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Charitable Bail Organizations

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Charitable Bail Organizations

Background

Insurance Law § 6801(a)(2) prohibits any person, firm, or corporation from engaging in a bail business in New York State unless such person or entity is a corporation authorized to write fidelity and surety insurance and to do a bail business pursuant to Article 11 of the Insurance Law or is a charitable bail organization holding a certificate issued by the Superintendent of Financial Services (Superintendent) pursuant to Insurance Law § 6805. Insurance Law § 6802(a) prohibits any person, firm, or corporation, or any officer or employee thereof, from acting as an agent or solicitor of a charitable bail organization doing a bail business, in soliciting, negotiating, or effectuating any deposit or bail bond by the charitable bail organization unless licensed by the Superintendent as a bail agent.

Qualifications

To obtain a certificate, a charitable bail organization applicant must be:

  • 1. a non-profit organization organized pursuant to U.S. Internal Revenue Code § 501(c)(3); and
  • 2. registered as a charity pursuant to Article 7-A of the Executive Law and current on such registration.

The Superintendent may refuse to issue a certificate if the Superintendent determines that the applicant or an officer, director, trustee, or executive personnel of the applicant has:

  • 1. demonstrated untrustworthiness or incompetence;
  • 2. given cause for the revocation or suspension of the certificate; or
  • 3. failed to comply with any prerequisite for the issuance of the certificate

Authority

A certified charitable bail organization only may deposit money as bail:

  1. in the amount of $2,000 or less for a defendant charged with one or more misdemeanors, provided that the organization cannot execute as surety any bond for any defendant;
  2. on behalf of a person who is financially unable to post bail; and
  3. in one county in New York, unless its principal place of business is located within a city with a population of one million or more (i.e., New York City), in which case the organization may deposit money as bail in all of the counties comprising the city.

A certified charitable bail organization may not charge a premium or receive compensation for acting as a charitable bail organization.

Certificate Term

A charitable bail organization certificate will be valid for a term of five years from issuance.

If an applicant for a renewal certificate files an application before the expiration of the certificate, then the certificate will continue in full force and effect either until the Superintendent issues the renewal certificate or until five days after the Superintendent refuses to issue the renewal certificate.

Application

To obtain a charitable bail organization certificate, an applicant must submit:

  1. a fully completed application for charitable bail organization certificate, including all applicable attachments;
  2. a check in the amount of $1,000.00 made payable to the “Superintendent of Financial Services,” and
  3. mail to New York State Department of Financial Services, Licensing Bureau, One Commerce Plaza, Albany, NY 12257

Fingerprinting

All officers, directors, trustees, and executive personnel of the applicant must be fingerprinted.

Forms

  • Application for charitable bail organization certificate (PDF)
  • Charitable bail organization attestation of officer, director, trustee, or executive personnel (PDF)
  • Charitable bail organization child support obligation form (PDF)

Application