Effective: October 9, 2001
Latest Legislation: House Bill 730 - 123rd General Assembly
(A) A surety bail bond agent that accepts collateral security or other indemnity shall comply with all of the following requirements:
(1) The collateral security or other indemnity shall be reasonable in relation to the amount of the bond.
(2) The collateral security or other indemnity shall not be used by the surety bail bond agent for personal benefit or gain and shall be returned in the same condition as received.
(3) Acceptable forms of collateral security or indemnity include cash or its equivalent, a promissory note, an indemnity agreement, a real property mortgage in the name of the surety, and any filing under Chapter 1309. of the Revised Code. If the surety bail bond agent accepts on a bond collateral security in excess of fifty thousand dollars in cash, the cash amount shall be made payable to the surety in the form of a cashier's check, United States postal money order, certificate of deposit, or wire transfer.
(4) The surety bail bond agent shall provide to the person giving the collateral security or other indemnity, a written, numbered receipt that describes in a detailed manner the collateral security or other indemnity received, along with copies of any documents rendered.
(5) The collateral security or other indemnity shall be received and held in the surety's name by the surety bail bond agent in a fiduciary capacity and, prior to any forfeiture of bail, shall be kept separate and apart from any other funds or assets of the surety bail bond agent. However, when collateral security in excess of fifty thousand dollars in cash or its equivalent is received on a bond, the surety bail bond agent promptly shall forward the entire amount to the surety or managing general agent.
(B) Collateral security may be placed in an interest-bearing account in a federally insured bank or savings and loan association in this state, to accrue to the benefit of the person giving the collateral security. The surety bail bond agent, surety, or managing general agent shall not make any pecuniary gain on the collateral security deposited.
(C)(1) The surety is liable for all collateral security or other indemnity accepted by a surety bail bond agent. If, upon final termination of liability on a bond, the surety bail bond agent or managing general agent fails to return the collateral security to the person that gave it, the surety shall return the actual collateral to that person or, in the event that the surety cannot locate the collateral, shall pay the person in accordance with this section.
(2) A surety's liability as described in division (C)(1) of this section survives the termination of the surety bail bond agent's appointment, with respect to those bonds that were executed by the surety bail bond agent prior to the termination of the appointment.
(D) If a forfeiture occurs, the surety bail bond agent or surety shall give the principal and the person that gave the collateral security ten days' written notice of intent to convert the collateral deposit into cash to satisfy the forfeiture. The notice shall be sent by certified mail, return receipt requested, to the last known address of the principal and the person that gave the collateral.
The surety bail bond agent or surety shall convert the collateral deposit into cash within a reasonable period of time and return that which is in excess of the face value of the bond minus the actual and reasonable expenses of converting the collateral into cash. In no event shall these expenses exceed ten per cent of the face value of the bond. However, upon motion and proof that the actual and reasonable expenses exceed ten per cent, the court may allow recovery of the full amount of the actual and reasonable expenses. If there is a remission of forfeiture that required the surety to pay the bond to the court, the surety shall pay to the person that gave the collateral the value of any collateral received for the bond minus the actual and reasonable expenses permitted to be recovered under this division.
(E) A surety bail bond agent or surety shall not solicit or accept a waiver of any of the provisions of this section, or enter into any agreement as to the value of the collateral.
(F) No person shall fail to comply with this section.
Structure Ohio Revised Code
Chapter 3905 | Insurance Producers Licensing Act
Section 3905.01 | Insurance Producers Licensing Act Definitions.
Section 3905.02 | License Required.
Section 3905.03 | Exceptions to Licensing Requirement.
Section 3905.04 | Written Examination of Applicant for Agent License.
Section 3905.041 | Exceptions to Program of Insurance Education or Examination Requirement.
Section 3905.05 | Application for Resident Insurance Agent License.
Section 3905.051 | Criminal Records Check; Fingerprinting; Confidentiality.
Section 3905.06 | Issuance and Contents of License - Lines of Authority.
Section 3905.061 | Agent to File of Change of Address.
Section 3905.062 | Portable Electronics Insurance.
Section 3905.063 | Self-Service Storage Insurance; License Required.
Section 3905.064 | Travel Insurance Definitions.
Section 3905.065 | Travel Insurance Agent License; Travel Protection Plans; Policy Requirements.
Section 3905.066 | Travel Retailers.
Section 3905.067 | Unfair and Deceptive Acts or Practices.
Section 3905.068 | Tax on Travel Insurance Premiums.
Section 3905.069 | Travel Administrators.
Section 3905.0610 | Classification of Travel Insurance; Eligibility and Underwriting Standards.
Section 3905.07 | Nonresident Insurance Agent or Surplus Lines Broker License; Renewal.
Section 3905.071 | Nonresident to File Change of Address.
Section 3905.072 | Nonresident Limited Lines Insurance Agent License.
Section 3905.08 | Reciprocity.
Section 3905.09 | Temporary Insurance Agent License.
Section 3905.11 | Agent's Use of Assumed Name.
Section 3905.14 | Disciplinary Actions.
Section 3905.15 | Hearing to Determine Administrative Action Modification.
Section 3905.16 | Surrender of License.
Section 3905.18 | Paying Unlawful Consideration.
Section 3905.181 | Accepting Consideration Without License.
Section 3905.182 | Sale of Shares of Capital Stock of Life Insurance Company or Agency.
Section 3905.20 | Appointment of Insurance Agent to Act as Agent of Insurer.
Section 3905.201 | Limited Line Credit Insurance Program of Instruction.
Section 3905.21 | Notice of Terminating Relationship With Insurance Agent.
Section 3905.24 | Confidentiality of Records and Information - Exceptions.
Section 3905.26 | Centralized Agent License Registry.
Section 3905.29 | Mutual Protective Associations Exempted.
Section 3905.30 | Resident and Nonresident Surplus Lines Broker's License.
Section 3905.31 | Prohibitions.
Section 3905.32 | License Fees.
Section 3905.331 | Exempt Commercial Purchasers; Qualifications; Qualified Risk Managers.
Section 3905.332 | Designation as Domestic Surplus Lines Insurer.
Section 3905.34 | Separate Accounts.
Section 3905.37 | Prohibited Acts.
Section 3905.39 | Continuation of Certificates and Licenses.
Section 3905.40 | Fees Paid to Superintendent of Insurance.
Section 3905.401 | Valuation Fee Not Applicable to Reinsurance Ceded to Affiliated Companies.
Section 3905.41 | Accounts for Fees.
Section 3905.42 | Insurance Business Must Be Authorized.
Section 3905.421 | Vehicle Protection Product Warranty.
Section 3905.422 | Homes Service Contract Are Consumer Transactions.
Section 3905.423 | Consumer Goods Contracts to Be Covered by Reimbursement Insurance.
Section 3905.424 | Waiver of Customer Obligation Not Insurance Matter.
Section 3905.426 | Requirements for Ancillary Product Protection Contracts.
Section 3905.43 | Advertising Limitations.
Section 3905.44 | Limitation Upon Domestic Companies.
Section 3905.45 | Payment of Funeral or Burial Expenses Policy.
Section 3905.451 | Funeral or Burial Goods or Services Coverage Not Subject to Preneed Provisions.
Section 3905.46 | Application of Law.
Section 3905.47 | Agent Training Programs.
Section 3905.471 | Insurance Navigator Certification.
Section 3905.472 | Qualified Health Benefit Plans.
Section 3905.473 | Exchange Listings.
Section 3905.474 | Qualifications for In-Person Assisters.
Section 3905.481 | Continuing Education Requirements.
Section 3905.484 | Establishing Criteria for Course or Program of Study for License Examination.
Section 3905.486 | Adoption of Rules.
Section 3905.49 | Prohibiting False Representation as Independent Agent.
Section 3905.50 | Terminating Independent Insurance Agent Contract.
Section 3905.53 | Effect of Child Support Default on License.
Section 3905.56 | Compensation by Public Entity for Placement of Insurance.
Section 3905.61 | Controlled Insurers Definitions.
Section 3905.62 | Application of Sections.
Section 3905.63 | Limits on Business Placed With Controlled Insurer by Controlling Producer.
Section 3905.64 | Notice to Prospective Insured by Controlling Producer.
Section 3905.65 | Remedies for Noncompliance.
Section 3905.71 | Managing General Agent Definitions.
Section 3905.72 | Managing General Agent License Requirement.
Section 3905.73 | Responsibilities of Managing General Agent.
Section 3905.74 | Independent Financial Examination of Each Managing General Agent.
Section 3905.75 | Acts of Agent Deemed Acts of Insurer - Examinations.
Section 3905.76 | Prohibition.
Section 3905.77 | Penalties for Violations.
Section 3905.78 | Rights Not Limited or Restricted.
Section 3905.81 | Reinsurance Intermediary-Broker or Intermediary-Manager License Required - Rules.
Section 3905.83 | Surety Bail Bond Agent Definitions.
Section 3905.84 | Surety Bail Bond Agent to Be Qualified, Licensed, and Appointed.
Section 3905.841 | Persons or Classes of Persons Not to Act as Agents.
Section 3905.85 | Surety Bail Bond Agent License.
Section 3905.851 | No Imposition of Local Licensing Fees.
Section 3905.86 | Appointment of Agent by Insurer.
Section 3905.861 | Extending Appointments to Affiliated Agents.
Section 3905.862 | Expiration or Cancellation of Appointment; Fee.
Section 3905.88 | Continuing Education.
Section 3905.89 | Notice of Change of Principal Business Address or Telephone Number.
Section 3905.90 | Records of Surety Bonds to Be Maintained - Furnishing of Information.
Section 3905.901 | Determination of Direct Written Premiums for Bail Bonds.
Section 3905.91 | Build-Up Funds.
Section 3905.92 | Requirements for Acceptance of Collateral Security or Other Indemnity.
Section 3905.921 | Discharge of Bond Where Collateral Security or Other Indemnity Accepted.
Section 3905.93 | Bail Bond - Charges and Fees.
Section 3905.931 | Furnishing of Forms and Other Supplies.
Section 3905.932 | Prohibited Acts.
Section 3905.933 | Signing or Countersigning Agent's Name to a Bond.
Section 3905.934 | Advertising Requirements.
Section 3905.94 | License Suspension or Revocation.