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BONDING
OR "SURETYSHIP" is the business of writing bonds for
a qualified principal for a stipulated premium. It's origins reach back
to biblical times where Genesis and Proverbs passages speak of "striking
hands" for another (SEE:Genensis 43:9). It is interesting to note that
suretyship is much older than Insurance, which originated in the seventeenth
century.
A BOND IS A WRITTEN PROMISE MADE BY ONE PARTY TO BACK UP THE PROMISE OF ANOTHER. The PRINCIPAL promises the OBLIGEE to faithfully perform a certain action, and the surety guarantees that it will be responsible if the principal defaults on his promise. AN EXAMPLE OF A SITUATION REQUIRING A BOND WOULD BE AS FOLLOWS: An individual, Dutiful Son, Jr. (PRINCIPAL)
is appointed Personal Representative of his
OR Joe Contractor (PRINCIPAL) enters into agreement with Harry Homeowner (OBLIGEE) for the construction of an addition to his home. Joe Contractor is obligated to construct that addition, and if he failed to do so, he would be answerable to Harry Homeowner for any loss caused by his default. If Harry required Joe to provide a bond to guarantee the performance of his contract, and Joe Contractor did not perform his obligation or compensate Harry Homeowner for his loss, the the Surety would pay damages to Harry Homeowner for Joe Contractor's default and surogate against Joe Contractor to recover it's loss. IN SUMMARY, SURETY SHIP IS A THREE PARTY CONTRACT BETWEEN THE PRINCIPAL, THE SURETY, AND THE OBLIGEE. Surety ship is a three party contract between the principal, the surety,
and the obligee. Surety
FOLLOWING ARE SITUATIONS WHICH MAY REQUIRE A SURETY BOND: Fiduciaries such as administrators of estates, executors, Trustees, guardians, etc. to guarantee that they will perform their duties according to law; Licensees and permittees guaranteeing that they will abide by the laws
regulating the business
Contractors to support their bids or contracts with public bodies or private owners for constructing buildings, roads, bridges, etc. Lost securities bonds making it possible for owners of lost or stolen securities, i.e. titles, deeds; to obtain duplicates. Fidelity Bonds are those that indemnify employers against loss resulting
from the dishonest
BANKS, SAVINGS AND LOAN ASSOCIATIONS, AND OTHER FINANCIAL INSTITUTIONS; COMMERCIAL ENTERPRISES OF ALL KINDS, MERCANTILE AND MANUFACTURING CONCERNS; CHURCHES AND OTHER
RELIGIOUS ORGANIZATIONS AND SOCIETIES;
ANY BUSINESS WHERE
THE OWNER MUST NECESSARILY TRUST EMPLOYEES WITH MONEY, RECORDS, OR MERCHANDISE.
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