Bail Bond Regulatory

Surety Insurance Companies-Bail Bond Authority

Hot Topics

Appointments and Terminations

All company appointments for surety bail bondsmen are required to be sent to the Agent Services Division for processing.

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.

Additional information on surety bail bondsmen appointments is located in the FAQs for surety insurance companies

Company Surety Bail Bondsmen Terminations

All company terminations for surety bail bondsmen appointments are required to be sent to the Agent Services Division for processing.

An insurer terminating the appointment of a surety bondsman shall file a written notice of the termination with the Commissioner, together with a statement that the insurer has given or mailed notice of the termination to the surety bondsman. The notice to the Commissioner shall state the reasons, if any, for the termination. Information furnished in the notice to the Commissioner shall be privileged and shall not be used as evidence in or basis for any action against the insurer or any of its representatives.

Company Annual Appointment Reporting Requirements

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 on or after July 1 of each year shall notify the Commissioner of the appointment. All appointments are subject to the issuance of the proper license to the appointee under this Article.

Rules and Regulations Regarding Appointments and Terminations

Bail Bonding Agencies and Bail Bond Managing General Agents are not licensed or appointed in North Carolina.

Legislative Change Resources

2015 Legislative Updates

S.L. 2015-180 - AN ACT TO AMEND THE STATUTES GOVERNING BAIL BONDSMEN TO INCREASE THE AGE OF QUALIFICATION FOR LICENSURE AS A BAIL BONDSMAN OR RUNNER, TO LENGTHEN THE TIME LIMIT FOR THE RETURN OF SECURITY TO INCLUDE THE TIME PERIOD IN WHICH AN APPEAL FROM DISTRICT COURT MAY BE FILED, TO REQUIRE THE COMMISSIONER OF INSURANCE TO RETURN THE AMOUNT OF A BONDSMAN'S SECURITY DEPOSIT ABOVE OUTSTANDING BOND LIABILITY IN EVENT THE BONDSMAN IS KILLED OR CEASES WRITING BONDS, AND TO ALLOW A BONDSMAN TO HAVE ACCESS TO THE ADMINISTRATIVE OFFICE OF THE COURTS' CIVIL INFORMATION SYSTEMS.

S.L. 2015-180 was signed by the Governor and became effective August 5, 2015.

Section 1 of S. L. 2015-180 amends G.S. 58-71-50 (b)(1) to require bondsmen to be 21 years of age or over effective August 5, 2015. This applies to applications for licenses filed on or after the August 5, 2015 date.

Section 2 of S.L. 2015-180 amends G.S. 58-71-95(5) to increase the amount of time for return of collateral security or other indemnity requested by the bondsmen to 15 days after final termination of liability on the bond.

Section 3 of S.L. 2015-180 amends GS. 58-71-151 adding language to indicate how security deposits can be returned. "If a bondsman discontinues writing bonds due to death, permanent incapacitation, or some other circumstance that results in the bondsman returning the license issued under this Article to the Commissioner and the Commissioner is satisfied that no more bonds can be written against the bondsman's security deposit, the Commissioner shall return the portion of the security deposit in excess of that required to secure the bondsman's outstanding bond liability."

Section 4 amends G.S. 58-71-200 to allow all actively licensed professional bail bondsmen, surety bail bondsmen, and bail bond runners to request access to the North Carolina Administrative Office of the Courts' (NCAOC) civil records, in addition to criminal records. Bondsmen and runners requesting access to the Automated Criminal/Infractions System (ACIS) and the Civil Case Processing System (VCAP) pursuant to G.S. 58-71-200 should follow these "Instructions for NCAOC's Criminal (ACIS) and Civil (VCAP) Systems Access for Bondsmen and Runners"

All questions about these Instructions for Bondsmen and Runners requesting access to NCAOC's Criminal and Civil Data should be directed to NCAOC's Access Administration team at 919-890-2221 or security@nccourts.org.

Please contact Agent Services Division at 919-807-6800 if you have any questions.

Rules and Regulations

North Carolina General Statutes (NCGS)

North Carolina Administrative Code (NCAC)