1. A. Every "bondsman" shall file with the undertaking an affidavit stating whether or not he or anyone for his use has been promised or has received any security or consideration for his undertaking, and if so, the nature and description of security and amount thereof, and the name of the person by whom such promise was made or from whom such security or consideration was received. Any willful misstatement in such affidavit relating to the security or consideration promised or given shall render the person making it subject to the same prosecution and penalty as one who commits the felony of perjury.
2. B. An action to enforce any indemnity agreement shall not lie in favor of the surety against such indemnitor, except with respect to agreements set forth in such affidavit. In an action by the indemnitor against the surety to recover any collateral or security given by the indemnitor, such surety shall have the right to retain only such security or collateral as it mentioned in the affidavit required above.
3. C. If security or consideration other than that reported on the original affidavit is received after the affidavit is filed with the court clerk, an amended affidavit shall be filed with the court clerk indicating such receipt of security or consideration.

Laws 1965, HB 642, c. 184, § 22, eff. January 1, 1966; Amended by Laws 1993, SB 307, c. 170, § 4, eff. September 1, 1993; Amended by Laws 1997, HB 1213, c. 133, § 510, (effective date changed to July 1, 1999 by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, effective June 19, 1998 (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 371, emerg. eff. July 1, 1999 (superseded document available).