The Act defines “guarantee company” and lets specified authorities accept its security in place of other required security, subject to approval and a 2% cap on certain expenses.
The Official Securities Act, C.C.S.M. c. O20 bilingual version (HTML) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definition of "guarantee company" 1(1) In this Act "guarantee company" means a corporation empowered to enter into guarantees, bonds, policies, or contracts, for the integrity and fidelity of employed persons, or in respect of any legal proceedings, or for other like purposes, that (a) is duly licensed to carry on the business of guarantee insurance in the province under The Insurance Act ; or (b) if not so licensed, is approved by the Lieutenant Governor in Council. LG in C may approve guarantee company 1(2) The Lieutenant Governor in Council may approve a guarantee company under clause (1)⁠(b) for the purposes of this Act. Notice of approval 1(3) Notice of every order in council approving a guarantee company under clause (1)⁠(b) shall, immediately after the making thereof, be published in The Manitoba Gazette . Bonds of guarantee companies may be received or given as security 2 Where security with sureties is required to be received or given (a) by any law, rule, order, or practice of any court, either for security for costs of an appeal or the prosecution of an appeal or for any other purpose whatsoever; or (b) by any Act, rule, regulation, or other law in force in the province; the bond, guarantee, policy, or contract, of a guarantee company as sole surety may, subject to its approval as to form and amount by the court, judge, officer or person receiving it, be received and given in lieu of the security so required to be received or given; and the guarantee company is not bound or required to justify. Expenses of bonds may be allowed 3 Any person required to give such security may include, as part of the lawful expense of executing their trust, such reasonable amount paid to a guarantee company for becoming the person's surety as may be allowed by the court in which the person is required to account, not exceeding however 2% on the amount of the bond, guarantee, policy, or contract.