Registration Procedures
Cal. BPC § 6405
California Statutes
(a)
(1) An application for a certificate of registration by an individual shall be accompanied by a bond of twenty-five thousand dollars ($25,000) executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to twenty-five thousand dollars ($25,000).
(2) An application for a certificate of registration by a partnership or corporation shall be accompanied by a bond executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this
chapter in the following amount, based on the total number of legal document assistants and unlawful detainer assistants employed by the partnership or corporation: (
A) Twenty-five thousand dollars ($25,000) for one to four assistants. (
B) Fifty thousand dollars ($50,000) for five to nine assistants. (
C) One hundred thousand dollars ($100,000) for or more assistants. An application for a certificate of registration by a person employed by a partnership or corporation shall be accompanied by a bond of twenty-five thousand dollars ($25,000) only if the partnership or corporation has not posted a bond in the amount required by this subdivision.
(3) If a partnership or corporation increases the number of assistants it employs above the number stated in its application for a certificate of registration, the partnership or corporation shall promptly increase the bond to the applicable amount in subparagraphs (
B) or (
C) of paragraph (2) based on the actual number of assistants it employs, and shall promptly submit the increased bond to the county clerk.
(4) The bond may be terminated pursuant to
Section 995.440 of, and
Article 13 (commencing with
Section 996.310) of
Chapter of Title of Part of, the Code of Civil Procedure. (
b) The county clerk shall, upon filing of the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in
Section of the Government Code shall be paid by the registrant. The fee may be paid to the county clerk who shall transmit it to the recorder. (
c) The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7). (
d) The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in
Section of the Government Code for notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder. (
e) In lieu of the bond required by subdivision (a), a registrant may deposit the amount required by subdivision (
a) in cash with the county clerk. (
f) If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to subdivision (
g) and the right of a person to recover against the bond or cash deposit under
Section 6412. (
g) The county clerk may retain a cash deposit until the expiration of three years from the date the registrant has ceased to do business, or three years from the expiration or revocation date of the registration, in order to ensure there are no outstanding claims against the deposit. A judge may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit. (
h) The bond required by this
section shall be in favor of the State of California for the benefit of any person who is damaged as a result of the violation of this
chapter or by the fraud, dishonesty, or incompetency of an individual, partnership, or corporation registered under this chapter. The bond required by this
section shall also indicate the name of the county in which it will be filed.