California Bail: Types Licenses

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) regarding Bail License Types and California Bail Agents (also known as bondsmen). Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification, please visit my online privacy policy statement.

Administration of licensee’s estate; temporary license

Insurance

1810.8

Bail license; types

Insurance

1801

Bail permittee; business capacities

Title 10

2065

Bail permittee; includes copartners

Title 10

2054.2

Bail solicitor’s license

Insurance

1803

Capacity; bail licensees

Title 10

2064

Capacity; misrepresenting

Title 10

2067

Capacity; same as employer

Title 10

2062.1

Charges; filing

Title 10

2094.2

Charges; schedule; filing

Title 10

2094

Conduct; bail licensees

Title 10

2064

Conduct; solicitor

Title 10

2063.3

Corporations; licensing

Insurance

1810

Detention; place; public authority compliance

Title 10

2075

Filing schedule of charges

Title 10

2094

License; permittee

Insurance

1802.5

License; temporary for executor of licensee’s estate

Insurance

1810.8 

Licenses; types

Insurance

1801

Organizational licenses; issuance

Insurance

1672

Permittee; acquisition of agent’s license

Insurance

1802.6

Permittee; includes copartners

Title 10

2054.2

Schedule of charges; filing

Title 10

2094

Solicitor; transactions and conduct

Title 10

2063.3

Solicitor’s license

Insurance

1803

Temporary license

Title 10

2065

Administration of licensee’s estate; temporary license

Insurance              1810.8

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.

Bail license; types

Insurance              1801

1801. Bail licenses are: (a) Bail agents' licenses; (b) Bail permittees' licenses; (c) Bail solicitors' licenses.

Bail permittee; 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.

Bail permittee; includes copartners

Title 10                  2054.2
See also Partnerships

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.

Bail solicitor’s license 

Insurance              1803

1803. A bail solicitor's license, by its terms, permits the licensee to transact bail on behalf of and as the employee of the holder of the bail licenses therein designated while there is in effect and on file with the commissioner an unrevoked appointment of the solicitor by such license holder. In all matters respecting the transaction of bail, it shall be conclusively presumed that such solicitor acted on behalf of and pursuant to the instructions of the appointing license holder. A bail solicitor's license shall not be issued until there is filed with the commissioner an appointment of such solicitor, effective upon issue of the license executed by the holder of a bail agent's license or bail permittee's license, or both such licenses. Such appointment shall state that the license holder appoints the solicitor and will employ him in the transaction of bail, until notice is filed with the commissioner revoking the appointment. Such appointment and license shall permit the bail solicitor to transact only the undertakings of bail or bail bonds which the license or licenses of the appointing license holder permits such license holder to transact. Before the issuance of a bail solicitor's license, the applicant shall file a bond 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 solicitor, in favor of the people of the State of California.

Capacity; bail licensees  

Title 10                  2064
See also Required Disclosures

2064. Bail Licensees; Capacity and Conduct
Every bail licensee shall conduct his business in such a manner that the public and
those dealing with him shall be aware of the capacity in which he is acting, and if he
transacts bail both as an employee and as an individual or in any other dual capacity,
each such transaction shall be so conducted that the public and those dealing with him
shall not be confused as to the capacity in which he acts.

Capacity; misrepresenting 

Title 10                  2067
See also Required Disclosures & Unlawful / Prohibited

2067. Misrepresenting Capacity, Authority
No bail licensee shall directly or indirectly represent that he is a fidelity or surety insurer
or that he has the authority or powers of a bail permittee, bail agent or bail solicitor
unless he is licensed as such nor shall he misrepresent his authority or power to act on
behalf of a surety insurer; nor shall he advertise his bail business in the yellow pages of
the telephone directory under “Surety" or “Fidelity."

Capacity; same as employer

Title 10                  2062.1
See also Business Operations

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.

Charges; filing                                   

Title 10                  2094.2
See also Bail Negotiation & Fees

2094.2. Filing of Charges; Differences in Rates
If a person is licensed as both a bail agent and a bail permittee or licensed in either
capacity but conducting his bail business under an agreement with a person licensed in
the other capacity, any filing made pursuant to Section 2094 shall state all differences
between the premiums charged for undertakings of bail and the charges made for bail
bonds and the reasons therefor. If there is any such difference and if for his own
convenience a bail licensee shall substitute or cause to be substituted one type of
obligation for the other, he shall do so without additional premium or charge. Such
substitution without additional premium or charge may not be used as a device or
means of avoiding compliance with Section 2094 or with Chapter 9, Part 2, Division 1 of
the Insurance Code.

Charges; schedule; filing

Title 10                  2094
See also Bail Negotiation & Fees & 18

2094. Filing Schedule of Charges
Every bail permittee shall file with the commissioner a schedule of charges to be made
for bail. He shall also file with the commissioner any change in such charges at least
five days prior to the effective date thereof. Such charges and changes so filed are
public records.

Conduct; bail licensees   

Title 10                  2064

Conduct; solicitor

Title 10                  2063.3

2063.3. Solicitor; Transactions and Conduct
A bail solicitor shall not conduct a bail business or transact bail under any name or at
any address other than that of his employer, nor shall he use any forms or documents
in connection with a bail transaction other than those of his employer.

Corporations; licensing

Insurance              1810
See also Business Operations

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.

Detention; place; 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.

Filing schedule of charges

Title 10                  2094

License; permittee

Insurance              1802.5

1802.5. A bail permittee's license, by its terms, permits the licensee to solicit, negotiate, issue, and deliver bail bonds. The 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 five thousand dollars ($5,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail permittee, his or her solicitors licensed pursuant to his or her appointment, and his or her employees, in favor of the people of the State of California.

License; temporary for executor of licensee’s estate 

Insurance              1810.8 

Licenses; types 

Insurance              1801

Organizational licenses; issuance 

Insurance              1672

1672. The commissioner may deny an application filed by an organization, unless both the organization and all natural persons named thereon meet the qualifications for the license for which such application is filed, but the qualifying examination shall be administered only to natural persons. In case the application is for more than one natural person to be named thereon and at least one, but not all, of such persons satisfy the examination requirement, the commissioner may issue such license omitting therefrom the names of the person or persons who fail to satisfy the examination requirement.

Permittee; acquisition of agent’s license

Insurance              1802.6

1802.6. The holder of a bail permittee's license may, upon filing of proper documents specified in Section 1802.1, receive a bail agent's license without procuring the additional bond specified in Section 1802.

Permittee; includes copartners

Title 10                  2054.2

Schedule of charges; filing  

Title 10                  2094

Solicitor; transactions and conduct

Title 10                  2063.3

Solicitor’s license 

Insurance              1803

Temporary license 

Title 10                  2065

More California Bail Bonds Resources

 


Updated: 03/03/2010


 
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Bondsman-Owner


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