California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 2 - Bail Transactions › Subarticle 5 - Filings and Records › Section 2100 - Necessary Record; Open to Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every bail agent or permittee shall keep complete records
						of all business done under authority of the bail agent's or permittee's license
						or under the authority of the license of any bail solicitor, bail agent or bail
						permittee employed by that bail agent or bail permittee. All records kept by
						such agent or permittee, including all documents and copies thereof shall be
						open to inspection or examination by the commissioner or the commissioner's
						representatives at all reasonable times, at the principal place of business of
						the licensee as designated in the bail agent's or permittee's license. Such
						records shall include at least the following information as to each bail
						transaction shown either in one of the forms required by the provisions of
						these rules or in a separate book, ledger, or card record:
(a) The full name and address of the
					 arrestee.
(b) The date of arrest,
					 the offense with which the arrestee was charged, the penal amount of the bail,
					 the premium for the undertaking of bail or the amount charged for the bail
					 bond, the date the bail was filed or delivered, and the court or public
					 official before whom the arrestee must appear.
(c) The full name and address of the person
					 furnishing information leading to the solicitation or negotiation of the bail,
					 the date and time such information was received, the manner in which it was
					 received, the connection or relationship to the arrestee of the person other
					 than the arrestee furnishing such information, and the name of the person
					 receiving such information.
(d) If
					 the bail was negotiated with any person other than the arrestee, the full name,
					 address and connection or relationship to the arrestee of such person, and the
					 name of the person who carried out the negotiations on behalf of the
					 licensee.
(e) If the bail was
					 negotiated directly with the arrestee, a full statement of the manner in which
					 the arrestee communicated with the licensee and the name of the person
					 receiving such communication.
(f)
					 The full name and address of each and every person directly or indirectly
					 paying, promising to pay, or guaranteeing the payment of, the whole or any part
					 of the premium, guard fees, charges for extraordinary services, or collateral
					 made or deposited in connection with a bail transaction.
(g) The name of any bail licensee from whom
					 the business was accepted or to whom commission was promised or paid in
					 connection therewith, and the amount of commission promised or paid.
(h) The name of any person who received or
					 was promised any portion of a premium, guard fee, charge or commission or was
					 compensated in any manner directly or indirectly on account of any bail
					 transaction.
(i) If any valuable
					 consideration other than money was received in connection with a bail
					 transaction, a full statement in explanation of such consideration and the
					 circumstances attendant thereto.
(j) Where a writ bond was issued, the name of
					 the attorney appearing thereon.
(k)
					 A separate book record which shall show the date of receipt of any collateral
					 as a guarantee in a bail transaction, the name of the person from whom it was
					 received, the name of the person receiving it, a complete description of the
					 collateral, the amount of bail guaranteed, the amount of premium guaranteed and
					 the disposition of the collateral. If the collateral was returned, the date of
					 its return and the name of the person to whom it was returned.
1. Change
						without regulatory effect adding NOTE filed 7-11-2016 pursuant to <section
						100, title 1, California Code of
						Regulations (Register 2016, No. 29).
2. Change without regulatory
						effect amending first paragraph filed 7-14-2021 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 29). Filing deadline specified in Government
						Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
Note: Authority cited: Section
						  1812,
						  Insurance Code. Reference: Sections
						  1800,
						  1800.75,
						  1800.8,
						  1801,
						  1802,
						  1802.1,
						  1802.2,
						  1802.5,
						  1802.6,
						  1802.7,
						  1802.71,
						  1802.72,
						  1802.73,
						  1802.74,
						  1802.75,
						  1803,
						  1804,
						  1805,
						  1806,
						  1807,
						  1809,
						  1810,
						  1812 and
						  1813,
						  Insurance Code.