Bail Bond Agent

DEFINITION

A bail bond agent is an individual or business appointed by a surety company to execute or countersign the insurer's bail bonds in connection with judicial proceedings. ARS § 20-340(1).

In certain judicial proceedings, a defendant is provided an opportunity to be released on bail. Bail is an amount deposited with and held by a court as a guarantee that the defendant will appear in court. Bail can always be paid in cash. Rather than requiring a cash deposit, a court will sometimes accept bail in the form of a financial guaranty from a surety company, called a bail bond.

With a bail bond, an indemnitor pays the bail bond agent an insurance premium for the bail bond and provides the surety company (through the bail bond agent) collateral that has a value that will cover the bail amount if the defendant violates the court's conditions of release. If the defendant appears in court when required, the surety company must return the collateral to the indemnitor. ARS § 20-340.03(A)(6)

If the court finds that the defendant failed to appear without good cause, the court will issue an order causing the person who posted bail to forfeit the bail to the court. If the court accepted a bail bond in lieu of cash, the surety company must pay the bail amount to the court, but has the opportunity to recover the bail amount by apprehending the defendant. The surety company may uitilize a bail bond agent or bail recovery agent to arrest the defendant. ARS § 13-3885(A) and (G).

WHO MUST BE LICENSED

An individual or business entity must be an Arizona-licensed bail bond agent in order to act as a bail bond agent. ARS § 20-340.01(A).

APPLICATION REQUIREMENTS (not an exhaustive list)

Not everyone qualifies for an insurance license. Arizona law prohibits a bail bond agent from being "...a person convicted in any jurisdiction of theft or of any felony or of any crime involving carrying or the possession of a deadly weapon or dangerous instrument." ARS § 20-340.03(A)(9). Additionally, the Department can deny a license for any cause listed in Arizona Revised Statutes ("ARS") § 20-295. You should review these statutes before deciding to spend the time, effort and money to apply for a license. If you apply for a license, you must truthfully and completely answer questions asked on the application, and you may need to provide additional documentation.

GENERAL REQUIREMENTS Common to All Applicants
Be the minimum age Individuals must be at least 18 years old. ARS §§ 20-285(B)(1) and 20-340.06
Maintain an Arizona office location You must have and maintain a public-accessible office within Arizona where you keep usual and customary records of Arizona transactions. ARS § 20-340.01(B)
Pass an exam (individual applicant) Individuals applying for a license must pass an exam. ARS §§ 20-284 and 20-340.06
Fees
(nonrefundable per ARS § 20-167(A))
SPECIFIC REQUIREMENTS For Arizona Residents For Residents of Other States (Arizona Non-residents) For Relocating to Arizona from Outside Arizona
Submit fingerprints Submit fingerprints for individuals and business-entity members, officers, directors and owners. ARS § 20-142(E) Submit fingerprints for individuals and business-entity members, officers, directors and owners. ARS § 20-142(E) Submit fingerprints for individuals and business-entity members, officers, directors and owners. ARS § 20-142(E)
Apply for the license      
  • Individual

Form L-152
ARS § 41-1080

Form L-169
ARS §§ 20-285(A) and 20-340.06

Form L-195
ARS § 20-340.02(A)

Form L-152
ARS § 41-1080

Form L-169
ARS §§ 20-285(A) and 20-340.06

Form L-195
ARS § 20-340.02(A)

Form L-152
ARS § 41-1080

Form L-169
ARS §§ 20-285(A) and 20-340.06

Form L-195
ARS § 20-340.02(A)

  • Business entity

Each owner and shareholder must be individually licensed as a bail bond agent. ARS § 20-340.01(B)

Form L-176
ARS §§ 20-285(A) and 20-340.06

Form L-195
ARS § 20-340.02(A)

Form L-176
ARS §§ 20-285(A) and 20-340.06

Form L-195
ARS § 20-340.02(A)

Each owner and shareholder must be individually licensed as a bail bond agent. ARS § 20-340.01(B)

Form L-176
ARS §§ 20-285(A) and 20-340.06

Form L-195
ARS § 20-340.02(A)

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BAIL BOND AGENT ANNUAL REPORTING REQUIREMENT

Each year by April 1, pursuant to ARS § 13–3885(D), each bail bond agent must submit an annual report to the Department of Insurance (using Form L–BBAR) listing all bail recovery agents employed, hired as independent contractors or otherwise utilized by the bail bond agent during the year. This report shall certify that all employees of the bail bond agent have met the requirements prescribed in ARS § 20–340.03 and that all bail recovery agents have complied with ARS § 20340.04. The report shall include the name, home and business addresses, date of birth, telephone number, and a two-inch wide by three-inch high photograph of the face of each person identified in the report.


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