§ 21-101. Authority of surety insurers to execute bonds  


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  •    (a) In general. -- A surety insurer qualified to act as surety or guarantor under this article may execute:

       (1) a bond, undertaking, recognizance, or other obligation that is required or allowed to be made, given, tendered, or filed with a surety by law or in the charter, ordinances, rules, or regulations of a municipal corporation, board, body, organization, court, judge, or public officer; and

       (2) a guaranty of the performance of an act, duty, or obligation, or the refraining from an act, that is required or allowed to be guaranteed.

    (b) Effect of execution. -- The execution by a qualified surety insurer of a bond, undertaking, recognizance, obligation, or guaranty is in full compliance with each requirement of each law, charter, ordinance, rule, or regulation that:

       (1) the bond, undertaking, recognizance, obligation, or guaranty shall be executed by a surety; or

       (2) the surety shall be a resident, householder, or freeholder, or either or both, or shall have any other qualifications.

    (c) Acceptance of bond. -- Each court, judge, department head, board, body, municipal corporation, and public officer shall accept a bond, undertaking, recognizance, obligation, or guaranty executed by a qualified surety insurer and treat it as conforming to and fully complying with each requirement of each applicable law, charter, ordinance, rule, or regulation.

    (d) Release from liability on bond. -- A surety insurer may be released from its liability on a bond, undertaking, recognizance, obligation, or guaranty executed under subsection (a) of this section on the same terms and conditions provided by law for the release of an individual surety.


HISTORY: An. Code 1957, art. 48A, § 483, 484; 1996, ch. 11.