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7 U.S.C. § 245Bonding and other financial assurance requirements

submitted 110 years ago by Pub. L. 106-472 to r/title-7-AGRICULTURE · 240 words · no verdicts yet

in plain englishAI-generated · not legal advice

To get a license under this law, an applicant must file a bond or other financial guarantee with the Secretary. The guarantor must be suable in the state where the warehouse is. The Secretary can require more security if needed, and anyone harmed by a violation can sue on the bond.

(a) In general. To get a license or approval under this chapter, an applicant must file a bond with the Secretary, or provide some other financial assurance the Secretary considers appropriate. This guarantees the person will actually do what the license or approval covers. (b) Service of process. For a bond or other financial assurance to qualify, the surety, sureties, or financial institution behind it must be able to be sued — served with legal papers — in the state, district, or territory where the warehouse is located. (c) Additional assurances. If the Secretary decides that a bond or financial assurance already approved isn't enough anymore, the Secretary can suspend or revoke the related license or approval. This happens if the person who filed the original bond doesn't provide additional bond or financial assurance that the Secretary considers appropriate. (d) Third party actions. If someone is hurt because an obligation under this chapter was broken, and a bond or other financial assurance was required to cover that obligation, that injured person can sue on the bond or financial assurance in a U.S. district court, to recover the damages they suffered from the breach.
the actual law source: uscode.house.gov ↗public domain
(a) In general

As a condition of receiving a license or approval under this chapter (including regulations promulgated under this chapter), the person applying for the license or approval shall execute and file with the Secretary a bond, or provide such other financial assurance as the Secretary determines appropriate, to secure the person’s performance of the activities so licensed or approved.

(b) Service of process

To qualify as a suitable bond or other financial assurance under subsection (a), the surety, sureties, or financial institution shall be subject to service of process in suits on the bond or other financial assurance in the State, district, or territory in which the warehouse is located.

(c) Additional assurances

If the Secretary determines that a previously approved bond or other financial assurance is insufficient, the Secretary may suspend or revoke the license or approval covered by the bond or other financial assurance if the person that filed the bond or other financial assurance does not provide such additional bond or other financial assurance as the Secretary determines appropriate.

(d) Third party actions

Any person injured by the breach of any obligation arising under this chapter for which a bond or other financial assurance has been obtained as required by this section may sue with respect to the bond or other financial assurance in a district court of the United States to recover the damages that the person sustained as a result of the breach.

Source credit: (Aug. 11, 1916, ch. 313, pt. C, § 6, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2064.)

history & why it existsrecord from the source credit
  • 1916Enacted · Pub. L. 106-472 · 114 Stat. 2064

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-472 on 1916-08-11.

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