Alabama § 15-13-159 - Qualifications for Professional Surety Companies; List of Authorized Surety Companies; Death or Incapacitation of Owner.

§ 15-13-159. Qualifications for Professional Surety Companies; List of Authorized Surety Companies; Death or Incapacitation of Owner.

(a) No professional surety company shall execute or become surety on any appearance bond in this state unless it has an order granting authorization to become professional surety on any bail. The order granting the authorization shall be reissued annually, prior to January 1 of each year, by the presiding circuit judge of the county in which the company desires to execute bail or appearance bonds. Prior to the judge’s issuance of the original order and no later than December 1 of each year, thereafter, professional surety companies shall submit annually to the presiding circuit judge all of the following:

(1) An original or certified copy of a certificate of authority or certificate of compliance from the Department of Insurance reflecting that the company is qualified to write a bail line of insurance and that the company is in good standing with the department.

(2) An original qualifying power of attorney issued by the professional surety company, specifying any applicable limitations and the names of the agents that may execute and bind the company to a bail undertaking. The qualifying power of attorney shall not name any company, corporation, or other entity as an agent except a person as defined as a professional bondsman in Division 1, Section 15-13-100 et seq., and that person shall be an agent of the company licensed with the Department of Insurance.

(3) A copy of the license issued by the Department of Insurance of each agent who is named in or appointed by the qualifying power of attorney in subdivision (2) or a letter or other documentation from the department indicating that the appointed agents are temporarily licensed as agents of the professional surety company for those lines of insurance.

(4) An affidavit or certification in writing, under oath, executed by a licensed agent of the professional surety company who is the manager or an owner or president of a corporation, company, partnership, or other entity that represents the professional surety company, filed with the clerk of the circuit court of each county in which the professional surety company executes or becomes surety on appearance bonds, stating the following:

a. That all appearance bonds shall be executed in the name of the professional surety company as surety by the agents listed or appointed in the qualifying power of attorney presented to the court or any other qualifying powers of attorney filed with the circuit clerk of the county.

b. That all agents listed or appointed in the qualifying powers of attorney shall be licensed by the Department of Insurance prior to their appointments.

c. That any agency, company, corporation, or other entity that represents the professional surety company in the county has no owners or other persons having a direct or indirect financial interest in such agency, company, corporation, or other entity who have been convicted of a felony or a crime involving moral turpitude. If any individual having a direct or indirect financial interest in such agency, company, corporation, or other entity has been convicted of a felony or a crime involving moral turpitude, then the affidavit or certification shall certify that there has been such conviction, providing the name of the individual convicted, and certify that the individual convicted has been pardoned or has had a restoration of civil rights.

d. That the professional surety company has no knowledge of forfeitures or delinquent bail bond posting fees that have been final for more than 30 days and that have not been paid to the clerk of the court arising out of surety undertaking, and that the professional surety company has no petitions, motions, or other litigation matters pending.

e. That no agents of the professional surety company who have the authority to execute appearance bonds on its behalf, or any person having a financial interest, direct or indirect, in the ownership or management of any agency, company, corporation, or other entity that represents the professional surety company in the execution of appearance bonds, is an attorney, a judicial official, a person authorized to accept an appearance bond, or an agent of an attorney, judicial official, or person authorized to accept an appearance bond.

f. The names and addresses of all persons, officers, employees, and agents of the agency, company, corporation, or other entity that represents the professional surety company becoming surety on appearance bonds who have a direct or indirect financial interest in the agency, company, corporation, or other entity representing the professional surety company and the nature and extent of each interest.

g. That those persons stated in this section have not, within a period of two years, violated any provisions of this chapter or any rules adopted by the Supreme Court of Alabama in accordance with this chapter.

(5) A copy of the current license issued by the Alabama Professional Bail Bonding Board pursuant to the Alabama Bail Bond Regulatory Act, Article 8.

(b)(1) Not more than 30 days after the presiding circuit court judge of the county issues the order granting authorization to professional surety companies, the circuit clerk shall prepare a list of authorized surety companies. The list shall include all of the following information:

a. The name of each authorized surety company.

b. The name of each owner attached to each authorized surety company.

c. All final forfeitures and bail bond posting fees owed to the court by each surety company which are more than 30 days past due.

(2) The circuit clerk shall submit the list of authorized surety companies to the presiding judge of the circuit and the Alabama Professional Bail Bonding Board.

(c) A professional surety bondsman may not own a professional surety company until he or she has been licensed as a professional surety bondsman for at least three years. If the owner of a professional surety company dies or becomes completely incapacitated, as determined by the board, his or her professional surety company may be sold to an unlicensed individual. The unlicensed individual shall have 90 calendar days, from date of purchase, to obtain a license and shall employ a minimum of one employee who has been licensed for at least three consecutive years.