The consent of surety on Form FAA 4400-42 is the Federal Aviation Administration (FAA) form in which a surety, or co-sureties, agrees to a contract modification and confirms that its bond or bonds still apply to the contract as modified. The principal, which may be an individual or a corporation, and each surety sign and date their own blocks. On FillingPDF you can fill out the form online and download or print the completed PDF; the form and its edition information are published by the FAA at faa.gov.
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What is FAA 4400-42?
Consent of Surety (FAA 4400-42) is the Federal Aviation Administration form on which a surety, or co-sureties, consents to a contract modification and agrees that its bond or bonds shall apply and extend to the contract as modified or amended.
The form is a single page. At the top it identifies the contract: 1. Contract Number, 2. Modification Number and 3. Dated. Below that it carries signature blocks for the principal and the surety:
- Block 4, Individual Principal, or Block 5, Corporate Principal: name of principal, business address, signature of the person executing the consent, typed name, typed title, date the consent was executed, and a place to affix a seal.
- Block 6, Corporate/Individual Surety (Co-Sureties): the same entries for Surety A, with matching blocks for Surety B and Surety C. The form says to add similar signature blocks on the back if more co-sureties are needed.
The consent is executed together with the modification to which it pertains. The FAA lists the form as active, with an edition date of January 1, 2023, and the Acquisition Policy Division (AAP-100) as the office of primary responsibility. The form carries OMB Control No. 2120-0595. It is a consent to a modification of an existing contract, not a bond and not the modification itself.
Who needs to file FAA 4400-42?
The form is completed by the parties to a surety bond whose underlying FAA contract is being modified or amended.
- Principal. An individual principal signs in Block 4. A corporate principal signs in Block 5. The principal or its authorized representative executes the consent with the modification.
- Surety or co-sureties. Each corporate or individual surety signs its own block in Block 6 (A, B, C). Add similar signature blocks on the back of the form for further co-sureties.
- Representatives. If the person who signs is an attorney-in-fact or other representative who is not a member of the partnership or joint venture, or an officer of the corporation involved, a Power-of-Attorney or a Certificate of Corporate Principal must accompany the consent.
The form gives no other eligibility rules. Questions about it can go to the FAA Acquisition Policy Division (AAP-100), whose contact email is listed on the FAA's information page for the form.
When to file FAA 4400-42
The consent of surety is executed at the time of the contract modification it relates to: the form says the principal or authorized representative shall execute it with the modification to which it pertains. It is therefore completed whenever a contract carrying a bond is modified or amended, and it refers to that modification by its contract number, modification number and date in Blocks 1 to 3. The form prints no separate due date and no validity period. Each signer enters the date the consent was executed in the box labeled f. Date This Consent Executed.
Documents you need
- The contract modification to which the consent pertains: the form is executed with it, and Blocks 1 to 3 refer to its contract number, modification number and date.
- A Power-of-Attorney, only if the person signing for the principal or surety is a representative (for example an attorney-in-fact) who is not a member of the partnership or joint venture or an officer of the corporation involved.
- A Certificate of Corporate Principal, as an alternative to the Power-of-Attorney in the same situation, when a representative who is not a corporate officer signs for a corporate principal.
- Additional signature blocks on the back of the form, only if there are more co-sureties than Sureties A, B and C.
How to fill out FAA 4400-42
Identify the contract and modification
In Block 1 enter the contract number, in Block 2 the modification number, and in Block 3 the date of the modification. These tie the consent to the modification it pertains to.
Pick the principal block
Use Block 4 if the principal is an individual and Block 5 if the principal is a corporation. Complete only the block that applies.
Enter the principal's name and address
In box a enter the name of the principal. In box b enter the business address: street address, city, state and ZIP code.
Sign and date for the principal
In box c the person executing the consent signs, in box d the typed name, in box e the typed title and in box f the date the consent was executed. Affix the seal where the form says (Affix Seal).
Complete the Surety A block
In Block 6, enter the corporate or individual surety's name in box a and its business address in box b. The person executing the consent signs in box c and enters typed name, typed title and date in boxes d, e and f, with a seal.
Add Sureties B and C if needed
Repeat the same entries in the blocks for Surety B and Surety C when there are co-sureties. For further co-sureties, add similar signature blocks on the back of the form.
Attach authority documents if required
If a signer is a representative, such as an attorney-in-fact, who is not a partner, joint venturer or corporate officer, attach a Power-of-Attorney or a Certificate of Corporate Principal.
Review, sign and download the PDF
Check the contract and modification numbers, every typed name, title and date, and each seal. Download or print the completed PDF from FillingPDF, collect the signatures and keep it with the modification.
How to submit FAA 4400-42
The form names no mailing address, portal or office for returning it. It is executed with the contract modification it pertains to, so it travels with that modification through whatever channel the modification itself uses.
- With the modification. Complete the consent, have the principal and each surety sign and date their blocks, and keep it together with the modification to which it pertains.
- Representatives. If a representative who is not a partner, joint venturer or corporate officer signs, include the Power-of-Attorney or the Certificate of Corporate Principal with the consent.
- Questions about the form. The FAA lists the Acquisition Policy Division (AAP-100) as the responsible office, with the contact email [email protected].
- Comments only. The address printed on the form, Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524, is for comments on the burden estimate. It is not a place to send the completed consent.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Executing the consent separately from the modification; the form says it is executed with the modification to which it pertains.
- Having an attorney-in-fact or other representative sign without attaching a Power-of-Attorney or Certificate of Corporate Principal, when the signer is not a partner, joint venturer or corporate officer.
- Completing both Block 4 and Block 5 for the principal instead of the one that matches an individual or a corporate principal.
- Leaving out the date in box f, Date This Consent Executed, for the principal or for any surety.
- Omitting the typed name or typed title beside a signature in boxes d and e.
- Listing more than three co-sureties without adding similar signature blocks on the back of the form.
- Mailing the completed consent to the Fort Worth address printed in the Paperwork Reduction Act statement, which is only for comments on the burden estimate.
- Skipping the contract number, modification number or date in Blocks 1 to 3, so the consent cannot be tied to its modification.
Frequently asked questions
What is a consent of surety?
A consent of surety is a statement by a surety that it agrees to a contract modification and that its bond or bonds extend to the contract as modified or amended. On FAA Form 4400-42 the principal and the surety or co-sureties each sign their own block.
Who signs FAA Form 4400-42?
The principal, an individual in Block 4 or a corporation in Block 5, and each corporate or individual surety in Block 6 sign. The principal or an authorized representative executes the consent with the modification. Each signer also gives a typed name and title.
Do I need a power of attorney with the consent of surety?
Only if the person who signs is a representative, such as an attorney-in-fact, who is not a member of the partnership or joint venture, or an officer of the corporation involved. In that case a Power-of-Attorney or a Certificate of Corporate Principal must accompany the consent.
When is the consent of surety completed?
It is executed with the contract modification it pertains to, so it is completed when a bonded contract is modified or amended. The form has no due date of its own; each signer enters the execution date in box f.
What if there are more than three co-sureties?
The form has blocks for Surety A, B and C. If you have additional co-sureties, add similar signature blocks on the back of the form, as the form directs.
Can I fill out the consent of surety form online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file or send the form; it is executed and handled with the contract modification.
Where do I send FAA Form 4400-42?
The form lists no address for returning it, because it is executed with the modification it pertains to. The Fort Worth address on the form is only for comments on the paperwork burden. Questions can go to AAP-100 at [email protected].
What edition of FAA 4400-42 is current?
The form is marked FAA 4400-42 (01/23), and the FAA lists it as active with an edition date of January 1, 2023. It carries OMB Control No. 2120-0595.
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