California Legal Codes and Statutes

Article 10 - Surety Bond Guarantees

California Government Code — §§ 63089.95-63089.96

Sections (2)

§ 63089.95

Added by Stats. 2013, Ch. 537, Sec. 4. (AB 1247) Effective October 4, 2013.

In furtherance of the purposes set forth in Section 63088.1 of this code and Section 14001 of the Corporations Code, a corporation may do any one or more of the following activities, but only to the extent that the activities are authorized pursuant to the contract between the bank and corporation: guarantee, endorse, or act as surety on the bonds, notes, contracts, or other obligations of, or assist financially, any person, firm, corporation, or association, and may establish and regulate the terms and conditions with respect to any such guarantees or financial assistance and the charges for interest and service connected therewith, except that the corporation shall not make or guarantee any loan, unless and until it determines:

(a)There is a low probability that the surety bond would be granted by a financial institution or financial company under reasonable terms or conditions, and the beneficiary has demonstrated a reasonable prospect of successful completion of the project.
(b)The surety bond project coverage will be used exclusively in this state.
(c)The beneficiary has a minimum equity interest in the business as determined by the directives and requirements.
(d)As a result of the surety bond, the jobs generated or retained demonstrate reasonable conformance to the directives and requirements specifying employment criteria.
§ 63089.96

Added by Stats. 2013, Ch. 537, Sec. 4. (AB 1247) Effective October 4, 2013.

(a)In addition to the authority granted by Section 63089.95, pursuant to the directives and requirements a corporation may act as guarantor on a surety bond for any small business contractor, including, but not limited to, women, minority, and disabled veteran contractors.
(b)The provisions of subdivision (a) allowing a corporation to act as a guarantor on surety bonds may be funded through appropriate state or federal funding sources. Federal funds shall be deposited in the Federal Trust Fund in the State Treasury in accordance with Section 16360, for transfer to the expansion fund.