents, to the appointing insurer, the surety bondsman, and the Commissioner, which states, under oath, that the surety bondsman has failed to satisfy, in a timely manner, the forfeitures and judgments on bonds written by the surety bondsman and that the former insurer has satisfied the forfeiture or judgment from its own funds. The former insurer shall submit the notice and supporting documents to the appointing insurer, the surety bondsman, and the Commissioner within 30 days after the former insurer receives the affidavit from the surety bondsman. Upon receipt of the notice and supporting documents, the appointing insurer shall immediately cancel the surety bondsman's appointment. The surety bondsman may be reappointed only upon certification by the former insurer that all forfeitures and judgments on bonds written by the surety bondsman have been discharged. The appointing insurer or surety bondsman may, within 10 days after receiving the notice and supporting documents from the former insurer, appeal to the Commissioner.
(b) The Commissioner shall adopt rules, including rules regarding the procedures for appeals and stays of the requirements of this section, to implement this section.
(c) As used in this section, "former insurer" means the insurer with whom the surety bondsman had a prior appointment and who is responsible for any outstanding bonds written by the surety bondsman. (2003-148, s. 1; 2007-507, s. 13.)
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.