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a properly authorized request showing or persons named as if such check origthe reason it is required.
inally had been drawn payable to such INDORSEMENT OF CHECKS
person or persons.
(Sec. 330, 79 Stat. 401; 42 U.S.C. 405(n)) § 360.8 Indorsement by payees.
[Dept. Circ. 21, 2nd Rev., 32 F.R. 14217, Oct. (a) General requirements. Checks
13, 1967, as amended at 35 F.R. 6707, Apr. 28,
1970] shall be indorsed by the payee or payees named, or by another on behalf of such § 360.9 Checks issued to incompetent payee or payees as set forth in this part.
payees. The forms of indorsement shall conform
(a) Classes of checks which may be to those recognized by general principles
indorsed by guardian or fiduciary. Where of law and commercial usage for the
the payee of a check of any class listed negotiation, transfer, or collection of
in § 360.10(a) has been declared innegotiable instruments.
competent: (b) Indorsement of checks by a finan
(1) If the check is indorsed by a legal cial organization under the payee's au
guardian or other fiduciary and prethorization. When a check is credited by
sented for payment by a bank, it will be a financial organization to the payee's
paid by the Treasurer without submisaccount under his authorization, the
sion to the Treasurer of documentary financial organization may use an in
proof of the authority of the guardian dorsement substantially as follows:
or other fiduciary. Credit to the account of the within-named (2) If a guardian has not been or will payee in accordance with payee's or payees'
not be appointed, and if the check (1) instructions. Absence of indorsement
was issued in payment of goods and guaranteed.
services, tax refunds or redemption of XYZ A financial organization using this form
currency, it shall be forwarded for adof indorsement shall be deemed to guar
vice to the Treasurer of the United
States, Check Claims Division, Washantee to all subsequent indorsers and to the Treasurer that it is acting as an
ington, D.C. 20226, or (ii) was issued in
payment of principal or interest on U.S. attorney in fact for the payee or payees, under his or their, authorization
securities, it shall be forwarded to the (c) Indorsement of checks drawn in
Bureau of the Public Debt, Division of favor of financial organizations. All
Loans and Currency, Washington, D.C.
20226, with a full explanation of the checks drawn in favor of financial organizations, for credit to the accounts of
circumstances. persons designating payment so to be
(b) Classes of checks which may not made, shall be indorsed in the name of
be indorsed by guardian or fiduciary. the financial organization as payee in
Where the payee of a check of any other the usual manner. Financial organiza
class has been declared incompetent, the tions receiving and indorsing such checks
check shall not be indorsed by a guardian shall comply fully with Part 209 of this
or other fiduciary. The check shall be chapter.
returned to the Government agency for (d) Social Security benefit checks is
which issued with information as to the sued jointly to individuals of the same
incompetency of the payee and submisfamily. A Social Security benefit check
sion of documentary evidence showing issued jointly to two or more individuals
the appointment of the guardian or other of the same family shall, upon the death
explanation in order that a replacement of one of the joint payees prior to the
check, and others to be issued subsenegotiation of such check, be returned to
quently, may be drawn in favor of the the Social Security District Office or to
guardian. the Treasury Disbursing Office. Payment § 360.10 Checks issued to deceased of the check to the surviving payee or
payees. payees may be authorized by placing on
(a) Classes of checks which may be the face of the check a stamped legend
indorsed by an executor or administrator. signed by an official of the Social Security Administration or the Treasury Disburs
Checks issued for the following classes of ing Office, redesignating such survivor or
payments, the right to which under law survivors as the payee or payees of the
does not terminate with the death of the check. A check bearing such stamped payee, will, when indorsed by an executor legend, signed as herein prescribed, may or administrator and presented for paybe indorsed and negotiated by the person ment by a bank, be paid by the Treasurer without the submission of documentary (2) Payments for tax refunds. proof of the authority of the executor or (3) Payments for goods and services. administrator:
(c) Special powers of attorney. Under (1) Payments for the redemption of decisions of the Comptroller General of currencies or for principal or interest the United States, classes of checks other on U.S. securities.
than those specified in paragraph (b) (2) Payments for tax refunds.
of this section may be negotiated under (3) Payments for goods and services. a special power of attorney which names If an executor or administrator has not
a financial organization as attorney in
fact, is limited to a period not exceeding been appointed, persons claiming as
12 months, and recites that it is not owners shall return the checks for appropriate handling to the Government
given to carry into effect an assignment
of the right to receive payment, either agency for which issued. If there is doubt
to the attorney in fact or to any other as to whether the proceeds of the check
person. or checks pass to the estate of the de
(d) Proof of authority. Checks inceased payee, the checks shall be handled in accordance with paragraph
dorsed by an attorney in fact and pre
sented for payment by a bank, will be (b) of this section.
paid by the Treasurer without the sub(b) Classes of checks which may not
mission to him of documentary proof of be indorsed by an executor or adminis
the authority of the attorney in fact. trator. Checks issued for classes of pay
(e) Revocation of powers of attorney. ment other than those specified in para
Powers of attorney are revoked by the graph (a) of this section may not be
death of the grantor and may also be negotiated after the death of the payee
revoked by notice from the grantor to but must be returned to the Government
the parties known, or reasonably exagency for which issued for determination whether, under applicable laws, pay
pected, to be acting on the power of atment is due and to whom it may be made.
torney. Notice of revocation to the
Treasurer will not ordinarily serve to § 360.11 Checks issued to minor payees revoke the power. in certain cases.
(f) Acknowledgment of powers of atChecks issued to minors in payment of
torney. Powers of attorney shail be acprincipal or interest on U.S. securities
knowledged before a notary public or may be indorsed by either parent with
other officer authorized by law to adwhom the minor resides, or, if the minor
minister oaths generally. In foreign does not reside with either parent, by the
countries, the acknowledgment shall be person who furnishes his chief support.
made before a U.S. diplomatic or conThe parent or other person indorsing in
sular representative. If such a reprebehalf of the minor shall present with sentative is not available, the acknowlthe check his signed statement giving the
edgment shall be made before a notary minor's age, stating that the payee either or other officer authorized to administer resides with the parent or receives his
oaths, but his official character and chief support from the person indorsing
jurisdiction must be certified by a U.S. in his behalf, and that the proceeds of
diplomatic or consular officer, under the the checks will be used for the minor's
seal of his office. Persons subject to milibenefit.
tary jurisdiction may acknowledge pow
ers of attorney before officers specially § 360.12 Powers of attorney.
designated for that purpose pursuant to (a) Specific powers of attorney. Any law or regulations. See 10 U.S.C. 936. check may be negotiated under a specific (g) Seal or certificate of attesting ofpower of attorney executed after the is- ficer. Seals of attesting officers shall be suance of the check and describing it in impressed upon the power of attorney full.
form, or the power of attorney shall (b) General powers of attorney. be accompanied by a certificate from an Checks issued for the following classes appropriate official showing that the of payments may be negotiated under a officer was in commission on the date of general power of attorney in favor of an acknowledgment. In either case, the date individual, financial organization or of expiration of the attesting officer's other entity:
commission shall be indicated. (1) Payments for the redemption of (h) Forms. Power of attorney forms currencies or for principal or interest issued under this part are listed in the on U.S. securities.
appendix to this part. They may be ob
tained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20401. [Dept. Circ. 21, 2nd Rev., 32 F.R. 14217, Oct. 13, 1967, as amended at 35 F.R. 6707, Apr. 28, 1970] APPENDIX-STANDARD FORMS FOR POWER OF
ATTORNEY AND THEIR APPLICATION Standard Form 231. A general power of attorney on this form may be executed by an individual, firm, or sole owner, for checks drawn on the Treasurer of the United States, in payment (1) for redemption of currencies or for principal or interest on U.S. securities (2) for tax refunds, and (3) for goods and services.
Standard Form 232. A specific power of attorney on this form, which must be executed after the issuance of the check, describing the check in full, may be used to authorize the indorsement of any class of check drawn on the Treasurer.
Standard Form 233. A special power of attorney on this form naming a financial organization as attorney in fact, limited to a period not to exceed 12 months and reciting that it is not given to carry into effect an assignment of the right to receive the payment, either to the attorney in fact or to any other person, may be used for classes of payments other than those shown under Standard Form 231.
Standard Form 234-5. A general power of attorney may be executed by a corporation for the classes of payment listed under Standard Form 231.
Standard Form 236–7. A specific power of attorney may be executed on this form by a corporation to cover a specific check for any class of payment. [Dept. Circ. 21, 2nd Rev., 32 F.R. 14217, Oct. 13, 1967, as amended at 35 F.R. 6708, Apr. 28, 1970]
AUTHORITY: The provisions of this Part 365 issued under R.S. 3646, as amended; 31 U.S.C. 528 and Treasury Department Order No. 177–16, dated December 18, 1957, 22 F.R. 10761.
SOURCE: The provisions of this Part 365 contained in Department Circular 1001, Revised, 27 F.R. 8491, Aug. 24, 1962, unless otherwise noted. 8 365.1 Introductory.
This part, governing the issuance of substitutes of checks drawn on the Treasurer of the United States, other than those drawn by officers or employees of the Post Office Department, is prescribed pursuant to the provisions of section 3646 of the Revised Statutes of 1873, as amended (31 U.S.C. 528), and of Treasury Department Order No. 177-16, dated December 18, 1957, 22 F.R. 10761, and shall be effective immediately. § 365.2 Advice of nonreceipt or loss.
(a) In the event of the nonreceipt, loss, or destruction of a check drawn on the Treasurer of the United States, or the mutilation or defacement of such a check to an extent which renders it nonnegotiable, the owner, better to protect his interest, should immediately notify the drawer, describing the check, stating the purpose for which it was issued, giving, if possible, its date, number and amount, and requesting that payment be stopped. If the name or address of the drawer is not known the request for stoppage of payment should be sent to the Treasurer of the United States, stating the purpose for which the check was issued, the name of the department or agency authorizing the payment and if possible, the date, number and amount of the check. In cases involving mutilated or defaced checks, the owner should enclose the mutilated or defaced check with his communication to the drawer or Treasurer.
(b) Upon receipt of advice from an owner as to the nonreceipt, loss, destruction, multilation, or defacement of a check, the drawer will, if appropriate, transmit the owner's letter (together with the mutilated or defaced check in cases involving such checks) to the Treasurer of the United States, Washington, D.C., 20220, or other bank through which the check is payable, as the case may be, together with a request by the drawer for stoppage of payment which includes a certification as to the
PART 365—ISSUE OF SUBSTITUTES OF
LOST, DESTROYED, MUTILATED
STATES Sec. 365.1 Introductory. 365.2 Advice of nonreceipt or loss. 365.3 Request for substitute check; require
ments for undertaking of indemnity; execution of applications in
foreign countries. 365.4 Issuance of substitute check. 365.5 Receipt or recovery of original check. 365.6 Removal of stoppage of payment. 365.7 Performance of functions of the
Treasurer. 365.8 Delegation of authority to Secretary
of Defense to issue substitute checks.
accuracy of the check description and that it was properly issued.
(c) If the check, which is the basis of the owner's claim, is determined to be outstanding, the Treasurer's Office will furnish the claimant an appropriate application form for obtaining a substitute check. However, the execution of an application will not be required in the event the original written statement submitted by the claimant substantially meets the requirements of the prescribed application form. § 365.3 Request for substitute check;
requirements for undertaking of indemnity; execution of applications
in foreign countries. (a) An undertaking of indemnity on Form 2244 or Form 2244b in penal sum equal to the amount of the check or, in an appropriate case, an application, on Form 2244a, or an application substantially containing the same information as Form 2244a, must be executed by the claimant, as may be required by the Treasurer of the United States, and submitted to the Treasurer of the United States, Washington, D.C. 20220.
(b) Unless the Treasurer of the United States deems that an undertaking of indemnity is essential in the public interest, no undertaking of indemnity shall be required in the following classes of cases:
(1) If the Treasurer of the United States is satisfied that the loss, theft, destruction, mutilation, or defacement occurred without fault of the owner or holder and while the check was in the custody or control of the United States or of a person duly authorized as an agent of the United States, including the Postal Service when carrying mail for an officer, employee, agent, or agency of the United States when performing services in connection with an official function of the United States, but not including the Postal Service when otherwise acting solely in its capacity as a public carrier of the mail, or while it was in the course of shipment effected pursuant to and in accordance with regulations issued under the provisions of the Government Losses in Shipment Act, as amended;
(2) If substantially the entire check is presented and surrendered by the owner or holder and the Treasurer of the United States is satisfied as to the
identity of the check presented and that any missing portions are not sufficient to form the basis of a valid claim against the United States;
(3) If the Treasurer of the United States is satisfied that the original check is not negotiable and cannot be made the basis of a valid claim against the United States;
(4) If the amount of the check is not more than $200.00 and the check has not been endorsed by the payee;
(5) If the owner or holder is the United States or an officer or employee thereof in his official capacity, a State, the District of Columbia, a territory or possession of the United States, a municipal corporation or political subdivision of any of the foregoing, a corporation the entire capital of which is owned by the United States, a foreign government, or a Federal Reserve Bank.
(c) An application executed in a foreign country other than by an officer or an employee of the United States or a member of the Armed Forces of the United States, shall be sworn to before (1) a diplomatic or consular officer of the United States, or (2) an officer of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or (3) an official of such foreign country authorized by law to administer oaths generally, and such foreign official shall affix his official seal, if any, and a diplomatic or consular officer of the United States shall certify that the foreign official who administered the oath was duly authorized under the laws of such foreign country so to act. § 365.4 Issuance of substitute check.
Upon approval of the undertaking of indemnity, application or statement of claim by the Treasurer of the United States and upon certification of that fact to the Chief Disbursing Officer of the United States, the Chief Disbursing Officer or his designee shall issue to the claimant a substitute check showing such information as may be necessary to identify the original check. $ 365.5 Receipt or recovery of original
check. (a) If the original check is received or recovered by the owner after he has requested the drawer or the Treasurer of the United States to stop payment on the original check but before a substitute check has been received, he should imThe Secretary of Defense may redelegate such authority within the Department of Defense. [Dept. Circ. 1001, Rev., 34 F.R. 1601, Feb. 1, 1969)
mediately advise the drawer or the Treasurer, as the case may be, and hold such check until receipt of instructions with respect to the negotiability of such check.
(b) If the original check is received or recovered by the owner after a substitute has been received by him, the original shall not be cashed, but shall be immediately forwarded to the Treasurer of the United States, Washington, D.C. 20220. Under no circumstances should both the original and substitute checks be cashed. § 365.6 Removal of stoppage of pay
ment. Requests for removal of stoppage of payment shall be addressed by the drawer to the Treasurer of the United States, or other bank through which the check is payable, as the case may be. No request for removal of stoppage of payment shall be accepted by the Treasurer of the United States or other bank through which the check is payable, after issuance of a substitute check has been approved. 8 365.7 Performance of functions of
the Treasurer. The Treasurer of the United States may authorize any officer of the Treasury Department to perform any of his functions under this part and to redelegate such authority within such limits as the Treasurer may prescribe. (Dept. Circ. 1001, Rev., 31 F.R. 16780, Dec. 31, 1966) & 365.8 Delegation of authority to Sec
retary of Defense to issue substitute
checks. The Secretary of Defense is authorized to provide by regulations for the issuance of substitutes of checks drawn for pay and allowances of civilian employees and active duty military personnel which are lost, stolen, or destroyed:
(a) In shipment between military offices or installations,
(b) In the mail when addressed by military disbursing officers directly to employees, service members or dependents of service members, or
(c) In the mail when addressed by military disbursing officers to designated financial organizations for credit to accounts of employees, service members or dependents of service members.
PART 368_ISSUE OF SUBSTITUTES
OF LOST, STOLEN, DESTROYED, MUTILATED AND DEFACED CHECKS OF THE UNITED STATES DRAWN ON ACCOUNTS MAINTAINED IN DEPOSITARY BANKS IN FOREIGN COUNTRIES OR UNITED STATES
TERRITORIES OR POSSESSIONS Sec. 368.1 Introductory.
DELEGATION OF AUTHORITY 368.2 Delegation of authority to issue sub
stitute checks. ACTION TO BE TAKEN BY CLAIMANTS 368.3 Advice of nonreceipt or loss. 368.4 Undertaking of indemnity. 368.5 Exception to requirement of under
taking of indemnity Form 2244. 368.6 Recovery of original check. 368.7 Claims requiring settlement action. 368.8 Inquiries. 368.9 Amendments and waivers.
AUTHORITY: The provisions of this part 368 issued under R.S. 3646, as amended; 31 U.S.C. 528.
SOURCE: The provisions of this Part 368 contained in 1960 Department Circular 1055, 25 F.R. 10869, Nov. 16, 1960, unless otherwise noted. § 368.1 Introductory.
This part, prescribed pursuant to the provisions of section 3646 of the Revised Statutes, as amended (31 U.S.C. 528), governs the issuance of substitutes of checks of the United States drawn on United States dollar or foreign currency accounts, other than those drawn by officers or employees of the Post Office Department, maintained with designated depositaries in foreign countries or territories or possessions of the United States, including the Panama Canal Zone. Checks of the United States drawn on such depositaries are hereinafter referred to as “depositary checks”.
DELEGATION OF AUTHORITY § 368.2 Delegation of authority to issue
substitute checks. Pursuant to authority contained in section 3646 of the Revised Statutes, as