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§ 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

In one sentenceSection 995.630 requires a court or officer to accept an admitted surety insurer as surety on a bond without further acknowledgment once the bond is executed under penalty of perjury or duly acknowledged, and either a certified authorization record is on file with the county clerk or a power of attorney copy is attached to the bond.

Full Text of § 995.630

Text sizeJump to: (a) (b)

An admitted surety insurer shall be accepted or approved by the court or officer as surety on a bond without further acknowledgment if the bond is executed in the name of the surety insurer under penalty of perjury or the fact of execution of the bond is duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions, at the option of the surety insurer, is satisfied:
(a) A copy of the transcript or record of the unrevoked appointment, power of attorney, bylaws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the bond to do so for and in behalf of the insurer, is filed in the office of the clerk of the county in which the court or officer is located.
(b) A copy of a power of attorney is attached to the bond.

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.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: admitted surety insurer bond acceptance californiapower of attorney surety bond california