Section 336.240 - Requirement to maintain positive working capital or provide a bond, irrevocable letter of credit, or securitiesExcept as provided in KRS 336.236, each professional employer organization or collectively each professional employer organization group shall either:
(1) Maintain positive working capital as indicated by current assets minus current liabilities and defined by generally accepted accounting principles at registration as reflected in the financial statements submitted to the Department of Workers' Claims with the initial registration or with each annual renewal registration; or(2) Provide a bond, irrevocable letter of credit, or securities with a minimum market value equaling the deficiency plus one hundred thousand dollars ($100,000) to the Department of Workers' Claims if the professional employer organization or professional employer organization group does not have positive working capital. The bond shall be held by a depository designated by the Department of Workers' Claims, securing payment by the professional employer organization of all taxes, wages, benefits, or other entitlement due to or with respect to covered employees should the professional employer organization fail to make payments when due.Amended by 2023 Ky. Acts ch. 88,§ 3, eff. 6/28/2023.Added by 2022 Ky. Acts ch. 50,§ 6, eff. 7/13/2022.