BMC-85 Vs. BMC-84

Freight brokers and forwarders are required by the Federal Motor Carrier Safety Administration (FMCSA) to secure a $75,000 financial instrument, either through a BMC-84 surety bond or a BMC-85 trust fund, to ensure compliance with industry regulations and protect carriers and shippers.

There are pros and cons to both of these options, but the key difference is investment.  A BMC-84 is a bond that you pay into monthly (amount is based on your credit history and professional history), but when you cancel, you do not receive anything back from that bond.  A BMC-85 trust fund bond offers a way for you to invest in your business right from the start, as any principal you pay towards the fund is refunded within a certain time period after you cancel the bond or close your business.

Here is a breakdown of additional considerations you need to make when choosing between a BMC-85 or BMC-84 for your business.  Either are great options, but doing your due diligence and research is key to which option you choose.

BMC-85 - For Brokers who want to INVEST in their business!

  • Capital Requirement: Brokers must either deposit or finance $75,000 into a BMC-85 trust fund.

    • PRO – The principal paid into a BMC-85 trust is returned to the broker when they cancel their fund or close their business.

    • CON – You do not have access to this principal during the lifetime of the fund.

  • Funding your BMC-85:  A broker can fund a BMC-85 trust fund with actual money or by using a “Letter of Credit” from a financial institution.
    • If the trust is fully collateralized, Trust companies can charge an annual fee, sometimes up to $1,500, for managing the trust. ​TFS only charges a $650 annual fee to process your paperwork and for the management of the trust.

  • Financing your BMC-85: Transport Financial Services (TFS) requires a deposit (between $3k and $5k based on credit/history) and regular small monthly payments that comprise of principal and interest. (Monthly payments average at $300 per month – less if paid annually.  Interest rates are based on broker’s credit and history, deposit amount and if they pay monthly vs. annually).

  • Direct Claim Payments: Valid claims are paid directly from the trust fund without the intermediary investigation that a surety might conduct, potentially leading to quicker resolutions but less scrutiny.  TFS has a claims department that allows claimants to submit information online, here on our website, and then allows the broker to easily answer that claim.  It is then our team’s job to identify if the claim is reasonable and if the broker needs to supply any response.  Alot of times these claims are closed without any scrutiny and do not affect the brokers status with the FMCSA.

BMC-84 - For Brokers wanting to retain capital

  • Capital Requirement: As with the BMC-85, Brokers must either deposit or finance $75,000 into a BMC-84 Surety Bond.
  • Upfront Costs: Instead of depositing the full $75,000, brokers can pay an annual premium, typically ranging from 1% ($750.00) to 12% ($9000.00) of the bond amount, based on creditworthiness and financial history.

    • PRO – If a broker has great credit and history, they can pick up a BMC-84 surety bond for as little as $750 a year.
    • CON – Any money paid into the surety bond is a cost of doing business and cannot be classified as an investment in the brokerage business.
    • CON – If you have a bad credit or questionable business history the deposit will be high.
  • Preservation of Capital: This approach allows brokers to retain working capital for other business operations, as they are not required to tie up significant funds in a trust.

  • Surety’s Role in Claims: The surety company investigates claims thoroughly before any payouts, offering an additional layer of scrutiny and potentially protecting the broker from unwarranted claims.

TFS will build your BMC-85 around YOUR Needs & Requirements

Every broker's needs vary and each and every broker has to have a bond valued at $75,000. TFS is here to help, advise, and to guide you through the process!

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