If a new bond is given in place of the original bond:
§ 996.240.New Bond Given
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 12. New, Additional, and Supplemental Bonds · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 996.240 provides that when a new bond replaces the original, the original bond stays fully enforceable for liabilities and conduct that predate the new bond, while the original sureties owe nothing for the principal's conduct or any liabilities arising after the new bond takes effect.
Full Text of § 996.240
(a) The original bond remains in full force and effect for all liabilities incurred before, and for acts, omissions, or causes existing or which arose before, the new bond became effective.
(b) The sureties on the original bond are not liable for any act, default, or misconduct of the principal or other breach of the condition of the bond that occurs after or for any liabilities on the bond that arise after, the new bond becomes effective.
Plain-English Summary
This is the replacement-bond counterpart to § 996.150's surety-release rules, and it works the same way. Subdivision (a) keeps the original bond in full force for everything that happened, or that existed, before the new bond became effective; those liabilities don't disappear just because a new bond has taken over going forward.
Subdivision (b) draws the forward-looking line: the sureties on the original bond aren't liable for any act, default, or misconduct of the principal, or any other breach of the bond's condition, that happens after the new bond becomes effective, and they aren't liable for liabilities that first arise after that point either.
Frequently Asked Questions
Does giving a new bond erase liability under the old bond?
No. The original bond remains in full force for liabilities incurred, and acts or omissions that existed, before the new bond took effect.
Are the original sureties liable for anything after the new bond takes effect?
No. Subdivision (b) frees them from liability for conduct or claims arising after the new bond becomes effective.
How does this compare to the release of a single surety under § 996.150?
It works the same way -- § 996.150 splits pre- and post-release liability for a released surety, just as this section splits pre- and post-effective-date liability when a new bond replaces the original.
Amendment History
Added by Stats. 1982, Ch. 998, Sec. 1.
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: new bond replaces original californiaeffect of giving new bond on liability