58-71-151. Securities held in trust by Commissioner; authority to dispose of same.
The securities deposited by a professional bondsman with the Commissioner shall be held in trust for the protection and benefit of the holder of bail bonds executed by or on behalf of the undersigned bondsman in this State. Notwithstanding any other provision of law, the Commissioner is authorized to select a bank or trust company as master trustee to hold cash securities to be pledged to the State when deposited with the Commissioner pursuant to statute. Securities may be held by the master trustee in any form that in fact perfects the security interest of the State in the securities. The Commissioner shall by rule establish the manner in which the master trust shall operate. The master trustee may charge the person making the deposit reasonable fees for services rendered in connection with the operation of the trust, and the assets of the account may be used to pay such charges.
A pro rata portion of the securities shall be returned to the bondsman when the Commissioner is satisfied that the deposit of securities is in excess of the amount required to be maintained with the Commissioner by said bondsman; and all the securities shall be returned if the Commissioner is satisfied that the bondsman has satisfied, or satisfactory arrangements have been made to satisfy, the obligations of the bondsman on all the bondsman's bail bonds written in the State.
If a bondsman discontinues writing bonds due to death, permanent incapacitation, or some other circumstance that results in the bondsman returning the license issued under this Article to the Commissioner and the Commissioner is satisfied that no more bonds can be written against the bondsman's security deposit, the Commissioner shall return the portion of the security deposit in excess of that required to secure the bondsman's outstanding bond liability.
The Commissioner may sell or transfer any and all of said securities or utilize the proceeds thereof for the purpose of satisfying the liabilities of the professional bondsman on bail bonds given in this State on which the bondsman is liable. (2005-240, s. 3; 2015-180, s. 3.)
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.