Form Au-766 - Guarantee Bond - 2003 Page 2

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appearing on the bond must be the same shown in the
General Instructions
records of the Office of the Secretary of State, or similar
Form AU-766, Guarantee Bond , must be executed by a
agency of another state if the nonresident contractor
nonresident contractor and a surety company licensed to do
is not a Connecticut corporation.
business in Connecticut. A power of attorney for the person
Part II: Enter the name and complete address of the person
signing the bond on behalf of the surety company must be
doing business with the nonresident contractor. If the
attached to the bond, carry the corporate seal of the surety
nonresident contractor is the general contractor, enter
company, and bear the same date as the execution date of the
the name and address of the owner of the property. If
bond.
the nonresident contractor is a subcontractor, enter
A nonresident contractor has the option of filing a guarantee
the name and address of the general contractor.
bond with DRS instead of the customer making a deposit with
Enter the Connecticut tax registration number of the
DRS under Conn. Gen. Stat. §12-430(7)(b)(i). Under this option,
person doing business with the nonresident contractor.
the nonresident contractor has 120 days from the
If the person doing business with the nonresident
commencement of the contract to file a guarantee bond with
contractor does not have a Connecticut tax registration
DRS.
number, enter that person’s Federal Employer
If the deadline for the customer to withhold and remit a deposit
Identification Number or Social Security Number.
to DRS is before the deadline for the nonresident contractor to
Part III:Enter the name and complete address of the surety
post a bond, DRS will accept the earlier of the deposit or the
company that guarantees this bond. Include the bond
bond. See Special Notice 2003(20), Legislation Affecting
number.
Contracts With Nonresident Contractors , for more information.
Part IV:Check the box if the deposit is for a change order
A nonresident contractor is a contractor who does not maintain
occurring after the bond for the initial contract has been
a regular place of business in this state.
A regular place of
furnished to DRS.
business means any bona fide office, factory, warehouse or
other space in Connecticut at which a contractor is doing
Enter the name of the project and the complete
business in its own name in a regular and systematic manner,
address, including the street address and the city or
and which place is continuously maintained, occupied, and
town where the project is physically located.
used by the contractor in carrying on its business through its
employees regularly in attendance to carry on such contractor’s
Enter the commencement date of this project or change
business in the contractor’s own name. A regular place of
order. The commencement date is the date the
business does not include a place of business for a statutory
contract is signed or the date the nonresident contractor
agent for service of process or a temporary office whether or
begins work, but it is never later than the date the
not it is located at the site of construction. A regular place of
nonresident contractor begins work.
business also does not include locations used by the contractor
Enter the date by which the nonresident contractor is
only for the duration of the contract, such as short-term leased
expected to complete work on this project or change
offices, warehouses, storage facilities, or facilities that do not
order.
have full time staff with regular business hours. An office
maintained, occupied, and used by a person affiliated with a
Enter, in words and figures, the total amount to be
contractor is not a regular place of business of the contractor.
paid to the nonresident contractor under the contract.
Indicate if this amount is an estimate. If this is a bond
Any bond that bears an erasure or alteration, regardless of its
for a change order, enter the additional amount of the
nature, must have the change authenticated by a notation in
bond for the change order.
the margin. The notation should describe the correction and
be signed in the name of the surety company by the officer
Multiply the total contract price or the amount of the
who executed the bond and must bear the corporate seal of
change order by 5% (.05) and enter the result on this
the surety company.
line.
Declarations: An authorized representative for the nonresident
Specific Instructions
contractor and the surety company must sign and date the
Part I: Enter the name and complete address of the
declaration on Form AU-766. The name of the nonresident
nonresident contractor furnishing the bond. Include
contractor and the surety company must be exactly as it
the nonresident contractor’s Connecticut tax
appears on the bond. The corporate seal of the surety company
registration number. The name and address of the
must be affixed by its signature on Form AU-766.
nonresident contractor appearing on the bond must
Return Form AU-766 to:
agree with the name and address on Form REG-1,
Business Taxes Registration Application , filed with the
Department of Revenue Services
Department of Revenue Services (DRS). (If the
State of Connecticut
information originally provided on Form REG-1 is now
Discovery Unit
incorrect, you must notify the DRS Registration Unit
25 Sigourney Street
in writing of the correct information.) If the nonresident
Hartford CT 06106
contractor is a corporation, the corporate name
Form AU-766(Back) (New 09/03)

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