A lost instrument bond allows a bank, corporation, transfer agent, or other issuer to replace a missing financial document while protecting itself if the original is presented later.
The person requesting the replacement purchases the bond. If the original document later causes a covered financial loss, the protected party may make a claim against the bond. The applicant may then be responsible for reimbursing the surety for a valid paid claim.
Contact the Issuer Before Applying For a Bond
Do not purchase a bond based only on the face value of the missing document. Start with the issuing bank or organization responsible for issuing the replacement.
Ask that organization for:
- Its replacement-document packet (sometimes referred to as a Declaration of Loss Statement)
- The required lost instrument bond form
- The exact bond amount
- The correct obligee name
- Any required bond term or effective date
- Affidavit, notarization, or supporting-document requirements
For a missing stock certificate, contact the company’s transfer agent and request a stop transfer. This helps prevent the missing certificate from being transferred while the replacement request is being processed.
Who is Involved in a Lost Instrument Bond?
A lost instrument bond normally involves three parties:
| Party | Role |
|---|---|
| Principal | The person or business requesting the replacement document |
| Obligee | The issuer, transfer agent, bank, or organization requiring the bond (JPMorgan Chase, Bank of America, Wells Fargo, Citibank, and U.S. Bank) |
| Surety | The company backing the bond and responding to valid claims |
The bond primarily protects the obligee. It is not insurance that removes the applicant’s responsibility for the missing instrument.
Which Documents May Require a Lost Instrument Bond?
The issuer decides whether a bond is required. Common examples include:
| Missing Instrument | Start by Contacting |
|---|---|
| Stock certificate | The corporation’s transfer agent |
| Corporate or municipal bond certificate | The issuer, trustee, or transfer agent |
| Promissory note | The lender, holder, or organization responsible for replacement |
| Certificate of deposit | The issuing financial institution |
| Cashier’s or certified check | The issuing bank |
| Other valuable financial certificate | The organization that issued or maintains the instrument |
Not every missing document requires a commercial lost instrument bond. For example, U.S. savings bonds have a separate Treasury replacement process. Follow the issuing organization’s instructions before applying.
A missing vehicle title also follows a different process. Vehicle ownership issues are handled through the applicable state motor vehicle agency and may require a lost title bond instead.
What Does the Bond Protect Against?
The risk appears when a replacement and the missing original could both be treated as valid.
For example, suppose a transfer agent issues a replacement stock certificate. The original certificate later reaches a protected purchaser who presents it for transfer. The issuer or transfer agent could suffer a financial loss because it issued the replacement.
The lost instrument bond provides financial protection for this risk, subject to the bond’s terms and amount.
Information Commonly Needed for the Application
Prepare the information supplied by the issuer along with details about the missing instrument:
- Your legal name and address
- The name of the issuing organization
- Type of instrument
- Certificate, account, serial, or identification number, if available
- Issue date or maturity date, when applicable
- Face value or current market value
- Number of shares and ticker symbol for a stock certificate
- Date and circumstances of the loss
- Steps taken to locate the document
- The issuer’s bond form and required amount
- An affidavit of loss or police report, if requested
The surety may request additional information depending on the bond amount, instrument, and required bond language.
How to Apply for a Lost Instrument Bond
- Report the Missing Instrument. Notify the bank, transfer agent, or issuing organization. For securities, request a stop transfer as soon as you discover the loss.
- Request the Replacement Requirements. Obtain the issuer’s bond form, exact amount, and instructions. This prevents you from purchasing a bond that the issuer cannot accept.
- Complete the Affidavit and Supporting Documents. Explain when and how the instrument disappeared. Include identifying information and evidence that you are entitled to request the replacement.
- Submit the Bond Application. Provide the bond requirement and information about the missing instrument. Bonds Express currently has surety markets available only when the instrument has been missing for at least 30 days.
- Purchase and Sign the Bond. After receiving an acceptable quote, pay the premium and sign the bond as instructed.
- Submit the Bond to the Obligee. Send the signed bond and replacement documents to the bank, transfer agent, or issuer. The issuing organization, not the surety company, makes the final decision about replacing the instrument.
How Are the Bond Amount and Premium Determined?
The bond amount is the maximum financial obligation stated on the bond. The premium is the amount you pay to purchase that bond and is a percentage of the full bond amount (usually anywhere between 1-3%).
The obligee determines the required bond amount and form. It may use the instrument’s face value, current market value, or another calculation. Securities with changing market values can require different treatment from instruments with a fixed face value.
Because requirements vary, obtain the exact amount before requesting a quote. Do not assume that a standard multiplier applies to every instrument.
What Should You Do If the Original is Found?
Do not sell, transfer, deposit, or cash the original after requesting a replacement.
Contact the obligee that required the bond. They may instruct you to return the original for cancellation. If a stop transfer was placed and no replacement has been issued, contact the transfer agent before taking any further action.