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Kentucky bonds

Kentucky — Buying Club Bond

Kentucky requires covered clubs with a membership fee over $35 to maintain a $50,000 bond. File a copy with the Attorney General before making a membership contract. Check the buying-club definition and any applicable exemption before using the fee threshold as your only test.

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Recorded state
Kentucky
Bond type
Buying Club / Health-Dating Club Bond
Category
Consumer services & protection

What this bond does

Secure covered members' prepayments against the business and contract failures specified in KRS 367.403.

Who needs it
Buying clubs offering members discount purchasing services in Kentucky and subject to the club-security requirement. Review the statutory definition, membership arrangements and any Attorney General exemption decision.
Who it protects
The bond runs in favor of the Attorney General of the Commonwealth of Kentucky for members who lose prepayments because of the club's insolvency, cessation of business or failure to perform under a contract. A claimant may bring an action against the club and surety. The surety's aggregate liability for all breaches cannot exceed the bond amount.

Your bond option

This is the option on record for this bond.

The bond amount describes the limit of the bond obligation, not the price. A listed amount does not establish what the requesting party requires. The premium is what you pay and must be confirmed for the actual option. An E&O limit, where listed, is separate errors and omissions insurance.

Details for covered memberships and advance payments

KRS 367.395 defines a buying club by the discount purchasing benefits it provides for consideration, with an exclusion for specified incidental discount services. The broader statutory club definition also includes vacation clubs. This buying-club option should be matched to the actual business and accepted undertaking rather than used for every prepaid health or dating membership.

KRS 367.403 applies when the membership fee exceeds $35. It requires a $50,000 bond from a surety admitted to do business in Kentucky, with a copy filed before the club makes a membership contract. Its protection concerns lost prepayments from the listed business or contract failures. Failure to maintain the required bond makes the club's principals personally liable for members' claims under that section.

A qualifying not-for-profit cooperative may apply to the Attorney General for exemption under KRS 367.407. The conditions address operation for members' benefit, not-for-profit services, allocation or retention of savings, and one-member-one-vote control. Check both the initial definition and the claimed exemption; a nonprofit label alone is not the exemption application described there.

The member's cancellation right is separate from bond termination. Under KRS 367.397, written notice may be given before midnight of the third business day following signature of a contract containing the required cancellation notice. The statute calls for the entitled refund within ten days after notice and preserves payment for vacation or merchandise already used. Follow the actual bond's continuation terms without importing this consumer cancellation window.

Sources

Have these ready

  1. Identify the legal club and the discount purchasing service offered to members.
  2. Bring membership terms, fees and advance-payment arrangements for the statutory coverage check.
  3. Provide any claimed exemption application and Attorney General decision.
  4. Match the Attorney General beneficiary, $50,000 sum and admitted surety to the accepted undertaking.
  5. Arrange filing before making membership contracts and maintain the required security.

Questions about this bond

Is the $35 threshold inclusive?

KRS 367.403 says a membership fee in excess of $35. That threshold must be read with the club definition and any applicable exemption; it is not a universal test for every business that accepts an advance payment.

Does each member have a separate $50,000 limit?

No. KRS 367.403 caps the surety's aggregate liability to all persons for all breaches at the bond amount. Its specified protection is for members' lost prepayments, with an action against the club and surety.

What follows Purchase Now?

Propeller's Kentucky buying-club application opens in a new tab. Match the legal club, Attorney General beneficiary, required sum, accepted condition, dates and execution. File the completed bond copy before making membership contracts; provider payment does not complete that filing or the club's consumer-contract duties.

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