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BMC-84 vs BMC-85: Which Broker Bond Option Makes Sense in 2026

Property brokers must maintain $75,000 in financial responsibility under 49 USC §13906 - BMC-84 surety bond vs BMC-85 trust fund, compared for 2026.

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 an authorized surety company) or BMC-85 (a trust fund held by a federally-insured financial institution).

The dollar floor at $75,000 has been unchanged for over a decade. Industry advocacy for a $250,000 floor continues but no rule-making is active.

BMC-84 surety bond

A BMC-84 surety bond requires no upfront cash. The broker pays an annual premium to the surety company. Premium is typically 2–7% of the bond face amount based on personal credit, business credit history, and brokerage operating history. Strong credit profiles pay $1,800–$3,500 annually; weaker profiles pay $4,000–$7,000.

If a broker fails to pay a carrier within the contract terms and a claim is filed, the surety pays the carrier up to the $75,000 ceiling and then seeks reimbursement from the broker. A BMC-84 with active claims may be canceled, leaving the broker with no path to maintain authority.

BMC-85 trust fund

A BMC-85 trust fund requires the full $75,000 in cash held at an FMCSA-approved financial institution. The trust earns interest (returned to the broker), but the principal is locked. The trust cannot be borrowed against and cannot fund operating capital.

BMC-85 is the only option for brokers with weak credit who cannot obtain a BMC-84. It's also chosen by brokers who prefer the cash-locked structure over annual premium payments and want the interest income.

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