State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-71-1

Article 71.

Bail Bondsmen andRunners.

§ 58‑71‑1. Definitions.

The following definitionsapply in this Article:

(1)        Accommodationbondsman. – A person who shall not charge a fee or receive any considerationfor action as surety and who endorses the bail bond after providingsatisfactory evidences of ownership, value, and marketability of real orpersonal property to the extent necessary to reasonably satisfy the officialtaking bond that the real or personal property will in all respects besufficient to assure that the full principal sum of the bond will be realizedif there is a breach of the conditions of the bond. "Consideration"as used in this subdivision does not include the legal rights of a suretyagainst a principal by reason of breach of the conditions of a bail bond nordoes it include collateral furnished to and securing the surety as long as thevalue of the surety's rights in the collateral do not exceed the principal'sliability to the surety by reason of a breach in the conditions of the bailbond.

(2)        Bail bond. – Anundertaking by the principal to appear in court as required upon penalty offorfeiting bail to the State in a stated amount; and may include an unsecuredappearance bond, a premium‑secured appearance bond, an appearance bondsecured by a cash deposit of the full amount of the bond, an appearance bondsecured by a mortgage pursuant to G.S. 58‑74‑5, and an appearancebond secured by at least one surety. A bail bond may also include a bondsecuring the return of a motor vehicle subject to forfeiture in accordance withG.S. 20‑28.3(e).

(3)        Bail bondsman. – Asurety bondsman, professional bondsman or an accommodation bondsman as definedin this section.

(4)        Commissioner. – TheNorth Carolina Commissioner of Insurance.

(4a)      First‑year licensee.– Any person who has been licensed as a bail bondsman or runner under thisArticle and who has held the license for a period of less than 12 months.

(5)        Insurer. – Anydomestic, foreign, or alien surety company which has qualified generally to transactsurety business and specifically to transact bail bond business in this State.

(6)        Obligor. – Aprincipal or a surety on a bail bond.

(7)        Principal. – Adefendant or witness obligated to appear in court as required upon penalty offorfeiting bail under a bail bond or a person obligated to return a motorvehicle subject to forfeiture in accordance with G.S. 20‑28.3(e).

(8)        Professionalbondsman. – Any person who is approved and licensed by the Commissioner and whopledges cash or approved securities with the Commissioner as security for bailbonds written in connection with a judicial proceeding and who receives or ispromised money or other things of value in exchange for writing the bail bonds.

(8a)      Resident. – A personwho lives in this State for at least six consecutive months immediately beforeapplying for a license under this Article.

(9)        Runner. – A personemployed by a bail bondsman for the purpose of assisting the bail bondsman inpresenting the defendant in court when required, assisting in the apprehensionand surrender of defendant to the court, keeping the defendant under necessarysurveillance, or executing bonds on behalf of the licensed bondsman when thepower of attorney has been duly recorded. "Runner" does not include aduly licensed attorney‑at‑law or a law‑enforcement officerassisting a bondsman.

(9a)      Supervising bailbondsman. – Any person licensed by the Commissioner as a professional bondsmanor surety bondsman who employs or contracts with any new licensee under thisArticle.

(10)      Surety. – One who,with the principal, is liable for the amount of the bail bond upon forfeitureof bail.

(11)      Surety bondsman. –Any person who is licensed by the Commissioner as a surety bondsman under thisArticle, is appointed by an insurer by power of attorney to execute orcountersign bail bonds for the insurer in connection with judicial proceedings,and who receives or is promised consideration for doing so. (1963, c. 1225, s. 1; 1975,c. 619, s. 1; 1995 (Reg. Sess., 1996), c. 726, s. 1; 1998‑182, s. 16;2000‑180, ss. 1, 2; 2001‑269, s. 2.1; 2007‑228, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-71-1

Article 71.

Bail Bondsmen andRunners.

§ 58‑71‑1. Definitions.

The following definitionsapply in this Article:

(1)        Accommodationbondsman. – A person who shall not charge a fee or receive any considerationfor action as surety and who endorses the bail bond after providingsatisfactory evidences of ownership, value, and marketability of real orpersonal property to the extent necessary to reasonably satisfy the officialtaking bond that the real or personal property will in all respects besufficient to assure that the full principal sum of the bond will be realizedif there is a breach of the conditions of the bond. "Consideration"as used in this subdivision does not include the legal rights of a suretyagainst a principal by reason of breach of the conditions of a bail bond nordoes it include collateral furnished to and securing the surety as long as thevalue of the surety's rights in the collateral do not exceed the principal'sliability to the surety by reason of a breach in the conditions of the bailbond.

(2)        Bail bond. – Anundertaking by the principal to appear in court as required upon penalty offorfeiting bail to the State in a stated amount; and may include an unsecuredappearance bond, a premium‑secured appearance bond, an appearance bondsecured by a cash deposit of the full amount of the bond, an appearance bondsecured by a mortgage pursuant to G.S. 58‑74‑5, and an appearancebond secured by at least one surety. A bail bond may also include a bondsecuring the return of a motor vehicle subject to forfeiture in accordance withG.S. 20‑28.3(e).

(3)        Bail bondsman. – Asurety bondsman, professional bondsman or an accommodation bondsman as definedin this section.

(4)        Commissioner. – TheNorth Carolina Commissioner of Insurance.

(4a)      First‑year licensee.– Any person who has been licensed as a bail bondsman or runner under thisArticle and who has held the license for a period of less than 12 months.

(5)        Insurer. – Anydomestic, foreign, or alien surety company which has qualified generally to transactsurety business and specifically to transact bail bond business in this State.

(6)        Obligor. – Aprincipal or a surety on a bail bond.

(7)        Principal. – Adefendant or witness obligated to appear in court as required upon penalty offorfeiting bail under a bail bond or a person obligated to return a motorvehicle subject to forfeiture in accordance with G.S. 20‑28.3(e).

(8)        Professionalbondsman. – Any person who is approved and licensed by the Commissioner and whopledges cash or approved securities with the Commissioner as security for bailbonds written in connection with a judicial proceeding and who receives or ispromised money or other things of value in exchange for writing the bail bonds.

(8a)      Resident. – A personwho lives in this State for at least six consecutive months immediately beforeapplying for a license under this Article.

(9)        Runner. – A personemployed by a bail bondsman for the purpose of assisting the bail bondsman inpresenting the defendant in court when required, assisting in the apprehensionand surrender of defendant to the court, keeping the defendant under necessarysurveillance, or executing bonds on behalf of the licensed bondsman when thepower of attorney has been duly recorded. "Runner" does not include aduly licensed attorney‑at‑law or a law‑enforcement officerassisting a bondsman.

(9a)      Supervising bailbondsman. – Any person licensed by the Commissioner as a professional bondsmanor surety bondsman who employs or contracts with any new licensee under thisArticle.

(10)      Surety. – One who,with the principal, is liable for the amount of the bail bond upon forfeitureof bail.

(11)      Surety bondsman. –Any person who is licensed by the Commissioner as a surety bondsman under thisArticle, is appointed by an insurer by power of attorney to execute orcountersign bail bonds for the insurer in connection with judicial proceedings,and who receives or is promised consideration for doing so. (1963, c. 1225, s. 1; 1975,c. 619, s. 1; 1995 (Reg. Sess., 1996), c. 726, s. 1; 1998‑182, s. 16;2000‑180, ss. 1, 2; 2001‑269, s. 2.1; 2007‑228, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-71-1

Article 71.

Bail Bondsmen andRunners.

§ 58‑71‑1. Definitions.

The following definitionsapply in this Article:

(1)        Accommodationbondsman. – A person who shall not charge a fee or receive any considerationfor action as surety and who endorses the bail bond after providingsatisfactory evidences of ownership, value, and marketability of real orpersonal property to the extent necessary to reasonably satisfy the officialtaking bond that the real or personal property will in all respects besufficient to assure that the full principal sum of the bond will be realizedif there is a breach of the conditions of the bond. "Consideration"as used in this subdivision does not include the legal rights of a suretyagainst a principal by reason of breach of the conditions of a bail bond nordoes it include collateral furnished to and securing the surety as long as thevalue of the surety's rights in the collateral do not exceed the principal'sliability to the surety by reason of a breach in the conditions of the bailbond.

(2)        Bail bond. – Anundertaking by the principal to appear in court as required upon penalty offorfeiting bail to the State in a stated amount; and may include an unsecuredappearance bond, a premium‑secured appearance bond, an appearance bondsecured by a cash deposit of the full amount of the bond, an appearance bondsecured by a mortgage pursuant to G.S. 58‑74‑5, and an appearancebond secured by at least one surety. A bail bond may also include a bondsecuring the return of a motor vehicle subject to forfeiture in accordance withG.S. 20‑28.3(e).

(3)        Bail bondsman. – Asurety bondsman, professional bondsman or an accommodation bondsman as definedin this section.

(4)        Commissioner. – TheNorth Carolina Commissioner of Insurance.

(4a)      First‑year licensee.– Any person who has been licensed as a bail bondsman or runner under thisArticle and who has held the license for a period of less than 12 months.

(5)        Insurer. – Anydomestic, foreign, or alien surety company which has qualified generally to transactsurety business and specifically to transact bail bond business in this State.

(6)        Obligor. – Aprincipal or a surety on a bail bond.

(7)        Principal. – Adefendant or witness obligated to appear in court as required upon penalty offorfeiting bail under a bail bond or a person obligated to return a motorvehicle subject to forfeiture in accordance with G.S. 20‑28.3(e).

(8)        Professionalbondsman. – Any person who is approved and licensed by the Commissioner and whopledges cash or approved securities with the Commissioner as security for bailbonds written in connection with a judicial proceeding and who receives or ispromised money or other things of value in exchange for writing the bail bonds.

(8a)      Resident. – A personwho lives in this State for at least six consecutive months immediately beforeapplying for a license under this Article.

(9)        Runner. – A personemployed by a bail bondsman for the purpose of assisting the bail bondsman inpresenting the defendant in court when required, assisting in the apprehensionand surrender of defendant to the court, keeping the defendant under necessarysurveillance, or executing bonds on behalf of the licensed bondsman when thepower of attorney has been duly recorded. "Runner" does not include aduly licensed attorney‑at‑law or a law‑enforcement officerassisting a bondsman.

(9a)      Supervising bailbondsman. – Any person licensed by the Commissioner as a professional bondsmanor surety bondsman who employs or contracts with any new licensee under thisArticle.

(10)      Surety. – One who,with the principal, is liable for the amount of the bail bond upon forfeitureof bail.

(11)      Surety bondsman. –Any person who is licensed by the Commissioner as a surety bondsman under thisArticle, is appointed by an insurer by power of attorney to execute orcountersign bail bonds for the insurer in connection with judicial proceedings,and who receives or is promised consideration for doing so. (1963, c. 1225, s. 1; 1975,c. 619, s. 1; 1995 (Reg. Sess., 1996), c. 726, s. 1; 1998‑182, s. 16;2000‑180, ss. 1, 2; 2001‑269, s. 2.1; 2007‑228, s. 1.)