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CFR  

Code of Federal Regulations Pertaining to EBSA

Title 29  

Labor

 

Chapter XXV  

Pension and Welfare Benefits Administration, Department of Labor

 

 

Part 2580  

Temporary Bonding Rules

 

 

 

Subpart E  

Qualified Agents, Brokers and Surety Companies for the Placing of Bonds


29 CFR 2580.412-21 - Corporate sureties holding grants of authority from the Secretary of the Treasury.

  • Section Number: 2580.412-21
  • Section Name: Corporate sureties holding grants of authority from the Secretary of the Treasury.

    (a) The provisions of section 13 require that any surety company 
with which a bond is placed pursuant to that section must be a corporate 
surety which holds a grant of authority from the Secretary of the 
Treasury under the Act of July 30, 1947 (6 U.S.C. 6-13), as an 
acceptable surety on Federal bonds. The Act provides, among other 
things, that in order for a surety company to be eligible for such grant 
of authority, it must be incorporated under the laws of the United 
States or of any State and the Secretary of the Treasury shall be 
satisfied of certain facts relating to its authority and capitalization. 
Such grants of authority are evidenced by Certificates of Authority 
which are issued by the Secretary of the Treasury and which expire on 
the April 30 following the date of their issuance. A list of the 
companies holding such Certificates of Authority is published annually 
in the Federal Register, usually in May or June. Changes in the list, 
occurring between May 1 and April 30, either by addition to or removal 
from the list of companies, are also published in the Federal Register 
following each such change.
    (b) Where a surety becomes insolvent and is placed in receivership, 
or if for any other reason the Secretary of the Treasury determines that 
its financial condition is not satisfactory to him and he revokes the 
authority of such company to act as an acceptable surety under the Act 
of July 30, 1947, the ``administrator'' of the insured plan shall, upon 
knowledge of such facts, be responsible for securing a new bond with an 
acceptable surety.
    (c) In obtaining or renewing a bond, the plan administrator shall 
assure that the surety is one which satisfies the requirements of this 
section. If the bond is for a term of more than one year, the plan 
administrator, at the beginning of each reporting year, shall assure 
that the surety continues to satisfy the requirements of this subpart.

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