Del. Code tit. 18 § 4333A

Current through 2024 Legislative Session Act Chapter 364
Section 4333A - Additional application requirements for surety bail agents
(a) In addition to the requirements of section 4333, every applicant for a surety bail agent license shall file with the Commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing such applicant to execute undertakings of bail and to solicit and negotiate such undertakings on its behalf.
(b) An appointment of a person as a surety bail agent by a surety insurer pursuant to this subsection shall constitute certification by such insurer that, to the best of the insurer's knowledge and belief, such person is competent, financially responsible and suitable to serve as a representative of the insurer. No person shall represent to the public that such person has the authority to represent an insurer as its surety bail agent until such person has been appointed by an insurer as such agent in accordance with this section. An insurer shall be bound by the acts of such person within the scope of such person's actual authority as such insurer's agent.
(c) Each appointment shall, by its terms, continue in force until:
(i) Termination of the surety bail bond agent's license; or
(ii) the filing of a notice of termination with the Commissioner by the surety insurer or its representative or by such surety bail agent.
(d) Each insurer shall annually conduct an audit, for the period from January first through December thirty-first, of each of its appointed surety bail agents to ensure such agents are charging the premium rate as required by section 4347 of this subchapter. Not later than forty-five days after the closing of the year (period of each audit), each insurer shall notify the Commissioner of the failure of any surety bail bond agent to charge the premium rate approved by the Commissioner pursuant to chapter 25. Such notice shall include the name of the surety bail bond agent, the case docket number if assigned, the total amount of the bail bond, the date the bail bond was executed, the amount of the premium charged and reported to the surety insurer, the State, County and Court in which the bond was executed, the five-digit identification code assigned to the insurer by the National Association of Insurance Commissioners and the date the premium was due.

18 Del. C. § 4333A

Added by Laws 2013, ch. 177,s 1, eff. 1/1/2014.