California Bail Agent Licensing

The following California Bail Licensing regulations and laws are taken from Title 10, Article 2 of the California Code of Regulations, the California Insurance Code (sections relevant to the undertaking of bail) and Penal Code (as related to bail).

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Administration of licensee’s estate; temporary license

Insurance

1810.8

Agent’s license

Insurance

1802

Application fees; bail license

Insurance

1811

Application for return of securities

Insurance

1804

Application; form and contents

Insurance

1802.73

Applications; license; forms

Title 10

2055

Associations; prior prohibited

Title10

2058

Associations; prohibited

Title 10

2057

Bail agent; includes copartners

Title 10

2054.2

Bail license application

Insurance

1804

Bail license application fees

Insurance

1811

Bail license application; construction

Title 10

2053

Bail license applications; forms

Title 10

2055

Bail license examinations

Insurance

1810.5

Bail license renewal

Insurance

1810.9

Bail license; education requirements

Insurance

1810.7

Bail license; qualifications

Title 10

2056

Bail license; requirements`

Insurance

1805

Bail license; temporary for executor of licensee’s estate

Insurance

1810.8

Bail; qualifications; conditions

Penal

1292

Continue; notice of intent to continue license

Insurance

1808

Death; licensee; terminates

Insurance

1710

Delivery; securities to applicant

Insurance

1802.77

Education requirements

Insurance

1810.7

Eligibility to hold license; organization ceases

Insurance

1711

Examination; scope

Insurance

1677

Examinations

Insurance

1810.5

Examinations; frequency; scope

Insurance

1810.6

Executor of licensee’s estate; temporary bail license

Insurance

1810.8

Expiration; license

Insurance

1808

Fees; filing agent application et al

Insurance

1811

Filings; necessary notices

Title 10

2095

Financial records; disclosure

Insurance

1703

Imprisonment for violations

Insurance

1814

Investment; application

Title 10

2053

License application

Insurance

1804

License application fees

Insurance

1811

License application; forms

Title 10

2055

License examinations

Insurance

1810.5

License periods

Insurance

1807.7

License renewal

Insurance

1810.9

License requirements

Insurance

1800

License; agent

Insurance

1802

License; bail; qualifications

Title 10

2056

License; expiration

Insurance

1808

License; notice of intent to continue

Insurance

1808

License; notice of intent to continue

Insurance

1808

License; renewal application

Insurance

1813

License; time frame for issuance

Insurance

1670

Licensing; natural persons; corporations

Insurance

1810

Natural persons; license

Title 10

2060

Natural persons; licensing

Insurance

1810

Order for discharge; release on bail

Penal

1280

Prior prohibited associations

Title 10

2058

Public authority; compliance

Title 10

2075

Qualification of bail; justification of sureties

Penal

1279

Qualifications; bail license

Title 10

2056

Renewal; license

Insurance

1808/1810.9

Requirements; bail license issuance

Insurance

1805

Successor; bail license

Insurance

1802.2

Violations; fines and imprisonment

Insurance

1814

Administration of licensee’s estate; temporary license

Insurance Code 1810.8
See also Insurance Commissioner

1810.8. The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agent's license or bail permittee's license, permitting such party to act as such representative to exercise the rights and privileges of such a license holder for the purpose of conducting the business of the estate for a period of one year from and after the date of the death, pending, but not after, the disposal of the business.

Agent’s license

Insurance Code 1802 See also Surety Company

1802. A bail agent's license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, his solicitors licensed pursuant to his appointment, and his employees, in favor of the people of the State of California.

Application fees; bail license

Insurance Code 1811 See also Insurance Commissioner

1811. For his services in connection with the filing of any application or request for any license under this chapter, the commissioner shall charge and collect the following fees: (a) For filing an application or request for bail agent's license, one hundred eighteen dollars ($118). (b) For filing an application or request for bail solicitor's license, one hundred eighteen dollars ($118). (c) For filing an application or request for bail permittee's license, two hundred thirty-six dollars ($236). (d) For filing an application for examination, or reexamination twenty-four dollars ($24). (e) For filing each annual notice of intention to keep a bail agent's license in force or a renewal application, a fee of thirty-five dollars ($35). In the case of a bail agent with more than one valid notice of appointment on file, the fee to be charged pursuant to this subsection shall be the fee provided herein multiplied by the number of insurers whose valid appointments are on file at the date such document is filed unless such bail agent in such document advises the commissioner of his intent to terminate the appointment of one or more such insurers, in which event the fee shall be based upon the number for insurers remaining. (f) For filing each renewal notice of intention to keep a bail solicitor's license in force or a renewal application, a fee of thirty-five dollars ($35). (g) For filing each renewal notice of intention to keep a bail permittee's license in force or a renewal application, a fee of one hundred forty-eight dollars ($148). (h) At the time of filing an application for a license, if hundred forty-eight dollars ($148). (h) At the time of filing an application for a license, if a qualifying examination is required for issue or in connection with such license, the fee for filing the first application to take the qualifying examination shall be paid at the time of filing application for the license. (i) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, twelve dollars ($12), except that there shall be no fee when such name is contained in an original application. (j) For filing a bond required by this chapter, except when such bond constitutes part of an original application, ten dollars ($10). (k) For filing a first amendment to an application, six dollars ($6). (l) For filing a second and each subsequent amendment to an application, twelve dollars ($12).

Application for return of securities

Insurance Code 1804

1804. An applicant for bail license shall file with the commissioner an application in such form and having such supporting documents as the commissioner prescribes, except that the application shall be verified in the manner provided for verification of complaints in civil cases. The commissioner shall investigate the licensees in such manner and in respect to such matters as he deems advisable.

Application; form and contents 

Insurance Code 1802.73

1802.73. The application shall be in writing, verified, and shall state: (a) The nature of all bail licenses held by the applicant and the period during which the applicant was authorized to transact bail business under each; (b) All of the counties in which the applicant transacted bail under the authority of each license; (c) That all bail transacted by applicant, and his solicitors and employees, if any, has been exonerated by order of court, and that his liability as surety on all bail transactions has been discharged; (d) The date upon which the last liability of the applicant on a bail transaction was fully exonerated and discharged; (e) That all moneys collected or received by the applicant, and his solicitors and employees, if any, have been paid to the person or persons entitled thereto and have in all respects been fully and properly accounted for.

Applications; license; forms

Title 10 2055
See also Insurance Commissioner

2055. Applications; Forms
All applications for original or renewal bail licenses shall be on forms furnished by the commissioner. All applicants for such licenses and all bail licensees shall furnish such supplementary information and supporting statements as the commissioner may require.

Associations; prior prohibited

Title 10 2058 See also Unlawful or Prohibited

2058. License; Prior Prohibited Associations
An unrestricted original bail license shall not be issued to any person if within the two year period immediately prior to his application a license would not have been issued to him for any of the reasons specified in Section 2057 (a); but a restricted bail license may be issued to such person if he presents evidence satisfactory to the commissioner
that his bail business will be conducted in a county other than any county wherein he was employed by or associated with a court of law or law enforcement agency; or that such business will be conducted only in a part of the same county so remote from the place of his prior employment that such employment will have no affect on his conduct of his bail business.

Associations; prohibited 

Title 10 2057 See also Unlawful or Prohibited

2057. Prohibited Associations
An original or renewal bail license shall not be issued to any person nor shall it be kept in force if he is:
(a) Regularly or frequently employed by or associated with:
(1) A court of law in respect to its exercise of its criminal jurisdiction, if any,
(2) A public law enforcement agency possessing the power of arrest and detention of persons suspected of violating the law in the specific terms of the statutes establishing and governing the agency.
(b) A private patrol operator.
(c) An active member of the State Bar of California.
(d) An associate of persons of bad general or bad business reputation, or criminals, except to the extent that such association is required in the transaction of bail with such persons.
(e) In case the associations defined in (d) above are only with persons related to the licensee or applicant by blood or marriage, on good cause shown the commissioner may issue the license applied for or a restricted license, or may revoke an existing license and issue in lieu thereof a restricted license.

Bail agent; includes copartners

Title 10   2054.2

2054.2. “Bail Agent" or “Permittee" Includes Copartners
Whenever the term “bail agent” or “permittee" is used in this article, such term includes the members of a partnership of bad [bail] agents or permittees if applicable. effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, his solicitors licensed pursuant to his appointment, and his employees, in favor of the people of the State of California.

Bail license application 

Insurance Code              1804

Bail license application fees  

Insurance Code              1811

Bail license application; construction 

Title 10                  2053

2053. Application; Construction
This article as amended is applicable to all applications for licenses filed after the
effective date of such amendments, to all transactions or severable portions thereof
occurring thereafter and to the keeping of all records pertaining to such transactions or
severable portions thereof. All such applications filed prior thereto and all transactions
or severable portions hereof occurring prior thereto and the keeping of records
pertaining thereto shall be governed by the provisions of this article which were in effect
prior to such date. Insofar as the provisions of this article are substantially the same as
the provisions of this article as it read prior to said effective date, they shall be
construed as restatements and continuations thereof and not as new provisions.
Note: Authority cited for Article 2 (2053-2104, inclusive), Section 1812,
Insurance Code. Reference: Sections 1800-1822, California Insurance Code.
History
1. Repealer of Article 2 (2055-2102, inclusive) filed 11-30-53, designated
effective 1-1-54; new Article 2 (2053-2104, inclusive) filed 11-30-53,
designated effective 12-1-53 as therein specified (Register 53, No. 22).
2. Repealer of 2053,2053.1 and 2053.2 filed 12-11-53 as an emergency;
designated effective 1-1-54; new 2053, 2053.1 and 2053.2 filed 12-11-53 as
an emergency; designated effective 1-1-54 (Register 53, No. 22).
3. Repealer of Article 2 (Sections 2053-2104) and new Article 2 (Sections
2053-2104) filed 9-12-77; effective thirtieth day thereafter (Register 77,
No. 38).

Bail license applications; forms

Title 10                  2055

Bail license examinations

Insurance Code 1810.5 See also Insurance Commissioner

1810.5. The commissioner shall not issue a bail license to any person unless and until the applicant takes and passes an examination given by the commissioner as provided in this chapter. This prohibition shall not apply with respect to persons who were licensed under this chapter during any part of the annual period terminating on the July 1st preceding the time to be covered by the license applied for.

Bail license renewal 

Insurance Code              1810.9

1810.9. A renewal license shall be issued by the commissioner to a licensee upon proof of current licensure, payment of a renewal fee, and completion of the continuing education requirements as required by subdivision (a) of Section 1810.7.

Bail license; education requirements  

Insurance Code              1810.7

1810.7. (a) In order to be eligible to take the examination required to be licensed under this chapter, the applicant shall have completed not less than 12 hours of classroom education in subjects pertinent to the duties and responsibilities of a bail licensee, including, but not limited to, all laws and regulations related thereto, rights of the accused, ethics, and apprehension of bail fugitives. Additionally, a licensee shall complete annually not less than six hours of continuing education in these subjects prior to renewal of his or her license. (b) The commissioner shall approve or disapprove an applicant to provide education for licensure as required by this section within 90 days of receipt of the applicant's full and complete application. However, this 90-day period shall be tolled during the pendency of any investigation of the applicant by the commissioner for an alleged violation that would, if proven, result in the suspension, revocation, or denial of the provider's approval to provide continuing education to bail agents as prescribed in Section 1813. Failure to disapprove an applicant within this period shall result in the automatic approval of the application. Approval shall be valid for two years. The commissioner may, at any time, disapprove any provider who is not qualified or whose course outlines are not approved, who is not of good business reputation, or who is lacking in integrity, honesty, or competency. A provider shall not provide education for licensure following the expiration of the two-year approval period unless the commissioner has renewed the provider's approval. The commissioner shall, at the time of renewal, approve or disapprove the course outlines and schedule of classes to be provided. (c) Providers responsible for providing education for licensure under this chapter shall consult with the California State Sheriffs' Association, the California District Attorneys Association, and the County Counsels Association of California prior to submission of the course outlines for approval by the commissioner, and these entities may respond within 30 days of receipt of a request for consultation from a provider. Providers shall maintain records of their requests for consultation and any responses from these entities, and make these records available to the department for review as requested. The bail license fee shall be increased, the amount of which shall be determined by the commissioner, which shall be deposited in the Insurance Fund for the purposes of recovering the administrative costs for meeting the conditions and purposes of this section. Providers of education or continuing education shall offer courses to all applicants at the same course fees. (d) Any person who falsely represents to the commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1814. (e) A licensee shall not be required to comply with the continuing education requirements of this section if the licensee submits proof satisfactory to the commissioner that he or she has been a licensee in good standing for 30 continuous years in this state and is 70 years of age or older. (f) The commissioner may make reasonable rules and regulations necessary, advisable, and convenient for the administration and enforcement of this chapter. The rules and regulations may include a schedule establishing fees to be paid by an applicant seeking approval to act as a provider and to deliver courses under this section. Those fees shall be in an amount no greater than fees paid by applicants providing similar courses to other insurance agents licensed by the department, as specified in Section 1751.1. (g) Nothing in this chapter shall preclude completion of the bail agent continuing education requirements of this section through a course of instruction offered via the Internet or correspondence. However, this subdivision shall not be construed to allow completion of the prelicensing education requirements of this section through such a course of instruction. (h) Successful completion of the continuing education requirements by means of an Internet or correspondence course shall require obtaining a passing grade of at least 70 percent on a written final examination. The final examination shall be open book and shall be graded by the approved provider. The provider shall issue certificates of completion only to those students who have passed the final examination. (i) No Internet or correspondence continuing education course shall be provided pursuant to this section prior to April 1, 2006. However, this subdivision shall not prohibit an approved provider from advertising or promoting a course prior to that date.

Bail license; qualifications  

Title 10                  2056

2056. License Qualifications
An original bail license shall not be issued to any person unless he:
(a) Is a California resident and has been such for a period of two years
immediately preceding issuance of the license.
(b) Satisfies the commissioner that he is a person of good business
reputation and of good general reputation in:
(1) The community in which he intends to principally engage in the
transaction of bail, or
(2) The community or communities in which he formerly resided, if he
has not been a resident of the community in which he intends to
principally engage in the transaction of bail for a sufficient period of time
to establish such reputation.
(c) Is 18 or more years of age.

Bail license; requirements 

Insurance Code              1805

1805. The commissioner may decline to issue a bail license until he is satisfied that: (a) The applicant is of good business reputation and of good general reputation. (b) That the applicant has never been refused a license or had a license revoked by any public authority for reasons which indicated lack of honesty or integrity, or which show improper business practice on the part of the applicant. (c) That the applicant has an understanding of the obligations and duties of bail. (d) That the applicant has not participated in or been connected with any business transaction which, in the opinion of the commissioner tends to show unfitness to act in a fiduciary capacity or to maintain the standards of fairness and honesty required of a trustee or other fiduciary. (e) That the applicant has not willfully misstated any material fact in his application or procured a misstatement in the supporting documents thereof. (f) That there is no outstanding judgment against the applicant of conviction of a misdemeanor or felony denounced by this code, or one of the elements of which involves a misappropriation of money or property. (g) That the applicant has not committed an act forbidden by this code. (h) That the applicant is a fit and proper person to hold the license applied for. (i) The applicant has been a continuous resident of the State of California for at least two years.

Bail license; temporary for executor of licensee’s estate

Insurance Code              1810.8

Bail; qualifications; conditions 

Penal Code                      1292

1292. The bail must possess the qualifications, and must be put in, in all respects, as provided in Article II of this Chapter, except that the undertaking must be conditioned as prescribed in Section 1273, for undertakings of bail on appeal.

Continue; notice of intent to continue license

Insurance Code              1808

1808. (a) Annual notices of intention to keep licenses in force or applications for renewal of licenses, as the case may be, may be filed on or before June 30th of each year upon payment of the fees for filing specified in Section 1811. (b) Upon failure to file such notice or application as provided in subdivision (a), the license shall expire on July 1st, but the holder may file an application for a new license. Until June 30th next succeeding the fee shall be twice that specified in Section 1811 for such filing. (c) No notice or application shall be deemed filed within the meaning of this section unless the document itself has been actually delivered to, and the proper fee for its filing has been paid at, the office of the commissioner during office hours, or unless both such document and fee have been filed and remitted pursuant to Sections 11002 and 11003 of the Government Code.

Death; licensee; terminates  

Insurance Code              1710

1710. All licenses issued to natural persons terminate upon the death of such person.

Delivery; securities to applicant

Insurance Code              1802.77

1802.77. If the commissioner is satisfied from the application and the examination of the books and records of the applicant that the applicant has, in fact, complied with the representations made in his application, the commissioner shall deliver to the applicant the securities deposited; provided, however, the commissioner shall not deliver the securities to the applicant prior to the expiration of three years after the latest date on which a bond was issued or written by the applicant.

Education requirements   

Insurance Code              1810.7

Eligibility to hold license; organization ceases   

Insurance Code              1711

1711. For the purposes of this chapter and except as provided in this article, an organization ceases to exist as an entity eligible to hold a license: (a) Upon dissolution of a copartnership or upon any change in membership of a copartnership. (b) Upon the termination of an association. (c) Upon dissolution of a corporation. Provided, however, should a change occur in the membership of a copartnership licensed under this chapter, the surviving or continuing copartnership may continue to transact insurance under the license issued to the predecessor copartnership until action is taken by the commissioner on the application herein prescribed if the following requirements are met: (1) The surviving or continuing copartnership within 30 days files an application on a form prescribed by the commissioner for registration of the change in membership, and pays the lawful fee therefore and, if acting as an insurance broker, furnishes the bond required under Article 5 (commencing with Section 1662). (2) At least one person who exercised the agency or brokership powers of the predecessor copartnership continues to exercise the agency or brokership powers of the surviving or continuing copartnership. (3) That application for registration be signed by a general partner.

Examination; scope

Insurance Code              1677

1677. Every qualifying examination for a license under this chapter shall be in writing and shall be of sufficient scope to satisfy the commissioner that the applicant has sufficient knowledge of and is reasonably familiar with the insurance laws of this State and with the provisions, terms and conditions of the insurance which may be transacted pursuant to the license sought, and has a general and fair understanding of the obligations and duties of the holder of such license.

Examinations; frequency; scope   

Insurance Code 1810.6
See also Insurance Commissioner

1810.6. The commissioner shall conduct or arrange for written examination to be given at least twice a year upon questions proposed by the commissioner as to the qualifications of applicants to hold a bail license. The examination shall be of sufficient scope to satisfy the commissioner that the applicants have knowledge of, and are reasonably familiar with, the laws of this State relating to the giving of bail and the execution and delivery of undertakings of bail, and have a general and fair understanding of the obligations and duties of the holder of a bail license in respect to the conduct of business under each type of bail license.

Executor of licensee’s estate; temporary bail license 

Insurance Code                1810.8                  

Expiration; license

Insurance Code              1808

Fees; filing agent application et al  

Insurance Code              1811

Filings; necessary notices

Title 10                  2095

2095. Filings; Necessary Notices
Every bail licensee shall promptly file with the commissioner the following:
(a) If conducting business as a partnership pursuant to Section 2061, the
written statement required by Section 2061.2 and any modification thereof.
(b) If the relationship of a bail agent or permittee employed by another bail
agent or permittee or a partnership of bail agents or permittees exists as set
forth in Section 2062:
(1) The written statement to the commissioner required by Section
2062.2;
(2) The written notice of any change as required by Section 2062.2
(d).
(c) The written notice required by Section 2065 (f) if applicable to such
licensee.
(d) The written notice required by Section 2066.4 (a) of any fictitious name
or style used pursuant to Section 2066.4.
(e) A written notice of any changes made in any of the licensee's business
addresses.
(f) A complete list of all persons employed by the licensee who aid him in
any way in the conduct of his bail business setting forth for each employee the
full name, duties and basis of compensation, and if such compensation is to be
over $1,000 per month the amount thereof.
(g) A notice containing the same information as that required by (f) above
for each new employee.
(h) A notice of termination of the employment of any employee and, if the
reason therefore was any act or conduct by the employee which would in the
opinion of the employer indicate an unfitness to transact bail, a full statement of
such reason.
(I) A notice within 10 days after service upon him of the filing of:
(1) Any criminal suit;
(2) Any action at law against him or of any judgment against him
which arises out of his transaction of the bail business or the transaction
of bail.
(j) A written notice within five days after making any arrangement of any
kind to obtain money, securities or other assets to use directly or indirectly in the
bail business, giving the name of the person with whom such arrangements
have been made, the amount of money or value of other assets involved, the
date of the transaction and the details of the arrangement.
(k) A copy, or a reference to copies already filed and which he will use, of all
forms or documents which the licensee intends to use regularly or frequently in
connection with his bail transactions, including:
(1) The document to be delivered to the arrestee or other person
containing the information required by Section 2083;
(2) The form of any receipt for or agreement relating to collateral
used pursuant to Section 2083 (m);
(3) The document to be delivered to the arrestee or other person
containing the information required by Section 2083.5;
(4) The form of guarantor's agreement referred to in Section 2084;
(5) The form of original communication referred to in Section 2097
(a);
(6) The form or original application referred to in Section 2097 (b);
and
(7) Any other form or document.

Financial records; disclosure 

Insurance Code              1703

1703. Every applicant for an original license to act as a fire and casualty broker-agent, personal lines broker-agent, life agent, life analyst, surplus line broker, special lines surplus line broker, motor club agent, or bail agent or bail solicitor or bail permittee shall, as part of the application, endorse an authorization for disclosure to the commissioner of financial records of any fiduciary funds as defined in Section 1733, pursuant to Section 7473 of the Government Code. The authorization shall continue in force and effect for so long as the licensee continues to be licensed by the department.

Imprisonment for violations 

Insurance Code              1814

1814. The violation of any foregoing provision of this chapter, or of any rule of the commissioner made pursuant thereto, is a public offense, punishable by fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison, or in the county jail not exceeding one year, or by both such fine and imprisonment.

Investment; application

Title 10                  2053

License application 

Insurance Code              1804

License application fees 

Insurance Code              1811

License application; forms 

Title 10                  2055

License periods 

Insurance Code              1807.7

1807.7. Commencing with July 1, 1946, all licenses issued under this article shall be for license periods the length of which shall be fixed by the commissioner, said length never to exceed four years. Such licenses may be issued for all of the said periods, or upon application made during any period for the balance thereof. If any such license period is fixed at a term in excess of one year, licenses may be kept in force from year to year until expiration by the filing, in the form prescribed and provided by the commissioner, of annual notices of intention to keep licenses in force pursuant to Section 1808 and by the payment of the fees referred to therein.

License renewal   

Insurance Code              1810.9

License requirements

Insurance Code              1800

1800. (a) An insurer shall not execute an undertaking of bail except by and through a person holding a bail license issued as provided in this chapter. A person shall not in this state solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond by an insurer, or execute or deliver such an undertaking of bail or bail bond unless licensed as provided in this chapter, but if so licensed, such person may so solicit, negotiate, and effect such undertakings or bail bonds without holding or being named in any license specified in Chapter 5 of this part. (b) For purposes of this section, "solicit" shall include any written or printed presentation or advertising made by mail or other publication, or any oral presentation or advertising by means of telephone, radio, or television which implies that an individual is licensed under this chapter, and any activity in arranging for bail which results in remuneration to the individual conducting that activity.

License; renewal application 

Insurance Code              1813

1813. The commissioner, after notice and hearing, in accordance with the procedure provided in Article 13 (commencing with Section 1737) of Chapter 5 may suspend, revoke, or deny any license or certificate of authority issued pursuant to any provision of this code whenever he or she finds that the holder thereof has violated any provisions of this chapter.

License; time frame for issuance

Insurance Code              1670

1670. If an applicant for any license under this chapter, within one year from the date of the receipt by the commissioner of the application, whether or not the filing is complete, or within one year from the date of the issuance to him of a certificate of convenience, if any, whichever is the later date, neither fully qualifies for and receives such license on a permanent basis, nor is denied its issue, such application is automatically denied without prejudice to the filing of a new application for such license unless in a proceeding under a statement of issues the commissioner for good cause determines such denial should be set aside or stayed. Nothing in this section shall nullify Section 1695 to extend the expiration date of a certificate of convenience.

Licensing; natural persons; corporations   

Insurance Code              1810

1810. (a) Natural persons can be licensed under this chapter. (b) A license may be held by a corporation, in which case all of the following requirements shall be met: (1) The application shall set forth the names of all officers and employees of the licensee who will be authorized to exercise the powers of the licensee under this chapter. Each of those persons shall be required to meet the requirements for licensure under this chapter, and disciplinary action may be taken against any of those persons, and the licensee, if any of those persons does any act that would be grounds for disciplinary action against a licensee. (2) The corporation may solicit or negotiate the execution or delivery of bail on behalf of surety insurers only through natural persons who hold individual licenses as bail agents. (3) One hundred percent of the shares of the corporation shall be held by licensed bail agents. (4) All shareholders, officers, and directors of the corporation shall be licensed bail agents, and shall be disclosed to the department. (5) Any sale or transfer of stock or other interest in the corporation shall require the prior approval of the department. The department shall approve or disapprove a request for approval within 60 days of receiving the completed request.

Natural persons; license  

Title 10                  2060

2060. Natural Persons Only
Only natural persons may be issued a bail license.

Natural persons; licensing 

Insurance Code              1810

Order for discharge; release on bail

Penal Code                      1280

1280. The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The magistrate may further examine the bail upon oath concerning their sufficiency, in such manner as he may deem proper.

Prior prohibited associations 

Title 10                  2058

Public authority; compliance 

Title 10                  2075

2075. Regulations of Public Authority; Compliance
Every bail licensee shall fully comply with every rule, regulation or ordinance issued by a proper public authority governing the conduct of persons in or about any prison, jail or other place of detention of persons, court or public institution connected with the administration of justice. This section shall not be construed to authorize any act constituting a violation of any other section of this article which is done pursuant to any rule, regulation or ordinance that is merely permissive in its nature.

Qualification of bail; justification of sureties 

Penal Code                      1279

1279. The qualifications of bail are as follows: 1. Each of them must be a resident, householder, or freeholder within the state; but the court or magistrate may refuse to accept any person as bail who is not a resident of the county where bail is offered; 2. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution, except that if any of the sureties is not worth the amount specified in the undertaking, exclusive of property exempt from execution, but owns any equity in real property, a hearing must be held before the magistrate to determine the value of such equity. Witnesses may be called and examined at such hearing and if the magistrate is satisfied that the value of the equity is equal to twice the amount of the bond such surety is justified. In any case, the court or magistrate, on taking bail, may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail.

Successor; bail license 

Insurance Code      1802.2

1802.2. Any bail licensee who has purchased or succeeded to the bona fide business of another bail licensee shall be entitled to use a true or fictitious name used by his predecessor if the predecessor has conducted the business for a period of two consecutive years or more.

 

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Updated: 01/02/2013


 
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