North Carolina § 58-71-141 - Appointment of bail bondsmen; affidavit required.

§ 58-71-141. Appointment of bail bondsmen; affidavit required.

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. The Commissioner shall adopt rules, including rules regarding the procedures for appeals and stays of the requirements of this section, to implement this section. 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. History (2003-148, s. 1; 2007-507, s. 13.) Editor's Note. - Session Laws 2007-507, s. 13, which, in subsection (a), substituted "Before" for "Prior to" at the beginning, inserted "and shall be submitted by the surety bondsman to the former insurer" at the end of the second sentence, added the fourth sentence, substituted "notice" for "notification" in the fifth sentence, substituted "after receiving the" for "of the receipt of" and inserted "and supporting documents" in the last sentence, and, in subsection (b), substituted "procedures for" for "process of," was effective January 1, 2008, and applicable to fees or charges due, and actions occurring, on or after that date. Effect of Amendments. - Session Laws 2007-507, s. 13, effective January 1, 2008, and applicable to fees or charges due, and actions occurring, on or after that date, in subsection (a), substituted "Before" for "Prior to" at the beginning, inserted "and shall be submitted by the surety bondsman to the former insurer" at the end of the second sentence, added the fourth sentence, substituted "notice" for "notification" in the fifth sentence, substituted "after receiving the" for "of the receipt of" and inserted "and supporting documents" in the last sentence; substituted "procedures for" for "process of" in subsection (b).