DEPUTY BOND SERVICES SURETY BOND INFORMATION Deputy Bond Services (DBS) are a specialist provider of Surety Bonds for Deputies appointed by the Court of Protection (the Court). We have been appointed by the Ministry of Justice following a competitive tender to manage this scheme. Please note the name of the Person for whom you are the Deputy is referred to in the Mental Capacity Act 2005 as P. For this reason our documentation will be referring to the same term. Please read all the information contained in this document and the terms of the Surety Bond carefully before signing. Once processed this Surety Bond can only be cancelled by an Order from the Court. If you are setting up a Trust Corporation to manage this Deputyship, please contact us for further details and the appropriate form. If the amount of security required is in excess of 750,000, we may require additional information. Please contact us to establish whether a Proposal Form is required. If any Deputy applying for this Surety Bond has a previous Bond for P please give the name of the firm and bond number when returning the Surety Bond to DBS. HOW TO COMPLETE THE SURETY BOND Please complete the following information on page 1 of the Surety Bond; this information should have been supplied by the Court: Full Name of the Person for whom you are the Deputy Court Reference Select the appropriate Bond required - Annual or Single Payment Amount of Security Premium payable On page 2 of the Surety Bond the people that wish to become a Deputy need to complete their full name, contact details and sign accordingly. Our contact for correspondence will be Deputy 1 unless otherwise instructed. Please note that we are required to complete a Credit Check on all Deputies who are not acting in a professional capacity. A Professional Deputy would be formally paid for their services and hold Professional Indemnity insurance. We are required to share adverse results with the Court and this may result in the Court reviewing your Deputyship application. By signing the Surety Bond you are agreeing to the above. Once the Surety Bond has been processed we will send you a Confirmation Letter and Certificate which outlines the terms of the Surety Bond that has been signed. We will notify the Court and the Office of the Public Guardian that the Bond has been completed to enable them to finalise your appointment as a Deputy. Payment: Option 1: Your cheque should be made payable to Deputy Bond Services. Option 2: Debit or Credit Card Payment over the telephone. Please send in the completed Surety Bond form first and we will give you a call to take the payment once we have entered the Bond on our system. Please detach and return the completed Surety Bond (pages 1 and 2) together with your payment in the enclosed business reply envelope. If you have any questions or wish to discuss any aspect in more detail please do not hesitate to contact us using the information below. DEPUTY BOND SERVICES - CONTACT DETAILS ' 01202 449690 8 enquiries@deputybondservices.co.uk * 13-19 Oxford Road, Bournemouth, Dorset BH8 8HA i www.deputybondservices.co.uk Deputy Bond Services is a trading name of Property & Commercial Limited. Property & Commercial Limited is authorised and regulated by the Financial Services Authority. Registered Office: 4-9 Highview, High Street, Bordon, Hampshire GU35 0AX. Registered in England No. 08206861.
SURETY BONDS ARRANGED BY DEPUTY BOND SERVICES FINANCIAL SERVICES AUTHORITY STATUS DISCLOSURE DOCUMENT AND CUSTOMER TERMS OF BUSINESS PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS DOCUMENT PLEASE CONTACT US ABOUT DEPUTY BOND SERVICES Deputy Bond Services (DBS) is a trading name of Property & Commercial Limited, 4 9 Highview, High Street, Bordon, Hampshire GU35 0AX which is authorised and regulated by the Financial Services Authority. Property & Commercial Limited s FSA Register Number is 591070. OWNERSHIP Property & Commercial Limited form part of a group of companies owned by Caley Limited. THE FINANCIAL SERVICES AUTHORITY (FSA) The FSA is the independent statutory watchdog that regulates financial services. You can find Property & Commercial Limited on the FSA Register at www.fsa.gov.uk/register. The FSA can be contacted at 25 The North Colonnade Canary Wharf London E14 5HS Telephone Number: 0845 606 1234 IF YOU ARE NOT HAPPY WITH OUR SERVICES We hope that you will be very happy with the service we provide. However, if you have any need to complain about the arrangement or administration of your Bond, please contact: - Client Relationship Manager Deputy Bond Services 13-19 Oxford Road Bournemouth BH8 8HA. Telephone Number: 01202 449691 We will acknowledge your complaint within 5 working days and detail our complaints procedure to you. If we are unable to settle your complaint you may be entitled to refer it to the Financial Ombudsman Service, details can be found at www.financial-ombudsman.org.uk The Financial Ombudsman Service can be contacted at: South Quay Plaza 183 Marsh Wall London E14 9SR Telephone Number: 0800 023 4567 THE FINANCIAL SERVICES COMPENSATION SCHEME We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation if we or the Surety Company are unable to meet our respective liabilities. Further information about compensation scheme arrangement can be found on the FSCS website www.fscs.org.uk HOW DEPUTY BOND SERVICES HANDLE PREMIUM We will hold premium received from you or refunds or claims money received from the Surety Company in respect of the Surety Bond as Agent of the Surety Company. When you pay a premium to us, it will be treated as having been received by the Surety Company meaning that you cannot be asked to pay again if we do not pay the Surety Company. Similarly the Surety Company will bear the risk if claims money or return premiums they have paid to us are not paid to you. OUR REMUNERATION We are paid for administering the Bond by commission from the Surety Company that forms part of the premium. We will deduct any commission entitlements before paying premiums to the Surety Company. DATA PROTECTION ACT PERSONAL DATA Your information, including any sensitive personal data, will be held by DBS, for the purpose of the administration of a Surety Bond and any claims. It will be handled in accordance with the Data Protection Act 1998. We may pass your information to the Court of Protection, Office of the Public Guardian, Surety Company, Loss Adjusters, Reinsurers and Government Agencies as required by law. Under data protection legislation private individuals can ask in writing for a copy of certain personal records held about them. A charge may be made for this service. THE SURETY COMPANY DBS have placed the cover with Aviva Insurance Limited (Aviva) who were selected by competitive tender to become the Surety Company for this scheme after fulfilling all the necessary requirements of the Ministry of Justice and DBS, although we are not obliged to use them. We have a delegated authority agreement with Aviva which allows us to bind the Surety Bond on their behalf and issue documentation. In placing Surety Bonds for Deputies we act as the Deputies agent. Should you instruct us to bind this Surety Bond with Aviva, we would be placing your Surety Bond through the binding authority granted to us by Aviva. The FSCS can be contacted at: 10th Floor, Beaufort House 15 St Botolph Street London EC3A 7QU Telephone Number: 0800 678 1100 Deputy Bond Services is a trading name of Property & Commercial Limited. Property & Commercial Limited is authorised and regulated by the Financial Services Authority. Registered Office: 4-9 Highview, High Street, Bordon, Hampshire GU35 0AX. Registered in England No. 08206861.
SURETY BOND ARRANGED BY DEPUTY BOND SERVICES KEY FACTS DOCUMENT THIS IS A SUMMARY AND DOES NOT CONTAIN THE FULL TERMS AND CONDITIONS OF THE COVER. THESE CAN BE FOUND IN THE SURETY BOND FORM THAT YOU SIGN AND SUBMIT TO US AND IN THE SECURITY CONFIRMATION CERTIFICATE WE SEND TO YOU. NAME OF THE SURETY COMPANY Aviva Insurance Limited (Aviva) Registered in Scotland No. SC002116 Registered Office: Pitheavlis, Perth PH2 0NH Authorised and regulated by the Financial Services Authority (FSA) Firm No 202153 SURETY BOND (The Bond) This is a guarantee by Aviva to pay as notified by the Office of the Public Guardian and directed by the Court of Protection (the Court), any financial losses suffered by P, up to the amount of the Security specified in the Bond, arising from the failure of a Deputy to perform their Deputyship duties. It meets the security needs the Court requires under the Mental Capacity Act 2005 before finalising a Deputyship order. SIGNIFICANT FEATURES AND BENEFITS The amount of Security is set by the Court in the Court Order, and only the Court has the right to increase or decrease the Security amount. The Bond will be automatically amended if a Court Order is issued changing the security amount. You will receive notification of any security change by letter and a new certificate. Please note that you will not be required to sign a new form to agree to this amendment. You will be advised of any change to the premium due at the next due date as a result of this change. SIGNIFICANT AND UNUSUAL EXCLUSIONS OR LIMITATIONS You (and your legal Personal Representatives and estates) are liable to recompense Aviva for their loss and costs should the Public Guardian forfeit this Bond as directed by the Court. Aviva will take such action as appropriate against you personally to recover their loss. If there is more than one Deputy appointed you are each liable for the actions of all the other Deputies. PREMIUM PAYMENT Annual Payment Bonds - You must pay from P s estate the initial and all future premiums by the due date in respect of the Bond. If you fail to do so Aviva may apply to the Court to be relieved of further liability. Single Payment Bonds This is a one-off payment for the lifetime of the Bond. You are not entitled to any refund in the event of early termination of the Bond, or reduction in the amount of Security. HOW A CLAIM IS MADE The Court is the only body that can initiate a claim on this Bond. The Bond will be forfeited by the Public Guardian through an Order issued by the Court. This Order and the original signed Bond, held by DBS, will be forwarded to Aviva with the Court s direction for payment. DURATION OF THE BOND The Bond remains in force until the requirement for you to provide Security is discharged by the Court. CANCELLATION RIGHTS You do NOT have the right to cancel this Bond, It can only be cancelled on the instructions of the Court, when they issue an order discharging the security. COMPLAINTS We hope that you will be very happy with the service provided. However, if for any reason you are unhappy with the service we would like to hear from you. Please contact Deputy Bond Services who arranged the Bond at:- Client Relationship Manager Deputy Bond Services 13-19 Oxford Road Bournemouth BH8 8HA Telephone Number: 01202 449691 The details of their complaints process is included in the Customer Terms of Business document they have provided to you. FINANCIAL OMBUDSMAN SERVICE Aviva are covered by the Financial Ombudsman Service. If you are not satisfied that your complaint has been resolved you may be entitled to refer it to this independent body for review. The contact details are: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Telephone Number: 0800 023 4567 Following the complaints procedure does not affect your right to take legal action. FINANCIAL SERVICES COMPENSATION SCHEME The business of Aviva is covered by the Financial Services Compensation Scheme. A claimant under the Surety Bond may be entitled to compensation from the scheme if we cannot meet our obligations, depending on the type of business and circumstances of the claim. Please see the attached Customer Terms of Business for the contact details. Aviva Insurance Limited Registered in Scotland No. 2116. Registered Office: Pitheavlis, Perth PH2 0NH Authorised and Regulated by the Financial Services Authority
Page 1 Surety Bond Details OFFICE OF THE PUBLIC GUARDIAN SURETY BOND Full Name of the Person for whom you are the Deputy, hereinafter referred to as P Annual Payment Bond: (Please tick box) Court Reference Amount of Security Annual Premium Payable OR Single Payment Bond: (Please tick box) Amount of Security 21,000 One-off Premium Payable 98.00 The Deputy or Deputies (the Deputies) named on Page 2 of this Bond are required by the Court of Protection (the Court) to give Security to the Public Guardian for your appointment as Deputies for P. The Deputies by signing this Surety Bond (the Bond) have requested Aviva Insurance Limited or its successors (the Surety Company) to provide this Security and agree to be bound by the terms detailed below. The Surety Company by signing this form agrees to this, subject to the terms below. TERMS OF THE BOND 1. The Surety Company hereby guarantees that it will pay, by one or more payments, as directed by the Court to P or the Personal Representatives of P the amount of the loss, not exceeding the Amount of Security, should the Deputies fail to carry out their Deputyship duties. 2. The Surety Company accepts that if any Deputies are or were party to a previous Surety Bond regarding their Deputyship duties in respect of P then this Bond will apply in place of any such Bond and will therefore cover all liabilities from the start of the Deputyship as stated in the Court Order. 3. The Deputies will carry out their Deputyship duties given as personal undertakings to the Court in their Deputy s declaration together with such duties and restrictions as are specified in any Court Order relating to P. 4. The Deputies and their respective legal Personal Representatives and estates shall remain liable or jointly and severally liable to the Surety Company should the Office of the Public Guardian forfeit the Bond at the direction of the Court and the Surety Company may take such action as is appropriate against the Deputies personally to recover any amounts paid. 5. The Deputies and the Surety Company shall remain liable under this Bond until an Order is made by the Court relieving the Deputies and/or the Surety Company from further liability under the Bond or any Endorsement to this Bond. 6. The Deputies shall pay from P s estate the first premium and, all future premiums (if an Annual Payment Bond) by the due date in respect of this Bond or any Endorsement to this Bond, otherwise the Surety Company may apply to the Court to be relieved from further liability under this Bond. The Deputies acknowledge that if this Bond is discharged by the Court there is no entitlement to any refund of the premiums paid. 7. The Deputies acknowledge that the Court may from time to time order that the amount of the Security be increased or reduced and the Security in respect of this Bond or any Endorsement will automatically be amended to the amount ordered. The Deputies acknowledge that the Surety Company may increase or reduce future premiums accordingly and that The Deputies shall be responsible for paying any such increased or reduced future premium out of P s estate. FOR DEPUTY BOND SERVICES OFFICE USE ONLY DO NOT WRITE BELOW THIS LINE Documentation Received Professional Limit Check Credit Check Court Ref Check Agent Panel Bond Number DBS Client Type Signed for and on behalf of the Surety Company Authorised Signatory Aviva Insurance Limited Registered in Scotland No. 2116. Registered Office: Pitheavlis, Perth PH2 0NH Authorised and Regulated by the Financial Services Authority
Page 2 TO BE COMPLETED BY THE DEPUTY/DEPUTIES IN SIGNING THIS FORM YOU ARE AGREEING TO THE TERMS OF THE BOND STATED ON PAGE 1 Deputy 1 Information - Main Contact Full postal address including your postcode Date of Birth D D M M Y Y Y Y Telephone No. Email address Will you be acting in a professional capacity? A Professional Deputy would be formally paid for their services and hold Professional Indemnity insurance. Yes No Deputy Signature Deputy 2 Information - If applicable Full postal address including your postcode Date of Birth D D M M Y Y Y Y Telephone No. Email address Will you be acting in a professional capacity? A Professional Deputy would be formally paid for their services and hold Professional Indemnity insurance. Yes No Deputy Signature Deputy 3 Information - If applicable Full postal address including your postcode Date of Birth D D M M Y Y Y Y Telephone No. Email address Will you be acting in a professional capacity? A Professional Deputy would be formally paid for their services and hold Professional Indemnity insurance. Yes No Deputy Signature IF THERE ARE MORE THAN 3 DEPUTIES THAT ARE BEING APPOINTED PLEASE CONTACT DBS FOR THE APPROPRIATE FORM PAYMENT OF THE BOND PREMIUM OPTION 1: Cheque made payable to Deputy Bond Services OPTION 2: If you wish to make a payment by debit or credit card please tick here Please ensure you have provided a daytime contact telephone number and we will call you to obtain payment once we have received the completed Bond. Aviva Insurance Limited Registered in Scotland No. 2116. Registered Office: Pitheavlis, Perth PH2 0NH Authorised and Regulated by the Financial Services Authority FB V4 0313
Deputy Bond Services 13-19 Oxford Road Bournemouth Dorset BH8 8HA Tel: 01202 449690 Email: enquiries@deputybondservices.co.uk FB V4 0313