Code of Alabama - Title 36: Public Officers and Employees - Chapter 5 - Official Bonds

• Article 1 General Provisions.
• Section 36-5-1 Filing and recordation of official bonds of state officials, agents, etc., generally; filing and recordation of bond of Secretary of State
  The official bond of every state official, agent or employee, except the bond of the Secretary of State, must be filed in the office of...
• Section 36-5-2 When bonds to be filed
  In all cases, official bonds must be filed in the proper office within 40 days after the declaration of election or after the appointment to...
• Section 36-5-3 Recordation of official bonds of county or municipal officers, agents, etc
  Every official bond of a county or municipal officer, agent or employee required by law to be filed with any public officer must be by...
• Section 36-5-4 Requirement of additional bonds of agents or employees of departments, commissions, bureaus, etc.; amounts, conditions, etc., thereof
  The Governor, in his discretion, may and, with the approval of the Governor, the governing body or the director or head of any department, institution,...
• Section 36-5-5 To whom bonds payable; sureties; conditions generally
  The bond of each public officer required by law to give bond must, unless it is otherwise provided, be made payable to the State of...
• Section 36-5-6 Approval of bonds generally
  The approval of all official bonds shall be in writing, endorsed on the bonds, and shall show the day and year on which the same...
• Section 36-5-7 Liability of officer improperly approving bond
  The bond of any public officer which is not in the penalty, payable and conditioned and has not sureties having the qualifications required by law...
• Section 36-5-8 Bonds not to be filed unless properly approved
  No officer, with whom any official bond is required to be filed, shall allow the same to be filed in his office, unless the approval...
• Section 36-5-9 Date of filing to be endorsed on bonds
  Every officer, in whose office the official bond of any public officer is filed, must endorse on such bond the day and year when the...
• Section 36-5-10 Failure to endorse date of filing on bond
  Any officer who fails to endorse the date of the filing of an official bond as required by law must, on conviction, be fined not...
• Section 36-5-11 Qualifications and sufficiency of sureties generally
  All personal sureties on official bonds must be residents of the state, and the aggregate value of their property, real and personal, not exempt from...
• Section 36-5-12 Federal, municipal, state, etc., officers required to give official bonds not deemed sufficient sureties on bonds taken under article
  No officer of the United States required to give an official bond; no municipal officer required to give an official bond and no officer, state...
• Section 36-5-13 Attorneys not deemed sufficient sureties on official bonds of probate judges, sheriffs, constables, etc
  A practicing attorney-at-law must not be deemed a sufficient surety on the official bond of the judge of probate or of the clerk or register...
• Section 36-5-14 Liability of sureties on bonds conditionally executed
  A surety on an official bond or on a bond intended as an official bond cannot avoid liability thereon on the ground that he signed...
• Section 36-5-15 Failure of officer to give bond within prescribed time vacates office; certification of failure to file bond to appointing power and filling of vacancy
  If any officer required by law to give bond fails to file the same within the time fixed by law, he vacates his office. In...
• Section 36-5-16 Notification of district attorney of failure of public officer to file bond
  If any public officer required by law to give bond fails to file the same in the proper office within the time prescribed, notice of...
• Section 36-5-18 Legal effect of official bonds
  (a) Every official bond is obligatory on the principal and sureties thereon for: (1) Every breach of the condition during the time the officer continues...
• Section 36-5-17 Failure to give notice of omission of public officer to file official bonds
  Any officer who omits to give notice of failure by a public officer to file his official bond as required by law must, on conviction,...
• Section 36-5-19 Conditions of official bonds; effect of irregularities in form, contents, approval, etc., of bonds upon validity thereof generally
  (a) The bonds of all officers required to give bond shall be conditioned in the following form: "Whereas the above bound A. B. was duly...
• Section 36-5-20 Effect of bonds improperly executed, approved or filed
  Whenever any officer required by law to give an official bond acts under a bond which is not in the penalty, payable and conditioned or...
• Section 36-5-21 Proof of bonds or recognizances
  It shall be lawful to show by parol that any bond or recognizance was taken by an officer in the discharge of his duty, although...
• Section 36-5-22 Performance of official act by public officer prior to approval and filing of bond
  Any public officer required by law to give bond who performs any official act before his bond is approved and filed as required by law...
• Section 36-5-23 Bonds not discharged by single recovery
  Such bonds are not discharged by a single recovery, but proceedings may, from time to time, be instituted thereon until the whole penalty is exhausted.
• Section 36-5-24 Liability of state or county officials collecting and paying out money and of recipients thereof under law declared unconstitutional, void, etc
  When any state or county official shall have collected or paid out any money as fees, salary or compensation for official services rendered under any...
• Section 36-5-25 Applicability of provisions of article
  All the provisions of this article shall apply to the official bonds of all public officers of this state whose office may be established hereafter,...
• Article 2 Bonds of State Officers, Employees, etc., Generally.
• Division 1 General Provisions.
• Section 36-5-40 Additional bonds of Director of Finance, Treasurer or other state officers - When required
  It shall be the duty of the Governor to require additional bonds of the Director of Finance and Treasurer or any other officer whose bond...
• Section 36-5-41 Additional bonds of Director of Finance, Treasurer or other state officers - Procedure, form, etc
  The form, procedure, etc., for the additional bonds under Section 36-5-40 shall be as provided in Sections 11-2-23 through 11-2-29.
• Section 36-5-42 Bonds to be made by surety or guaranty companies
  Official bonds required of all officers, agents and employees of the State of Alabama and its boards, agencies and commissions or any additional bond that...
• Section 36-5-43 Premiums on bonds
  The premiums on bonds required by this code of officers, agents and employees of the state and its boards, agencies and commissions shall not exceed...
• Section 36-5-44 Payment of premiums on bonds
  When any official bond or bonds required by this code of officers, agents and employees of the state and its boards, agencies and commissions shall...
• Section 36-5-45 Cancellation of bonds upon termination, consolidation, etc., of positions
  If any state office or position for which a bond is required by this code should be abolished, terminated or consolidated with another office or...
• Division 2 Discharge of Sureties on Bonds of State Officers or Employees.
• Section 36-5-60 When surety may apply for discharge
  Any person who is surety upon the official bond of any state officer or employee may discharge himself of such suretyship whenever he is in...
• Section 36-5-61 To whom application addressed; application to be sworn
  This application must be addressed to the official or to one of the officials required to approve such bond and must be sworn to.
• Section 36-5-62 Officer to whom application addressed to require principal to appear and give new bond; form and service of requisition
  The officer to whom such application is addressed must require the principal named in such application to appear before him on and at a certain...
• Section 36-5-63 Approval and filing of new bond upon execution thereof
  On the execution of the additional bond provided for in this division, the same must be approved and filed with the application and requisition with...
• Section 36-5-64 When new bond of officer or employee becomes effective; effect of new bond
  Every such additional bond approved and filed as provided in this division is binding on the obligors from the time of its approval and subjects...
• Section 36-5-65 When surety discharged
  On the execution, approval and filing of such additional bond, such applicant shall be discharged as surety on the bond on which such application was...
• Section 36-5-66 Effect of discharge of surety
  The discharge provided for in Section 36-5-65 does not affect the previous liability of any of the obligors, but in case of the discharge of...
• Section 36-5-67 Rights and remedies of sureties on bonds among themselves
  Whenever the sureties on either bond have made any payments thereon on account of the principal obligor therein, they are entitled to the same remedies...
• Section 36-5-68 Proceedings upon failure of officer or employee to execute new bond within prescribed time
  If such requisition is personally served and the officer or employee named therein fails to give an additional bond within 15 days after the day...

Last modified: May 3, 2021