An Alabama public official bond is a surety bond that guarantees an elected or appointed officer will faithfully discharge the duties of the office. Under Ala. Code 36-5-5, the bond is made payable to the State of Alabama and is conditioned that the officer will faithfully discharge the duties of the office for as long as the officer serves. There is no single statewide bond amount. The required amount is set office by office by the statute or governing body that requires the bond, so the figure on your bond is specific to your position, not one flat statewide number. For example, an Alabama tax assessor posts a bond of not less than $5,000 (Ala. Code 40-4-1), while a tax collecting official’s bond is set for each county by the State Comptroller using a formula tied to the taxes the office collects (Ala. Code 40-5-3).
| Fact | Detail |
|---|---|
| Who requires it | The State of Alabama, or the county the officer serves, acting through the statute that governs that office |
| Governing law | Ala. Code Title 36, Chapter 5 (official bonds generally; 36-5-5 sets the payee and the faithful-discharge condition); Ala. Code 11-2-1 (bonds of county officers and employees); office-specific statutes set the amount (for example 40-4-1 tax assessors, 40-5-3 tax collecting officials) |
| Official form | The bond form is typically supplied by the office that approves and files it (the State Comptroller for tax officials, the judge of probate for other county officers, the Secretary of State for state officers). [VERIFY against the Alabama State Comptroller and the Secretary of State: whether a specific statewide bond form is prescribed for the office being bonded] |
| Bond amount | Set per office by the governing statute or body, not one statewide figure. Examples: tax assessor not less than $5,000 (40-4-1); tax collecting official set for each county by the Comptroller on a formula tied to taxes collected (40-5-3). Amounts for other offices are fixed by the statute or local act that governs the office |
| Premium basis | A percentage of the bond amount, based mainly on credit. For many offices the cost is paid from public funds, for example a tax collecting official’s bond cost is paid from the county general fund (40-5-3) [CLIENT FLAG: confirm pricing] |
| Coverage term | Runs for the term of the office; a tax collecting official’s amount is set at the beginning of the term for the duration of the term (40-5-3) [VERIFY against the governing statute for the specific office: exact term and renewal] |
| Obligee | The State of Alabama, or, for most non-taxing county officers bonded on or after May 22, 2009, the county treasury (Ala. Code 11-2-1) |
How much is the bond, and how is the amount set?
There is no single Alabama public official bond amount. Each office is bonded in the amount fixed by the law or governing body that requires the bond, so the correct figure depends on which office you hold. Ala. Code 11-2-1 requires all county officials, and any county employee designated by law or the county commission, to execute official bonds for the faithful performance of their duties, plus any additional bonds the public interest may demand. The dollar amount for a given office comes from the statute or local act that governs that office.
Two offices show how the amount is fixed in practice:
| Office | How the amount is set | Statute |
|---|---|---|
| Tax assessor | A bond in the sum of not less than $5,000, payable to the State of Alabama, approved by the judge of probate | Ala. Code 40-4-1 |
| Tax collecting official (tax collector or revenue commissioner acting as collector) | Set for each county by the State Comptroller at the start of the term, using the statutory table below, based on the total annual taxes collected in the latest audit report | Ala. Code 40-5-3 |
Table for computing a tax collecting official’s bond (Ala. Code 40-5-3), based on total annual taxes collected:
| Total annual taxes collected | Amount of bond |
|---|---|
| Zero to $250,000 | $25,000 |
| Over $250,000 to $1,000,000 | $25,000 plus 5% of the amount over $250,000 |
| Over $1,000,000 | $62,500 plus 1% of the amount over $1,000,000 |
A new bond for an additional amount may be required whenever, in the judgment of the Comptroller, the public welfare demands it (Ala. Code 40-5-3).
Other county offices, such as county commissioner, judge of probate, sheriff, coroner, constable, license commissioner, and revenue commissioner, are also required to be bonded under Ala. Code 11-2-1, but the specific dollar amount for each is fixed by the statute or local act that governs that particular office. [VERIFY against the specific statute or local act (Title 45 local laws) for the office being bonded: the exact bond amount for that office.]
State officers and employees are handled under Article 2 of Chapter 5. Beyond the primary bond fixed for each office, the Governor, or the head of a department, institution, commission, bureau, board, or agency with the Governor’s approval, may require an additional bond in the amount they deem necessary, payable to the State of Alabama and conditioned as other official bonds (Ala. Code 36-5-4). The Governor may also require additional bonds of the Director of Finance, the Treasurer, or other state officers when the interest of the state demands (Ala. Code 36-5-40). [VERIFY against the statute governing the specific state office: how the primary bond amount is fixed and by whom.]
What does the bond cover?
The bond is a faithful-performance guarantee. Under Ala. Code 36-5-5, unless a different condition is prescribed, every official bond is payable to the State of Alabama and is conditioned that the officer will faithfully discharge the duties of the office during the time the officer continues in it or discharges any of its duties. The office-specific statutes repeat this condition. Ala. Code 40-4-1 conditions the tax assessor’s bond on faithfully discharging the duties of the office, and Ala. Code 40-5-3 conditions the tax collecting official’s bond on the faithful performance of the duties of the office.
In plain terms, if the officer fails to perform the duties of the office, including accounting for public money and property that passes through it, a valid claim can be paid on the bond up to the bond amount, and the officer (the principal) is responsible for repaying the surety. Under Ala. Code 11-2-1, if a county official bond is forfeited, the proceeds are distributed to the state or county funds that lost or were reduced by the breach, in proportion to the loss.
[VERIFY against the Alabama Department of Finance and the State Comptroller: whether Alabama operates any state-administered blanket or fidelity bond program that covers state officers or employees in place of, or in addition to, the individual official bond required by statute. Our research did not find a statewide program that replaces the individual official bond.]
How much does the bond cost?
You do not pay the full bond amount. You pay a premium, which is a percentage of the bond’s face value, set mainly by your personal credit and the size of the bond. One point specific to public official bonds: the cost is often paid from public funds. For a tax collecting official, the cost of the bond is paid out of the general fund of the county on a warrant of the county commission and is a preferred claim against the county (Ala. Code 40-5-3). For a state additional bond, the premium is paid out of the funds of the department or agency (Ala. Code 36-5-4).
[CLIENT FLAG: insert typical premium ranges by credit tier and one real worked example, for example “a $50,000 public official bond at X percent costs $Y per year.” We do not publish pricing figures without your confirmation.]
Is this the same as a notary bond or a license bond?
No. These are different bonds for different roles.
- A public official bond guarantees that an elected or appointed officer will faithfully discharge the duties of a public office. The obligee is the State of Alabama or the county the officer serves.
- A notary bond is required of a commissioned notary public and protects the public against errors or misconduct in performing notarial acts. It is not an office-holder’s faithful-performance bond.
- A license or permit bond guarantees that a licensed business or professional follows the law that governs its license, such as a motor vehicle dealer or a mortgage broker. The obligee is the licensing agency, not the office itself.
If you are unsure which bond your role requires, the requirement traces back to the specific statute or agency behind it. We can help you identify the right one.
How do I get bonded and file the bond?
- Confirm the exact bond your office requires, including the amount, from the governing statute or body. For a tax collecting official, the amount is the figure the State Comptroller sets for your county under Ala. Code 40-5-3; for a tax assessor it is at least $5,000 under Ala. Code 40-4-1.
- Apply through All n One with your office, the required amount, and your details.
- Get a quote based on the bond amount and your credit.
- Review and sign the bond. It must be written by a surety company authorized to do business in Alabama (Ala. Code 40-5-3 for tax collecting officials), payable to the State of Alabama or, for most non-taxing county officers, the county treasury (Ala. Code 11-2-1).
- Have the bond approved and file it as required. Tax officials’ bonds are sent to the State Comptroller for approval, with a copy filed and recorded in the office of the judge of probate (Ala. Code 40-4-1, 40-5-3). State officers’ bonds are filed with the Secretary of State (Ala. Code 36-5-1). File on time: Alabama law requires official bonds to be filed within 40 days after the declaration of the election or after the appointment, and tax assessors’ and collectors’ bonds on or before September 1 (Ala. Code 36-5-2). An officer who fails to file the bond within the time fixed by law vacates the office (Ala. Code 36-5-15). [VERIFY against Ala. Code 36-5-1, 36-5-2, and the judge of probate: the exact filing office and deadline for the specific office being bonded.]
- Keep the bond active and renew it for the term of the office.
Frequently asked questions
Who needs an Alabama public official bond?
Elected and appointed officers who are required by law to give bond. This includes county officials such as the county commissioner, judge of probate, sheriff, coroner, constable, tax assessor, tax collector, revenue commissioner, and license commissioner (Ala. Code 11-2-1), along with state officers whose governing statutes require a bond. The requirement comes from the statute that governs the specific office.
What is the bond amount for my office?
There is no single statewide amount. It is set office by office. A tax assessor posts at least $5,000 (Ala. Code 40-4-1); a tax collecting official’s amount is set for each county by the State Comptroller using a formula tied to taxes collected (Ala. Code 40-5-3). Amounts for other offices are fixed by the statute or local act that governs the office.
What does the bond guarantee?
That the officer will faithfully discharge the duties of the office for as long as the officer serves, including accounting for public funds and property that pass through the office (Ala. Code 36-5-5).
Who is the obligee?
The State of Alabama in most cases (Ala. Code 36-5-5). For most non-taxing county officers bonded on or after May 22, 2009, the bond is made payable to the county treasury instead; local taxing officials still bond to the State of Alabama (Ala. Code 11-2-1).
Do I have to pay for the bond myself?
Often the public treasury pays. A tax collecting official’s bond cost is paid from the county general fund (Ala. Code 40-5-3), and a state additional bond premium is paid from the department’s funds (Ala. Code 36-5-4). Your governing body handles this for the office.
What happens if I do not file the bond on time?
An officer who fails to file the required bond within the time fixed by law vacates the office, and the officer responsible for receiving the bond must certify the failure to the appointing power (Ala. Code 36-5-15). Bonds must generally be filed within 40 days of the election declaration or appointment, and tax officials’ bonds by September 1 (Ala. Code 36-5-2).
Where do I file the bond?
Tax officials file with the State Comptroller, with a recorded copy in the office of the judge of probate (Ala. Code 40-4-1, 40-5-3). State officers file with the Secretary of State (Ala. Code 36-5-1). Confirm the exact filing office for your specific position.
How long does the bond last?
Public official bonds run for the term of the office. A tax collecting official’s amount is set at the beginning of the term for the duration of the term (Ala. Code 40-5-3). Confirm the term and renewal for your specific office.
