Section 538A.4. Bond — surety account.

  1.  This section applies to a credit services organization required by section 538A.3, subsection 1, to obtain a surety bond or establish a surety account.

  2.  If a bond is obtained, a copy of it shall be filed with the secretary of state. If a surety account is established, notification of the depository, the trustee, and the account number shall be filed with the secretary of state.

  3.  If a bond is obtained, the bond shall be executed by a surety company authorized to do business in this state, and the bond shall be continuous in nature until canceled by the surety with not less than thirty days’ written notice to both the credit services organization and to the secretary of state. The notice shall indicate the surety’s intent to cancel the bond effective on a date at least thirty days after the date of the notice.

  4.  The bond or surety account required must be in favor of the state for the benefit of any person who is damaged by a violation of this chapter.

  5.  A person claiming against the bond or surety account for a violation of this chapter may maintain an action at law against the credit services organization and against the surety or trustee. The surety or trustee is liable only for damages awarded under section 538A.9, subsection 1, and not the punitive damages permitted under that section. The aggregate liability of the surety or trustee to all persons damaged by a credit services organization’s violation of this chapter shall not exceed the amount of the surety account or bond.

  6.  The bond or the surety account shall be in an amount of at least ten thousand dollars.

  7.  A depository holding money in a surety account under this chapter shall not convey money in the account to the credit services organization that established the account or a representative of the credit services organization unless the credit services organization or representative presents a statement issued by the secretary of state indicating that section 538A.5, subsection 6, has been satisfied in relation to the account. The secretary of state may conduct investigations and require submission of information as necessary to enforce this subsection.

89 Acts, ch 183, §4

CS89, §533C.4

C93, §538A.4