Electronic Surety Bond (ESB) Terms

In the context of ESB tracking, it is the relationship between surety company and surety bond producer. The surety company will grant the surety bond producer the ability to create and manage the bond/rider on behalf of surety company subject to identified state authorizations and bond limits. Only representatives designated in the Association are be able to sign bonds/riders on behalf of the surety company.

An entity that holds a Power of Attorney, granted by a surety company, empowering the execution of a surety bond. In the context of ESB tracking, the attorney-in-fact is the representative of surety bond producer with execution authority.

In the context of ESB tracking, authority provides a surety entity with access to the licensee for the purpose of managing bonds on behalf of the licensee.

Also called penal amount or penal sum, it is the amount of liability under a bond.

The maximum bond amount that a surety entity is allowed to enter when creating or updating the bond.

An alphanumeric identifier that is issued by a surety entity and associated with a bond. In the context of ESB tracking, a bond number is required when an existing bond is converted or a new bond is created in NMLS.

In the context of ESB tracking, a status associated with a bond in NMLS ESB.

An entity that has a contractual agreement with a principal in the management of surety bond/rider. In the context of ESB tracking, a BOR with execution authority will be able to sign the bond/rider, a BOR without execution authority will not be able sign the bond / rider and in this case, the bond / rider will need to be signed by the associated surety company.

The process for a surety company to replace an existing (outgoing) Broker of Record (BOR) with a new (incoming) BOR. In the context of ESB tracking, a BOR change is initiated by the surety company and must be confirmed by the licensee.

A bond that has been specifically cancelled by the issuing surety company/surety bond producer and is then considered to be "inactive" in NMLS, but sometimes continues to hold the obligations set forth in the Bond Terms.

The process for surety entity to convert a paper bond that has previously been delivered to a regulator outside NMLS to an electronic bond, the surety entity should identify the bond as a converted bond. The effective date for a converted bond will default to the surety signatory date.

In the context of ESB tracking, a surety entity will be able to delete a bond or rider in a Requires Rep Signature or Returned to Surety status. Once deleted, the bond or rider will no longer be visible to NMLS users. However, a record will be retained in the database.

Once the bond is signed by the surety and licensee, it is ready to be delivered. If the licensee has an existing license, the bond will be delivered immediately to the regulator. If the licensee has a pending license application, the bond will be delivered to the regulator at the time the license application is submitted.

Also called bond effective date, the date on which bond coverage becomes effective. In the context of ESB tracking, the effective date for a converted bond is populated with the surety signatory date. The Effective Date for a new bond can be provided by the surety.

A bond that has been prepared and signed by a surety entity and subsequently reviewed and signed by the Licensee.

In the context of ESB tracking, the power and authority granted by surety company, through power of attorney, to surety bond producer, who will be able to take certain actions or to bind the surety company to specified obligations

When a licensee decides to end a business arrangement with one surety bond producer and begins working with a new surety bond producer, a new broker of record relationship is established between the licensee/principal and the new surety bond producer. In the context of ESB tracking, confirmation of the BOR change will be allowed only when all pending surety bonds and riders have been delivered or deleted.

A person, company, etc., to whom a license is granted or issued by state agencies, in order to conduct related business in the jurisdiction. With respect to surety bonds, the Licensee is the Principal on the bond.

The minimum bond amount that is required by state agency for a surety bond associated with a specific license type.

Unique identifier for a surety company assigned by the National Association of Insurance Commissioners. In the context of ESB tracking, NAIC number will be used throughout NMLS to identify a surety company.

Submission by a surety company indicating a bond will be cancelled on the effective date provided. If cancelled prior to delivery to the regulator, cancellation is immediate. Once delivered to the regulator, if permitted by the state, notice of cancellation must comply with state advance notice requirements. Upon submission, the bond status will be updated to Notice of Cancellation.

Unique identifier assigned by the National Association of Insurance Commissioners (NAIC) through the licensing application process or the NAIC reporting systems to individuals and business entities (including, but not limited to producers, adjusters, and navigators) engaged in insurance related activities regulated by a state insurance department. The NPN is used to track those individuals and business entities on a national basis. In the context of ESB tracking, this unique identifier will be used throughout NMLS to identify a Representative of a Surety Bond Producer.

The entity that is protected against loss by a surety bond. In the context of ESB tracking, the obligee is the state agency.

Other trade name is the business name under which the license conducts its business.

The surety entity that currently has an existing broker of record relationship with the licensee/principal, but the licensee/principal has decided to terminate the current business relationship.

A type of bond that doesn’t have an expiration date.

In suretyship, the party whose actions, honesty or responsibility is to be guaranteed. In the context of ESB tracking, the principal is the licensee.

In the context of ESB tracking, a surety company will be able to reinstate a cancelled bond if the Cancellation Effective Date is in the past. The bond will be set back to an Executed status when the reinstatement is submitted as of the Cancellation Effective Date.

In the context of ESB tracking, this is a person associated to a surety company or a surety bond producer, who can manage bonds on behalf of the surety company or surety bond producer. The Representative's bond management ability is limited by the roles assigned to that Representative, state authorizations indicated and bond limits indicated.

In the context of ESB tracking, a surety company will be able to rescind the Notice of Cancellation if the Cancellation Effective Date has not elapsed. The bond will be set back to an Executed status when the cancellation is rescinded.

The authorization granted by state agency for the surety entities to engage in suretyship in that jurisdiction.

A three party agreement whereby one party (the surety) is bound with the entity bonded (the principal) to a third party (the obligee). The bond guarantees the surety's performance or monetary compensation to the obligee should there be a failure by the principal to perform specified acts within a stated time period. In the context of ESB tracking, the surety bond is electronically managed in NMLS.

An entity who handles surety bonds, producing business for the surety company. In the context of ESB tracking, a surety bond producer may have or may not have execution authority to sign the bond / rider.

An amendment to a previously-issued (and still active) surety bond. In the context of ESB tracking, Surety entities will be able to create a rider to update bond information if the bond is in an Executed status and has been delivered to the regulator. Only one rider can be created at a time. The rider must be signed by the licensee before another rider can be created.

A corporation collaterally bound for the payment of money or the performance of an act or duty by the principal. In the context of ESB tracking, a surety company can create, manage and sign the bond/rider.

In the context of ESB tracking, Surety companies (SC) and surety bond producers (SBP) will be collectively referred as surety entities.

An individual or employee of an insurance company who determines which risk to accept and the amount of such risks. In the context of ESB tracking, a surety entity can associate an underwriter user to a bond at the time of bond creation or at any time prior to bond cancellation.

The company associated with a surety company to underwrite the surety bond. In the context of ESB tracking, an underwriting company can be selected by the surety bond producer when they establish the business relationship.