§ 38a-660d — Fiduciary duty. Record-keeping. Penalty.

(a) All premiums, including any part of a premium that a surety bail bond agent is obligated to return to a principal or indemnitor, and other funds belonging to insurers or others that are received by a surety bail bond agent in performing such agent's duties as a surety bail bond agent shall be deemed trust funds received by such agent in a fiduciary capacity. Such agent shall account for and pay the same to the insurer or persons entitled to such funds pursuant to the surety bail bond agent's contract with the insurer or managing general agent. No fees, expenses or charges of any kind shall be deducted from any premium the surety bail bond agent is obligated to return to a principal or indemnitor, except as authorized under sections 38a-660b to 38a-660k, inclusive. (b) A surety bail bond agent shall keep and make available to the commissioner or the commissioner's designee any books, accounts and records as necessary to enable the commissioner to determine whether such agent is complying with the provisions of sections 38a-660b to 38a-660k , inclusive. A surety bail bond agent shall preserve the books, accounts and records pertaining to a premium payment for at least three years after making such payment. Records that are preserved by photographic or digital reproduction or records that are in photographic or digital form shall be deemed to be in compliance with this subsection. (c) Any surety bail bond agent who diverts or appropriates any of the funds received under subsection (a) of this section for such agent's own use shall be subject to the penalties for larceny under sections 53a-122 to 53a-125b , inclusive, depending on the amount involved.

Legislative History

(P.A. 11-45, S. 5.)