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BMC-84 vs BMC-85: Broker Surety Bond vs Trust Fund, Explained

Not legal advice. This is a document-preparation tool, not a law firm. Results aren't guaranteed. Verify all info with FMCSA and consult an attorney for legal questions.

When you look up a broker, you'll see "BMC-84" or "BMC-85" on its insurance filings. Both mean the broker has the required financial security on file. They work differently, and as a carrier it helps to know which one you're dealing with.

The rule in one paragraph

Under 49 CFR 387.307, "a broker must have a surety bond or trust fund of $75,000 in effect." FMCSA won't register a broker until that security is in place, and the registration stays in effect only as long as the bond or trust does. "Evidence of a surety bond must be filed using FMCSA's prescribed Form BMC-84. Evidence of a trust fund with a financial institution must be filed using FMCSA's prescribed Form BMC-85." Either way, it exists to pay shippers or motor carriers if the broker fails to carry out its contracts for transportation.

Where the $75,000 came from

For years the requirement was $10,000. Congress raised it to $75,000 in MAP-21 (Pub. L. 112-141), Sec. 32918, amending 49 U.S.C. 13906. FMCSA's rule implementing the higher amount took effect October 1, 2013.

BMC-84: surety bond

• Who backs it: a surety company (an insurance company that writes bonds).
• How it works: the surety promises to pay valid claims up to the bond amount. The broker pays a premium and typically agrees to repay the surety for claims paid.
• Who you file with: the surety named on the filing. You'll see its name and the bond number on FMCSA's L&I insurance page.

BMC-85: trust fund

• Who backs it: a financial institution acting as trustee, holding assets set aside for claims.
• What can be in it: the rule requires assets "aggregating to $75,000 that can be liquidated to cash within 7 calendar days," limited to cash, irrevocable letters of credit from a federally insured depository institution, and Treasury bonds (49 CFR 387.307(b)).
• Who you file with: the trustee/financial institution named on the filing.

What's the same for both

• Same $75,000 minimum.
• Same purpose: paying carriers and shippers when the broker fails to perform.
• Same cancellation rule: either can be cancelled only on 30 days' written notice to FMCSA, and a replaced bond or trust still covers obligations from contracts made before the replacement took effect (49 CFR 387.307(d)).
• Same newer rules on draw-downs. Since January 16, 2026, sureties and trustees must notify FMCSA within 2 business days when payments, or claims they expect to pay, would drop the security below $75,000. FMCSA then gives the broker 7 business days to fix it before suspending its authority. If a broker has a financial failure, the bond or trust is cancelled, FMCSA posts notice in the FMCSA Register, and claims must be accepted for 60 calendar days after that notice (49 CFR 387.307(e)-(f)).

What carriers should check

1. Is there one on file at all? No active BMC-84 or BMC-85 means no active broker registration. Don't haul for them.
2. Is it pending cancellation? A cancellation notice on file is a warning sign. If they already owe you, act fast.
3. Who's the surety or trustee? Write it down with the bond number before you book. You'll need it if a payment goes bad.
4. Does the name match? The bond should be in the broker's legal name, matching your rate con.

Our free Broker Check shows these from FMCSA's public data. Then see how to find the surety's claims contact and how to file a claim.

Is $75,000 enough?

It's a floor, not a guarantee. If one broker leaves many carriers unpaid, the claims share the same security. That's why speed and good paperwork matter. It's also why checking a broker before you haul is cheaper than chasing one after. Keep your own filings current too: trucking deadlines.

Common misunderstandings

• "The bond means I'm guaranteed payment." No. It's a pool of security that pays valid claims, up to its limit, under the surety's or trustee's process.
• "BMC-84 is the broker's insurance." Not quite. Insurance protects the insured. A surety bond protects the people the broker deals with, and the surety usually expects the broker to pay it back.
• "A trust fund is weaker than a bond." Not necessarily. A BMC-85 trust has to hold liquid assets that meet the rule's requirements. What matters for you is whether it's active and how much is left after other claims.
• "FMCSA will make the broker pay." FMCSA registers brokers and acts on filings, notices, and complaints. It doesn't collect debts for carriers.

Freight forwarders too

Freight forwarders have a similar requirement. The rules set the forwarder's surety bond or trust fund minimum as identical to the broker amount in 49 CFR 387.307 (see 49 CFR 387.405). If a freight forwarder owes you, look up its filings the same way.

Quick reference

Sources

• 49 CFR 387.307
• MAP-21 (Pub. L. 112-141), Sec. 32918
• 49 U.S.C. 13906
• FMCSA Licensing & Insurance (L&I)

FAQ

More guides

• How to File a Freight Broker Bond Claim (BMC-84 / BMC-85), Step by Step
• Broker Won't Pay? What Owner-Operators Can Do
• How to Find a Freight Broker's Surety Company (and the Claims Contact)
• How to Write a Demand Letter for an Unpaid Freight Invoice
• How to Check a Freight Broker's MC Number, Authority, and Bond Before You Haul
• Double Brokering: How to Spot It and What to Do If You Weren't Paid
• Broker Says the Shipper Hasn't Paid Them? What Carriers Should Know
• Broker Went Out of Business or Filed Bankruptcy: How Carriers Can Still Get Paid
• Factoring Company Charged Back an Unpaid Load? What Carriers Can Do
• Broker Short-Paid Your Load? How to Dispute Deductions
• How to File an FMCSA Complaint Against a Freight Broker
• Freight Broker Red Flags: A Checklist for Owner-Operators
• How Long Does a Freight Broker Have to Pay a Carrier?
• Rate Confirmations: What to Check So You Actually Get Paid
• Trucking compliance deadlines