AB1828 - County recorder: county clerks: bonds.

Enrolled August 17, 2026 Passed IN Senate August 03, 2026 Passed IN Assembly August 13, 2026 Amended IN Senate June 29, 2026 Amended IN Senate June 18, 2026 Amended IN Senate June 08, 2026 Amended IN Assembly April 09, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1828 Introduced by Assembly Member Chen February 11, 2026 An act to amend, repeal, and add Sections 6405, 22353, and 22455 of the Business and Professions Code, and to amend, repeal, and add Section 8213 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 1828, Chen. County recorder: county clerks: bonds. (1) Existing law requires a legal document assistant, unlawful detainer assistant, process server, or professional copier to be registered by the county clerk in the county where their principal place of business is located, as provided. Existing law requires an application for a certificate of registration by an individual, partnership, or corporation to be accompanied by a bond, as provided. Existing law requires the county recorder to record the bond and any notice of cancellation, revocation, or withdrawal of the bond, as provided. Existing law specifies that the fee for filing, canceling, revoking, or withdrawing the bond is $7. Existing law, notwithstanding any other provision of law that prescribes an amount or otherwise limits the amount of a fee or charge that may be levied by a county, a county service area, or a county waterworks district governed by a county board of supervisors, authorizes a county board of supervisors to increase or decrease a fee or charge, which is otherwise authorized to be levied by another provision of law, in the amount reasonably necessary to recover the cost of providing any product or service or the cost of enforcing any regulation for which the fee or charge is levied, as provided. This bill, beginning January 1, 2028, would remove the requirement that the bond and any notice of cancellation, revocation, or withdrawal of the bond be recorded by the county recorder and, instead, require that the county clerk file the bond and any notice of cancellation, revocation, or withdrawal, as specified. The bill would also on this date delete the above-referenced fee of $7 and would, instead, specify that the fee for filing, canceling, revoking, or withdrawing the bond is determined pursuant to above-described authorization to increase or decrease a fee. The bill would also on this date require the county clerk to retain the bond for a minimum of 6 years from the filing date and would require the county clerk to provide the registrant with one certified copy of the bond on file, as provided. (2) Existing law authorizes the Secretary of State to appoint and commission notaries public in such number as the Secretary deems necessary for the public convenience. Existing law requires every person appointed a notary public to file an official bond and an oath of office in the office of the county clerk within which the person maintains a principal place of business, as provided. Existing law requires that the county recorder record the bond, as provided. Existing law requires the county clerk to retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of. This bill, beginning January 1, 2028, would remove the requirement that the county recorder record the bond and would, instead, require the county clerk to retain the oath of office for 10 years, as provided. The bill would also on that date, specify that the fee for filing the bond is determined by the above-described authorization to increase or decrease a fee, would require the county clerk to retain the bond for 10 years from the filing date, and would require the county clerk to provide the registrant with one certified copy of the bond on file, as provided. By imposing additional duties on local officials, this bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 6405 of the Business and Professions Code is amended to read: 6405. (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 10 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 2 of Title 14 of Part 2 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 27361 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 27361 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. (i) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 2. Section 6405 is added to the Business and Professions Code, to read: 6405. (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. The bond shall be conditioned upon compliance with this chapter and executed in accordance with Section 995.630 of the Code of Civil Procedure. 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 10 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 2 of Title 14 of Part 2 of, the Code of Civil Procedure. (b) The fee for filing, canceling, revoking, or withdrawing the bond is determined by Section 54985 of the Government Code. (c) The county clerk shall file the bond and any notice of cancellation, revocation, or withdrawal of the bond. (d) 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. (e) If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to subdivision (f) and the right of a person to recover against the bond or cash deposit under Section 6412. (f) 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. (g) 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. (h) The county clerk shall retain the bond for a minimum of six years from the filing date. (i) The county clerk shall provide to the registrant one certified copy of the bond on file, which shall serve as official proof of compliance with the bonding requirements of this section. The certified copy shall be provided to the registrant, within a reasonable period following filing, either by mail or by another accessible method established by the county clerk. (j) This section shall become operative on January 1, 2028. SEC. 3. Section 22353 of the Business and Professions Code is amended to read: 22353. (a) A certificate of registration shall be accompanied by a bond of two thousand dollars ($2,000), executed by an admitted surety insurer and conditioned upon compliance with the provisions of this chapter and all laws governing the service of process in this state. The total aggregate liability on the bond is limited to two thousand dollars ($2,000). As an alternative to the bond, the registrant may deposit with the clerk, cash or a money order in the amount of two thousand dollars ($2,000). (b) The county clerk shall, upon filing the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registered process server. 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 27361 of the Government Code for the 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) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 4. Section 22353 is added to the Business and Professions Code, to read: 22353. (a) A certificate of registration shall be accompanied by a bond of two thousand dollars ($2,000), executed by an admitted surety insurer and conditioned upon compliance with the provisions of this chapter and all laws governing the service of process in this state. The bond shall be executed in accordance with Section 995.630 of the Code of Civil Procedure. The total aggregate liability on the bond is limited to two thousand dollars ($2,000). As an alternative to the bond, the registrant may deposit with the clerk, cash or a money order in the amount of two thousand dollars ($2, [Text truncated for display. Full text available on Congress.gov.]