Utah Code 31A-35-607. Filing of forms — Commissioner maintains files
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Terms Used In Utah Code 31A-35-607
- 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- Filed: means that a filing is:
(69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;(69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and(69)(a)(iii) accompanied by the appropriate fee in accordance with:(69)(a)(iii)(A) Section31A-3-103 ; or(69)(a)(iii)(B) rule. See Utah Code 31A-1-301- Filing: when used as a noun, means an item required to be filed with the department including:
(70)(a) a policy;(70)(b) a rate;(70)(c) a form;(70)(d) a document;(70)(e) a plan;(70)(f) a manual;(70)(g) an application;(70)(h) a report;(70)(i) a certificate;(70)(j) an endorsement;(70)(k) an actuarial certification;(70)(l) a licensee annual statement;(70)(m) a licensee renewal application;(70)(n) an advertisement;(70)(o) a binder; or(70)(p) an outline of coverage. See Utah Code 31A-1-301- 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- Personal property: All property that is not real property.
- Personal property: includes :
(25)(a) money;(25)(b) goods;(25)(c) chattels;(25)(d) effects;(25)(e) evidences of a right in action;(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5- 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
- 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(1)(a) In accordance with Section 31A-21-201, a bail bond agency that meets the financial capacity requirements through the use of a letter of credit, personal property, real property, or a surety insurer shall file with the commissioner a copy of each form the bail bond agency or surety insurer uses in the bail bond insurance business.(1)(b) A surety insurer filing shall comply with the following:(1)(b)(i) a form shall be identified by a unique form number;(1)(b)(ii) a form shall include the address, telephone number, and business email address of the bail bond agency and the surety insurer;(1)(b)(iii) the surety insurer shall file a form on behalf of each bail bond agency appointed to write on behalf of the surety insurer;(1)(b)(iv) once a filing is filed with the commissioner, it is the responsibility of the surety insurer to verify that the bail bond agency and its producers are using the correct form;(1)(b)(v) a bail bond agency and its bail bond producers are prohibited from using a form that has not been filed by the surety insurer; and(1)(b)(vi) a bail bond agency and its bail bond producers are prohibited from making changes to a form that is filed by the surety insurer.(1)(c) A bail bond agency filing, for a bail bond agency that meets the financial capacity requirements through the use of a letter of credit, personal property, or real estate, shall comply with the following:(1)(c)(i) a form shall be identified by a unique form number;(1)(c)(ii) a form shall include the address, telephone number, and business email address of the bail bond agency;(1)(c)(iii) once a filing is filed with the commissioner, it is the responsibility of the bail bond agency to verify that its bail bond producers are using the correct form;(1)(c)(iv) a bail bond producer is prohibited from using a form that has not been filed by the bail bond agency; and(1)(c)(v) a bail bond producer is prohibited from making changes to a form that is filed by the bail bond agency.(2) A form described in Subsection (1) shall be filed 30 days before the form:(2)(a) is first used by the bail bond agency or surety insurer; and(2)(b) is changed after it is filed under Subsection (2)(a).(3)(3)(a) The commissioner shall maintain and make available for public inspection a file regarding each bail bond agency and each surety insurer.(3)(b) A bail bond agency and surety insurer shall maintain a form required to be filed under this section in the office of the bail bond agency or surety insurer.