§ 2312 — Immigration bond premium

New York § 2312

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 23: Property/casualty Insurance Rates

Text

§ 2312. Immigration bond premium. (a) The premium for giving an\nimmigration bond or depositing money or property as immigration bail in\nany court having immigration jurisdiction or in any immigration action\nor proceeding shall not exceed ten per centum of the amount of such bond\nor deposit in actions where such bonds or deposits do not exceed the sum\nof three thousand dollars. Where such bonds or deposits exceed the sum\nof three thousand dollars, the premium shall not exceed ten per centum\nof the first three thousand dollars and eight per centum of the excess\namount over three thousand dollars up to ten thousand dollars and six\nper centum of the excess amount over ten thousand dollars.\n (b) No person, firm, corporation, or other entity, including an\ninsurance producer, shall:\n (1) charge, collect, or receive, directly or indirectly, any fee or\ncompensation in connection with an immigration bail deposit or\nimmigration bond, other than the premium based on rates subject to the\nmaximum specified in subsection (a) of this section and filed with the\nsuperintendent by the insurer pursuant to this article, notwithstanding\nsubsection (c) of section two thousand one hundred nineteen of this\nchapter; or\n (2) accept any fee or compensation for obtaining a license or for\nobtaining an insurance producer or immigration bond or for an\nimmigration bail deposit.\n (c) Any person, firm, corporation, or other entity that violates this\nsection shall be guilty of a misdemeanor. An indemnitor may maintain a\ncause of action in a court of competent jurisdiction against any person,\nfirm, corporation, or other entity to recover any fee or compensation in\nexcess of the amount authorized pursuant to this section. The person,\nfirm, corporation, or other entity shall, in any action brought by an\nindemnitor to recover any such overcharge, be liable for treble damages.\n (d) Any agreement, or portion thereof, entered into requiring the\nwaiving of the requirements of this section or otherwise in violation of\nthis section shall be void and unenforceable.\n