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OVERVIEW
| WHY
A LICENSE AND PERMIT BOND IS NEEDED AND THE PARTIES INVOLVED?
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WHY
- A
PERSON OR FIRM WANTS TO DO A CERTAIN JOB OR ENTER BUSINESS
AND
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PARTIES
PRINCIPAL |
- WE
GUARANTEE THAT THE PRINCIPAL WILL
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SURETY |
- CONFORM
TO THE REGULATIONS PLACED
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OBLIGATION |
- THE
GOVERNMENTAL UNIT GRANTING THE LICENSE OR PERMIT AND WHO
REQUIRE THE BOND TO PROTECT THEMSELVES
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OBLIGEE |
- SOMETIMES
ADDITIONAL 3RD PARTIES (THE PUBLIC) CAN ALSO COLLECT UNDER
A BOND, JUST AS CAN THE OBLIGEE
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WHEN
LICENSE & PERMIT BONDS ARE NEEDED
In times past, governmental
units, individual citizens or firms have thought themselves adversely
affected in some manner, by a wide variety of trade people such
as plumbers, electricians, sign hanger, movers, livestock and grain
haulers, as well as other business persons.
Their activities and the
resulting complaints to the various governing authorities caused
some towns townships, counties, states and even the Federal Government
to pass legislation requiring many kinds of individuals and firms
to:
1)
Get a license or permit before they could enter business,
or perform some specific function or job.
2)
In addition to the actual license or permit, they usually
require one or both of the following:
- A Surety bond directly protecting
the governmental unit from their activities. Sometimes these bonds
are also required to provide for suits from third parties too.
(If so, they are very carefully underwritten.)
- Certain legal liability policies
to cover their responsibility both under common law and/or statutory
law, for example. Automobile and/or Manufacturers and Contractors
and Workers Compensation policies. Only rarely is the requirement
of a bond waived upon receipt of Certificates of Insurance showing
they have the proper insurance policies and coverages.
This explains why a License
or Permit bond is required. In some cases the bond is limited to
one specific job or function. Each additional job or function requires
a separate and additional bond. Most often, however, the bond runs
for the term of the license or permit that is issued --- usually
one year.
WHAT
A LICENSE & PERMIT BOND COVERS
This can only be determined
with certainty by checking the law or ordinance that provides for
the license or permit. It will always state who is to be protected
and for what. However, once you obtain this information it will
apply to all similar bonds for that particular governmental unit.
Bond underwriters should be provided copies ( or a digest ) of such
regulations.
TYPES
OF LICENSE & PERMIT BONDS
These bonds will all
fall into one of these categories:
1)
A FINANCIAL GUARANTEE to a governmental unit that the
taxes collected by the principal under his license or permit will
all be turned over to the obligee. Examples are principals who deal
in petroleum products, tobacco, liquor, wine, beer, amusements,
and some common carriers. Obviously, they must not only be honest
and trustworthy, but also financially solvent therefore a long form
application that includes a financial statement is required.
A credit guarantee to protect third parties. For example, a governmental
unit requires a license and license bond from a broker (the principal)
of farm products. The bond protects the sellers, should the broker-principal
fail to pay the producer-seller for the produce sold.
2)
COMPLIANCE
BONDS
guaranteeing to a governmental unit that the principal
will comply with the regulations placed on him by the granting of
his license or permit to do a job or enter a business. Examples
are plumbers, heating contractors, electricians, sidewalk or masonry
contractors, sign hangers, etc. The law or ordinance covering their
activities will often permit third parties (the public) to sue under
these bonds and, if so, legal liability insurance must be in force.
Thus a long form application showing his financial status is required
for these too.
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