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Terms Used In Utah Code 31A-35-401

  • Agency: means :
         (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
         (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Application: means a document:
         (10)(a)
              (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and
              (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
                   (10)(a)(ii)(A) insure the risk under:
                        (10)(a)(ii)(A)(I) the coverage as originally offered; or
                        (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or
                   (10)(a)(ii)(B) decline to insure the risk; or
         (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • 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.
  • Bail bond: means a bail bond insurance product for a specified monetary amount that is:
         (1)(a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
         (1)(b) issued to a court, magistrate, or authorized officer to secure:
              (1)(b)(i) the release of a person from incarceration; and
              (1)(b)(ii) the appearance of the released person at court hearings the person is required to attend. See Utah Code 31A-35-102
  • Bail bond agency: means any sole proprietor or entity that:
         (2)(a) is licensed under Subsection 31A-35-404(1) or (2);
         (2)(b)
              (2)(b)(i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;
              (2)(b)(ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or
              (2)(b)(iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
         (2)(c) receives or is promised money or other things of value for a service described in Subsection (2)(b). See Utah Code 31A-35-102
  • Bail bond producer: means an individual who:
         (3)(a) is appointed by:
              (3)(a)(i) a surety insurer that sells bail bonds; or
              (3)(a)(ii) a bail bond agency licensed under this chapter;
         (3)(b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and
         (3)(c) receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b). See Utah Code 31A-35-102
  • Certificate: means a certificate of authority issued under this chapter to allow an insurer to operate as a surety insurer. See Utah Code 31A-35-102
  • Form: means one of the following prepared for general use:
              (74)(a)(i) a policy;
              (74)(a)(ii) a certificate;
              (74)(a)(iii) an application;
              (74)(a)(iv) an outline of coverage; or
              (74)(a)(v) an endorsement. See Utah Code 31A-1-301
  • Insurance: includes :
              (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
              (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
              (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
  • Person: includes :
         (146)(a) an individual;
         (146)(b) a partnership;
         (146)(c) a corporation;
         (146)(d) an incorporated or unincorporated association;
         (146)(e) a joint stock company;
         (146)(f) a trust;
         (146)(g) a limited liability company;
         (146)(h) a reciprocal;
         (146)(i) a syndicate; or
         (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Sell: means to exchange a contract of insurance:
         (179)(a) by any means;
         (179)(b) for money or its equivalent; and
         (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Surety insurer: means an insurer that:
         (11)(b) receives a certificate under this title; and
         (11)(c) sells bail bonds in connection with judicial proceedings. See Utah Code 31A-35-102
     (1)(a) A person may not engage in the bail bond insurance business unless that person:

          (1)(a)(i) is a bail bond agency licensed under this chapter;
          (1)(a)(ii) is a surety insurer that is granted a certificate under this section in the same manner as other insurers doing business in this state are granted certificates of authority under this title; or
          (1)(a)(iii) is a bail bond producer licensed in accordance with this section.
     (1)(b) A bail bond agency shall be licensed under this chapter as an agency.
     (1)(c) A bail bond producer shall be licensed under Chapter 23a, Insurance Marketing – Licensing Producers, Consultants, and Reinsurance Intermediaries, as a limited lines producer.
(2) A person applying for a bail bond agency license under this chapter shall submit to the commissioner:

     (2)(a) a completed application form as prescribed by the commissioner;
     (2)(b) a fee as determined by the commissioner in accordance with Section 31A-3-103; and
     (2)(c) any additional information required by rule.
(3) A fee required under this section is not refundable.
(4) A fee collected from a bail bond agency shall be deposited into a restricted account created in Section 31A-35-407.
(5)

     (5)(a) A bail bond agency shall be domiciled in Utah.
     (5)(b) A bail bond producer shall be a resident of Utah.
     (5)(c) A foreign surety insurer that is granted a certificate to sell bail bonds may only sell bail bonds through a bail bond agency licensed under this chapter.