Idaho Administrative Code
Title IDAPA 18 - Insurance, Department of
Rule 18.06.01 - RULES PERTAINING TO BAIL AGENTS
Section 18.06.01.017 - BAIL AGENT FINANCING OF BAIL BOND PREMIUMS

Universal Citation: ID Admin Code 18.06.01.017

Current through August 31, 2023

01. Written Agreement. No credit may be extended by any bail agent or surety insurance company for the payment of any bail bond premium without entering into a written agreement. The written agreement for the extension of credit to finance premium need to contain at a minimum the following: (3-31-22)

a. The name, signatures, and dates of signatures of all parties to the credit agreement; (3-31-22)

b. The amount of premium financed; (3-31-22)

c. The per annum rate of interest; and (3-31-22)

d. The scheduled premium payment dates. (3-31-22)

02. Early Surrender for Failure to Pay. If failure to pay premiums due under a credit arrangement may result in the early surrender of the defendant, that fact needs to be clearly set forth in the written credit agreement. Early surrender for failure to make premium or interest payments when due is to be handled in accordance with Section 41-1044, Idaho Code, and neither the bail agent nor the surety is entitled to seek recovery of any amounts unpaid as of the date of surrender. (3-31-22)

03. Collateral for Credit Agreement. If the credit agreement is to be collateralized, the collateral will not be excessive in relation to the amount of premium financed, will be separate and apart from any collateral used in the bail bond transaction, will be described in the credit agreement or in an attachment to the agreement, and will be handled in accordance with Section 41-1043, Idaho Code. (3-31-22)

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