[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: 31CFR240.2] [Page 81-84] 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. 240.2 Definitions. (a) Administrative offset or offset, for purposes of this section, has the same meaning as defined in 31 U.S.C. 3701(a)(1) and 31 CFR part 285. (b) Agency means any agency, department, instrumentality, office, commission, board, service, or other establishment of the United States authorized to issue Treasury checks or for which checks drawn on the United States Treasury are issued. (c) Certifying agency means an agency authorizing the issuance of a payment by a disbursing official in accordance with 31 U.S.C. 3325. (d) Check or checks means an original check or checks; an electronic check or checks; or a substitute check or checks. (e) Check payment means the amount paid to a presenting bank by a Federal Reserve Bank. [[Page 82]] (f) Counterfeit check means a document that purports to be an authentic check drawn on the United States Treasury, but in fact is not an authentic check. (g) Days means calendar days. For purposes of computation, the last day of the period will be included unless it is a Saturday, Sunday, or Federal holiday; the first day is not included. For example, if a reclamation was issued on July 1, the 90 day protest period under Sec. 240.9(b) would begin on July 2. If the 90th day fell on a Saturday, Sunday or Federal holiday, the protest would be accepted if received on the next business day. (h) Declination means the process by which Treasury refuses to make final payment on a check, i.e., declines payment, by instructing a Federal Reserve Bank to reverse its provisional credit to a presenting bank. (i) Declination date means the date on which the declination is issued by Treasury. (j) Disbursing official means an official, including an official of the Department of the Treasury, the Department of Defense, any Government corporation (as defined in 31 U.S.C. 9101), or any official of the United States designated by the Secretary of the Treasury, authorized to disburse public money pursuant to 31 U.S.C. 3321 or another law. (k) Drawer's signature means the signature of a disbursing official placed on the front of a Treasury check as the drawer of the check. (l) Electronic check means an electronic image of a check drawn on the United States Treasury, together with information describing that check, that meets the technical requirements for sending electronic items to a Federal Reserve Bank as set forth in the Federal Reserve Banks' operating circulars. (m) Federal Reserve Bank means a Federal Reserve Bank (FRB) or a branch of a Federal Reserve Bank. (n) Federal Reserve Processing Center means a Federal Reserve Bank center that images Treasury checks for archiving check information and transmitting such information to Treasury. (o) Financial institution means: (1) Any insured bank as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) or any bank which is eligible to make application to become an insured bank under section 5 of such Act (12 U.S.C. 1815); (2) Any mutual savings bank as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) or any bank which is eligible to make application to become an insured bank under section 5 of such Act (12 U.S.C. 1815); (3) Any savings bank as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) or any bank which is eligible to make application to become an insured bank under section 5 of such Act (12 U.S.C. 1815); (4) Any insured credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752) or any credit union which is eligible to make application to become an insured credit union under section 201 of such Act (12 U.S.C. 1781); (5) Any savings association as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) which is an insured depositary institution (as defined in such Act) (12 U.S.C. 1811 et seq.) or is eligible to apply to become an insured depositary institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.); and (6) Any financial institution outside of the United States if it has been designated by the Secretary of the Treasury as a depositary of public money and has been permitted to charge checks to the General Account of the United States Treasury. (p) First examination means Treasury's initial review of a check that has been presented for payment. The initial review procedures, which establish the authenticity and integrity of a check presented to Treasury for payment, may include reconciliation; retrieval and inspection of the check or the best available image thereof; and other procedures Treasury deems appropriate to specific circumstances. (q) Forged or unauthorized drawer's signature means a drawer's signature that has been placed on the front of a Treasury check by a person other than: (1) A disbursing official; or [[Page 83]] (2) A person authorized to sign on behalf of a disbursing official. (r) Forged or unauthorized indorsement means: (1) An indorsement of the payee's name by another person who is not authorized to sign for the payee; or (2) An indorsement of the payee's name made by another person who has been authorized by the payee, but who has not indorsed the check in accordance with Sec. 240.4 and Sec. Sec. 240.13 through 240.17; or (3) An indorsement added by a financial institution where the financial institution had no authority to supply the indorsement; or (4) A check bearing an altered payee name that is indorsed using the payee name as altered. (s) Guarantor means a financial institution that presents a check for payment and any prior indorser(s) of a check. (t) Material defect or alteration means: (1) The counterfeiting of a check; or (2) Any physical change on a check, including, but not limited to, a change in the amount, date, payee name, or other identifying information printed on the front or back of the check (but not including a forged or unauthorized drawer's signature); or (3) Any forged or unauthorized indorsement appearing on the back of the check. (u) Minor means the term minor as defined under applicable State law. (v) Monthly statement means a statement prepared by Treasury which includes the following information regarding each outstanding reclamation: (1) The reclamation date; (2) The reclamation number; (3) Check identifying information; and (4) The balance due, including interest, penalties, and administrative costs. (w) Original check means the first paper check drawn on the United States Treasury with respect to a particular payment transaction. (x) Payee means the person that the certifying agency designated to receive payment pursuant to 31 U.S.C. 3528. (y) Person means an individual, institution, including a financial institution, or any other type of entity; the singular includes the plural. (z) Presenting bank means: (1) A financial institution which, either directly or through a correspondent banking relationship, presents checks to and receives provisional credit from a Federal Reserve Bank; or (2) A depositary which is authorized to charge checks directly to Treasury's General Account and present them to Treasury for payment through a designated Federal Reserve Bank. (aa) Provisional credit means the initial credit provided to a presenting bank by a Federal Reserve Bank. Provisional credit may be reversed by Treasury until the completion of first examination or final payment is deemed made pursuant to Sec. 240.6(d). (bb) Reasonable efforts means, at a minimum, verifying the existence of the Treasury watermark on an original check. Based upon the facts at hand, including whether a check is an original check, a substitute check or an electronic check, reasonable efforts may require the verification of other security features. (cc) Reclamation means a demand for the amount of a check for which Treasury has requested an immediate refund. (dd) Reclamation date means the date on which a reclamation is issued by Treasury. Normally, demands are sent to presenting banks or other indorsers within two business days of the reclamation date. (ee) Reclamation debt means the amount owed as a result of Treasury's demand for refund of a check payment, and includes interest, penalties and administrative costs assessed in accordance with Sec. 240.8. (ff) Reclamation debtor means a presenting bank or other indorser of a check from whom Treasury has demanded a refund in accordance with Sec. Sec. 240.8 and 240.9. The reclamation debtor does not include a presenting bank or other indorser who may be liable for a reclamation debt, but from which Treasury has not demanded a refund. (gg) Recurring benefit payment includes but is not limited to a payment of money for any Federal Government entitlement program or annuity. [[Page 84]] (hh) Substitute check means a paper reproduction of a check drawn on the United States Treasury that meets the definitional requirements set forth at 12 CFR 229.2(aaa). (ii) Treasury means the United States Department of the Treasury, or when authorized, an agent designated by the Secretary of the Treasury or his delegee. (jj) Treasury Check Offset means the collection of an amount owed by a presenting bank in accordance with 31 U.S.C. 3712(e). (kk) Truncate means to remove a paper check from the forward collection or return process and send to a recipient, in lieu of such paper check, a substitute check or an electronic check. (ll) U.S. securities means securities of the United States and securities of Federal agencies and Government corporations for which Treasury acts as the transfer agent. (mm) Writing includes electronic communications when specifically authorized by Treasury in implementing instructions.