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

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

(a)        Before receiving anappointment, a surety bondsman shall submit to the Commissioner an affidavit,signed under oath, by the surety bondsman and by any former insurer, statingthat the surety bondsman does not owe any premium or unsatisfied judgment toany insurer and that the bondsman agrees to discharge all outstandingforfeitures and judgments on bonds previously written. The affidavit shall bein a form prescribed by the Commissioner and shall be submitted by the suretybondsman to the former insurer. If the surety bondsman does not satisfy ordischarge all forfeitures or judgments, the former insurer shall submit anotice, with supporting documents, to the appointing insurer, the surety bondsman,and the Commissioner, which states, under oath, that the surety bondsman hasfailed to satisfy, in a timely manner, the forfeitures and judgments on bondswritten by the surety bondsman and that the former insurer has satisfied theforfeiture or judgment from its own funds. The former insurer shall submit thenotice and supporting documents to the appointing insurer, the surety bondsman,and the Commissioner within 30 days after the former insurer receives theaffidavit from the surety bondsman. Upon receipt of the notice and supportingdocuments, the appointing insurer shall immediately cancel the suretybondsman's appointment. The surety bondsman may be reappointed only uponcertification by the former insurer that all forfeitures and judgments on bondswritten by the surety bondsman have been discharged. The appointing insurer orsurety bondsman may, within 10 days after receiving the notice and supportingdocuments from the former insurer, appeal to the Commissioner.

(b)        The Commissionershall adopt rules, including rules regarding the procedures for appeals andstays of the requirements of this section, to implement this section.

(c)        As used in thissection, "former insurer" means the insurer with whom the suretybondsman had a prior appointment and who is responsible for any outstandingbonds written by the surety bondsman. (2003‑148, s. 1; 2007‑507, s. 13.)