Utah Code 31A-35-402. Authority related to bail bonds
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(1) A bail bond agency may only sell bail bonds.
Terms Used In Utah Code 31A-35-402
- 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 , or31A-26-209 . 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- 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
- 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
- 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)(a) is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers;(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(2) In accordance with Section 31A-23a-205, a bail bond producer may not execute or issue a bail bond in this state without holding a current appointment from a surety insurer or a current designation from a bail bond agency.(3) A bail bond agency or surety insurer may not allow any person who is not a bail bond producer to engage in the bail bond insurance business on the bail bond agency’s or surety insurer’s behalf, except for individuals:(3)(a) employed solely for the performance of clerical, stenographic, investigative, or other administrative duties that do not require a license as:(3)(a)(i) a bail bond agency; or(3)(a)(ii) a bail bond producer; and(3)(b) whose compensation is not related to or contingent upon the number of bail bonds written.