32-1022

32-1022. Contents of financial statement; bond
provisions

A. The financial statement required by section 32-1021 shall be sworn to by the
applicant, if he is an individual, or by a partner, director, manager or treasurer in its
behalf if the applicant is a partnership, corporation or incorporated association. The
information in the financial statement shall be confidential and is not a public record.

B. The bond shall run to the people of the state and shall be executed and
acknowledged by the applicant as principal and by a corporation, licensed by this state
to transact fidelity and surety insurance business, as surety. The bond shall be
continuous in form and shall remain in full force and effect at all times while holding a
license. The bond shall be conditioned that the applicant, within thirty days from the
last day of the month in which a collection is made, shall make an account of and pay to
the client the proceeds collected for him by the applicant, less charges for collection
in accordance with the agreement between the applicant and client, but when the amount
due the client is less than five dollars, payment may be deferred for an additional
thirty days.

C. Any surety company intending to withdraw as surety of any licensee shall give
sixty days' notice of such intention to the superintendent, which notice shall be by
registered mail and shall also give sixty days' notice by registered mail to the licensee
addressed to his last known address. When a surety shall for any cause cancel the bond
of any licensee, the superintendent shall immediately notify such licensee by registered
mail addressed to his last known address as shown by the files of the department. The
license of any licensee shall be void unless, prior to the termination, a new bond has
been filed with the department. A licensee changing his surety shall file a new bond
with the department with a surety on the new bond meeting the qualifications of this
section.

D. Notwithstanding section 35-155, in lieu of the bond described in this section,
an applicant for a license or renewal of a license may deposit with the superintendent a
deposit in the form of cash or alternatives to cash in the amount prescribed under
section 32-1021. The superintendent may accept any of the following as an alternative to
cash:

1. Certificates of deposit or investment certificates which are payable or assigned
to the state treasurer, issued by banks doing business in this state and fully insured by
the federal deposit insurance corporation or any successor institution.

2. Certificates of deposit, investment certificates or share accounts which are
payable or assigned to the state treasurer, issued by a savings and loan association or
savings bank doing business in this state and fully insured by the federal deposit
insurance corporation or any successor institution.

3. Certificates of deposit, investment certificates or share accounts which are
payable or assigned to the state treasurer, issued by a credit union doing business in
this state and fully insured by the national credit union administration or any successor
institution.

E. The superintendent shall deposit the cash or alternative to cash received under
this section with the state treasurer. The state treasurer shall hold the cash or
alternatives to cash in the name of this state to guarantee the faithful performance of
all legal obligations of the person required to post bond pursuant to section 32-1021,
subsection B. The person is entitled to receive any accrued interest earned from the
alternatives to cash. The state treasurer may impose a fee to reimburse the state
treasurer for administrative expenses. The fee shall not exceed ten dollars for each
cash or alternative to cash deposit and shall be paid by the applicant for a license or
renewal of a license. The state treasurer may prescribe rules relating to the terms and
conditions of each type of security provided by this section.

F. In addition to such other terms and conditions as the superintendent prescribes
by rule or order, the principal amount of the deposit shall be released only on written
authorization of the superintendent or on the order of a court of competent
jurisdiction. The principal amount of the deposit shall not be released before the
expiration of three years from the first to occur of any of the following:

1. The date of substitution of a bond for a cash alternative.

2. The surrender of the license.

3. The revocation of the license.

4. The expiration of the license.

G. A suit may not be commenced on a bond or cash or alternatives to cash later than
three years following the act or acts on which the suit is based, except that for claims
of fraud or mistake, the period of limitations shall be measured as prescribed in section
12-543, paragraph 3.