2018 Mississippi Code
Title 73 - Professions and Vocations
Chapter 4 - Auctioneers
§ 73-4-31. Form, terms and conditions, and duration of bonds provided under chapter; liability on bonds; cancellation of bonds.

Universal Citation: MS Code § 73-4-31 (2018)
  • (1) The State of Mississippi shall be the obligee under any bond under this chapter.

  • (2) Such bond shall be:

    • (a) Executed by the person seeking the license as principal and by a corporate surety, licensed to do business in this state as a surety;

    • (b) In such form and containing such terms and conditions as the commission prescribes;

    • (c) Conditioned upon the faithful performance of all obligations of a licensee under this chapter and the rules and regulations promulgated hereunder, including the obligation to account for and pay over monies and proceeds to persons who are entitled to them; and

    • (d) Effective from the date of its filing with the commission, such bond shall not be affected by the expiration of the license period and shall continue in full force and effect until cancelled, provided that the total and aggregate liability of the surety on a bond shall be limited to the amount specified in the bond and the continuous nature of the bond shall in no way be construed as allowing the liability of the surety under a bond to accumulate for each successive license period during which the bond is in force.

  • (3)

    • (a) A licensee may not cancel a bond without the prior written approval of the commission and its approval of a substitute bond so as to provide continuous bonding of the licensee’s activities.

    • (b) The surety on a bond may cancel a bond filed under this chapter only after the expiration of ninety (90) days from the date the surety mails a notice of intent to cancel, by registered or certified mail, return receipt requested, to the commission and to the principal of the bond.

    • (c) Not later than thirty (30) days prior to the date upon which a bond cancellation becomes effective, the licensee shall give written notice to the commission that a new bond has been obtained so as to provide continuous coverage of the licensee’s activities.

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