La. Admin. Code tit. 37 § XIII-18709

Current through Register Vol. 50, No. 6, June 20, 2024
Section XIII-18709 - Definitions
A. These terms when used in this Chapter shall have the following meanings.

Bail-the security given by a person to assure a defendant's appearance before the proper criminal court whenever required.

Bail Bond Producer-any person, corporation, or partnership which holds an insurance license and has a contract and an appointment from an insurer licensed and authorized to provide surety in Louisiana.

Bail Bond Transaction-a transaction between a bail bond producer or agency and defendant or person on behalf of defendant to secure collateral, premiums, and fees for securing the release of a defendant and guaranteeing a set sum of money to the court if the defendant fails to appear in criminal court when required. Furthermore, a bail bond transaction includes the solicitation and inducement, preliminary negotiation, and effectuation of a contract of surety insurance and matters related thereto, all in connection with the defendant's release.

Collateral-anything of value, including money, personal property, or real property, which is accepted by a bail bond producer as security against potential losses arising from a contract of surety and is utilized as part of a bail bond transaction.

Commissioner-the Louisiana Commissioner of Insurance.

Fiduciary-a person who holds a thing in trust for another, such as a trustee; a person holding the character of a trustee, or a character analogous to that of a trustee, with respect to the trust and confidence involved in it and the scrupulous good faith and candor which it requires; a person having the duty, created by his undertaking, to act primarily for another's benefit in matters connected with such undertaking.

Forfeiture-the issuance of a judgment of bond forfeiture resulting from a defendant's failure to appear in court when required or to otherwise comply with any court ordered conditions of release as contemplated in the Code of Criminal Procedure.

Insurance Producer-a person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance, and includes all persons or business entities otherwise referred to in Title 22 of the Louisiana Insurance Code as insurance agent or agent, or insurance broker or broker, or insurance solicitor or solicitor, or surplus lines broker.

Surety-an insurer licensed and authorized to provide surety in Louisiana.

La. Admin. Code tit. 37, § XIII-18709

Promulgated by the Department of Insurance, Office of the Commissioner, LR 482986 (12/1/2022).
AUTHORITY NOTE: Promulgated in accordance with R.S. 22:2, 22:11, 22:1542, 22:1547, 22:1554, 22:1562, and the Administrative Procedure Act, R.S. 49:950, et seq.