§ 1123. Immigration bail business. (a)(1) Any person, firm, corporation, or other entity who shall for another deposit money or property as bail or execute as surety any bond in any immigration action or proceeding who within a period of one month prior thereto shall have made such a deposit or given such bail in more than two cases not arising out of the same transaction shall be deemed to be doing an immigration bail business.

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Terms Used In N.Y. Insurance Law 1123

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

(2) Except for a corporation authorized to write fidelity and surety insurance and to do an immigration bail business pursuant to the provisions of this article and otherwise in compliance with all other requirements of this chapter to do such business, no person, firm, corporation, or other entity shall engage in an immigration bail business in this state.

(b) (1) No person, firm, corporation, or other entity shall in this state do an insurance business or an immigration bail business as defined in subsection (a) of this section unless authorized by a license issued and in force as provided under this article.

(2) The superintendent may authorize a property/casualty insurance company that is authorized to write fidelity and surety insurance to do an immigration bail business in accordance with the provisions of this article, but no individual or entity shall be licensed to do such business.

(c) Any person, firm, corporation, or other entity that violates this section shall be subject to the penalty set forth in subsection (a) of section one thousand one hundred two of this article.

(d) Any agreement entered into by an entity subject to this section that is not authorized to do an immigration bail business in accordance with the provisions of this article shall be void and unenforceable.