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Published byRichard Anthony Modified over 9 years ago
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INT401 SURETY BONDS SOUTH OF THE BORDER
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Presented by: Chad Rosenberg Principal Rosenberg & Parker Carlos Pliego Partner & Surety Vice President Intertec Karen Vogler, ARM Senior Risk Analyst Sun Microsystems, Inc.
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Rosenberg – U.S. Broker’s Perspective –U.S. Market Comparison –U.S. Companies with Mexican Surety Needs –Need for Local Presence Pliego – Mexican Broker’s Perspective –Laws, Rules & Regulations –Mexican Markets –Owner Directed Surety – Mexican Perspective Vogler – U.S. Risk Manager’s Perspective –Sun’s Bonding Requirements –Previous Surety Process –Current Surety Process Preview
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U.S. Broker’s Perspective Chad Rosenberg Principal Rosenberg & Parker
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Outline Overview U.S. Surety Market U.S. Companies with Mexican Bond Needs Types of Bonds Required U.S. Sureties Operating in Mexico Need for Local Presence
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A Bond is NOT Insurance 1.Three Parties Obligee Principal Surety 2.No Losses 3.Indemnity 4.Rate
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U.S. Surety Market $4 Billion Premiums 100% Obligations Owner Directed Surety Rates Typically 0.5% - 2.5% Premiums Paid to Broker Broker Compensation Fee or Commission Licensed at State Level
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U.S. Companies with Mexican Bond Needs Pharmaceutical Construction Manufacturing Technology Service
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Types of Bonds Needed Bid Performance Maintenance Penalties Tax Appeal Court Customs Lease Bond
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U.S. Sureties Operating in Mexico Surety Must Have License in Mexico Sureties Willing to Write Bonds in Mexico Through Fronting Companies –ACE –AIG –CNA –Travelers –Liberty Mutual Rates and Fronting Fees
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Need for Local Presence in Mexico Bond Forms Language Barrier Laws Customs & Practices Local Relationships Credibility Collateral Requirements
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Mexican Broker’s Perspective Carlos Pliego Partner & Surety Vice President Intertec
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Outline Laws, Rules & Regulations Mexican Markets –Number of Sureties –Industry Restructuring –Current Developments –Market Share –Annual Profits –Progress –Local Capacity Guarantees Types of Bonds Owner Directed Surety
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Laws, Rules & Regulations Ministry of Finances and Public Credit IRS (Regulation) Federal License: Individuals Corporations Federal Law of Bonding Institutions National Commission of Insurance & Surety (Supervision)
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Number of Mexican Sureties YearSureties% 200712*57 199521100 199116 198614 *Excludes Sureties specializing in Fidelity; another focused on Trusts.
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Industry Restructuring Half of the Sureties Exited Business Rules Changed: –Underwriting Regulations Reserves Rules “ω Factors” –36 Months Liabilities in Force vs. Claims Ratio Credit Bureau Consult Money Laundering Prevention
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Current Developments Mapfre Surety Afianzadora Insurgentes -- Former St. Paul Travelers’ Acquired Back by its Former Mexican Holders Electronic Bond
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Mexican Markets Market Share US $ Millions 2006 Source: Afianza
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Mexican Markets Annual Profit (in $US Millions) 2006 Source: Afianza
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Mexican Markets Annual Profit as a Percentage of Retained Premiums 2006 Source: Afianza 89% 86% 63% 40% 27% 16% 13%12%
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Progress Premium 11% ‘06 12% ‘07 Private Market Expansion Annual Profit 312% ’06 20% ‘07
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Mexican Local Aggregate Capacity Total Market: US $400 Million Premium Per Bond: US $69 Million Per Principal: US $300 Million
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Guarantees Indemnity Agreement –Rating Fronting Collateral –Cash Deposit –Stand By L/C –Up to 100%
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Mexican Markets Type of Bonds Premium in US $ Millions 2006
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Types of Bonds Construction & Commercial Premium is Paid to the Order of the Surety BondStandard Bonded Amount Market Annual Rate on Bond Amount Bid10-20% on offer0.30% Advance Payment100% on payment1.20% Performance10-20% on Contract1.20% Maintenance10-20% on Contract1.20% Penalties10-20% on Contract1.20% Tax Appeal100% on Tax2 to 4 %
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Owner Directed Surety Legally Nationwide for Private Industry Suppliers, Contractors & Subcontractors Single Bonds or Global Benefits –Rate –Bond Language –Claims Procedure –Bonds Termination
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Owner Directed Surety OWNER – INTERTEC Bonding Agreement Contractors & Suppliers Contact INTERTEC INTERTEC Integrates files, executes Bond. Monthly Report Releases or Claims Bond Cancellation / Claim Surety
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A U.S. Risk Manager's Perspective: Sun Microsystems' Mexican Bond Experience Karen Vogler, ARM Sr. Risk Analyst Sun Microsystems, Inc.
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Outline Worldwide Surety Bond Distribution for Sun Surety Requirements Mexican Surety Process Prior to 2006 Issues with Prior Surety Program Objectives Current Mexican Surety Program Results
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Surety Requirements - US vs. Mexico US Bonds: –Bid Bonds – 5% - 20% –Performance/Contract – 100% –Court/Appeals – 100% –Customs – 100% –Workers' Comp/Disability – 100% –Sales Tax Bonds – 100% –Permit Bonds – 100% Mexico Bonds: –Performance/Contract – 10%
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Mexico Surety Process Prior to 2006 Company’s Mexico Finance Manager Risk Management Department U.S. Surety Broker Surety’s Mexican Affiliate U.S. Surety Home Office Company’s Mexico Finance Manager
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Issues with Prior Surety Programs 1.Turnaround Time 2.Contract Translation 3.Time Zones 4.Points of Contact 5.Language and Cultural 6.Costs & Complexity
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Objectives Business Opportunities Cannot Be Lost Leverage Local Relationships and Expertise Minimize the Number of Touch Points on Each Bond Contain and Minimize Costs
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Current Mexico Surety Program Company’s Mexico Finance Manager Mexico Surety Broker Support by: U.S. Surety Broker & Risk Management Mexico Surety Company
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Results Business Transacted More Efficiently Local Relationships have been Forged Communication Path is Well-Defined Bonds are Procured in a Matter of Hours Costs have been Reduced
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Wrap Up 1.Dealing with a Mexican Broker has Simplified Process 2.Mexican Broker Understands Local Laws & Customs 3.Using a Mexican Broker Can Expedite Bond Process and Create Cost Savings
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Questions & Answers
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Karen Vogler Karen.Vogler@Sun.com Carlos Pliego cpliego@intertec.com.mx Chad Rosenberg crose@suretybond.com
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