SCPA 802 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 801 Amount; condition; number of sureties; obligees 1 up ARTICLE 8 General Provisions Relating to Bonds next SECTION 803 Deposit of assets to reduce bond 1 Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 802 Approval and filing of bonds; designation of clerk 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 8 § 802. Approval and filing of bonds; designation of clerk 1. All bonds must be approved by the court. The court may by order authorize one or more clerks or law assistants to approve bonds. Approval of a bond must be endorsed thereon and when so endorsed the bond must be filed in the court. 2. Each surety on a bond shall file an acknowledged instrument stating his domiciliary address and designating the chief clerk of court and his successors in office as a person upon whom any process of any court of the state may be served in any action or proceeding relating to the bond with like effect as if served personally upon the surety whenever the surety after due diligence cannot be found and served within the state of New York. 3. A corporate surety licensed to transact business in the state shall be deemed to have complied with the requirements of this section if it has filed or does file one acknowledged instrument which applies to all bonds of the corporate surety filed and approved after the date of the filing and which by its term is of indefinite duration and irrevocable. 4. The filing of a designation by a corporate surety shall have the same effect as if a separate designation had been filed with each bond to which it is a party.