2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4341. Records.

§ 4341. Records.
(a) The bail agent shall maintain at that bail agent's principal place of business in this State, and transmit to the Commissioner upon request, the license issued by the Department, together with such records as may be reasonably required by the Department to:
(1) Evaluate the reasonableness of rates or ensure that such rates are not excessive, inadequate or unfairly discriminatory;
(2) Evaluate the financial condition or trade practices of property bail agents, surety bail agents and insurers executing bail bonds; and
(3) Evaluate the performance of the property bail agents, surety bail agents and insurers executing bail bonds in accordance with appropriate criminal justice system goals and standards.
Records shall be retained and available for inspection by the Commissioner for a period of at least 3 years after the bond has been exonerated by the courts. The records shall be open to examination by the Department at all times as provided for in Chapter 3 of this title.
(b) Each licensee, as a minimum requirement for office records shall maintain:
(1) A daily bond register which shall be the original and permanent record of all bonds or undertakings executed by the licensee, which shall state the number of the power of attorney form, date bond was executed, the state, county and court in which the bond was executed, the case docket number if assigned, name of principal, amount of bond, premium charged, premium reported to surety company, security or collateral received, indemnity agreements, a copy of the court receipt for the property bail, the name of the bail funder, if applicable, the amount of the funds provided, the bank account information from which the funds were obtained, or a notation that the funds were provided in cash, disposition of bond, date of disposition, and, if applicable, date that funds were repaid to the bail funder and the method of repayment of those funds, including relevant bank account information.
(2) An individual file for each principal for whom bond is made which shall contain the original application for bail bond or undertaking, copy of premium receipt, copy of collateral receipt, copy of a bond discharge if issued, security or collateral affidavit, where security or collateral is located, information as to any security or consideration received by the agency or licensee in connection with each particular bail bond or undertaking and purpose for which it was received, receipt or release executed by the person or persons posting security or collateral evidencing the return of such security or collateral, and indemnity agreement as executed by any co-indemnitors.
(3) For each bail bond, policy or contract placed or countersigned by or through the licensee, names of the insurers, principals, insureds, bond or policy number, expiration date thereof, premium payable under the terms of the bond, policy or contract.
(4) With respect to those licensees who are acting as bail funders, a daily register which must include all of the following:
a. Information relating to each bond for which funds were provided and the date the funds were provided to the bail agent or business entity;
b. The bail agent or business entity to whom the funds were provided;
c. The case docket number for the bond;
d. The amount of funds provided and the method by which they were provided;
e. The charge applied to such loan; and
f. The date the loan or funds were repaid and the method of repayment of those funds including relevant bank account information.
76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 8;