If the withdrawal of a surety does not reduce the amount of the bond or the number of sureties below the minimum required by the statute providing for the bond, no new bond is required or necessary to maintain the original bond in effect.
§ 996.350.Effect of Withdrawal of Surety
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 13. Cancellation of Bond or Withdrawal of Sureties · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 996.350 excuses the principal from giving a new bond after a surety withdraws whenever the withdrawal doesn't drop the bond's amount or its number of sureties below the minimum the authorizing statute requires.
Full Text of § 996.350
Plain-English Summary
Not every withdrawal forces the principal into a scramble for a replacement. If a bond has more sureties, or more coverage, than the underlying statute strictly requires, one surety's departure can leave the bond still fully compliant.
When that's the case, when withdrawal doesn't push the bond's amount or its number of sureties below the statutory minimum, this section says no new bond is required, or even necessary, to keep the original bond in effect. The remaining sureties continue covering the bond exactly as before.
Frequently Asked Questions
Does every surety withdrawal require the principal to obtain a new bond?
No. A new bond isn't required if the withdrawal doesn't drop the bond's amount or number of sureties below the statutory minimum.
What is the statutory minimum this section refers to?
The minimum bond amount or number of sureties required by the statute that provides for the bond.
What happens to the bond if the minimum is still met after a surety withdraws?
It stays in effect with no new bond needed.
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: surety withdrawal no new bond requiredminimum sureties bond california