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§ 995.640.Certificate Stating Whether Surety Admitted

Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 6. Admitted Surety Insurers · Last amended 2009 · Last verified July 28, 2026

In one sentenceSection 995.640 requires a county clerk, after reviewing the Department of Insurance's website, to issue on request a certificate confirming whether an insurer is an admitted surety and whether its authority has been surrendered, revoked, or suspended, and a separate certificate confirming whether the insurer's authorization instrument for a signer is on file with the clerk.

Full Text of § 995.640

Text sizeJump to: (a) (b)

Upon review of the Internet Web site of the Department of Insurance, the county clerk of any county shall, upon request of any person, do any of the following:
(a) Issue a certificate stating whether a surety is admitted or if the certificate of authority of an admitted surety insurer issued by the Insurance Commissioner authorizing the insurer to transact surety insurance has been surrendered, revoked, canceled, annulled, or suspended, and, in the event that it has, whether renewed authority has been granted. The county clerk in issuing the certificate shall rely solely upon the information furnished by the Insurance Commissioner pursuant to Article 2 (commencing with Section 12070) of Chapter 1 of Part 4 of Division 2 of the Insurance Code.
(b) Issue a certificate stating whether 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 an admitted surety insurer entitling or authorizing the person who executed a bond to do so for and on behalf of the insurer, is filed in the office of the clerk.

Plain-English Summary

This section gives anyone -- a party, a beneficiary, an attorney -- a way to check an insurer's surety credentials through the county clerk. On request, and after checking the Department of Insurance's website, the clerk must issue a certificate stating whether a given insurer is admitted, and whether its certificate of authority to transact surety insurance has been surrendered, revoked, canceled, annulled, or suspended -- and, if so, whether that authority has since been renewed.

The clerk relies solely on what the Insurance Commissioner has published for this purpose; verifying the insurer's actual solvency isn't the clerk's job. Subdivision (b) covers a second, related certificate: whether the authorization instrument described in § 995.630(a) -- the appointment, power of attorney, bylaws, or similar document letting someone sign for the insurer -- is on file in that clerk's office.

Section 995.650 puts this certificate to direct use: it's one of the two documents a party objecting to an admitted surety insurer's sufficiency must attach to the objection.

Frequently Asked Questions

What information can a county clerk certify about an admitted surety insurer?

Whether the insurer is admitted and whether its certificate of authority has been surrendered, revoked, canceled, annulled, or suspended, and whether any such authority has been renewed.

Where does the clerk get this information?

Solely from what the Insurance Commissioner has furnished under the Insurance Code, reviewed on the Department of Insurance's website.

Can the clerk also certify whether an authorization instrument is on file?

Yes, § 995.640(b) covers a certificate confirming whether the instrument described in § 995.630(a) has been filed with that clerk.

Amendment History

Amended by Stats 2008 ch 351 (SB 1279),s 1, eff. 1/1/2009. Amended by Stats 2005 ch 22 (SB 1108),s 19, eff. 1/1/2006

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
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