[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR240.16]

[Page 88-89]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
         CHAPTER II--FISCAL SERVICE, DEPARTMENT OF THE TREASURY
 
PART 240--INDORSEMENT AND PAYMENT OF CHECKS DRAWN ON THE UNITED STATES TREASURY--Table of Contents
 
Sec. 240.16  Powers of attorney.

    (a) Specific powers of attorney. Any check may be negotiated under a 
specific power of attorney executed after the issuance of the check and 
describing it in full.
    (b) General powers of attorney. Checks issued for the following 
classes of payments may be negotiated under a general power of attorney 
in favor of an individual, financial institution or other entity:
    (1) Payments for the redemption of currencies or for principal or 
interest on U.S. securities.
    (2) Payments for tax refunds, but subject to the limitations 
concerning

[[Page 89]]

the mailing of Internal Revenue refund checks contained in 26 CFR 
601.506(b).
    (3) Payments for goods and services.
    (c) Special powers of attorney. Under discussions of the Comptroller 
General of the United States, classes of checks other than those 
specified in paragraph (b) of this section may be negotiated under a 
special power of attorney which names a financial institution as 
attorney-in-fact, and recites that it is not given to carry into effect 
an assignment of the right to receive payment, either to the attorney-
in-fact or to any other person.
    (d) Proof of authority. Checks indorsed by an attorney-in-fact shall 
include, as part of the indorsement, an indication of the capacity in 
which the attorney-in-fact is indorsing. An example would be: ``John 
Jones by Paul Smith, attorney-in-fact for John Jones.'' Such checks when 
presented for payment by a bank, will be paid by the Treasury without 
the submission of documentary proof of the claimed authority, with the 
understanding that evidence of such claimed authority to indorse may be 
required by the Treasury in the event of a dispute.
    (e) Revocation of powers of attorney. Powers of attorney are revoked 
by the death of the grantor and may also be revoked by notice from the 
grantor to the parties known, or reasonably expected, to be acting on 
the power of attorney. Notice of revocation to the Treasury will not 
ordinarily serve to revoke the power.
    (f) Acknowledgment of powers of attorney. Where desirable or where 
required by foreign, state or local law, powers of attorney shall be 
acknowledged before a notary public or other officer authorized by law 
to administer oaths generally.
    (g) Seal or certificate of attesting officers. Where acknowledgment 
of powers of attorney is desirable or required pursuant to paragraph (f) 
of this section, seals of attesting officers shall be impressed or 
stamped upon the power of attorney form, or the power of attorney shall 
be accompanied by a certificate from an appropriate official showing 
that the officer was in commission on the date of acknowledgment.
    (h) Forms. Power of attorney forms issued under this part are listed 
in the appendix to this part. They may be obtained from the Financial 
Management Service, Property and Supply Section, Ardmore East Business 
Center, 3361-L 75th Avenue, Landover, MD 20785.

[54 FR 35642, Aug. 29, 1989. Redesignated at 67 FR 36518, May 24, 2002]

 Appendix A to Part 240--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 
United States Treasury, 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 United States Treasury.
    Standard Form 233. A special power of attorney on this form naming a 
financial organization as attorney-in-fact and reciting that it is not 
given to carry into effect an assignment of the right to receive 
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.