31 C.F.R. § 240.1

Scope of regulations

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(a) The regulations in this part prescribe the requirements for indorsement and the conditions for payment of checks drawn on the United States Treasury. These regulations also establish procedures for collection of amounts due the United States Treasury based on claims arising from the breach of presentment guarantees by presenting banks and other indorsers of Treasury checks when checks bearing material defects or alterations or forged disbursing officer (drawer) signatures are presented for payment and are paid.

(b) Standards contained in this regulation supersede existing Federal common law to the extent that they are inconsistent with Federal common law rules relating to counterfeit checks. Under the provisions of this regulation, the risk of loss on certain counterfeit checks is placed on presenting banks and other indorsers unless Treasury fails to timely reclaim on a check payment in accordance with 31 U.S.C. 3712(a) and § 240.8 of this regulation. Treasury will reclaim on counterfeit checks that are deemed paid under § 240.6(d) of this regulation when a presenting bank or other indorser fails to make all reasonable efforts to ensure that a check is an authentic Treasury check.

(c) Nothing in this regulation supercedes the rights or obligations of Treasury or any other person that are set forth in Regulation CC, 12 CFR part 229, with respect to substitute checks, as defined therein.

(d) A financial institution's indorsement or presentment of a U.S. Treasury check shall constitute its agreement to this part. The financial institution hereby authorizes its servicing Federal Reserve Bank to debit the financial institution's Federal Reserve Master Account for the amount of the reclamation and any accrued interest, penalties and/or administrative costs in accordance with the provisions of § 240.9.

[69 FR 61568, Oct. 19, 2004, as amended at 76 FR 57909, Sept. 19, 2011]

Notes of Decisions

Cited in 2 cases, 1995–1998 · leading case: ABN Amro Bank N.V. v. United States, 34 Fed. Cl. 126 (Fed. Cl. 1995).

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ABN Amro Bank N.V. v. United States, 34 Fed. Cl. 126 (Fed. Cl. 1995). · cites it 2× “31 C.F.R. § 240.1 . Section 240.11 describes the requirements for a proper indorsement of a check by a payee and Section 240.”

United States v. Commonwealth Energy Sys., 994 F. Supp. 80 (D. Mass. 1998). “See also 31 C.F.R. § 240.1 ("The regulations in this part prescribe the .”

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