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AGENTS & BROKERS: BAIL AGENT (BA)
Applicable Forms
Application for Bail License (Form 431-1)
Application for a Bail Agent Corporation License (Form 431-2)
Bond of Bail Agent (Form 437-9)
Action Notice Statement Of Employing Bail Agent Or Permittee (Form 438)
Bail Agent Action Notice (Form 437-23)
Change of Stockholder, Officer, or Director (Form 437-25)

Authorizing Act:
California State Insurance Code Chapter 7, Part 2, Division 1.

A bail agent is a person permitted to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer.

Qualifications:
Minimum Age: 18 years

Residency: Applicant must have been a continuous resident of California for at least last two years

Prelicensing Experience/Education: Require a minimum of 12 hours of approved prelicensing classroom study in subjects pertinent to the duties and responsibilities of a bail licensee, including, but not limited to, all laws and regulations related thereto, rights of the accused, and ethics.

Continuing Education: Require annually a minimum of 6 hours of approved continuing education classroom study prior to the renewal of his or her license.

Entity: Individual/Corporation

Filing Requirements - Individual:
Application:Application for Bail License, form 431-1.

Bond: A Bond of Bail Agent, form 437-9, in the penal sum of $1,000 executed by a California admitted surety, and signed by the principal.

Action Notice Of Appointment: A Bail Agent Action Notice, form 437-23, executed by a surety insurer or it's authorized representative.

Forms Filing List: A copy of the forms or documents which the bail agent intends to use regularly or frequently in connection with bail transactions.

Action Notice Statement Of Employing Bail Agent Or Permittee: Form 438, required when employing or terminating the employment of another bail agent or permittee.

Fingerprint Impressions: Required for all unlicensed bail applicants.

Fees - Individual:

  • First Time Applicants:  $289 (This fee includes the license filing fee of $241 per company and an examination fee of $48 for the first examination.  If the applicant needs to reschedule the examination, there is also a reexamination fee of $48 that is due at the time the examination is rescheduled.)  
  • Fingerprint:  Review Fingerprint Processing link for fees. 
  • Renewal:  $72 per company

Examination: Applicants must pass the written examination prepared and administered by the Department. Examination is based on information and materials covered during the 12 hour prelicensing course.

Filing Requirements - Corporation:
Application: Application for Bail License, form 431-2.

Bond: A Bond of Bail Agent, form 437-9, in the penal sum of $1,000 executed by a California admitted surety, and signed by the principal.

Action Notice Of Appointment: A Bail Agent Action Notice, form 437-23, executed by a surety insurer or it's authorized representative.

Forms Filing List: A copy of the forms or documents which the corporation intends to use regularly or frequently in connection with bail transactions.

Action Notice Statement Of Employing Bail Agent Or Permittee: Form 438, required when employing or terminating the employment of a natural person to act as a bail agent for the corporation.

FEES - Corporation:

  • License filing: $241 per company
  • Renewal: $72 per company

Additional Information
Federal law (Title 18 United States Code Section 1033) prohibits anyone who has been convicted of a felony involving dishonesty or a breach of trust from conducting the business of insurance unless they have obtained the written consent of the Insurance Commissioner. It is a violation of this statute to conduct business of insurance without the Commissioners written consent. If you have been convicted of a felony involving dishonesty or a breach of trust then you must attach a copy of this consent. If you have not obtained this written consent you must do so by filing a 1033 Short Form Application for Written Consent prior to filing your application.

Effective January 01, 1997, licenses may be issued to corporations to act as bail agents. Each officer, director, stockholder, and employee must hold an individual bail agent license.

Any change in stockholders for the corporation shall require the prior approval of the department. Changes in stockholders, officers or directors may be submitted on form 437-25.

Bail licensees are issued for a one year term and expire June 30, of each year.

A Bail Identification card will be issued for all individual licensees.

An individual Bail agent's and a permittee's license may be applied for at the same time, on the same application. Only a permittee's bond is required.

If a currently licensed bail permittee is now applying for an agent's license, the permittee's bond on file will cover both licenses.

If a bail solicitor applicant is to work for two or more bail licensees who are members of a partnership, a separate Action Notice Statement from each employer and an additional filing fee for each is required.

A corporation may not employ a bail solicitor or permittee.

To obtain insurance licensing forms by mail, send request to: Department of Insurance, 320 Capitol Mall, Sacramento, CA 95814-4309, or you may phone Sacramento at (800) 967-9331 or (916) 322-3555, press 3.

To obtain insurance licensing information, you may phone our Sacramento office at (800) 967-9331 or (916) 322-3555.

ALL FEES MAILED TO THE DEPARTMENT MUST BE ADDRESSED TO:

DEPARTMENT OF INSURANCE
P.O. BOX 1139
SACRAMENTO, CA 95812-1139

ALL FILING FEES SUBMITTED ARE NOT REFUNDABLE, WHETHER OR NOT THE APPLICATION IS ACTED UPON OR THE EXAMINATION TAKEN.

LIC 651 (Rev. 05/2008)

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