(1) (a) A bail bond agency that pledges the assets of a letter of credit from a Utah depository institution in connection with a judicial proceeding shall maintain an irrevocable letter of credit with a minimum face value of $300,000 assigned to the state from a Utah depository institution. (b) Notwithstanding Subsection (1)(a), a bail bond agency described in Subsection (1)(a) that is licensed under this chapter on or before December 31, 1999, shall maintain an irrevocable letter of credit with a minimum face value of $250,000 assigned to the state from a Utah depository institution. (2) (a) A bail bond agency that pledges personal or real property, or both, as security for a bail bond in connection with a judicial proceeding shall maintain a verified financial statement for the bail bond agency's immediately preceding fiscal year: (i) reviewed by a certified public accountant; and (ii) showing a minimum net worth of: (A) $300,000, at least $100,000 of which is in liquid assets; or (B) if the bail bond agency is licensed under this chapter on or before December 31, 1999, $250,000, at least $50,000 of which is in liquid assets. (b) For purposes of this Subsection (2), only real or personal property located in Utah may be included in the net worth of the bail bond agency. (3) A bail bond agency shall maintain a qualifying power of attorney issued by a surety insurer if: (a) the bail bond agency is the agent of the surety insurer; and (b) the surety insurer: (i) sells bail bonds; (ii) is in good standing in its state of domicile; and (iii) is granted a certificate to write bail bonds in Utah. (4) The commissioner may revoke the license of a bail bond agency that fails to maintain the minimum financial requirements required under this section. (5) The commissioner may set by rule the limits on the aggregate amounts of bail bonds issued by a bail bond agency.
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