§ 995.630.Acceptance Or Approval By Court As Surety Without Further Acknowledgment
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 6. Admitted Surety Insurers · Last amended 1993 · Last verified July 28, 2026
Full Text of § 995.630
Plain-English Summary
This section streamlines how courts and officers confirm that whoever signed a bond on an insurer's behalf had authority to do so. Once the bond itself is executed in the insurer's name under penalty of perjury, or its execution is duly acknowledged before an authorized officer, no further acknowledgment is needed -- provided one of two conditions is also met.
Under subdivision (a), the insurer can have already filed a certified copy of the appointment, power of attorney, bylaws, or similar instrument authorizing the signer, in the office of the county clerk where the court or officer sits. Under subdivision (b), the insurer can instead attach a copy of the power of attorney directly to the bond. Either option, at the insurer's choice, satisfies the section.
Section 995.640 gives county clerks a related role -- issuing certificates confirming whether such authorization documents are on file, and whether an insurer remains admitted.
Frequently Asked Questions
What has to be true before a court accepts an admitted surety insurer's bond without further acknowledgment?
The bond must be executed under penalty of perjury, or its execution duly acknowledged, and either an authorization instrument must be on file with the county clerk or a power of attorney copy must be attached to the bond.
Does the insurer choose which authorization method to use?
Yes, § 995.630 gives the insurer the option between filing the instrument with the county clerk or attaching a power of attorney to the bond itself.
Amendment History
Amended by Stats. 1992, Ch. 380, Sec. 1. Effective January 1, 1993.