58-71-1. Definitions. The following definitions apply in this Article: (1) Accommodation bondsman. – A person who shall not charge a fee or receive any consideration for action as surety and who endorses the bail bond after providing satisfactory evidences of ownership, value, and marketability of real or personal property to the extent necessary to reasonably […]
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 […]
58-71-100. Receipts for collateral; trust accounts. (a) When a bail bondsman accepts collateral he shall give a written receipt for the collateral. The receipt shall give in detail a full description of the collateral received. Collateral security shall be held and maintained in trust. When collateral security is received in the form of cash or […]
58-71-105. Persons prohibited from becoming surety or runners. No sheriff, deputy sheriff, other law-enforcement officer, judicial official, attorney, parole officer, probation officer, jailer, assistant jailer, employee of the General Court of Justice, nor other public employee assigned to duties relating to the administration of criminal justice, nor the spouse of any such person, may in […]
58-71-110. Bonds not to be signed in blank; authority to countersign only given to licensed employee. A bail bondsman shall not sign nor countersign in blank bail bonds, nor shall he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed […]
58-71-115. Insurers to annually report surety bondsmen; notices of appointments and terminations; information confidential. (a) Before July 1 of each year, every insurer shall furnish the Commissioner a list of all surety bondsmen appointed by the insurer to write bail bonds on the insurer’s behalf. An insurer who appoints a surety bondsman in the State […]
58-71-120. Bail bondsman to give notice of discontinuance of business; cancellation of license. Any bail bondsman who discontinues writing bail bonds during the period for which the bail bondsman is licensed shall return the license to the Commissioner for cancellation within 30 days after the discontinuance. (1963, c. 1225, s. 25; 1975, c. 619, s. […]
58-71-121. Death, incapacitation, or incompetence of a bail bondsman. In the case of death, incapacitation, or incompetence of a licensed bail bondsman, the spouse or surviving spouse, next of kin, person or persons holding a power of attorney, guardian, executor, or administrator of the licensed bail bondsman may contract with another licensed bail bondsman to […]
58-71-122. Transfer of business by bail bondsman. A licensed professional bondsman may contract to transfer, convey, or assign the professional bondsman’s business to another professional bondsman licensed under this Article. The contract shall include a list of the transferring professional bondsman’s pending outstanding bail bond obligations and shall be filed with the Commissioner. The contract […]
58-71-125. Persons eligible as runners; bail bondsmen to annually report runners; notices of appointments and terminations; information confidential. Every person duly licensed as a bail bondsman may appoint as runner any person who has been issued runner’s license. Each bail bondsman must, on or before July 1 of each year, furnish to the Commissioner a […]
58-71-130. Substituting bail by sureties for deposit. If money or bonds have been deposited, bail by sureties may be substituted therefor at any time before a breach of the undertaking, and the official taking the new bail shall make an order that the money or bonds be refunded to the person depositing the same and […]
58-71-135. Deposit for defendant admitted to bail authorizes release and cancellation of undertaking. When the defendant has been admitted to bail, he, or another in his behalf, may deposit with an official authorized to take bail, a sum of money, or nonregistered bonds of the United States, or of the State, or of any county, […]
58-71-140. Registration of licenses and power of appointments by insurers. (a) Before the date of the notice provided for in subsection (e) of this section, no professional bail bondsman shall become a surety on an undertaking unless he or she has registered his or her current license in the office of the clerk of superior […]
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 […]
58-71-145. Financial responsibility of professional bondsmen. Each professional bondsman acting as surety on bail bonds in this State shall maintain a deposit of securities with and satisfactory to the Commissioner of a fair market value of at least one-twelfth the amount of all bonds or undertakings written in this State on which he is absolutely […]
58-71-15. Qualifications of sureties on bail. Each and every surety for the release of a person on bail shall be qualified as: (1) An insurer and represented by a surety bondsman or bondsmen; or (2) A professional bondsman; or (3) An accommodation bondsman. (1963, c. 1225, s. 4; 1971, c. 1231, s. 1; 1975, c. […]
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 […]
58-71-155. Bondsman to furnish power of attorney with securities. With the securities deposited with the Commissioner, the professional bondsman shall at the same time deliver to the Commissioner of Insurance a power of attorney, on a form supplied by the Commissioner, executed and acknowledged by the professional bondsman authorizing the sale or transfer of said […]
58-71-16. No return of premium; bond reduction. Notwithstanding any other provision of law or rules adopted by the Commissioner under this Article, if, after an agreement has been entered into between a defendant and a surety, the defendant’s bond is reduced, the surety shall not be required to return any portion of the premium to […]
58-71-160. Security deposit to be maintained. (a) Any professional bondsman, whose security deposits with the Commissioner are, for any reason, reduced in value below the requirements of this Article, shall immediately upon receipt of a notice of deficiency from the Commissioner deposit such additional securities as are necessary to comply with the law. No professional […]
