NASBP Short Article on Elimination of ALL Resident Agent Countersignature Laws

Resident agent countersignature laws have been repealed by state legislatures or held as unconstitutional by courts in every state in and jurisdiction of the United States (with the exception of Guam, where it has not been challenged). Unfortunately, officials in many states and local jurisdictions are unaware of the elimination of such requirements and continue to mandate resident agent countersignature requirements for bid, performance, and payment bonds for construction projects in their jurisdictions. I am aware of this, as every year NASBP receives requests from members to write various state and local officials to inform them that the resident agent countersignature requirement in their bonds does not comply with the law. I sometimes receive a response from the officials, thanking me for informing them of the correct state of the law and stating that they will modify their procedures

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While I am very pleased to write such comment letters when requested to do so by NASBP members, I thought it might be useful for the NASBP membership to have a short, generic white paper on the elimination of the resident agent countersignature requirement to use in situations when they need something really quickly. Therefore, I have drafted a mini-white paper on the topic for the membership to access when time is of the essence. It could also be used as a hand-out during particular presentations and during meetings with officials.

Access the NASBP white paper on the elimination of all resident agent countersignature laws from nasbp.org.