Posts Tagged ‘surety company’

Surety Bond FAQ

Monday, May 17th, 2010

What is a surety bond

surety bond is different from insurance in many ways. If you have a insurance claim the principal pays the deductible and the insurance company covers the rest of the claim. With surety bonds if you have a claim, the surety restores the obligee to it’s original condition then the principal must restore the surety company to its original state. A surety bond involves three parties the first party is the obligee, the second party is the  principal and the third party is the surety company.

How does it work?

So basically a bond works like this. The surety assumes liability for the principal if the principal fails to perform its obligations to the obligee.

What is a principal?

The Principal is the primary party who will be performing the contractual obligations. When applying for the bond the principal’s credit, financials and experience will be used to determine surety credit.

What is a surety company?

A surety company is the third party that will be backing the principal in the event of a claim. A surety company is regulated by the department of insurance. If a bond is needed for a federal license or federal contract the surety must be registered and approved by the Department of treasury and on the circular 570 list.

What is an obligee?

The obligee is the party that requires the principal to obtain bonding. The surety bond protects the obligee not the principal.

Who requires bonding?

Bonding can be required by pretty much anyone, but normally bonding is required in connection to a license or permit. These bonds are simply known as license and permit bonds. The State or Federal government will not grant your business license until the license bond is procured.  Surety bonds can also be required to guarantee that the construction of a project will be completed. These bonds are known as Performance and payment bonds.

what is the Surety Bond form:

Wednesday, June 3rd, 2009

A surety company is the entity that is backing the bond.  The bond form is not provided by the Surety Company but by the principal. This does not mean that the surety does not have a copy of the bond but it may be outdated. Always check with the oblige for the bond form.  After the surety company has approved your application the surety will require a GIA (General Indemnity Agreement) along with payment and other underwriting conditions. Once the surety company receives the original documentation they will then issue the bond. The bond consists of two parts the first part is the bond form.  The second part of an issued bond is the Power of Attorney. When you receive the original bond it should have the Power of attorney signature, Surety company seal as well as a power of attorney. A common mistake occurs when the principal receives the bond is where to send it. Please don’t send the original bond back to the surety company. The Surety bond should be sent to the obligee unless specified differently. If you send the bond back to the surety they may loss it and your license will be delayed it is the principals responsibility to deliver the bond to the appropriate place.
In order to become a surety bonding company you must file with the Department of Insurance “DOI”. Every state has different criteria for the company to meet such as financial strength, and you must file your company with each State.  The State does not assign a rating normally an independent third party does.  After reviewing the risk by an entity such as AM Best or Fitch a rating is assigned. In order for a surety to write bonds for the Federal Government the surety must become Treasury listed also known as T-Listed. So if you need a federal license like an ICC bond check to see if they are T-Listed.
Without surety bond companies when a company performs work for the federal government our tax dollars would be in jeopardy.

I hope this has helped you, you can find out different types of surety bonds and other surety news on our Surety bond blog. What to know what is the cost of a surety bond is ? How much a surety bond costs and how a surety bond agent underwrites a bond.