A power of attorney is an instrument where by one person, the principal, appoints another person as agent to perform certain acts on behalf of the principal.
Power of Attorney Requirements for a Surety Corporation
The clerk for the Northern District of Texas will accept a power of attorney appointing an agent for a surety corporation only from a surety corporation certified by the U.S. Treasury.
Pursuant to 31 U.S.C. § 9306(a)(2), an agent appointed to receive service of process on behalf of a surety corporation must be a resident of the judicial district, i.e. the agent must reside in the Northern District of Texas. Therefore, the power of attorney must list the agent’s residence, which must be within the Northern District of Texas. You may wish to refer to sample power of attorney language provided by the U.S. Treasury.
Pursuant to 31 CFR 224.3, the principal must deliver to the main office of the clerk a sufficient number of original, certified or authenticated copies of the power of attorney appointing an agent for service of process to enable the clerk to file a power of attorney at each place the court sits. For the Northern District of Texas, seven (7) powers of attorney are required.
To file the Power of Attorney
- Submit seven (7) original, certified or authenticated copies of the power of attorney to the Dallas Division of the United States District Court, 1100 Commerce Street, Room 1452, Dallas, TX 75242. The clerk's office will distribute a power of attorney to each of the other six divisional offices.
- Remit the required power of attorney filing fee.
Note: Pursuant to 31 U.S.C. 9306(c)(1), if a resident agent is removed, resigns, dies, or becomes disabled, the surety corporation shall appoint another agent. The appointment of an additional or a new agent requires that a new power of attorney is filed following the instructions noted above.