2013 US Code
Title 7 - Agriculture
Chapter 10 - WAREHOUSES (§§ 241 - 256)
Section 245 - Bonding and other financial assurance requirements
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 7 - AGRICULTURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 7 - AGRICULTURE CHAPTER 10 - WAREHOUSES Sec. 245 - Bonding and other financial assurance requirements |
Contains | section 245 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Aug. 11, 1916, ch. 313, pt. C, §6, as added Pub. L. 106-472, title II, §201, Nov. 9, 2000, 114 Stat. 2064. |
Statutes at Large References | 39 Stat. 486 42 Stat. 1282 114 Stat. 2064 |
Public Law References | Public Law 106-472 |
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As a condition of receiving a license or approval under this chapter (including regulations promulgated under this chapter), the person applying for the license or approval shall execute and file with the Secretary a bond, or provide such other financial assurance as the Secretary determines appropriate, to secure the person's performance of the activities so licensed or approved.
(b) Service of processTo qualify as a suitable bond or other financial assurance under subsection (a) of this section, the surety, sureties, or financial institution shall be subject to service of process in suits on the bond or other financial assurance in the State, district, or territory in which the warehouse is located.
(c) Additional assurancesIf the Secretary determines that a previously approved bond or other financial assurance is insufficient, the Secretary may suspend or revoke the license or approval covered by the bond or other financial assurance if the person that filed the bond or other financial assurance does not provide such additional bond or other financial assurance as the Secretary determines appropriate.
(d) Third party actionsAny person injured by the breach of any obligation arising under this chapter for which a bond or other financial assurance has been obtained as required by this section may sue with respect to the bond or other financial assurance in a district court of the United States to recover the damages that the person sustained as a result of the breach.
(Aug. 11, 1916, ch. 313, pt. C, §6, as added Pub. L. 106–472, title II, §201, Nov. 9, 2000, 114 Stat. 2064.)
PRIOR PROVISIONSA prior section 245, acts Aug. 11, 1916, ch. 313, pt. C, §5, 39 Stat. 486; Feb. 23, 1923, ch. 106, 42 Stat. 1282, related to term and renewal of license, prior to the general amendment of this chapter by Pub. L. 106–472.
A prior section 6 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 247 of this title, prior to the general amendment of this chapter by Pub. L. 106–472.
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