Any surety company that is requesting authority to act as surety on bonds in civil matters in the Circuit Court of Cook County must comply with the following general procedures:
- Petitions requesting authorization to act as surety on bonds in the Circuit Court of Cook County must be filed between April 15, 2023, and May 15, 2023, in the Office of the Clerk of the Circuit Court of Cook County, Room 801, Surety Desk, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois which is open Monday-Friday, 8:30 a.m. to 4:30 p.m.
- Verified petitions and supporting documents must be filed in duplicate in strict compliance with Part 9 of the Rules of the Circuit Court of Cook County, Bonds-Sureties. For packets containing the filing materials, click here, or you may pick it up in Room 801 at the Surety Desk. One additional courtesy copy of verified petition and supporting documentation must be served on the State’s Attorney of Cook County, Assistant State’s Attorney Cliff Holmes, Room 500, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois.
- Hearings on petitions filed between April 15, 2023, and May 15, 2023, will be heard before Supervising Judge on a date to be determined in the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois. Notice shall be published not less than 15 days before the date set for hearing. If you choose to publish the notice in the Chicago Daily Law Bulletin, you may do so at the newspaper’s desk in Room 802 of the Richard J. Daley Center. However, please be aware that Monday, June 5, 2023, is the deadline the Chicago Daily Law Bulletin has set to accept notice for publication for petitions for authorization to write bonds. Petitions filed after May 15, 2023, will not be heard.
- The registration fee is $100.00.
Any additional surety matters must be brought by motion, filed and spindled in the Office of the Clerk of the Circuit Court, Room 801, Surety Desk. The notice of motion along with a copy of any pleadings must be served upon the State’s Attorney of Cook County, Assistant State’s Attorney Cliff Holmes, Room 500 Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois. A courtesy copy of said motion and pleadings must be delivered to the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois. The statutory motion fee will be assessed by the Office of the Clerk of the Circuit Court. Inquires may be directed to surety@cookcountyil.gov.
In order to obtain authorization to act as a surety in civil cases in the Circuit Court of Cook County, the surety company that is requesting authority must file a verified petition requesting authorization in the manner and form detailed in Bonds-Sureties, Part 9 of the Rules of the Circuit Court of Cook County.
Contents of the Petition: According to Rule 9.3(a), the petition for authorization must contain language stating that petitioner has complied with all applicable laws and regulations and requesting authorization to act as surety in the court. The petition shall also contain the following information:
- A certificate of authorization to conduct surety business for the current year under the Illinois Insurance Code, attested by the director of the Illinois Department of Insurance;
- Powers of attorney or certificates of authority, duly executed by the appointing officer, for all persons authorized to execute civil bonds for the petitioner in the court, accompanied by the signatures of said persons so authorized, in the form approved by the court;
- Financial information of the petitioning company as specifically detailed in Rule 9.3(a)(iii)(A)-(C);
- A verified schedule of unsatisfied judgments, actions pending against the petitioner, and claims of liability, as more fully described in Rule 9.3(a)(iv)(A)-(C);
- Name, address, and phone number for petitioner’s attorney of record; and
- Name, address, and phone number for the Cook County agent upon whom process may be served for the petitioning surety company.
Part 9. Bonds-Sureties: For a downloadable version of Bonds-Sureties, Part 9 of the Rules of the Circuit Court of Cook County, click here.
Verification: The petition must be verified by an officer of the petitioning company.
Corporate Name: When referring to the surety company in the petition, the full corporate name that is on file with the Secretary of State’s Office must be used. Abbreviated names are not acceptable.
Authority of Attorneys-in-Fact: There may be no limitations as to the authority of an attorney-in-fact. Therefore, please be sure that the power of attorney is unlimited as to each attorney-in-fact. All powers of attorney must be duly executed by the appointing officer of the petitioner company.
Attorney-in-Fact Signature Page: Rule 9.3(a)(ii) requires original signatures of all attorneys-in-fact and that the signature sheet of the attorneys-in-fact be completed and attached to the petition at the time of filing. For a downloadable version of the court-approved attorney-in-fact signature sheet, click here. All attorneys-in-fact must sign on one signature page using each consecutive space. If there are more attorneys-in-fact than will fit on one signature page, you may use an additional signature page. The court will not accept multiple signature pages containing empty signature lines. Names of the attorneys-in-fact shall be listed in alphabetical order. All signatures must be legible.
Publication of Notice: The petitioner shall publish notice of the pending petition in a newspaper of general circulation in the county. Notice shall be published not less than 15 days before the date set for hearing. Rule 9.3(b). If you choose to publish the notice in the Chicago Daily Law Bulletin, you may do so at the newspaper’s desk in Room 802 of the Richard J. Daley Center. However, please be aware that Wednesday, June 7, 2023, is the deadline the Chicago Daily Law Bulletin has set to accept notice for publication for petitions for authorization to write bonds.
Certificate to Conduct Surety Business, Department of Insurance: The verified petition for authorization in the case of sureties must contain an original certificate to conduct surety business for the current year under the Illinois Insurance Code, attested by the director of the Illinois Department of Insurance. Please be aware that the Department of Insurance does not issue evidence of surety authority until mid-June of each year. Therefore, please file your petition using last year’s certificate. Please supplement your petition promptly upon receipt of your new certificate. In order for your petition to be approved, you must have the original certificate for the current year on file before the hearing.
Contact Information for the Public: All companies authorized to act as civil sureties in Cook County must provide a telephone number and the name of a contact person for the company. These phone numbers and contact names will be posted online for the public. Your company will not be authorized until this form is completed and returned. For the downloadable contact form, click here.
Surety Desk Space: All companies authorized to act as civil sureties in Cook County may lease space at the Surety Desk on the 12th floor of the Richard J. Daley Center from Transwestern, property manager. Authorized civil surety companies are required to enter into a license agreement with Transwestern to occupy space. A request to apply for a license to use space at the Surety Desk must be submitted in writing by a representative of an authorized civil surety company to Mr. John Beatty, General Manager, Office of the Building, 50 West Washington Street, Suite 1203, Richard J. Daley Center, Chicago, Illinois 60602. Any questions or licensing requests should be directed to Mr. John Beatty, at (312) 603-7980.
Objections: Any person may file written objections to the petition with the clerk of the court not less than 10 days before the date set for hearing, stating the reasons why the petition should not be allowed. The petitioner may file its answer to the objections not later than 5 days before the date set for hearing. A copy of the objections shall be served upon the petitioner, and a copy of the answer shall be served upon the objector, not later than the time of the respective filings. Rule 9.3(c).
Petitioner’s Checklist: For a downloadable checklist to assist you in successfully completing the petitioning process, click here.
Information Online Only: All materials needed for filing a petition for authorization are now located on this website. All forms can be downloaded and printed. If you encounter problems with the downloadable forms, please contact surety@cookcountyil.gov.