Public Official Bond - Statewide in Alabama

Brief Summary

An Alabama public official bond has a hard deadline attached to it. Code of Alabama 36-5-2 gives a newly elected or appointed officer 40 days to file an approved bond, and 36-5-15 says an officer who misses the deadline vacates the office. The bond itself is quick to place. Give us the office, the amount the statute or appointing authority sets, and the name of the approving officer, and the executed bond is ready for signature and filing well inside the window.

Alabama requires most elected and appointed public officers, at the state, county and municipal level, to file an official bond under Code of Alabama Title 36, Chapter 5. The bond is payable to the State of Alabama unless another law says otherwise, is conditioned on faithful discharge of the duties of the office, must be approved by the designated approving officer, and must be filed within 40 days after the declaration of election or the appointment. The amount is fixed by the statute creating each office or by the appointing authority, not by a single statewide figure.

We can help with all Alabama bonds!

How to Apply for a Public Official Bond:

• Identify the office, the statute or appointing authority that fixes the bond amount, and the name of the approving officer.
• Have your name exactly as it appears on the certificate of election or the appointment.
• Provide home address and Social Security number for the credit review.
• Complete the bond application and review the quoted premium.
• Pay the premium and receive the executed bond payable to the State of Alabama or the obligee named by the office's statute.
• Have the approving officer sign and date the approval on the bond, then file it in the proper office within 40 days of the declaration of election or the appointment. Tax assessors and tax collectors file by September 1.
• Keep the bond in force for the full term and file a new one if you are re-elected or reappointed.

Detailed Information About the Alabama Public Official Bond:

The amount depends on the office

There is no single Alabama public official bond amount. Title 36 Chapter 5 sets the rules that apply to every official bond, and the amount comes from somewhere else: the statute that creates the office, a table keyed to the county's population, or a figure fixed by the board, council or department head that appoints the officer. The State Comptroller's memo to probate judges, for example, sends them to the table in Code of Alabama 12-13-33 for their amount and to 12-13-30 for the six year term. A county commissioner, a sheriff, a tax collector, a municipal clerk or treasurer, and a state department employee who handles money each have their own amount set by their own section. Before ordering the bond, get the figure in writing from the office that will approve it, usually the circuit clerk, probate judge, county commission, city council or department head.

Who the bond protects and what it promises

Under 36-5-5 the bond of each public officer must, unless otherwise provided, be made payable to the State of Alabama, with sureties the approving officer is satisfied meet the legal qualifications, and conditioned on the officer faithfully discharging the duties of the office for as long as he or she holds it or performs any of its duties. The State is the named obligee even on a county or municipal bond unless the specific statute names the county or city instead. Section 36-5-23 makes clear the bond is not discharged by a single recovery, so it stays in force through the term even after a claim is paid.

Deadline, approval and filing

Section 36-5-2 requires official bonds to be filed in the proper office within 40 days after the declaration of election or after the appointment, with tax assessors and tax collectors filing on or before September 1 after their election or appointment. Section 36-5-6 requires approval by the approving officer, and 36-5-8 bars filing a bond that is not properly approved. The bond must show the approval signature and the date approved. County and municipal officer bonds are then recorded word for word by the officer who receives them under 36-5-3, and the Comptroller's memo describes the probate judge version of this: filing and recording in the office of the circuit clerk with a duplicate to the State Comptroller. Section 36-5-15 is the part to take seriously. An officer who fails to give bond within the prescribed time vacates the office, and the failure is certified to the appointing power so the vacancy can be filled.

Surety qualifications

Sections 36-5-11 through 36-5-13 govern who may serve as surety. A corporate surety licensed in Alabama is the normal choice. Other public officers who are themselves required to give official bonds are not sufficient sureties, and attorneys may not serve as sureties on the bonds of probate judges, sheriffs and constables.

Eligibility and Requirements for a Alabama Public Official Bond:

• A corporate surety licensed to transact business in Alabama.
• Bond amount as fixed by the statute creating the office or by the appointing authority. Confirm it with the approving officer before the bond is written.
• State of Alabama named as obligee unless the office's own statute names the county or municipality.
• Faithful performance condition under Code of Alabama 36-5-5 covering the full term of office.
• Approval by the designated approving officer before filing, under 36-5-6 and 36-5-8.
• Credit review of the officer. Public official bonds are underwritten on personal credit and the amount, and most officers are approved without collateral.

Alabama Public Official Bond FAQs:

Official and Additional Resources for the Alabama Public Official Bond: