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Wednesday, July 27, 2016

By Shervin Masters


A surety bond is sometimes referred to simply as surety. It refers to a promise made by a guarantor, also referred to as a surety to pay an obligee a given sum of money if a second party does not fulfill the terms of a contract or agreement. The second party is referred to as the principal. Sureties are meant to provide protection to an obligee against losses they may suffer if the principle fails to meet an obligation.

In the US, people commonly post a fee so that an accused individual can be released from jail, prison or the custody of law enforcement officers. Although common in the United States, other countries in the world engage in this practice to a lesser extent. To find professionals in matters to do with surety bond companies in Los Angeles, one can visit any of the many offices in the place. There are many experts in this field who have offices in Los Angeles where they offer professional services to members of the public.

Three parties are usually included in a surety, that is, the obligee, surety, and principal. The recipient of obligation is called the obligee while the party that performs the obligation is the principal. The role of sureties is to protect obligee in cases where principals default in the fulfillment of the obligation.

These bonds may be issued by banks, individuals, or surety companies. The term bank guaranties is used if the bonds are issued by a bank, and if they are issued by a surety company, they are referred to as sureties or simply as bonds. This contract is often formed in order to induce an obligee to contract with the principal as a show of credibility and guaranty of performance and completion of contracts.

Sureties need to be paid a premium by principals before protection can be provided to the obligees. Claims made by the obligee regarding breaching of contract by the principal are always investigated by the company/bank. This verifies the truth or credibility of claims made.

Upon determining that the principal breached the contract, the company/bank has to pay the obligee. The sum to be paid is agreed upon when the contract is formed. The sum may also change depending on the level of the contract already performed by the principal.

After settling the payment owed to the obligee, the institution turns to the principal to be reimbursed. The principal has to reimburse all expenses the institution incurred in settling the amount owed to the obligee including legal fees and other expenses. In some cases, the principal may have a cause of action against some other party for the incurred losses. Often the bank/company comes into recover the cost from that party for the principal.

In some cases, sureties may turn out to be insolvent upon the principal defaulting. In such a case, the bond is rendered nugatory. For that purpose, sureties on a bond must be insurance companies that have been verified by government regulations, private audits or both for insolvency.




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