The federal requirement
Property brokers under FMCSA authority must maintain $75,000 in financial responsibility per 49 USC §13906 and 49 CFR §387.307. The two options are BMC-84 (a surety bond from a surety company) or BMC-85 (a trust fund with a financial institution as defined in §387.307(c), such as an insured bank, trust company, thrift or credit union, or insurance company).
The dollar floor at $75,000, set in 49 USC §13906(b)(3), has been unchanged for over a decade.
BMC-84 surety bond
A BMC-84 surety bond requires no upfront cash. The broker pays an annual premium to the surety company.
If a broker fails to pay a carrier within the contract terms and a valid claim is filed, the surety pays up to the $75,000 limit and typically seeks reimbursement from the broker. Since January 16, 2026, if a payment drops the bond below $75,000, the surety must notify FMCSA within 2 business days, and FMCSA will suspend the broker's authority within 7 business days of its notice unless the bond is restored or the claims are satisfied (49 CFR §387.307(e)).
BMC-85 trust fund
A BMC-85 trust fund must hold assets totaling $75,000 that can be liquidated to cash within 7 calendar days. Acceptable assets are limited to cash, irrevocable letters of credit issued by a federally insured depository institution, and Treasury bonds (49 CFR §387.307(b)). Those assets stay committed to the trust and are not available as operating capital.
BMC-85 is an option for brokers who cannot obtain a BMC-84 on acceptable terms, or who prefer committing assets over paying ongoing surety premiums. The same suspension rules apply if a payment drops the trust below $75,000.