The transportation law, MAP-21, gives freight brokers and forwarders options for the $75K financial security requirement, but specifics are not always clear. With the FMCSA deadline approaching in just a week, here is some information on an option for small- to mid-size carriers who also act as brokers.
Options for the New $75,000 Freight Broker Security Requirement
The transportation law, MAP-21, upped the financial security requirements for freight brokers and forwarders to $75,000. The law offers options for the new financial security requirement, but specifics are not always clear. With the FMCSA deadline approaching in just a week, here is some information on an option for small- to mid-size brokers and for carriers who also act as brokers.
What Options are Available?
The FMCSA requires freight brokers and forwarders to obtain a surety bond or trust fund agreement as financial security for licensing. Either choice guarantees payments to shippers or motor carriers should the broker fail to carry out their contract. Under MAP-21, this financial security requirement will increase from $10,000 to $75,000 on Oct. 1.
MAP-21 also allows for what is known as a group surety trust to meet the new $75K requirement. However, the FMCSA has indicated they will not be accepting group trusts at this time.
What is a Freight Broker Bond (BMC-84)?
Freight broker surety bonds are filed with the FMCSA on Form BMC-84 which serves as proof the broker or forwarder has met financial responsibility requirements. With a BMC-84 bond, the cost is a percentage of the bond amount, or premium, paid to the surety provider. The bond is a guarantee with reserves in place to pay for potential claims. Collateral may be required for freight broker bonds depending on the surety.
What is a Trust Fund Agreement (BMC-85)?
The BMC-85 trust fund option requires $75,000 full collateral deposited with a bank, trust company or other insured institution. The broker or forwarder’s money is held by the financial institution in escrow for the duration of their license.
Compare the BMC-84 Bond and the BMC-85 Trust Fund Agreement
There are two primary differences between the BMC-84 bond and the BMC-85 trust fund.
The first is cost. Surety bond premium is a percentage of the full amount of the bond paid annually. This frees up the business owner’s cash rather than having $75,000 tied up in a trust fund.
For the trust fund agreement, not only are these funds secured for the entire licensing period, there are also fees assessed to maintain the account.
However, if you have $75,000 you can tie up, the fee to hold the money in a trust fund is much cheaper than the surety bond premium. This makes the bond option advantageous to smaller/mid-size brokers who can't afford to post that amount of cash.
Another major difference between the freight broker bond and trust fund agreement is the handling of claims. Surety companies work with the bond agencies to resolve claims and avoid cancellation. With the frequency of false claims in the freight broker industry, the support of experienced claim specialists is critical to timely resolution.
Claims against trust fund agreements are usually settled quickly with cash from the fund and no preliminary investigation. If a claim is found to be false, payment may be returned, but this often takes additional time.
Find the Best Freight Broker Bond Program
For many brokers and forwarders, the BMC-84 bond is the only choice because of the difference in financial commitment required. It’s crucial to fully research options in bond programs, as terms and rates can vary widely. Some sureties will require personal and business financials with cash verification, years of experience and even collateral, while others will allow greater flexibility in the underwriting process.
There may also be hidden costs associated with obtaining the bond. For instance, if audited financials are required, CPA fees can run as high as the bond premium.
Look for an experienced surety agency who issues a large volume of freight broker bonds as they will have the best bond programs. Ask not only for their rates, but if there are other potential costs. Specialists in freight broker bonds will provide the best direction and help you wade through the complexities of freight broker bonding.
JW Surety Bonds is a surety bond agency offering instant online freight broker bond quotes.
Related Stories:
Small Brokers Sue to Stop $75,000 Bond Requirement
FMCSA Posts Guidance on New Broker, Freight Forwarder Requirements
More Fleet Management

How Fleets Can Avoid Equipment Blind Spots in Disaster Response
When the unexpected happens, how you react to, and deal with operational blind spots is critical. Here’s how to keep you recovery on track, when nothing is normal.
Read More →
AI Security Risks for Trucking Fleets: What to Know About Deepfakes and Agentic AI
As fleets adopt artificial intelligence for routing, maintenance, and load matching, new security risks are emerging. Learn where the vulnerabilities are and how to put the right controls in place.
Read More →
FMCSA’s Motus System Is Coming. What Fleets Need to Know Now
The long-awaited registration system promises a single portal — and tighter fraud controls.
Read More →
Cargo Theft Incidents Fall in Q1, but Organized Crime and Impersonation Drive New Risks
CargoNet reports fewer supply chain crime events to start 2026. But losses hold steady as organized crime shifts tactics toward impersonation schemes and high-value goods.
Read More →
Nominations Open for HDT Truck Fleet Innovators 2026
Heavy Duty Trucking is searching for forward-looking leaders at trucking fleets as nominations for HDT’s Truck Fleet Innovators 2026. Deadline is May 15.
Read More →
New Trojan Driver Cargo Theft Scam Bypasses Carrier Vetting Systems
Cargo theft rings plant operatives as drivers inside legitimate, fully vetted carriers, then execute coordinated thefts that look like a traditional straight theft from the outside.
Read More →
March Truck Tonnage Posts Strongest Annual Gain Since 2022
A modest sequential increase capped the strongest quarterly performance in years, signaling continued freight momentum in early 2026.
Read More →
Ohio Turnpike Targets $5.2 Million in Unpaid Tolls from Trucking Firms
More than 300 carriers across 26 states have been sent to collections as the Ohio Turnpike cracks down on toll evasion and delinquent payments.
Read More →
'Beyond Compliance,' Regulations, Driver Coaching on ATRI’s 2026 Research List
The American Transportation Research Institute will examine driver coaching, regulatory impacts — including the "Beyond Compliance" concept —and weather disruptions that shape trucking operations.
Read More →
Fleet Advantage's Brian Antonellis on the Growing Need to Replace Old Trucks
Fleet Advantage's Brian Antonellis says it's time for fleets to get back to the fundamentals of good maintenance practices. And that includes replacing older, inefficient equipment.
Read More →
