CHAPTER II-OFFICE OF THE COMMISSIONER Part OF ACCOUNTS AND DEPOSITS DEPARTMENT OF THE TREASURY 200 Acceptance of certified checks in payment of all public dues including special customs deposits 201 Indorsement and payment of Treasury and Post Office Department warrants, interest checks, and checks of disbursing officers Part 224 Federal process agents of surety companies 225 Acceptance of bonds, notes, or other obligations issued or guaranteed by the United States as security in lieu of surety or sureties on penal bonds Surety companies acceptable on Federal bonds Notice of transfer of administrative supervision over bonding companies to the Secretary of the Treasury, etc. Offers of compromise under section 194, title 31, United States Code Payments on account of awards of the Mixed Claims Commission, United States and Germany Payments on account of awards against Austria entered by the Tripartite Claims Commission (United States, Austria, and HunPayments on account of awards of gary) the War Claims Arbiter in respect of ships Payments on account of awards of the War Claims Arbiter in respect of patents and radio station Payments on account of awards against Hungary entered by the Tripartite Claims Commission (United States, Austria, and Hungary) Payments to Hungarian nationals on account of awards of the War Claims Arbiter in respect of patents Shipment of valuables pursuant to the Government Losses in Shipment Act Claims for replacement of valuables, or the value thereof, shipped pursuant to the Government Losses in Shipment Act EDITORIAL NOTE: For list of abbreviations used in this chapter, see note to $ 200.1. Page 1 PART 200-ACCEPTANCE OF CERTIFIED CHECKS IN PAYMENT OF ALL PUBLIC DUES INCLUDING SPECIAL CUSTOMS DEPOSITS Section 200.1 Collectors of public moneys; certified checks; when payment complete; priority of Government. It is hereby directed that in accordance with the provisions of the Act of March 2, 1911 (36 Stat. 965; 19 U.S.C. 198), as amended by the Act of March 3, 1913 (37 Stat. 733; 19 U.S.C. 198), which provides that certified checks shall be received under such regulations as the Secretary of the Treasury prescribes, the acceptance of certified checks shall be subject to the provisions contained in the Act of March 2, 1911, which provides that: No person, however, who may be indebted to the United States on account of duties on imports or internal taxes who shall have tendered a certified check or checks as provisional payment for such duties or taxes, in accordance with the terms of this Act, shall be released from the obligation to make ultimate payment thereof until such certified check so received has been duly paid; and if any such check so received is not duly paid by the bank on which it is drawn and so certifying, the United States shall, in addition to its right to exact payment from the party originally indebted therefor, have a lien for the amount of such check upon all the assets of such bank; and such amount shall be paid out of its assets in preference to any or all other claims whatsoever against said bank, except the necessary costs and expenses of administration and the reimbursement of the United States for the amount expended in the redemption of the circulating notes of such bank. Receivers and collectors of public moneys will, therefore, until further advised, accept in payment for all public dues of whatever description, certified checks when drawn in favor of the receiver, or collector, on national and State banks and trust companies located in the same city as the depositary with which the deposits are to be made, and such "out of town" certified checks as can be cashed by them without cost to the Government.1 (36 Stat. 965, 37 Stat. 733; 19 U.S.C. 198) [Dept. Circ. 11, Mar. 27, 1913] ABBREVIATIONS: The following abbreviations are used in this chapter: Comp. Gen. Dept. Circ. Official opinions of the Comptrollers General of the United Treasury Department circular, Secretary of the Treasury. Official opinions of the Attorneys General of the United States. PART 201—INDORSEMENT AND PAYMENT OF TREASURY AND POST OFFICE DEPARTMENT WARRANTS, INTEREST CHECKS, AND CHECKS OF DISBURSING OFFICERS 201.0 Payment of indorsed warrants and 201.4 Officials, companies, partnership checks. 201.1 The indorsement. 201.2 Indorsement by mark (X). 201.3 Executors, administrators, trus tees, etc. names and titles. 201.5 Corporations, associations, etc. 201.6 Married women. 201.7 Power of attorney. 1In Dept. Circ. 11, the two statutory provisons referred to in the first paragraph above are set out in full. Page 2 CROSS REFERENCE Regulations of the General Accounting Office relating to checks and warrants to deceased or incompetent payees: See Accounts, 4 CFR Part 6. Section 201.0 Payment of indorsed warrants and checks. Treasury and Post Office warrants, interest checks, and checks of disbursing officers will not be paid unless the indorsements thereon conform to the regulations in this part.* [Introduction, Dept. Circ. 21, Oct. 28, 1913] *88 201.0 to 201.7, inclusive, issued under the authority contained in R.S. 161; 5 U.S.C. 22. 201.1 The indorsement. The indorsement must be written in ink or indelible pencil, and must correspond in spelling with the name of the payee on the face of the warrant or check, or it will be returned for correction.*t *In §§ 201.1 to 201.7, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Department Circular 21, issued by the Treasurer of the United States and approved by the Comptroller of the Currency and the Secretary of the Treasury, Oct. 28, 1913. 201.2 Indorsement by mark (X). Indorsements by mark (X) must be witnessed by two persons, signing their names as witnesses and giving their post-office addresses.*+ 201.3 Executors, administrators, trustees, etc. Indorsements by executors, administrators, and guardians must be accompanied with a certificate, under seal of the Probate Court, certifying that such person is the legally appointed, qualified, and acting executor, administrator, or guardian. Indorsements by other fiduciaries, such as trustees, receivers, etc., must be accompanied by a certificate, under the seal of the court appointing such trustee or receiver, certifying that such person is the duly appointed, qualified, and acting trustee or receiver.*+ 201.4 Officials, companies, partnership names and titles. Officials must indorse with title of their office; firms, with the usual firm signature. An indorsement by an individual or copartnership, doing business under a company or firm title, by a joint stock company or corporation, when made in the due course of business, is sufficient, if such indorsement is guaranteed by a responsible bank. Indorsement by the president, vice president, cashier, or assistant cashier of a bank, as shown by the Comptroller of Currency's bank register, is sufficient. If the indorsement is not guaranteed by a responsible bank, the individual or copartnership doing business under a company or firm title must file an affidavit showing the fact of ownership and naming the persons and members authorized to indorse, receive, and receipt for moneys due the individual or copartnership. If a company is doing business under an individual name, the affidavit of one or more of the partners, giving the names of the members and stating the names of the general partners authorized to indorse warrants or checks, must be filed. If a member of a firm dies, and the articles of partnership do not expressly authorize a continuance of the business in the firm name, the affidavit of a surviving partner, setting forth the names of the *For statutory citation, see note to § 201.0. †For source citation, see note to § 201.1. Page 3 [545] members who composed the firm, the fact of the death of one or more members, and the name or names of the surviving partner or partners is required, and the indorsement should be by the surviving partner or partners as surviving partner or partners of the firm naming it as written, unless the affairs of the partnership be in the hands of some person for settlement designated for that purpose by a competent court, in which case the indorsement must be by the fiduciary accompanied by certificate of authority. If all the members of the firm are dead, proof of the facts and evidence as to who is legally entitled to receive and indorse the warrant or check is required.** 201.5 Corporations, associations, etc. All associations, whether incorporated or not, except as provided in § 201.4, must file with the proper auditor, or accompany warrants or checks drawn or indorsed to the order of such associations with an extract from their by-laws or records, under the seal of said association, if it has a seal, and signed by the president and secretary, or by either, and not less than two of the directors, showing the name and the authority of the officer to indorse, receive, and receipt for moneys for the company, and further stating that such authority shall be binding until notice of revocation has been filed with the proper auditor. It must show whether such authority was given at a regular or special meeting of the board of directors, and if at a special meeting, it must further show that the directors had notice of the time and place of the meeting, and that a quorum was present and assented to the passage of the resolution.** 201.6 Married women. Warrants or checks issued in the name of a woman, who marries after acquiring claim, should be indorsed in the former name as it appears on the face of the warrant or check, and also in the married name.** 201.7 Power of attorney. Powers of attorney for the indorsement of warrants or checks in payment of claims, under section 3477 of the Revised Statutes of the United States (31 U.S.C. 203), must describe the warrant or check, stating the number, date, amount, name of payee, and kind of warrant issued. It must be signed by the maker in the presence of at least two attesting witnesses, and be acknowledged by him before a notary public or any officer having authority to take acknowledgments; if not a notary, the authority must be shown by the certificate of the clerk of a court of record, certifying under the seal of the court that such officer is authorized to take acknowledgments. It must appear by the certificate of acknowledgment that the officer at the time of acknowledgment read and fully explained the power of attorney to the person acknowledging the same. A general power of attorney is sufficient in case of disbursing officers' checks. If executed in a foreign country, the acknowledgment must be before a notary public or before a consul or minister of the United States.*+ Page 4 *For statutory citation, see note to § 201.0. PART 202-DEPOSIT OF PUBLIC MONEYS AND PAYMENT OF GOVERNMENT CHECKS AND WARRANTS 2 202.16 Collectors of internal revenue; 202.34 Government checks and war uncollected and lost checks. 202.17 Collectors of customs; deposit of 202.19 Collectors of customs; uncol- rants; payment by Treasurer. 202.35 Previous inconsistent regulations and instructions superseded. Certain deposits not affected by this part. 202.36 202.37 This part not applicable to deposit of public moneys outside of the continental United States. 202.38 Right to amend. CROSS REFERENCE Regulations of the General Accounting Office relating to checks and warrants to deceased or incompetent payees: See Accounts, 4 CFR Part 6. Section 202.0 Introductory. The regulations in this part apply to the Treasurer of the United States, Federal Reserve banks and branches, member bank depositaries, special depositaries of public moneys, collectors of internal revenue, collectors of customs, receivers of public moneys, marshals and clerks of courts, all other officers or agents of the United States engaged in collecting, depositing, or 'All forms mentioned in this part may be obtained from the Office of the Commissioner of Accounts and Deposits, U. S. Treasury Department, Washington, D. C. Page 5 |