BMC-84 vs BMC-85: broker surety bond vs trust fund

FMCSA requires every property broker to keep $75,000 of financial security on file (49 CFR 387.307). There are two forms.

BMC-84: surety bond

A surety company issues a bond for the broker. If the broker fails to pay carriers or shippers under its contracts, claimants can make a claim against the bond. The surety then seeks repayment from the broker.

BMC-85: trust fund agreement

The $75,000 is held by a financial institution or other approved trustee under a trust agreement. Claims work similarly: you file with the trustee named on the filing.

What carriers should know

• $75,000 is the total for all claimants. If a broker fails owing many carriers, each may recover only part of what's owed.
• FMCSA's broker financial responsibility rule, with a compliance date of January 16, 2026, tightened what happens when a broker's security drops below $75,000, including suspension of authority and how sureties and trustees handle claims when a broker fails.
• Check for a pending cancellation on FMCSA Licensing & Insurance (L&I). A cancellation filing with an effective date means the security will end on that date unless replaced.

RatedPaid shows the bond/trust type, effective date and any live cancellation on every broker page, and lists cancellations on Broker Risk Alerts.

Last reviewed 2026-10-25. General information, not legal advice. More guides · Check a broker