Securities Investor Protection Corporation v. MF Global, Inc.

Filing 4

TRUSTEE BOND # CFB 7626493 in the amount of $ 50,000.00 posted by James W. Giddens, Trustee. (ml)

I USDC SDNY
I DOCUMENT

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FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Home Office: P.O. Box 1227, Baltimore MD 21203-1227
Bond No. CFB 7626493
United States District Court
Southern District of New York
*************************************
Bond of Trustee In Bankruptcy
Securities Investor Protection
Corporation,
Civil Action No. 11-civ-07750 (PAE)
Plaintiff-Applicant,

v.
MF Global Inc.,
Defendant.
*************************************
Know All Men By These Presents:
That we, James W. Giddens, c/o Hughes Hubbard & Reed LLP, One Battery Park Plaza, New York, N.Y.,
10004, Principal, and the Fidelity and Deposit Company of Maryland, a corporation of the State of
Maryland, duly authorized to transact business pursuant to the Act of Congress approved August 13, 1894,
Surety, are held and firmly bound unto the United States of America, in the sum of Fifty Thousand and
No/1 00 ($50,000.00) Dollars, lawful money of the United States, to be paid to the said United States; for
which payment well and truly to be made, we bind ourselves, and our heirs, executors, administrators,
successors and assigns, jointly and severally, by these presents.

Signed and sealed, this 181h day of November, 2011.
The Condition of this Obligation is Such, That, Whereas, the above named James W. Giddens was, on
the 31st day of October, 2011, appointed trustee in the case pending in bankruptcy, in said Court wherein
MF Global, Inc. the Debtor and the said James W. Giddens has accepted said trust with all the duties and
obligations pertaining thereunto.
Now, Therefore, if the said James W. Giddens as aforesaid, shall obey such orders as said Court may
make in relation to said trust, and shall faithfully and truly account for all the moneys, assets and effects of
the estate of the said Debtor which shall come into his hands and possession, and shall in all respects
faithfully perform all his official duties as said Trustee then this obligation to be void; otherwise to remain
in full force and virtue.

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ACKNOWLEDGMENT OF SURETY
STATEOFNEWYORK}
COUNTY OF _N_e_w_Y_o_r_k_ _ _ _ }
SS:
On the

18th day of

Novemh e r

in year 2011

before me personally came

Fayth Vasseur
to me known, who being by me duly sworn, did
depose and say that he/she resides at One Liberty Plaza- 165 Broadway, New York, N.Y., 10006
that he/she is the Attorney-in-Fact of Fidelity and Deposit Company of Maryland
, the
corporation described in and which executed the above instrument; that he/she knows the corporate seal of said
corporation, that the seal affixed to such instrument is such corporate seal: that it was so affixed by order of the
Board of Directors of said corporation, and, that he/she signed his/her name thereto by like order; and that said
corporation is duly authorized to transact business in the State ofNew York in pursuance ofthe statutes of such
case made and provided, that the Superintendent of insurance of the State of New York, has, pursuant to Chapter
28 of the Consolidated Laws of the State of new York, known as the Insurance Law, issued to
Fidelity and Deposit Company of Maryland

Notary Public

COLETTE M. BLAIKIE
Notary Public, State of New York
No.1 BL49fJ9857
Qualified in New York County
Certificate Filed in New York Counw
Commission Expires May 6, 20.J.;f.

INDIVIDUAL ACKNOWLEDGMENT

STATE OF NEW YORK
It
COUNTY OF N~ YtJ( ,__

2$~y

No ve.vJzc

On the
of
2.D/1 before me, the undersigned, a Notary Public in and
for said State, personally appeared James W. Giddens personally known to me or proved to me
on the basis of satisfactory evidence, to the individual whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her capacity, and that
by his/her signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.

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STATE OF NEW YORK
COUNTY OF

On the_ day of
,_ _ before me, the undersigned, a Notary Public in and
for said State, personally appeared personally known to me or proved to me on the basis of
satisfactory evidence, to the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.

Notary Public

Bond Number: _c_F_B_7_62_64_93 _ _ __
_

Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: 600 RED BROOK BOULEVARD, OWINGS MILLS, MD 21117
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by Frank E.
ident and Gerald F
Secretary, in
y granted by Article VI,
Section 2, of the B
hereof and are
full force and effect on
the date hereof, does
and lawful agent and
Attorney-in-Fact, to
und ertaking number
CFB7626493
as Principal in
up on said
ofticers of the
2, of the By-Laws of

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ATTEST:

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

Gerald F. Haley

State of Mary land
County of Baltimore

affixed the Corpo rate
A.D. 2011

}

Assistant Secretary

Frank E. Martin. Jr.

Vice President

ss:

On this 18th __ day of !:!ovember
, A.D. ~011
before the subscriber, a Notary Public of the State of Ma ryland, duly
commissioned and qualified, came Frank E. M artin, Jr., Vice President, and Gerald F. Ha ley, Assistant Sec retary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the s arne, and being by m e duly sworn, severally and each for him self de poseth and
saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said
Company, and that the said Corporate Seal and their signatures as such officers were duly aftixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and aftixed my Ofticial Seal the day and year first above written.

Constance A. Dunn
My Commission Expires:

Notary Public
July 14,2015

EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND

"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President or any Vice President that is specially
authorized by the Board of Directors or the C hairman in con currence with t he Corpora! e Secretary, shall have the power , by and with the
concurrence of the Secretary, to appoint Attorney-in-Fact as the business of the Company may require, or to authorize any person or persons to
execute on behalf ofth e Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, andre leases and
assignments of judgements, decrees, mortgages and instruments in the natur e of mortgages, and also all other instruments and documents which
affix the seal of the
thereto."
the business of the Company

I, the undersig ned,
Power of Attorney of
certify that the
Board of Directors to
COMPANY OF MAR

that the original
and I do further
uthorized by the
AND DEPOSIT

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy
of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually
affixed."
IN TESTIMONY WHEREOF, I h ave hereunto subscribed my name and affixed the Corporate Seal of the said Company, this 18th day of
November
2011

-=-=----

L.L. Goucher

Assistant Secretary

FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117

Statement of Financial Condition
As Of December 31,2010
ASSETS
Bonds ............................................................................................................................................... $
Stocks...............................................................................................................................................
Cash and Short Tetm Investments ........................ .. .........................................................................
Reinsurance Recoverable.................................................................................................................
Other Accounts Receivable..............................................................................................................
TOTAL ADMITTED ASSETS ........................................................................................................ $

167,717,443
23,571,636
250,663
478,827
44,516,527
236,535,096

LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses ...................................................................................................... $
Ceded Reinsurance Premiums Payable .......................................................................................... ..
Securities Lending Collateral Liability ........................................................................................... .

225,295
39,963,?82
3,077,700
TOTAL LIABILITIES .................................................................................................................... $ 43,266,777
Capital Stock, Paid Up........................................................................................ $
5,000,000
Surplus ................ .. ...................... ................................................... .....................
I 88,268,319
Surplus as regards Policyholders...................................................................................................... 193,268,319
TOTAL ........ :.............................................................................................................................. $ 236,535,096
Securities carried at $45,648,865 in the above statement are deposited as required by law.
Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of
December 31, 2010 market quotations for all bonds and stocks owned, the Company's total admitted assets would be
$245,239,534 and surplus as regards policyholders $201,972,757.
I, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby
certifY that the foregoing statement is a correct exhibit of e assets and liabilities of the said Company on the 31st
day of December, 2010.

State of Illinois
City of Schaumburg }

SS:

Subscribed rutd sworn to, before me, a Notary Public ofthe Stnte oflllinois, in the City of Schaumburg, this 31st day of March, 2011.

............

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OFFICIAl SEAt

DARRyt JOI

Notary Public
IVER
My Commission E. Stare or Illinois
xptrea May 3, 20t4

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Disclosure Statement

ZURICH"

NOTICE OF DISCLOSURE FOR AGENT & BROKER COMPENSATION

If you want to learn more about the compensation Zurich pays agents and brokers visit:
http://www.zurichnaproducercompensation.com
or call the following toll-free number: [phone].

This Notice is provided on behalf of Zurich American Insurance Company
and its underwriting subsidiaries.

U-GU-874-A CW (06/11)
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