§9305 — Title 31 Money and Finance | U.S. Code

Summary

Before a company can act as a federal surety, it must send the Treasury Secretary its articles of incorporation and a sworn statement of assets and liabilities signed by its president and secretary. The Secretary can give written permission only if the articles allow the kind of surety business the law covers, the company has at least $250,000 in paid-up capital (cash or equivalent), and it can meet its contracts. If approved, the company must file sworn asset-and-liability statements each January, April, July, and October. The Treasury Secretary must take away a company’s permission to do new surety business if the company is insolvent or breaks these rules or related rules. The Secretary may check a company’s finances at any time and may require extra security from the person who must provide a bond if the surety company is no longer strong enough. A surety company that does not pay a final judgment on a bond cannot issue any new bonds under the law if 30 days pass after the judgment and no appeal or stay is pending.

Title 31, §9305

Money and Finance — Source: USLM XML via OLRC

(a)Before becoming a surety under section 9304 of this title, a surety corporation must file with the Secretary of the Treasury—

(1)a copy of the articles of incorporation of the corporation; and

(2)a statement of the assets and liabilities of the corporation signed and sworn to by the president and secretary of the corporation.

(b)The Secretary may authorize in writing a surety corporation to provide surety bonds under section 9304 of this title if the Secretary decides that—

(1)the articles of incorporation of the corporation authorize the corporation to do business described in section 9304(a)(2) of this title;

(2)the corporation has paid-up capital of at least $250,000 in cash or its equivalent; and

(3)the corporation is able to carry out its contracts.

(c)A surety corporation authorized under subsection (b) of this section to provide surety bonds shall file with the Secretary each January, April, July, and October a statement of the assets and liabilities of the corporation signed and sworn to by the president and secretary of the corporation.

(d)The Secretary—

(1)shall revoke the authority of a surety corporation to do new business if the Secretary decides the corporation is insolvent or is in violation of this section or section 9304 or 9306 of this title;

(2)may investigate the solvency of a surety corporation at any time; and

(3)may require additional security from the person required to provide a surety bond if the Secretary decides that a surety corporation no longer is sufficient security.

(e)A surety corporation providing a surety bond under section 9304 of this title may not provide any additional bond under that section if—

(1)the corporation does not pay a final judgment or order against it on the bond; and

(2)no appeal or stay of the judgment or order is pending 30 days after the judgment or order is entered.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 9305(a), (b)6:8. 9305(c), (d)6:9. 9305(e)6:11. In subsection (a), before clause (1), the words “Before becoming a surety under section 9304 of this title, a surety corporation must file” are substituted for “Every company, before transacting any business under sections 6 to 13 of this title, shall deposit” for consistency and as being more precise. In clause (1), the words “charter or” are omitted as being included in “articles of incorporation”. Subsection (b) is substituted for 6:8(2d sentence) for clarity and consistency and because of the restatement. In subsection (c), the words “A surety corporation authorized under subsection (b) of this section to provide surety bonds” are substituted for “Every such company” for clarity. The words “as is required by section 8 of this title” are omitted as unnecessary because of the restatement. In subsection (d)(1), the word “shall” is substituted for “shall have the power, and it shall be his duty, to” to eliminate unnecessary words. The words “under sections 6 to 13 of this title” are omitted as unnecessary because of the restatement. The words “conducting its business” are omitted as surplus. In clause (3), the words “that . . . be given at any time” are omitted as surplus. The words “from the person required to provide a surety bond” are substituted for “by any principal” for clarity. Subsection (e) is substituted for 6:11 to eliminate unnecessary words, for clarity and consistency, and because of the restatement.

§9305 Authority and Revocation of Authority of Surety Corporations

Summary

Title 31, §9305

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata