KRS 286.13-050: Bond -- Evidence of net worth -- Administrative regulation. (Effective
Where this section sits in the code
April 30, 2027)
(1) As used in this section:
(a) "Bond" means:
1. A surety bond; or
2. Another similar security acceptable to the commissioner;
(b) "Net worth" means asset s less liabilities as determined by generally accepted
accounting principles; and
(c) "Person" includes any applicant and licensee.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection, an applicant
shall submit with its license applica tion, and a licensee shall at all times
maintain, a bond in an amount that is not less than five hundred thousand
dollars ($500,000).
(b) The commissioner may require an applicant to submit before a license is
issued, and a licensee to maintain at all time s, a bond in an amount in excess
of five hundred thousand dollars ($500,000) but not exceeding five million
dollars ($5,000,000) if the commissioner determines the additional amount is
necessary to cover the nature and extent of risks associated with the v irtual
currency kiosk business activity in this state of the:
1. Applicant and its proposed agents; or
2. Licensee and its agents.
(c) An applicant or a licensee that is required to increase its bond under paragraph
(b) of this subsection shall submit to the commissioner evidence that it has
secured the additional bond amount not later than thirty (30) days after the
applicant or licensee is notified by the commissioner in writing of the required
increase.
(3) (a) The bond required under this section shall:
1. Be in a form satisfactory to the commissioner;
2. Hold and bind the principal and surety to the Commonwealth of
Kentucky for the be nefit of any claimants against the person and its
agents to secure the faithful performance of the obligations of the person
and its agents in accordance with the requirements of this subtitle,
including the payment of unpaid fee amounts and civil monetary
penalties due to the department under this subtitle;
3. Except as provided in paragraph (e) of this subsection, cover claims
brought by a claimant for as long as the commissioner specifies, but not
less than five (5) years after the later of the following:
a. The date of any violation of this subtitle by the person or its
agents; or
b. The date the person ceases to do business in this state;
4. Be continuous and remain in effect until canceled;
5. Require the person and surety to provide the commissioner at least thirty
(30) days' written notice of an intent to cancel the bond; and
6. Provide that cancellation of the bond shall not affect any liability
incurred or accrued under the bond during the thirty (30) day notice
period required under subparagraph 5. of this paragraph.
(b) The aggregate liability on a bond shall not exceed the principal sum of the
bond.
(c) A claimant may maintain a civil action on a bond.
(d) The commissioner may maintain a civil action on a bond on behalf of the
department or any other claimant in the Franklin Circuit Court or in any other
court of competent jurisdiction, either in one (1) action or successive actions.
(e) The commissioner may permit the amount of a bond to be reduced or
eliminated after a person ceases to do busines s in this state to the extent the
amount of a person's and its agents' outstanding obligations in this state are
reduced.
(4) In addition to the bond required under this section, an applicant shall submit with its
license application, and a licensee shall at all times maintain, evidence of a net
worth that is not less than five hundred thousand dollars ($500,000).
(5) The commissioner may promulgate an administrative regulation in accordance with
KRS Chapter 13A or issue an order to:
(a) Exercise his or her discretion under this section; or
(b) Otherwise carry out the requirements of this section.
Collected 2026-09-05T20:57:16Z. Source file · JSON