[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR240.19]

[Page 95]
 
                  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 
 
Sec.  240.19  Reservation of rights.

    The Secretary of the Treasury reserves the right, in the Secretary's 
discretion, to waive any provision(s) of this regulation not otherwise 
required by law.

Appendix A to Part 240--Optional Forms for Powers of Attorney and Their 
                               Application

    FMS Form 231--General Power of Attorney (Individual). This general 
power of attorney form may be executed by an individual, unincorporated 
partnership, 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.
    FMS Form 232--Specific Power of Attorney (Individual). This specific 
power of attorney form may be executed by an individual, unincorporated 
partnership, or sole owner to authorize the indorsement of any class of 
check drawn on the United States Treasury. To be valid, the form must be 
executed after the issuance of the check and must describe the check in 
full, including the check serial and symbol numbers, date of issue, 
amount, and name of the payee.
    FMS Form 233--Special Power of Attorney (Individual). This special 
power of attorney form may be executed by an individual, unincorporated 
partnership, or sole owner, to authorize the indorsement of payments 
other than those listed under FMS Form 231, such as recurring benefit 
payments. It may name any person (as the term person is defined in 31 
CFR part 240) as attorney-in-fact, but must describe the purpose for 
which the checks are issued and recite 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. A special power of attorney is 
not effective for purposes of negotiating checks issued after the payee 
is determined to be incompetent, unless the payee has indicated that the 
special power of attorney is to: (1) Remain effective following a 
determination that the principal is incompetent (a durable special power 
of attorney); or (2) become effective following a determination that the 
principal is incompetent (a springing durable special power of 
attorney). In no instance may a special power of attorney be used as the 
basis for negotiation of a check drawn on the United States Treasury 
more than six months after a determination that the principal is 
incompetent.
    FMS Form 234--Specific Power of Attorney (Corporation). This general 
power of attorney form may be executed by a corporation to authorize the 
indorsement by an attorney-in-fact for the classes of payments listed 
under FMS Form 231. When authority is given to an officer of the 
corporation to execute a power of attorney authorizing a third person to 
indorse and collect checks drawn on the United States Treasury in the 
name of the corporation, the power of attorney on FMS Form 234 should be 
accompanied by FMS Form 235 (Resolution by Corporation Conferring 
Authority Upon an Officer to Execute a Power of Attorney for the 
Collection of Checks Drawn on the Treasurer of the United States), 
executed by the officer authorized herein to execute such a power.
    FMS Form 236--Specific Power of Attorney (Corporation). This 
specific power of attorney form may be executed by a corporation to 
authorize the indorsement by an attorney-in-fact of any class of check 
drawn on the United States Treasury. To be valid, the form must be 
executed after the issuance of the check and must describe the check in 
full, including the check serial and symbol numbers, date of issue, 
amount, and name of the payee. When authority is given to an officer of 
the corporation to execute a power of attorney authorizing a third 
person to indorse and collect checks drawn on the United States Treasury 
in the name of the corporation, the power of attorney on FMS Form 236 
should be accompanied by FMS Form 235 (Resolution by Corporation 
Conferring Authority Upon an Officer to Execute a Power of Attorney for 
the Collection of Checks Drawn on the Treasurer of the United States), 
executed by the officer authorized herein to execute such a power.

[[Page 96]]