California Bail: Regulations on Doing Business in Bail

The following California Bail 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) regarding doing business in bail. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification, please visit my online privacy policy statement.

Address change

Insurance

1822

Agent bail; includes copartners

Title 10

2054.2

Associations; temporary; records

Title 10

2101.2

Bail agent; business capacities

Title 10

2065

Bail agent; includes copartners

Title 10

2054.2

Branch offices

Title 10

2063.2

Business in employer’s name

Title 10

2066.1

Business in own name

Title 10

2066

Business in specified capacities only and notices

Title 10

2066

Business; temporarily conducting; records

Title 10

2101.3

Capacity; same as employer

Title 10

2062.1

Card; identification

Title 10

2077.1

Change in partnership; notices

Title 10

2061.3

Change of address

Insurance

1822

Change of address; notice

Insurance

1729

Copartners; disciplinary action for act of one partner

Title 10

2061.5

Copartners;  filing individual statements

Title 10

2061.2

Copartners; prohibitions; suspension

Title 10

2061.4

Copartners; records; filings

Title 10

2101

Corporations; licensing

Insurance

1810

Disapproval of fictitious names

Title 10

2066.4

Disciplinary action against copartnership

Title 10

2061.5

Disciplinary action; employer supervision

Title 10

2063.1

Disclosure; license numbers

Insurance

1725.5

Display of license

Insurance

1820

Employees; licensed in same capacity

Title 10

2062.1

Employees; licensed

Title 10

2063

Employees; licensed; notice of employment

Title 10

2062

Employees; licensed; records

Title 10

2101.1

Employer supervision

Title 10

2063.1

Employer’s name

Title 10

2066.1

Employment of licensees; notice

Title 10

2062

Fictitious names

Insurance

1724.5

Fictitious names; advertising

Title 10

2066.5

Fictitious names; disapproval

Title 10

2066.4

Fictitious names; filing

Title 10

2066.3

Filing individual statements; copartners

Title 10

2061.2

Filing; notices; transacting as partners

Title 10

2061

Filings; copartnerships; records

Title 10

2101

Hours; solicitation of arrestee

Title 10

2079.1

Identification card

Title 10

2077.1

Individual licensees; business capacities

Title 10

2065

License; display

Insurance

1820

Licensed employees

Title 10

2063

Licensed employees; records

Title 10

2101.1

Licensing; individual for partners

Title 10

2061.1

Name; business in own name

Title 10

2066

Name; predecessor’s

Insurance

1802.2

Name; predecessor’s

Title 10

2066.2

Names; fictitious

Insurance

1724.5

Names; fictitious; disapproval

Title 10

2066.4

Names; fictitious; filing; similar

Title 10

2066.3

Notice of employment of licensed employees

Title 10

2062

Notice to change address

Insurance

1729

Notice; change of address

Insurance

1822

Notices; business in specified capacities only

Title 10

2065

Notices; transacting as partners

Title 10

2061

Notices; written; employment

Title 10

2062.2

Offices; branch

Title 10

2063.2

Organization ceases; eligibility to hold license

Insurance

1711

Predecessor’s name; use of

Insurance

1802.2

Predecessor’s name; use of

Title 10

2066.2

Records; licensed employees

Title 10

2101.1

Soliciting of bail; persons; hours

Title 10

2079

Temporarily conducting business; records

Title 10

2101.3

Address change  

Insurance              1822

1822. A licensee or applicant for a license under this chapter shall notify the commissioner, in writing, of any change in the address from which he intends to conduct his business.

Agent bail; 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 bail agents or permittees if applicable.

Associations; temporary; records

Title 10                  2101.2

2101.2. Records; Temporary Associations
If two or more bail agents or permittees are temporarily associated for the purposes of
a single or series of bail transactions, each shall be responsible for keeping sufficient
records to identify the transactions and to meet the requirements of this article with
respect to the portion of the transaction conducted by him.

Bail agent; business capacities

Title 10                  2065

2065. Business in Specified Capacities Only and Notices
Every bail agent or permittee shall conduct his bail business:
(a) As an individual;
(b) As a member of a partnership as provided in Section 2061;
(c) As an employee of another bail agent or permittee as provided in
Section 2062;
(d) As the temporary associate of another bail agent or permittee in the joint
transaction of bail if such temporary association is limited to a single transaction
or to a series of related transactions;
(e) As the temporary conductor of the bail business of another bail a period
of his temporary absence; or
(f) In any other lawful manner provided written notice is filed with the
commissioner by the bail licensee at least 10 days prior to his so conducting his
bail business setting forth full details of the manner in which the business will be
conducted and the names of all persons, if any, to associated with him. If prior
to the expiration of such 10-day period the commissioner gives notice to such
bail licensee specifying wherein the intended conduct of the business would be
contrary to any provision of this article or any law relating to bail, such bail
licensee shall not so conduct his business. If after such 10-day period the
commissioner gives notice to such bail licensee specifying wherein the
continued conduct of his bail business would be contrary to any provision of this
article or any law relating to bail, he shall discontinue to so conduct his business
within such reasonable time as the commissioner may prescribe.

Branch offices 

Title 10                  2063.2

2063.2. Branch Offices
A bail licensee (i.e., the owner, a partner or a licensed employee) shall be in charge, as
his usual and customary place of business, of each branch office.

Business in employer’s name 

Title 10                  2066.1

2066.1. Using Employer's Name
Every bail agent and permittee employed by another bail agent or permittee pursuant to
Section 2062 and acting as such and every bail solicitor shall do business only in the
natural name or fictitious name, if any, of his employer.

Business in own name

Title 10                  2066

2066. Business in Own Name
Except as provided in Section 1724.5 of the Insurance Code and the commissioner's
regulations promulgated there under (Sections 2050 and following of Title 10 of the
California Administrative Code) and Sections 2066.2, 2066.3, 2066.4 hereof, every bail
licensee shall do business in his own name

Business; temporarily conducting; records

Title 10                  2101.3
See also Records Retention

2101.3. Records; Temporarily Conducting Business
During the time a bail agent or permittee is temporarily conducting the business of
another bail agent or permittee as provided in Section 2065 (e), such bail agent or
permittee shall be responsible for the proper entries in and the retention of the books
and records of such other bail agent or permittee but he may use the forms and
documents usually used by the permanent owner of the bail business. Following such
temporary conduct of his business the permanent owner of such business is
responsible for the retention of such books and records.

Capacity; same as employer  

Title 10                  2062.1
See also Bail License Types

2062.1. Employee; Licensed in Same Capacity as Employer
Each such employee (employed pursuant to Section 2062) shall be licensed in the
same capacity or capacities as the employing bail licensee or bail licensees.

Card; identification 

Title 10                  2077.1
See also Required Disclosures

2077.1. Identification Card
Every bail licensee shall keep in his possession an identification card issued to him by
the commissioner and shall, upon request, show it to any person with whom he
transacts bail. He shall not permit any person other than himself to use his identification
card for any purpose. The identification card shall be returned to the commissioner
immediately upon the termination of all of the holder's bail licenses.

Change in partnership; notices

Title 10                  2061.3

2061.3. Change in Partnership; Notices
Upon any change in the membership of the partnership whether through death,
dissolution, addition, deletion, or otherwise, or upon the revocation of the license of any
partner, the survivors or successors to the bail business, if they are to act a partnership,
shall file a new statement pursuant to Section 2061.2 and shall be subject to the
requirements of Section 2061.1. If the change in membership arises through the death
or revocation of the license of three or more persons whose partnership agreement
provides for continuation of the partnership by the survivors, such survivors may
continue to transact bail as a partnership until the expiration of such reasonable period
of time as may be specified in any notice which may be sent by the commissioner
pursuant to Section 2054.7.

Change of address; notice 

Insurance              1729

1729. Every licensee and every applicant for a license shall immediately notify the commissioner in writing of any change in his address as given to the commissioner pursuant to Sections 1658 and 1728.

Copartners; disciplinary action for act of one partner

Title 10                  2061.5

2061.5. Copartnership; Disciplinary Action for Act of One Partner
The licenses of each member of a partnership are subject to suspension or revocation
for the failure of the partnership or of any member of the partnership to comply with all
laws and rules governing or regulating the conduct of the bail business or acts
incidental thereto if such failure occurred with his express or implied knowledge,
consent, ratification or collusion.

Copartners;  filing individual statements

Title 10                  2061.2

2061.2. Copartners; Filing Individual Statements
A written statement subscribed by each partner shall be filed with the commissioner
setting forth:
(a) The nature of all businesses conducted or intended to be conducted by
the partnership.
(b) The location of the principal place of conduct of the bail business of the
partnership and of all other places for the conduct of such business.
(c) The proportion of ownership of each member of the partnership.
(d) An agreement to immediately notify the commissioner of any change in
the membership of the partnership or of the matters set forth in (a) to (c) hereof.

Copartners; prohibitions; suspension 

Title 10              2061.4

2061.4. Copartnership Suspension; Prohibitions
If the license of any partner is suspended such partner may not engage in the
transaction of bail nor may he receive any commission on, or profit derived from, such
transactions entered into by other persons during the period of suspension.

Copartners; records; filings  

Title 10                  2101

2101. Copartnership Records; Filings
During the period when two or more bail licensees are conducting their business as a
partnership pursuant to Section 2061, such licensees may combine their books and
records and make a joint filing with the commissioner of all forms used by them as a
partnership, provided, however, that such books and records shall identify the member
of the partnership who actually transacted each individual bail transaction or portion
thereof.

Corporations; licensing

Insurance              1810
See also Bail License Types

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.

Disapproval of fictitious names 

Title 10                  2066.4
See also Insurance Commissioner

2066.4. Disapproval of Fictitious Name
If the commissioner gives notice to a bail agent or permittee specifying wherein the
continued use of a fictitious name would be in violation of any of the provisions of the
Insurance Code or this Article, such bail agent or permittee shall discontinue the use of
such fictitious name subject to such extension of time as the commissioner may
prescribe pursuant to the provisions of Section 1724.5 of the Insurance Code.

Disciplinary action; employer supervision 

Title 10                  2063.1

2063.1. Employer Supervision; Disciplinary Action
An employing bail agent or permittee shall exercise a reasonable degree of supervision
over his employees and make a reasonable effort to keep informed of their acts as his
employees. Failure of the employer to exercise such supervision resulting in the
violation of law or these regulations by the employee may result in disciplinary action
against the employer.

Disclosure; license numbers

Insurance              1725.5
See also Required Disclosures

1725.5. (a) For purposes of Sections 32.5, 1625, 1626, 1724.5, 1758.1, 1765, 1800, 14020, 14021, and 15006, every licensee shall prominently affix, type, or cause to be printed on business cards, written price quotations for insurance products, and print advertisements distributed exclusively in this state for insurance products its license number in type the same size as any indicated telephone number, address, or fax number. If the licensee maintains more than one organization license, one of the organization license numbers is sufficient for compliance with this section. (b) Effective January 1, 2005, for purposes of Sections 32.5, 1625, 1626, 1724.5, 1758.1, 1765, 1800, 14020, 14021, and 15006, every licensee shall prominently affix, type, or cause to be printed on business cards, written price quotations for insurance products, and print advertisements, distributed in this state for insurance products, the word "Insurance" in type size no smaller than the largest indicated telephone number. (c) In the case of transactors, or agent and broker licensees, who are classified for licensing purposes as solicitors, working as exclusive employees of motor clubs, organizational licensee numbers shall be used. (d) Any person in violation of this section shall be subject to a fine levied by the commissioner in the amount of two hundred dollars ($200) for the first offense, five hundred dollars ($500) for the second offense, and one thousand dollars ($1,000) for the third and subsequent offenses. The penalty shall not exceed one thousand dollars ($1,000) for any one offense. These fines shall be deposited into the Insurance Fund. (e) A separate penalty shall not be imposed upon each piece of printed material that fails to conform to the requirements of this section. (f) If the commissioner finds that the failure of a licensee to comply with the provisions of subdivision (a) or (b) is due to reasonable cause or circumstance beyond the licensee's control, and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect, the licensee may be relieved of the penalty in subdivision (d). (g) A licensee seeking to be relieved of the penalty in subdivision (d) shall file with the department a statement with supporting documents setting forth the facts upon which the licensee bases its claims for relief. (h) This section does not apply to any person or entity that is not currently required to be licensed by the department or that is exempted from licensure. (i) This section does not apply to general advertisements of motor clubs that merely list insurance products as one of several services offered by the motor club, and do not provide any details of the insurance products. (j) This section does not apply to life insurance policy illustrations required by Chapter 5.5 (commencing with Section 10509.950) of Part 2 of Division 2 or to life insurance cost indexes required by Chapter 5.6 (commencing with Section 10509.970) of Part 2 of Division 2. (k) This section shall become operative January 1, 1997.

Display of license

Insurance              1820

1820. Every bail license shall be prominently displayed in the office of the licensee. 1821. A license shall not be refused by the commissioner without proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, being initiated within 60 days from the date of filing the completed application. Sections 1724.5, 1733, 1734, 1735 and Articles 6 (commencing with Section 1666) and 13 (commencing with Section 1737) of Chapter 5 apply to persons licensed under this chapter, and "insurance agent" or "licensee", as used in those provisions, include persons licensed under this chapter.

Employees; licensed  

Title 10                  2063

2063. Licensed and Unlicensed Employees; Effect
Sections 2063.1 to 2063.2, inclusive, apply to each employee of a bail agent or
permittee whether or not such employee is licensed as a bail agent, permittee or
solicitor if such employee performs any duties connected with the transaction of bail by
his employer.

Employees; licensed; notice of employment

Title 10                  2062

2062. Licensed Employees; Notice of Employment
A bail agent or permittee or a partnership of bail agents or permittees desiring to
employ another person licensed as a bail agent or permittee for the purpose of
assisting him in his bail business shall file with the commissioner a written statement as
required by Section 2062.2 at least 10 days prior to such employment. If prior to the
expiration of such 10-day period the commissioner gives notice to the prospective
employer specifying wherein such employment would be contrary to any provision of
this article or any law relating to bail, such person shall not be employed. If after such
10-day period and after the establishment of the employer-employee relationship the
commissioner gives notice to such wherein the continued employer-employee
relationship would be contrary to any provision of this article or any law relating to bail,
they shall discontinue such relationship within such reasonable time as the
commissioner may prescribe.

Employees; licensed; records  

Title 10                  2101.1

2101.1. Records; Licensed Employees
Every employing bail agent or permittee shall keep at his office all books and records
concerning the bail transactions of himself and his employees while acting as such, and
such employees may use all forms filed, directly or by reference, with the commissioner
by such employer; provided, however, that such books and records shall identify the
particular person who actually transacted each individual bail transaction or portion
thereof. But the employed bail agent or permittee is responsible for the maintenance of
such records, and the proper use of such forms for the transactions in which he
participates.

Fictitious names 

Insurance              1724.5

1724.5. Every individual and organization licensee and every applicant for such a license shall file with the commissioner in writing the true name of the individual or organization and also all fictitious names under which he conducts or intends to conduct his business and after licensing shall file with the commissioner any change in or discontinuance of such names. The commissioner may in writing disapprove the use of any true or fictitious name (other than the bona fide natural name of an individual) by any licensee on any of the following grounds: (a) Such name is an interference with or is too similar to a name already filed and in use by another licensee; (b) The use of the name may mislead the public in any respect; (c) The name states, infers or implies that the licensee is an insurer, motor club, hospital service plan or entitled to engage in insurance activities not permitted under licenses held or applied for; (d) The name states or implies that the licensee is an underwriter. This subdivision shall not prevent a natural person who is a life licensee from describing himself as an "underwriter" or from using the designation "Chartered Life Underwriter" if entitled thereto nor shall it prevent a natural person who is a fire and casualty licensee from using the designation "Chartered Property and Casualty Underwriter" if entitled thereto nor a producers trade association each member of which is also separately licensed from having a name containing the word underwriter; or (e) The licensee has already filed and not discontinued the use of more than two names including the true name. This subdivision shall not prevent a licensee who has lawfully purchased or succeeded to the business or businesses of other licensees from using for each such business not more than two additional names, true or fictitious, consisting of names used by his predecessors in the conduct of such businesses. A licensee may not use a true or fictitious name after being notified by the commissioner in writing that such use is contrary to this section. If the commissioner determines that there are facts in mitigation in connection with the continued use of such name he may permit its use for a specified reasonable period of time if in connection therewith he imposes such conditions as will protect the public and achieve the purposes of this section. Any such permission and any such conditions shall be written. The grounds specified in subdivisions (a), (c), and (d) shall not be applicable to the true name of any organization licensee which on October 1, 1961, holds under such name any type of license issued under this chapter (commencing with Section 1621) or Chapter 8 (commencing with Section 1831) of this part nor to any fictitious name in use on October 1, 1961, by any individual or organization holding any type of license issued under this chapter or Chapter 8 of this part on such date, provided such fictitious name is filed with the commissioner on or before January 2, 1962. The ground specified in subdivisions (b) and (e) shall not be applicable to any licensee who, or which, on October 1, 1961, holds a license issued under this chapter or Chapter 8 of this part until on and after January 2, 1964.

Fictitious names; advertising 

Title 10                  2066.5
See also Bail Bond Advertising

2066.5. Advertising of Fictitious Names
All advertising or telephone listings in the yellow pages of telephone directories shall
contain the true name of the licensee(s) who owns it with equal prominence with that of
the fictitious name, so that there will be no indication that another separate business
exists when in fact, the ownership is the same.

Fictitious names; filing

Title 10                  2066.3
See also Insurance Commissioner

2066.3. Fictitious Names; Filing, Similar Names
Prior to its use, a fictitious name or style must be:
(a) Filed with and approved by the commissioner in writing
(b) Filed with the county clerk of all counties in which user thereof maintains
an office for the transaction of bail or in which he contemplates the active
solicitation of bail under such fictitious name or style.
(c) Worded in compliance with the requirements of Section 1724.5 of the
Insurance Code and the regulations of the commissioner promulgated under
authority thereof (Sections 2050 and following of Title 10 of the California
Administrative Code).

Filing; notices; transacting as partners

Title 10                  2061

2061. Transacting as Partners; Notices
Two or more bail agents or permittees desiring to transact bail as partners shall file with
the commissioner the written statement required by Section 2061.2 at least 10 days
prior to so transacting, except as provided by Section 2061.3.

Hours; solicitation of arrestee

Title 10                  2079.1

2079.1. Solicitation of Arrestee; Hours
Any solicitation of an arrestee himself pursuant to Section 2079 (a) shall be only after a
bona fide request for bail services has been received from the arrestee or from a
person specified in Section 2079 (b) or (c). Any solicitation of a person specified in
Section 2079 (c) or (d) shall be only between the hours of 7 o'clock a.m., and 11 o'clock
p.m., unless the bail licensee is directly and specifically authorized in writing by the
arrestee or the arrestee's attorney to make such solicitation at some other specific time.

Licensing; individual for partners

Title 10                  2061.1

2061.1. Partners; Individual Licensing; Rebating
Each partner shall be licensed individually as a bail agent or permittee, or both, and
every partner shall be licensed in the same capacity or capacities as the other
members of the partnership so that all partners will be licensed in the same capacity or
capacities; except the commissioner may permit the inclusion of an unlicensed partner
if evidence is presented satisfactory to him that such unlicensed partner will have no
functions, duties or responsibilities involving the actual conduct, supervision or
transaction of the bail business.

Name; predecessor’s

Insurance              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.

Name; predecessor’s

Title 10                  2066.2

2066.2. Using Predecessor's Name
The permission under Section 1724.5 of the Insurance Code to use a predecessor's
name in case a bail agent or permittee purchases or succeeds to the bail business of
another bail agent or permittee is applicable only where the business so purchased or
succeeded to was a bona fide business which the predecessor or predecessors had
actively conducted as a bail business for at least 5 consecutive years.

Notices; written; employment

Title 10                  2062.2

2062.2. Employment; Written Notices
A written statement subscribed by the employer and each such employee (employed
pursuant to Section 2062) shall be filed with the commissioner setting forth:
(a) The fact of employment.
(b) The location of the place of business from which the employee will
normally transact bail.
(c) The basis of compensation of the employee and if such compensation is
to be more than $1,000 per month the amount thereof.
(d) An agreement to immediately notify the commissioner in writing of any
change in the matters set forth in (a) to (c) hereof.

Organization ceases; eligibility to hold license

Insurance              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 therefor 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.

Soliciting of bail; persons; hours

Title 10                  2079

2079. Soliciting of Bail; Persons.
No bail licensee shall solicit bail except in accordance with Section 2079.5 and from:
(a) An arrestee;
(b) The arrestee's attorney;
(c) An adult member of the arrestee's immediate family; or
(d) Such other person as the arrestee shall specifically designate in writing.
Such designation shall be signed by the arrestee before the solicitation, unless
prohibited by the rules, regulations or ordinances governing the place of
imprisonment. If so prohibited, it may be signed after release of the arrested to
ratify a previous oral designation made by him.


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Updated: 03/03/2010

 
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