31 C.F.R. PART 224—FEDERAL PROCESS AGENTS OF SURETY COMPANIES
Title 31 - Money and Finance: Treasury
Authority: 31 U.S.C. 9306.
The rules and regulations in this part are prescribed for carrying into effect 31 U.S.C. 9306. [61 FR 26840, May 29, 1996] (a) Generally. Companies should especially note that the law prohibits the doing of business under the provisions of this act beyond the State under whose laws it was incorporated and in which its principal office is located until an agent is appointed to accept Federal process on behalf of the company. An agent for the service of Federal process should be appointed: (1) In the district where the principal resides; (2) In the district where the obligation is to be undertaken and performed; and (3) Also in the District of Columbia where the bond is returnable and filed. The appointment of process agents pursuant to a local State statute is not compliance with the Federal law. Although one and the same agent may serve under both the State and Federal appointments, he must, nevertheless, be especially designated to accept Federal process. It should also be noted that the agent so designated must reside within the jurisdiction of the court for the judicial district wherein such suretyship is to be undertaken, and must be citizen of the State, Territory, or District of Columbia in which such court is held. Consequently an agent residing in the northern district of New York could not at the same time serve as the company's Federal process agent for the southern district of that State. (b) Agent required in District of Columbia. Every company must, immediately upon receipt of its initial authority from the Secretary of the Treasury, appoint a suitable person resident in the District of Columbia on whom may be served all lawful process issued by the Federal Courts in said district. This appointment is required whether or not the company contemplates the writing of bonds in favor of the United States to be undertaken within the District of Columbia. (c) Agent not required in State of incorporation where principal office is located. The law does not require the appointment of Federal process agents for the State under whose laws the company is incorporated, and in which its principal office is located. [17 FR 2605, Mar. 26, 1952] The clerk of the United States district court at the main office in each judicial district must be furnished with a sufficient number of authenticated copies of the power of attorney appointing an agent for the service of process to enable him to file a copy in his office, and at each other place where a divisional office of the court is located within the judicial district for which the process agent has been appointed. Such copies may be authenticated at the home office of the company by its officers duly authorized, and sworn to before an officer legally authorized to administer oaths. Where the charter of bylaws of the corporation do not confer authority on its executive officers to give such powers of attorney the authenticated copy filed with the clerk of the court must be accompanied by a certified copy of the resolution duly adopted by its board of directors or other governing body showing that the officer making the appointment had authority to do so. [17 FR 2606, Mar. 26, 1952] In making such appointments a power of attorney should be used substantially in the following form:
Know all men by these presents, that the ________a corporation existing under and by virtue of the laws of the State of ________ and having its principal office at ______, desiring to comply with section 9306 of Title 31, United States Code, hereby constitutes and appoints _____, of ________, its true and lawful attorney and agent in and for the _____ judicial district of _______, upon whom all lawful process in any action or proceeding against the company in said district may be served in like manner and with the same effect as if the company existed therein, and who is authorized to enter an appearance in its behalf. In witness whereof the said company, pursuant to proper authority of its board of directors or other governing body, has caused these presents to be subscribed by its ______ president and its corporate seal to be affixed hereto this ___ day of _____, [ State of _________ County of __________, ss: On this ______ day of ______, [ [Dept. Cir. Ltr. 4, Nov. 15, 1930, as amended at 49 FR 14340, Apr. 11, 1984] Whenever the authority of a process agent is terminated by reason of revocation, disability, removal from the district, or any other cause, it shall be the duty of the company to immediately make a new appointment. [40 FR 51194, Nov. 4, 1975. Redesignated at 61 FR 26840, May 29, 1996] A list of the divisional offices of the court in each judicial district where powers of attorney should be filed may be obtained from the Surety Bond Branch, Financial Management Service, Department of the Treasury, 3700 East-West Highway, Room 6F04, Hyattsville, MD 20782. [61 FR 26840, May 29, 1996]
Title 31: Money and Finance: Treasury
PART 224—FEDERAL PROCESS AGENTS OF SURETY COMPANIES
Section Contents
§ 224.1 Statutory provision.
§ 224.2 Appointment of process agents.
§ 224.3 Powers of attorney appointing process agents; with whom filed.
§ 224.4 Power of attorney; form.
§ 224.5 Process agents; termination of authority.
§ 224.6 United States district courts; location of divisional offices.
§ 224.1 Statutory provision.
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§ 224.2 Appointment of process agents.
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§ 224.3 Powers of attorney appointing process agents; with whom filed.
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§ 224.4 Power of attorney; form.
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§ 224.5 Process agents; termination of authority.
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§ 224.6 United States district courts; location of divisional offices.
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