DEPUTY BOND SERVICES SURETY BOND INFORMATION FOR TRUST CORPORATIONS HOW TO COMPLETE THE SURETY BOND

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1 DEPUTY BOND SERVICES SURETY BOND INFORMATION FOR TRUST CORPORATIONS Deputy Bond Services (DBS) is a specialist provider of Surety Bonds for Deputies appointed by the Court of Protection (the Court). We have been appointed by the Ministry of Justice following a competitive tender to manage this scheme. Please note the name of the Person for whom you are the Deputy is referred to in the Mental Capacity Act 2005 as P. For this reason our documentation will be referring to the same term. Please read all the information contained in this document and the Terms of the Surety Bond stated on the Bond Form carefully before signing. If you have any questions or wish to discuss any aspect in more detail please do not hesitate to contact us using the information below. Once processed this Surety Bond can only be cancelled by an Order from the Court. If the amount of security required is in excess of 1,000,000, we may require additional information. Please contact us to establish whether a Proposal Form is required. If the Deputy applying for this Surety Bond has a previous Bond for P, please give the name of the firm and bond number when returning the Surety Bond to DBS. HOW TO COMPLETE THE SURETY BOND SECTION 1: SURETY BOND DETAILS. Please ensure all of the information on page 1 of the Surety Bond has been fully completed by the Court. If any details are missing please complete if known or contact the Court for clarification. SECTION 2: DEPUTY DETAILS. On page 2 of the Surety Bond information about the Trust Corporation is required. The name and registered address must be completed. The form will need to be signed by an authorised signatory for the Trust Corporation and witnessed OR stamped with a company seal. Please complete all the necessary fields including the correspondence details as all documentation will be sent to this postal address. SECTION 3: Payment. Option 1: Cheque made payable to Deputy Bond Services. Option 2: Debit or Credit Card Payment over the telephone. Please send the completed Surety Bond form to DBS first and we will call you to take the payment once we have entered the Bond on our system. Option 3: Surety Bond Payment Statement. Please contact DBS if you have any questions regarding this arrangement. BOND COMPLETION AND CONFIRMATION. Please ensure all details have been fully completed and the Bond form has been signed. Please return the completed Surety Bond (pages 1 and 2) together with your payment to: Deputy Bond Services, 100 Holdenhurst Road, Bournemouth BH8 8AQ. The Initial Disclosure and Key Facts Documents should be kept for your own reference. Once the Surety Bond has been received and processed we will send you confirmation documents. We will also notify the Court and the Office of the Public Guardian that the Bond has been issued. You can also apply for a Surety Bond online at DEPUTY BOND SERVICES - CONTACT DETAILS ' enquiries@deputybondservices.co.uk * 100 Holdenhurst Road, Bournemouth BH8 8AQ i Deputy Bond Services is a trading name of Property & Commercial Limited which is authorised and regulated by the Financial Conduct Authority. Registered Address: The Walbrook Building, 25 Walbrook, London EC4N 8AW. Registered in England and Wales Company Number:

2 INITIAL DISCLOSURE DOCUMENT PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS DOCUMENT PLEASE CONTACT US ABOUT DEPUTY BOND SERVICES Deputy Bond Services (DBS) is a trading name of Property & Commercial Limited, which is authorised and regulated by the Financial Conduct Authority (FCA). Registered address: The Walbrook Building, 25 Walbrook, London EC4N 8AW. FCA Register number is You can check this on the FCA s Register by visiting the FCA s website or by contacting the FCA on THE FINANCIAL CONDUCT AUTHORITY The FCA is the independent statutory watchdog that regulates financial services. Use this information to decide if our services are right for you. IF YOU ARE NOT HAPPY WITH OUR SERVICES We hope that you will be very happy with the service we provide. However, if you have any need to complain about the arrangement or administration of your Bond, please contact: - Client Relationship Manager Deputy Bond Services 100 Holdenhurst Road Bournemouth BH8 8AQ. Telephone Number: We will acknowledge your complaint within 5 working days and detail our complaints procedure to you. If we are unable to settle your complaint you may be entitled to refer it to the Financial Ombudsman Service, details can be found at The Financial Ombudsman Service can be contacted at: Exchange Tower London E14 9SR Telephone Number: THE FINANCIAL SERVICES COMPENSATION SCHEME We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we or the Surety Company are unable to meet our respective obligations. Further information about compensation scheme arrangements can be found on the FSCS website The FSCS can be contacted at: 10th Floor, Beaufort House 15 St Botolph Street London EC3A 7QU Telephone Number: YOUR PAYMENT TO DBS (PROFESSIONAL DEPUTIES ONLY) Payment of your Surety Bond premium will be made by you to DBS before your Surety Bond is issued unless, at our absolute discretion, we agree that you may pay your premium following the provision by us of a Surety Bond Payment Statement. Where it has been agreed that payment will be made by you in accordance with a Surety Bond Payment Statement, a Surety Bond Payment Statement will be provided to you after the issue of your Surety Bond. You must then make payment of the full amount payable under the Surety Bond Payment Statement within 30 days of your gaining access to P s estate and in accordance with the terms of the Surety Bond Payment Statement. Failure to comply with these payment conditions may result in the Surety Company making an application to the Court to be relieved of further liability and taking legal action against you to recover the monies owed for the Surety Bond as well as applicable interest under the Late Payment of Commercial Debts Act HOW DEPUTY BOND SERVICES HANDLE YOUR MONEY We may hold premium on your behalf, either paid by you to be passed on to the Surety Company or paid to us by the Surety Company to be passed on to you. For your protection money received from you, or to be paid to you, will be held by us in accordance with the FCA s rules. In this instance we hold money as agent of the Surety Company under a risk transfer process. Under risk transfer we have an arrangement with the Surety Company to hold money as their agent. Money we receive either from you, or from the Surety Company, will therefore be the property of the Surety Company whilst we hold it. Therefore, if you pay money to us it is treated as having been received by the Surety Company and if we do not pay it over to the Surety Company, your bond will not be affected. Similarly, if the Surety Company pays claims money or a return premium to us for onward transmission to you, and we do not pay you then the Surety Company will still be liable to you. Where we do not use risk transfer, we will notify you separately. OUR REMUNERATION We are paid for administering the Bond by commission from the Surety Company that forms part of the premium. We will deduct any commission entitlements before paying premiums to the Surety Company, and therefore you will not pay a further, separate, fee for our services. DATA PROTECTION ACT PERSONAL DATA Your personal data, will be held and processed by DBS for the purpose of the administration of a Surety Bond and any claims. It will be handled in accordance with our obligations under the Data Protection Act We may pass your information to the Court of Protection, Office of the Public Guardian, Surety Company, Loss Adjusters, Reinsurers and Government Agencies and any other third parties, in each case as required by law or as reasonably required for the purposes of placing a Surety Bond. Under data protection legislation private individuals can ask in writing to DBS for a copy of certain personal records held about them. A charge of up to 10 may be made for this service. Please help us to ensure that the personal data that we hold about you is accurate and up to date by informing us of any changes as soon as possible. THE SURETY COMPANY DBS will place the cover with Aviva Insurance Limited (Aviva) who were selected by competitive tender to become the Surety Company for this scheme after fulfilling all the necessary requirements of the Ministry of Justice and DBS, although we are not obliged to use them. We have a delegated authority agreement with Aviva which allows us to bind the Surety Bond on their behalf and issue documentation. In placing Surety Bonds for Deputies we act as the Deputies agent. Should you instruct us to bind this Surety Bond with Aviva, we would be placing your Surety Bond through the binding authority granted to us by Aviva. Deputy Bond Services is a trading name of Property & Commercial Limited which is authorised and regulated by the Financial Conduct Authority. Registered Address: The Walbrook Building, 25 Walbrook, London EC4N 8AW. Registered in England and Wales Company Number:

3 SURETY BOND ARRANGED BY DEPUTY BOND SERVICES KEY FACTS DOCUMENT THIS IS A SUMMARY AND DOES NOT CONTAIN THE FULL TERMS AND CONDITIONS OF THE COVER. THESE CAN BE FOUND IN THE SURETY BOND FORM THAT YOU SIGN AND SUBMIT TO US AND IN THE CONFIRMATION DOCUMENTATION WE SEND TO YOU. NAME OF THE SURETY COMPANY Aviva Insurance Limited (Aviva) Registered in Scotland No Registered Office: Pitheavlis, Perth PH2 0NH Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Firm Reference Number SURETY BOND (The Bond) This is a guarantee by Aviva to pay as notified by the Office of the Public Guardian and directed by the Court of Protection (the Court), any financial losses suffered by P, up to the amount of the Security specified in the Bond, arising from the failure of a Deputy to perform their Deputyship duties. It meets the security needs the Court requires under the Mental Capacity Act 2005 before finalising a Deputyship order. Failure to comply with these payment conditions may result in Aviva making an application to the Court to be relieved of further liability and taking legal action against you to recover the monies owed for the Surety Bond as well as applicable interest under the Late Payment of Commercial Debts Act HOW A CLAIM IS MADE The Court is the only body that can initiate a claim on this Bond. The Bond will be forfeited by the Public Guardian through an Order issued by the Court. This Order and the original signed Bond, held by DBS, will be forwarded to Aviva with the Court s direction for payment. DURATION OF THE BOND The Bond remains in force until the requirement for you to provide Security is discharged by the Court. SIGNIFICANT FEATURES AND BENEFITS The amount of Security is set by the Court in the Court Order, and only the Court has the right to increase or decrease the Security amount. The Bond will be automatically amended if a Court Order is issued changing the security amount. You will receive notification of any security change by letter. Please note that you will not be required to sign a new form to agree to this amendment. You will be advised of any change to the premium due at the next due date as a result of this change. SIGNIFICANT AND UNUSUAL TERMS You (and your legal Personal Representatives and estates) are jointly and severally liable to recompense Aviva for their loss and costs should the Public Guardian forfeit this Bond as directed by the Court. Aviva will take such action as appropriate against you personally to recover their loss. If there is more than one Deputy appointed you are each liable for the actions of all the other Deputies. PREMIUM PAYMENT Annual Payment Bonds - You must pay from P s estate the initial and all future premiums by the due date in respect of the Bond. If you fail to do so Aviva may apply to the Court to be relieved of further liability. Single Payment Bonds This is a one-off payment for the lifetime of the Bond. You are not entitled to any refund in the event of early termination of the Bond, or reduction in the amount of Security. SURETY BOND PAYMENT STATEMENT (Professional Deputies Only) At their absolute discretion, Deputy Bond Services (DBS) may agree that you pay the premium for your Surety Bond following the provision of a Surety Bond Payment Statement. After the Surety Bond is issued, a Surety Bond Payment Statement will be provided to you by DBS and you must make payment of the full amount payable under the Surety Bond Payment Statement within 30 days of your gaining access to P s estate and in accordance with the terms of the Surety Bond Payment Statement. CANCELLATION RIGHTS You do NOT have the right to cancel this Bond. The Bond can only be cancelled on the instructions of the Court, when they issue an order discharging the security. COMPLAINTS We hope that you will be very happy with the service provided. However, if for any reason you are unhappy with the service we would like to hear from you. Please contact Deputy Bond Services in the first instance at:- Client Relationship Manager Deputy Bond Services 100 Holdenhurst Road Bournemouth BH8 8AQ Telephone Number: The details of their complaints process is included in the Initial Disclosure Document provided to you. FINANCIAL OMBUDSMAN SERVICE Aviva are covered by the Financial Ombudsman Service. If you are not satisfied that your complaint has been resolved you may be entitled to refer it to this independent body for review. The contact details are: Financial Ombudsman Service Exchange Tower London E14 9SR Telephone Number: Following the complaints procedure does not affect your right to take legal action. FINANCIAL SERVICES COMPENSATION SCHEME The business of Aviva is covered by the Financial Services Compensation Scheme. A claimant under the Surety Bond may be entitled to compensation from the scheme if we cannot meet our obligations, depending on the type of business and circumstances of the claim. Further information about compensation scheme arrangements can be found on the FSCS website Aviva Insurance Limited Registered in Scotland No Registered Office: Pitheavlis, Perth PH2 0NH Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

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5 Page 1 OF 2 OFFICE OF THE PUBLIC GUARDIAN SURETY BOND trust corporations Section 1: Surety Bond Details Full Name of the Person for whom you are the Deputy, hereinafter referred to as P First Name(s) Surname Court Reference ONLY THE COURT OF PROTECTION CAN DECIDE ON THE TYPE OF BOND AND THE SECURITY AMOUNT REQUIRED Annual Payment Bond: Amount of Annual Premium Security Payable Single Payment Bond: Amount of One-off Premium Security Payable The Deputy named on Page 2 of this Bond is required by the Court of Protection (the Court) to give Security to the Public Guardian to be appointed as Deputy for P. The Deputy by signing this Surety Bond (the Bond) has requested Aviva Insurance Limited or its successors (the Surety Company) to provide this Security and agree to be bound by the terms detailed below. The Surety Company by signing this form agrees to this, subject to the terms below. TERMS OF THE BOND 1. The Surety Company hereby guarantees that it will pay, by one or more payments, as directed by the Court to P or the Personal Representatives of P the amount of the loss, not exceeding the Amount of Security, should the Deputy fail to carry out their Deputyship duties. 2. The Surety Company accepts that if the Deputy is or was a party to a previous Surety Bond regarding their Deputyship duties in respect of P then this bond will apply in place of any such Bond and will therefore cover all liabilities from the start of the Deputyship as stated in the Court Order. 3. The Deputy will carry out their Deputyship duties given as undertakings to the Court in their Deputy s declaration together with such duties and restrictions as are specified in any Court Order relating to P. 4. The Deputy shall remain liable to the Surety Company should the Office of the Public Guardian forfeit the Bond at the direction of the Court and the Surety Company may take such action as is appropriate against the Deputy to recover any amounts paid. 5. The Deputy and the Surety Company shall remain liable under this Bond until an Order is made by the Court relieving the Deputy and/or the Surety Company from further liability under the Bond or any Endorsement to this Bond. 6. The Deputy shall pay from P s estate the first premium and, all future premiums (if an Annual Payment Bond) by the due date in respect of this Bond or any Endorsement to this Bond, otherwise the Surety Company may apply to the Court to be relieved from further liability under this Bond. The Deputy acknowledges that if this bond is discharged by the Court there is no entitlement to any refund of the premiums paid. 7. The Deputy acknowledges that the Court may from time to time order that the amount of the Security be increased or reduced and the Security in respect of this Bond or any Endorsement will automatically be amended to the amount ordered. The Deputy acknowledges that the Surety Company may increase or reduce future premiums accordingly and that the Deputy shall be responsible for paying any such increased or reduced future premium out of P s estate. FOR DEPUTY BOND SERVICES OFFICE USE ONLY DO NOT WRITE BELOW THIS LINE Bond Received Trust Approved Client Payment Received Limit Check Panel Court Ref Check Agent Prof. Type Notes Bond Number Signed for and on behalf of the Surety Company Authorised Signatory Dated Aviva Insurance Limited Registered in Scotland No Registered Office: Pitheavlis, Perth PH2 0NH Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Deputy Bond Services is a trading name of Property & Commercial Limited which is authorised and regulated by the Financial Conduct Authority. Registered Address: The Walbrook Building, 25 Walbrook, London EC4N 8AW. Registered in England and Wales Company Number:

6 Page 2 OF 2 SECTION 2: DEPUTY DETAILS. TO BE FULLY COMPLETED BY THE TRUST CORPORATION IN SIGNING/STAMPTING THIS FORM THE TRUST CORPORATION CONFIRMS THEY HAVE READ AND UNDERSTOOD THE TERMS OF THE BOND STATED ON PAGE 1 AND AGREE TO BE BOUND BY THESE. THE DEPUTY: TRUST CORPoration INFORMATION Name of Trust Corporation Registered Address Post code Company Reg. No. Please affix Company Seal OR sign and print your name in the presence of a witness who should also sign and print their name below in accordance with the Trust Corporation constitution Company Seal Dated Signed for on behalf of Trust Corporation Signed by Witness Dated OR Full Name of Signatory Full Name of Witness Trust Corporation Correspondence Details Contact Name Postal Address Post Code Address Telephone Number SECTION 3: PayMENT OF THE BOND PREMIUM OPTION 1: OPTION 2: OPTION 3: Cheque made payable to Deputy Bond Services Debit or Credit Card. Please ensure you have provided a daytime contact telephone number and we will call you to obtain payment once we have received the completed Bond. Surety Bond Payment Statement. Aviva Insurance Limited Registered in Scotland No Registered Office: Pitheavlis, Perth PH2 0NH Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. STC V9 0115