California Title 10 Bail Regulations
California Title 10 Bail Law - TRANSACTION OF BAIL THROUGH PARTNERSHIPS AND EMPLOYEES PDF Print E-mail
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California Title 10 Bail Law
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TRANSACTION OF BAIL THROUGH PARTNERSHIPS AND EMPLOYEES
CONDUCT OF BAIL LICENSEES
CONDUCT OF BAIL LICENSEES (cont)
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TRANSACTION OF BAIL THROUGH PARTNERSHIPS AND EMPLOYEES

2060. Natural Persons Only

Only natural persons may be issued a bail license.

2061. Transacting as Partners; Notices

Two or more bail agents or permittees desiring to transact bail as partners shall file with the commissioner the written statement required by Section 2061.2 at least 10 days prior to so transacting, except as provided by Section 2061.3.

2061.1. Partners; Individual Licensing; Rebating

Each partner shall be licensed individually as a bail agent or permittee, or both, and every partner shall be licensed in the same capacity or capacities as the other members of the partnership so that all partners will be licensed in the same capacity or capacities; except the commissioner may permit the inclusion of an unlicensed partner if evidence is presented satisfactory to him that such unlicensed partner will have no functions, duties or responsibilities involving the actual conduct, supervision or transaction of the bail business.

2061.2. Copartners; Filing Individual Statements

A written statement subscribed by each partner shall be filed with the commissioner setting forth:

(a)
The nature of all businesses conducted or intended to be conducted by the partnership.
(b)
The location of the principal place of conduct of the bail business of the partnership and of all other places for the conduct of such business.
(c)
The proportion of ownership of each member of the partnership.
(d)
An agreement to immediately notify the commissioner of any change in the membership of the partnership or of the matters set forth in (a) to (c) hereof.

2061.3. Change in Partnership; Notices

Upon any change in the membership of the partnership whether through death, dissolution, addition, deletion, or otherwise, or upon the revocation of the license of any partner, the survivors or successors to the bail business, if they are to act a partnership, shall file a new statement pursuant to Section 2061.2 and shall be subject to the requirements of Section 2061.1. If the change in membership arises through the death or revocation of the license of three or more persons whose partnership agreement provides for continuation of the partnership by the survivors, such survivors may continue to transact bail as a partnership until the expiration of such reasonable period of time as may be specified in any notice which may be sent by the commissioner pursuant to Section 2054.7.

2061.4. Copartnership Suspension; Prohibitions

If the license of any partner is suspended such partner may not engage in the transaction of bail nor may he receive any commission on, or profit derived from, such transactions entered into by other persons during the period of suspension.

2061.5. Copartnership; Disciplinary Action for Act of One Partner

The licenses of each member of a partnership are subject to suspension or revocation for the failure of the partnership or of any member of the partnership to comply with all laws and rules governing or regulating the conduct of the bail business or acts incidental thereto if such failure occurred with his express or implied knowledge, consent, ratification or collusion.

2062. Licensed Employees; Notice of Employment

A bail agent or permittee or a partnership of bail agents or permittees desiring to employ another person licensed as a bail agent or permittee for the purpose of assisting him in his bail business shall file with the commissioner a written statement as required by Section 2062.2 at least 10 days prior to such employment. If prior to the expiration of such 10-day period the commissioner gives notice to the prospective employer specifying wherein such employment would be contrary to any provision of this article or any law relating to bail, such person shall not be employed. If after such 10-day period and after the establishment of the employer-employee relationship the commissioner gives notice to such wherein the continued employer-employee relationship would be contrary to any provision of this article or any law relating to bail, they shall discontinue such relationship within such reasonable time as the commissioner may prescribe.

2062.1. Employee; Licensed in Same Capacity as Employer

Each such employee (employed pursuant to Section 2062) shall be licensed in the same capacity or capacities as the employing bail licensee or bail licensees.

2062.2. Employment; Written Notices

A written statement subscribed by the employer and each such employee (employed pursuant to Section 2062) shall be filed with the commissioner setting forth:

(a) The fact of employment.

(b)
The location of the place of business from which the employee will normally transact bail.
(c)
The basis of compensation of the employee and if such compensation is to be more than $1,000 per month the amount thereof.
(d)
An agreement to immediately notify the commissioner in writing of any change in the matters set forth in (a) to (c) hereof.

2063. Licensed and Unlicensed Employees; Effect

Sections 2063.1 to 2063.2, inclusive, apply to each employee of a bail agent or permittee whether or not such employee is licensed as a bail agent, permittee or solicitor if such employee performs any duties connected with the transaction of bail by his employer.

2063.1. Employer Supervision; Disciplinary Action

An employing bail agent or permittee shall exercise a reasonable degree of supervision over his employees and make a reasonable effort to keep informed of their acts as his employees. Failure of the employer to exercise such supervision resulting in the violation of law or these regulations by the employee may result in disciplinary action against the employer.

2063.2. Branch Offices

A bail licensee (i.e., the owner, a partner or a licensed employee) shall be in charge, as his usual and customary place of business, of each branch office.

2063.3. Solicitor; Transactions and Conduct

A bail solicitor shall not conduct a bail business or transact bail under any name or at any address other than that of his employer, nor shall he use any forms or documents in connection with a bail transaction other than those of his employer.