HRS §449-9
Bond required before escrow license starts
Before an escrow company can get its license, it must give the state a bond of at least $100,000. The bond makes sure the company handles money and property correctly and pays any court judgments against it. Instead of a bond, the company can deposit cash, a letter of credit, or approved securities.
The statute, as written — Escrow depository's bond
Before an escrow depository's license becomes effective, the escrow depository shall give a bond to the commissioner in the penal sum of not less than $100,000 executed by a surety insurer authorized in this State, conditioned: (1) That the escrow depository will honestly, faithfully, and with diligence apply all funds, other consideration, or property and instruments affecting title in accordance with the instructions under which the same were deposited with it, and will promptly account for the same; and (2) That the escrow depository will satisfy all judgments and decrees which may be recovered against it in any action or proceeding brought under this chapter. The aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the penal sum of the bond. In lieu of the bond, an escrow depository may deposit cash, a letter of credit, or securities acceptable to the commissioner.
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