31A-35-401.  Requirement for license or certificate of authority — Process — Fees — Limitations.

(1) 

Terms Used In Utah Code 31A-35-401

  • Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(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:
    (a) 
    (i) completed by an applicant to provide information about the risk to be insured; and
    (ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
    (A) insure the risk under:
    (I) the coverage as originally offered; or
    (II) a modification of the coverage as originally offered; or
    (B) decline to insure the risk; or
    (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:
    (a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
    (b) issued to a court, magistrate, or authorized officer to secure:
    (i) the release of a person from incarceration; and
    (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:
    (a) is licensed under Subsection 31A-35-404(1) or (2);
    (b) 
    (i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;
    (ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or
    (iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
    (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:
    (a) is appointed by:
    (i) a surety insurer that sells bail bonds; or
    (ii) a bail bond agency licensed under this chapter;
    (b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and
    (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:
    (i) a policy;
    (ii) a certificate;
    (iii) an application;
    (iv) an outline of coverage; or
    (v) an endorsement. See Utah Code 31A-1-301
  • Insurance: includes :
    (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;
    (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
    (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 :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. 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
  • 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:
    (a) by any means;
    (b) for money or its equivalent; and
    (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:
    (a) is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers;
    (b) receives a certificate under this title; and
    (c) sells bail bonds in connection with judicial proceedings. See Utah Code 31A-35-102
    (a)  A person may not engage in the bail bond insurance business unless that person:

    (i)  is a bail bond agency licensed under this chapter;

    (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

    (iii)  is a bail bond producer licensed in accordance with this section.

    (b)  A bail bond agency shall be licensed under this chapter as an agency.

    (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:

    (a)  a completed application form as prescribed by the commissioner;

    (b)  a fee as determined by the commissioner in accordance with Section 31A-3-103; and

    (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) 

    (a)  A bail bond agency shall be domiciled in Utah.

    (b)  A bail bond producer shall be a resident of Utah.

    (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.

    Amended by Chapter 234, 2016 General Session