Bonding Basics for Michigan Treasurers

Similar documents
Colonial Surety Company 123 Tice Blvd Suite 250 Woodcliff Lake, NJ (800) Fax (877) LOST INSTRUMENT APPLICATION

SureQuick Express Bond Application

Me and My Shadow: What a Deputy Does

Information & Instructions: Seizure of debtor's property prior to judgment

AGREEMENT FOR ISSUANCE OF REVOCABLE PERMIT (UTILITIES)

FIRST INDEMNITY OF AMERICA INSURANCE COMPANY INDEMNITY AGREEMENT

(01/31/13) Principal Name /PIA No. PAYMENT AND INDEMNITY AGREEMENT No.

BY-LAWS OF CHALDEAN CULTURAL CENTER ARTICLE I OFFICES

IC Chapter 9. County Auditor

BYLAWS OF THE PLAZA CONDOMINIUM ASSOCIATION AN IOWA NON-PROFIT CORPORATION

BY-LAWS OF CHALDEAN CULTURAL CENTER ARTICLE I OFFICES

The Township of Norvell

CUSTODIAN AGREEMENT W I T N E S S E T H:

ASSOCIATION BYLAWS ALDEN MEADOWS ASSOCIATION ARTICLE I. ADOPTION OF CONDOMINIUM BYLAWS

SEPTEMBER SESSION SEPTEMBER 18, 2018

County of Santa Cruz. 701 Ocean Street, Suite 340, Santa Cruz, CA (831) FAX: (831)

AMENDMENT 3 OF THE ARTICLES OF INCORPORATION OF ANN ARBOR AREA TRANSPORTATION AUTHORITY

CHARTER OF THE COUNTY OF FRESNO

GUARANTEE AND INDEMNITY

SOURCE ONE SURETY, LLC.

NORTHEAST UNITED SOCCER CLUB, INC. (A KANSAS NOT FOR PROFIT CORPORATION) ARTICLE I. Offices

Security Agreement Assignment of Hedging Account (the Agreement ) Version

BYLAWS OF, a nonprofit corporation (, 20 ) ARTICLE 1. NAME. This nonprofit Corporation is named (also referred to interchangeably as the Church.

REGISTRAR AND PAYING AGENT AGREEMENT. between CITY OF DELRAY BEACH, FLORIDA. and THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION

RESTATED BY-LAWS OF CHAMPIONS PARK HOMEOWNERS ASSOCIATION, INC. (EFFECTIVE DATE: January 23, 2003) ARTICLE I NAME AND LOCATION

OPEN-END MORTGAGE. Situate in City (Township) of, County, Ohio, and being more particularly described as follows:

RESOLUTION NO. ECCD

KNOW YOUR BOND BEFORE YOU SIGN

INDEMNITOR APPLICATION AND AGREEMENT

EXHIBIT CONSTRUCTION CONTRACT BOND

NEW HAMPSHIRE-VERMONT INTERSTATE SCHOOL COMPACT

Guarantee. THIS DEED is dated. 1. Definitions and Interpretation. 1.1 Definitions. In this Deed:

SAMPLE AGREEMENT: CE AGREEMENT

BYLAWS OF THE FOUNDATION FOR CALIFORNIA COMMUNITY COLLEGES ARTICLE I. Name THE FOUNDATION FOR CALIFORNIA COMMUNITY COLLEGES ARTICLE II

EXHIBIT VIII-N PERFORMANCE AND PAYMENT BONDING REQUIREMENTS

BYLAWS OF ISLANDER HOMEOWNERS ASSOCIATION, INC. A North Carolina Nonprofit Corporation Under the Laws of the State of North Carolina

MASSACHUSETTS WATER RESOURCES AUTHORITY $ Multi-Modal Subordinated General Revenue Bonds Series REMARKETING AGREEMENT

BYLAWS OF PALM BAY EDUCATION GROUP, INC. ARTICLE I THE CORPORATION

BYLAWS OF THE VILLAGE AT PILOT MILL HOMEOWNERS ASSOCIATION, INC. ARTICLE I

BOYERTOWN AREA MULTI-SERVICE INCORPORATED BY-LAWS ARTICLE 1 OFFICES AND FISCAL YEAR

BY-LAWS of NEW YORK PUBLIC RADIO. ARTICLE I Members The Corporation shall have no members.

BYLAWS OF TIMBER POINTE OWNERS ASSOCIATION, INC.

NC General Statutes - Chapter 34 1

FOUNDATION OF THE AMERICAN COLLEGE OF HEALTHCARE EXECUTIVES BYLAWS* NAME, REGISTERED OFFICE AND AGENT, MISSION, OBJECTS, PROGRAM

UniversaL FIRE & CASUALTY INSURANCE CO CHICAGO DRIVE, HUDSONVILLE, MI Phone Fax Form #100

THE CONSTITUTION AND BYLAWS of the NEW YORK STATE ASSESSORS ASSOCIATION INCORPORATED

WEST HOUSTON SHOOTERS CLUB, INC.

Sole Proprietor Partnership Corporation State of Incorporation: Date Business Commenced Federal ID# CA State Resale # Yes No. Bank Address Phone Fax

INSTITUTE FOR ECONOMIC DEVELOPMENT, INC. D/B/A RIVERFRONT ALLIANCE OF DELAWARE COUNTY. BYLAWS Article I

Petition for Eviction Based on Non-Payment of Rent

BYLAWS OF HEATHER CREEK HOMEOWNERS ASSOCIATION A Nonstock, Nonprofit Michigan Corporation

BYLAWS TYLER WOODS HOMEOWNERS ASSOCIATION ARTICLE I

GENERAL APPLICATION AND AGREEMENT OF INDEMNITY CONTRACTORS FORM

CHAPTER House Bill No. 1223

Bylaws of the Maple Forge Homeowners Association. -- Table of Contents --

BY-LAWS NEW YORK STATE OM ASSOCIATION, INC. (NYSOMA) Adopted: October 21, 2006

NOBLE MIDSTREAM GP LLC FIRST AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT. Dated Effective as of September 20, 2016

BY-LAWS LANCASTER DOWNTOWN INVESTMENT DISTRICT AUTHORITY ARTICLE 1 THE AUTHORITY

GENERAL APPLICATION AND AGREEMENT OF INDEMNITY CONTRACTORS FORM

LAND IMPROVEMENT AGREEMENT

DEED OF SURETYSHIP. in favour of INTERMEDIARIES GUARANTEE FACILITY LIMITED. Surety in solidum for and co-principal debtor with

BYLAWS OF HERITAGE LAKE RESORT CONDOMINIUM OWNERS ASSOCIATION, INC. ARTICLE I Name and Purpose

District Court, S. D. New York. Aug., 1874.

The Board of Trustees of the University of Illinois. University of Illinois Auxiliary Facilities System Refunding Revenue Bonds, Series 2011C

ALABAMA ASSOCIATION OF PUBLIC PERSONNEL ADMINISTRATORS ALABAMA CHAPTER IPMA-HR BYLAWS ARTICLE I NAME AND GEOGRAPHIC AREA

REDEVELOPMENT AGENCY OF THE CITY OF SPARKS, NEVADA. as Grantor AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE OF TRUST

SPONSOR OF MORTGAGE ORIGINATORS BOND

SAN ANTONIO WATER SYSTEM SERVICES AGREEMENT AGREEMENT FOR. THIS IS A SERVICE AGREEMENT (this Agreement ) by and between

THE MUHAMMAD SUBUH FOUNDATION BYLAWS

BID: Escanaba WWTP Digester Roof Restoration

BOND FOR FAITHFUL PERFORMANCE

Rollingwood Pool, Inc. By-Laws. (Amended February 2019) Deleted: 8. Bylaw 02/2019 v.1

BYLAWS OF HOA OF AVONDALE RANCH, INC. A Texas Non-Profit Corporation

International Drum Horse Association, Inc. BYLAWS

PUBLIC AGENCY RISK SHARING AUTHORITY. Adopted May 27, 2015

Suretyship A practical guide to Surety Bonding

APPENDIX: INDIVIDUAL APPLICATION CORYELL COUNTY BAIL BOND BOARD GATESVILLE, TEXAS Approved as of September 15, 2005

Form RUS-TX Revision 6/2013

By-Laws MERCK & CO., INC. Effective as of November 3, 2009

BYLAWS OF THE UNITED STATES ORIENTEERING FEDERATION ENDOWMENT FUND INCORPORATED, A PENNSYLVANIA NONPROFIT CORPORATION. Article I Introduction

BYLAWS OF SILVER RIDGE SUBDIVISIONS HOMEOWNERS ASSOCIATION

SOUTH DAKOTA ASSOCIATION OF TOWNS AND TOWNSHIPS BY LAWS. as last adopted by the member delegates at the Annual Meeting in Huron, South Dakota.

INDEMNITOR APPLICATION AND AGREEMENT

AMENDED and RESTATED BYLAWS. TOWNE MEADOWS HOMEOWNERS ASSOCIATION An Arizona nonprofit corporation

BY-LAWS OF ORINDA DOWNS HOMEOWNERS ASSOCIATION ARTICLE I

AMENDED & RESTATED BY-LAWS OF EZENIA! INC. (hereinafter called the Corporation ) ARTICLE I OFFICES

BY-LAWS OF UTAH LEGAL SERVICES, INC. As amended October 8, 2014

CAPITAL AREA FOOD BANK THIRD AMENDED AND RESTATED BYLAWS ARTICLE I. MEMBERS

BYLAWS AIHA GUIDELINE FOUNDATION ARTICLE 1 NAME

CHAPTER 31: VILLAGE OFFICIALS. General Provisions. President. Clerk. Treasurer. Village Administrator

SECOND AMENDED AND RESTATED BYLAWS THE HEART OF AMERICA REGION VOLLEYBALL ASSOCIATION. (As adopted August 12, 2012) ARTICLE I. Name, Offices, Records

OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT AND THE OPTIONEE NAMED HEREIN (Not to be Recorded)

Article I. Identity. When there is more than one (1) Owner of a lot, all such persons holding title shall he Members of the Association.

BYLAWS NEW YORK EHEALTH COLLABORATIVE, INC. Amended and Restated as of September 28, 2017 ARTICLE 1 GENERAL

BARC Electric Cooperative AS AMENDED JANUARY 2013

INDIVIDUAL APPLICATION FOR HUNT COUNTY BAIL BOND BOARD LICENSE

CONTRACTOR INFORMATION - Attach most recent company year-end financial statement or tax return.

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA FINAL JUDGMENT OF FORECLOSURE

(THIS FORM HAS 7 PAGES AND MUST BE COMPLETED IN FULL)

AMENDED AND RESTATED BY-LAWS of W. R. GRACE & CO. Incorporated under the Laws of the State of Delaware ARTICLE I OFFICES AND RECORDS

Transcription:

Shelby Stein Commercial Surety Specialist August 7, 2017 Bonding Basics for Michigan Treasurers

Crime Coverage vs. Surety Bond Crime Insurance What is it? Crime Insurance is coverage of monies, securities, and other property against theft, forgery, and other unlawful acts. Government entities have separate coverage forms compared with commercial entities. Who does it cover? The policy is held by the municipality. How do I get it? Crime coverage can be added to an existing Commercial Insurance Policy, or as a standalone product. How much? Policy limit listed on the declarations page subject to named deductible. Exclusions Almost every crime coverage policy excludes any employee that is required by law to be bonded. In Michigan this includes clerks, treasurers, deputy treasurers, and constables (MCL 41.69). However, as a stop gap government crime forms contain an Indemnification condition that indemnifies the subordinates of an employee who is required to be separately bonded. 2

Crime Coverage vs. Surety Bond Public Official Surety Bond What is it? Guarantees faithful performance of the office held. For a treasurer this means honesty and faithful performance of duty while handling money as required by the law. Sureties view these types of bonds as more hazardous in nature when compared to other types of public official bonds. A surety can be held liable if the bonded official or their subordinate mishandle their duties. In order to properly underwrite these bonds, sureties can require background information including resumes and financial condition documentation for the bonded individual. Requirements may vary from surety to surety and based on the amount of funds bonded. What does the state say? MCL 41.77 A township treasurer, within the time limited for filing the oath of the office, shall give a bond to the township in the sum and with the sureties as the township board shall require and approve, conditioned on the faithful discharge of the duties of the office and that the treasurer will account for and pay over according to law, all money that comes into the treasurer s hands as treasurer, and the supervisor shall endorse approval on the bond. Why is it needed? The bond submitted upon taking office is to cover day-to-day transactions 3

Summer and Winter Taxes

Summer and Winter Taxes What does bonding mean for property taxes? MCL 211.43 outlines tax collection parameters, including providing a surety bond in the amount of 40% of the total of the taxes collected. (2) The treasurer, immediately upon authorization to raise money by taxation pursuant to an election held under section 36 or on or before the third day immediately preceding the day the taxes to be collected become a lien, shall give to the county treasurer a bond running to the county in the actual amount of state, county, and school taxes, except school taxes collected through a city treasurer, with sufficient sureties to be approved by the supervisor of the township and the county treasurer, conditioned that he or she will pay over to the county treasurer as required by law all state and county taxes, pay over to the respective school treasurers all school taxes that he or she collects during each year of his or her term of office, and duly and faithfully perform all the other duties of the office of treasurer. (2) If a corporate surety bond is provided, the bond shall be approved only by the county treasurer. If the bond is furnished by a surety company authorized to transact business under the laws of this state, it is sufficient that the bond is equal to 40% of the amount of state, county, and school taxes. This bond is in addition to the bond required upon taking oath. The bonded amounts for tax collections are exponentially higher than most ordinary public official bonds. 5

Summer and Winter Taxes What does this mean for County Treasurers? A township may post a bond to the county for 40% of the taxes collected. The county is then responsible for the cost of the bond. The county has the option of putting all the township treasurers on one bond The advantage here is that the county treasurer can be certain a bond is in place. Because the statute provides for two distinct tax collection terms, two bonds should be executed. One for the summer period and one for the winter period. 6

Summer and Winter Taxes Submitted Questions: Do Deputy Treasurers need to be bonded too? Michigan law requires a Deputy Treasurer to hold a surety bond for day-to-day transactions. The property tax bond requirement does not require a Deputy Treasurer to be listed on the bond.» However, if the township treasurer does not meet the financial requirements of the surety company, the Deputy Treasurer can be listed on the bond instead. Do Deputy Treasurers need to sign a separate application? Yes. In both scenarios listed above a Deputy must fill out and sign their own application. Does the cost of the bond increase by bonding the deputies? No. Bond premium is based on the penal sum of the bond. 7

Indemnity

Indemnity Indemnity Agreements When applying for a bond, sureties require a completed application to be submitted. Applications normally contain an indemnity agreement portion that outlines the surety s rights in the event of a loss. By signing the document you agree to the terms which may include reimbursement to the surety for losses. Submitted question: Explain the statement found on an indemnity agreement: I hereby waive any homestead or other exemption to which I may be entitled under the laws of any state of the United States of America. According to MCL 600.5451 - Homestead exemption exists for unsecured obligation up to approximately $30,000 or $45,000 if the debtor is over the age of 65. Practically applied, this clause on an indemnity agreement waives that right provided by the state. Example: In theory, if a principal had to liquidate their principal residence to reimburse a surety for a loss, and this clause was found in the signed indemnity agreement, the surety would be able to recover the entire sale amount of the home without having to relinquish the exempted amount back to the principal. 9

The Hartford Detroit Regional Office 5445 Corporate Drive, Suite 300 Troy, MI 48098