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SURETY

Malayan's Surety Bonds give the insured the necessary guarantee to answer an obligation constituted in a principal contract whereby the principal has failed to comply with his obligation to the obligee. Surety is not a contract of indemnity (insurance contract) but a contract of guarantee.

This refers to a class of bonds for the entire construction process

Guarantees that the bidder, if awarded the contract, will enter into a contract and furnish the prescribed Performance Bond

Guarantees the full and timely performance of the contract according to plans and specifications

May be secured if the obligee (owner) is financing a contractor by advance payment of the contract. The amount guaranteed decreases in accordance with the fixed percentage in the monthly bills

Guarantees that the contractor will pay all the bills incurred in connection with the use of labor and supply of materials required in the fulfilment of the contract

Guarantees the completed works during the maintenance period against defective workmanship or materials

Similar to the performance Bond except that the underlying contract involved the supply of merchandise or materials, this guarantees the full and timely performance of the supply contract according to the terms and conditions agreed upon

This is a class bond that is required during judicial proceedings

When an administrator is appointed by the court to settle the estate of the deceased person, this guarantees that he will faithfully perform his duties under law

Guarantees the performance of an executor's duties, which are similar to those of an administrator

Guarantees the performance of the guardian's (for the person or estate of both) duties and responsibilities

Three types of Receivership Bonds are (1) Bond to Appoint Receiver - required when a person is appointed by the court as a receiver without notice to the other party, (2) Bond to Discharge Receiver - receiver appointed may be discharged if the adverse party opposes the appointment and files a bond to discharge receiver in such amount as may be determined by the court, and (3) Regular Receiver Bond - guarantees that the receiver will faithfully discharge the duties of receiver in the action and obey the orders of the court

The plaintiff will pay all the costs which may be adjudged to the adverse party and all damages which he may sustain by reason of the attachment

Conditioned to secure the payment of any judgment that the attaching creditor may recover in the action

Guarantees the return of property to the defendant if the return thereof be adjudged and the payment to the defendant of damages that he may suffer as a result of the issuance of the writ of replevin

Guarantees the delivery of the property to the plaintiff, if such delivery be adjudged, and that the defendant shall pay the plaintiff such sum as the plaintiff may recover against the defendant

Shall answer for all damages which the party enjoined by the order of injunction may sustain by reason of the issuance thereof if the court should finally decide that the plaintiff was not entitled thereto

Guarantees payment of all damages which the plaintiff may suffer if the injunction is refused or lifted

Guarantees performance of the judgment in case it be affirmed wholly or in part

The accused shall answer the complaint or information in the court in which it may be transferred for trial, and after conviction, that he will surrender himself in execution of such judgment

Checklist of Requirements:
   
  Corporation & Partnerships
   
1.
Bond Application Form and Co-signor’s Information Sheet
   
2.
Articles of Incorporation/Articles of Partnership
   
3.
SEC Registration and By-Laws
   
4.
Notarized Corporate Secretary’s Certificate/Partnership Resolution authorizing the company officer to sign the bond and to bind the company
   
5.
Company’s latest Audited Financial Statements
   
6.
Latest Income Tax Returns of all signatories to the bond
   
7.
Completed Projects indicating the value of the Principal’s participation, the total project cost and the date of completion
   
8.
On-Going Projects indicating the value of the Principal’s participation, the total project cost and the percentage of accomplishment
   
9.
List of Equipment and Suppliers
   
10.
Government – issued ID with signature of all signatories to the bond (e.g. passport, driver’s license, SSS ID, etc.)
   
11.
Original/Certified true copy of the Contract / Notice of Award / Notice to Proceed
   
12.
Residence Certificate for the current year of all signatories to the bond
       
  Sole Proprietorship
   
1.
Bond Application Form and Co-signor’s Information Sheet
   
2.
Registration with the Department of Trade and Industry for the current year
   
3.
License to Operate for the current year
   
4.
Company’s latest Audited Financial Statements
   
5.
Latest Income Tax Returns of all signatories to the bond
   
6.
Completed Projects indicating the value of the Principal’s participation, the total project cost and the date of completion
   
7.
On-Going Projects indicating the value of the Principal’s participation, the total project cost and the percentage of accomplishment
   
8.
List of Equipment and Suppliers
   
9.
Government – issued ID with signature of all signatories to the bond (e.g. passport, driver’s license, SSS ID, etc.)
   
10.
Original/Certified true copy of the Contract / Notice of Award / Notice to Proceed
   
11.
Residence Certificate for the current year of all signatories to the bond
   
  Heir's Bond
   
1.
Bond Application Form and Co-signor’s Information Sheet
   
2.
Deed of Extrajudicial Settlement / Special Power of Attorney
   
3.
Death Certificate
   
4.
Affidavit of Publication
   
5.
Latest Income Tax Returns of all signatories to the bond
   
6.
Description and value of properties
   
7.
Government – issued ID with signature of all signatories to the bond (e.g. passport, driver’s license, SSS ID, etc.)
   
8.
Residence Certificate for the current year of all signatories to the bond

Click here to download
Corporate Application Form or Individual Application Form


       

 


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