- Arizona ($20,000)
- Arkansas ($20,000)
- Georgia ($20,000)
- Kentucky ($500,000 pursuant to emergency regulations, effective 10/1/11, but subject to change because KREAB is considering the regulations)
- Missouri ($20,000)
- New Mexico ($25,000)
- Nebraska ($25,000 effective 1/1/12)
- Oregon ($25,000)
- Tennessee ($20,000 effective 7/1/11)
- Washington ($25,000 effective 7/1/11)
What is the application process? Applying for a surety bond entails a short application -- shorter than for insurance -- but does require financial statements for the firm. With some types of entities, guaranties may be required from the firm's principals. These are necessary to ensure that the firm has the financial ability to pay the full face amount of the bond if required. Approval and issuance of the bond usually takes no longer than two days. LIA's application for bonds can be found here.
What’s the purpose of an AMC's surety bond? The surety bond is essentially a financial guaranty by the surety company -- the insurance company -- that it will pay amounts owed by the AMC stemming from obligations under a state’s AMC law, but only up to the total amount of the bond. It’s important to understand that bonds are not insurance. Thus, if the surety company makes a payment to a third party on the bond, the AMC and potentially its principals are liable to the surety company for that payment.
Are separate bonds needed for each state? Yes, separate bonds are required for each state because: a bond is written for the specific benefit of the named state and must use the statutory wording of that state. Also, the entire principal amount of a bond must be available in each state, not spread among several states.
We welcome further questions from our clients and potential clients about these and other regulatory compliance matters. Having assisted a number of state regulators in their consideration of regulations under the new AMC laws and having worked with the state boards since FIRREA's enactment, we are very familiar with such issues.