BMC-85 assets are narrowly defined
Trust assets are limited to cash, irrevocable letters of credit from federally insured depository institutions, and U.S. Treasury bonds. The assets must be liquidatable to cash within seven calendar days.
2026 operating-authority resource
Freight Broker Bond: BMC-84 vs BMC-85
Understand the $75,000 broker and freight-forwarder financial-security requirement, compare the two federal filing structures, and follow the current 2026 drawdown, suspension, and verification rules.
USDOTData is not a surety, trustee, insurer, or filing service.
We do not sell, quote, underwrite, recommend, or file BMC-84 or BMC-85 products. Verify the provider, form, live authority record, and current regulation. This page is not legal, insurance, or financial advice.
Match the filing to the entity
Choose the FMCSA role and filing you are reviewing. No quote or business data is requested.
Current filing path
Property broker — compare BMC-84 and BMC-85
$75,000 required security
Form: Compare BMC-84 and BMC-85
Provider: BMC-84 is a surety bond; BMC-85 is a trust agreement maintained by an eligible financial institution.
- 1Compare the surety-bond and trust-fund structures, provider eligibility, total cost, collateral or asset requirements, cancellation terms, and claims process.
- 2Choose one compliant filing for the exact authority; the $75,000 security requirement does not mean both forms are required.
- 3Have the authorized provider file electronically, then verify the current evidence and authority status in FMCSA Motus.
Boundary: The correct business choice depends on provider terms and the entity’s finances. This comparison is not a recommendation or legal, insurance, or financial advice.
Check the official FMCSA requirementThis comparison runs only in your browser. It does not request a quote, recommend a provider, file a form, or transmit business information.
What the $75,000 security does
Brokers and freight forwarders are transportation intermediaries. Federal financial security is designed to support eligible claims when the intermediary fails to carry out contracts, agreements, or arrangements for transportation by authorized motor carriers.
It is not the broker’s motor-carrier liability insurance, cargo coverage, UCR fee, BOC-3 process-agent filing, or the FMCSA application fee. A business with multiple FMCSA roles can have separate requirements for each role.
BMC-84 and BMC-85 are two structures for one requirement
| Feature | BMC-84 | BMC-85 |
|---|---|---|
| Structure | Surety bond | Trust fund agreement |
| Federal amount | $75,000 bond | $75,000 in acceptable trust assets |
| Provider | Authorized surety company | Financial institution eligible under 49 CFR 387.307 |
| 2026 asset rule | Bond terms come from the surety; the $75,000 is not the premium | Cash, qualifying irrevocable letter of credit, or U.S. Treasury bonds, liquidatable within seven calendar days |
| Verification | Provider files electronically; verify the exact authority and active filing in FMCSA Motus | |
What changed on January 16, 2026
Trustee eligibility changed
Only financial institutions meeting the current rule may file and maintain BMC-85 agreements. FMCSA’s June 2026 FAQ explains replacement filings when an existing provider is found ineligible.
Drawdowns trigger rapid notice
A provider must notify FMCSA electronically within two business days when security falls—or is expected to fall—below $75,000, and must also report replenishment status.
Provider violations have consequences
FMCSA may penalize a surety or trust provider and make it ineligible to provide broker or freight-forwarder security for three years when the statutory or regulatory requirements are violated.
Drawdown, suspension, and claim timelines are not interchangeable
1. Provider identifies a reportable reduction
After a covered claim payment, judgment, or qualifying expected payment would reduce available security below $75,000, the provider follows the current notice rules.
2. Replenish within seven calendar days
FMCSA states that available security falling below $75,000 must be restored to the required level within seven calendar days to avoid the suspension path.
3. Respond to FMCSA within seven business days
A pending-suspension notice requires evidence that the notice was wrong, security was restored, or claims were resolved without using the security. Provider verification is required for specified responses.
4. Financial-failure cancellation opens a claim period
When FMCSA posts cancellation notice in the FMCSA Register, the provider must accept claims for 60 calendar days, extended when the last day falls on a weekend or federal holiday.
A Title 11 bankruptcy filing by itself does not constitute “financial failure or insolvency” under this rule’s definition. Claims and insolvency questions are fact-specific; use the official notices and qualified counsel rather than this summary alone.
A safer filing and verification workflow
1. Confirm the exact FMCSA role
A carrier, broker, and freight forwarder can coexist in one business but have separate authorities and filing requirements. Match the legal name and MC/FF record.
2. Compare providers without an implied endorsement
Review licensing or eligibility, total cost, underwriting or trust assets, collateral, cancellation, claims, and replacement terms.
3. Let the authorized provider file
The surety or eligible financial institution files the BMC-84 or BMC-85 evidence electronically for the exact entity.
4. Verify in current FMCSA systems
Use Motus to confirm the live security and operating-authority record. A PDF, invoice, or third-party badge alone is not proof that FMCSA accepted the filing.
5. Keep BOC-3 and other filings separate
Process-agent, cargo, liability, UCR, and MCS-150 obligations are not replaced by the broker financial-security form.
6. Monitor notices and cancellations
Act on provider and FMCSA notices immediately, preserve evidence, and recheck the public record after any replenishment or replacement filing.
Verify the whole authority record
A bond or trust filing is only one layer. Resolve the docket, confirm operating authority and process-agent status, and review current insurance records separately.
Freight broker bond questions
How much financial security does an FMCSA broker need?
A property or household-goods broker must maintain $75,000 of financial security through a BMC-84 surety bond or BMC-85 trust fund agreement. Property and household-goods freight forwarders are also listed with a $75,000 requirement in FMCSA’s current filing table.
Is a BMC-84 bond the same as paying $75,000?
No. BMC-84 is evidence of a $75,000 surety bond. The premium, underwriting, collateral, claim, and cancellation terms come from the surety provider and are not the same thing as the bond amount.
What assets can a BMC-85 trust use in 2026?
Under the rules effective January 16, 2026, acceptable trust assets are cash, irrevocable letters of credit issued by federally insured depository institutions, and U.S. Treasury bonds. They must be capable of liquidation to cash within seven calendar days.
What happens if available security falls below $75,000?
The current rule sets provider notice, replenishment, response, and suspension procedures. FMCSA states that failure to restore available security to $75,000 within seven calendar days can lead to suspension, and a pending-suspension notice requires a timely evidence-backed response.
Related carrier compliance resources
Connect the carrier identity, registration, authority, insurance, and supporting filings before relying on one record.
- Check who needs a USDOT numberSeparate federal registration triggers from State-only and operating-authority duties.
- Classify interstate or intrastate operationsTrace cargo, passengers, and movement before choosing a registration path.
- Inactivate or reactivate a USDOT numberChoose the correct FMCSA path for a USDOT lifecycle change.
- Check an MCS-150 due dateCalculate the standard biennial update month and year.
- Review UCR registrationCheck applicability, the current fee bracket, and the official portal.
- Understand BOC-3 filingReview process-agent coverage and federal verification steps.
- Understand BMC-91 and BMC-91X filingsConnect liability-insurance filings to authority and carrier identity.
- Look up FMCSA insuranceInspect insurance filings alongside authority and identity.
- Resolve an MC numberMatch an operating-authority docket to the correct carrier.