31 C.F.R. § 363.43   What are the procedures for certifying my signature on an offline application for a TreasuryDirect® account, or on an offline transaction form?


Title 31 - Money and Finance: Treasury


Title 31: Money and Finance: Treasury
PART 363—REGULATIONS GOVERNING SECURITIES HELD IN TREASURYDIRECT
Subpart B—General Provisions Governing Securities Held in TreasuryDirect

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§ 363.43   What are the procedures for certifying my signature on an offline application for a TreasuryDirect® account, or on an offline transaction form?

(a) Certification within the United States. For certifications within the United States, the certifying individual must be authorized to bind his or her institution by his or her acts, to guarantee signatures to assignments of securities, or to certify assignments of securities. The following table provides a list of authorized certifying individuals and the required evidence of authority. Members of Treasury-recognized signature guarantee programs are for security transfers only.

 ------------------------------------------------------------------------                                              Evidence of certifying Who can certify signatures in the U.S.       individual's authority------------------------------------------------------------------------(1) Officers and employees of            (i) We require the depository institutions.                 institution's seal or                                          signature guarantee stamp.                                         (ii) If the institution is an                                          authorized paying agent for                                          U.S. Savings Bonds, we require                                          a legible imprint of the                                          paying agent's stamp.(2) Institutions that are members of     We require the imprint of the Treasury_recognized signature            signature guarantee stamp, guarantee programs (for security         i.e., the STAMP, SEMP, or MSP transfers only).                         stamp for members of the                                          Securities Transfer Agents                                          Medallion Program, the Stock                                          Exchanges Medallion Program,                                          or the New York Stock Exchange                                          Inc. Medallion Signature                                          Program.(3) Officers and employees of corporate  We require the entity's seal. central credit unions, Federal Land Banks, Federal Intermediate Credit Banks and Banks for Cooperatives, the Central Bank for Cooperatives, and Federal Home Loan Banks.(4) Commissioned or warrant officers of  (i) We require a statement that the United States Armed Forces, for      the person executing the signatures executed by Armed Forces      assignment is one whose personnel, civilian field employees,     signature the officer is and members of their families.           authorized to certify under                                          our regulations.                                         (ii) The certifying official's                                          rank must be shown.(5) A judge or clerk of the court......  We require the seal of the                                          court.(6) Other persons as designated by the   Evidence is determined by our Commissioner or Deputy Commissioner of   procedures. Public Debt.------------------------------------------------------------------------

(b) Certification within foreign countries. The following table lists the authorized certifying individuals for foreign countries and the required evidence of the individual's authority.

 ------------------------------------------------------------------------ Who can certify signatures in foreign        Evidence of certifying               countries                      individual's authority------------------------------------------------------------------------(1) United States diplomatic or          (i) We require the seal or consular officials.                      stamp of the office.                                         (ii) If there is no seal or                                          stamp, then we require                                          certification by some other                                          authorized individual, under                                          seal or stamp.(2) Managers and officers of foreign     We require the seal of the branches of U.S. depository              depository institution, or the institutions and institutions that are   imprint of the signature members of Treasury-recognized           guarantee stamp, i.e., the signature guarantee programs (for        STAMP, SEMP, or MSP stamp for security transfers only).                members of the Securities                                          Transfer Agents Medallion                                          Program, the Stock Exchanges                                          Medallion Program, or the New                                          York Stock Exchange                                          Incorporated Medallion                                          Signature Program.(3) Notaries Public and other officers   (i) We require the official authorized to administer oaths,          seal or stamp of the office. provided their authority is certified   (ii) If there is no seal or by a United States diplomatic or         stamp, the position must be consular official.                       certified by some other                                          authorized individual, under                                          seal or stamp, or otherwise                                          proved to our satisfaction.------------------------------------------------------------------------

(c) Duties and liabilities of certifying individuals. (1) The certifying individual must first establish the identity of the signer.

(2) The form must be signed in the presence of the certifying individual.

(3) If the certifying individual is not an officer, the certifying individual must insert the words “Authorized Signature” in the space provided for the title.

(4) If the certifying individual is negligent in making the certification, the certifying individual and his or her organization are jointly and severally liable for any loss the United States may incur as a result of the negligence.

(d) Guaranteed signatures. (1) A security or other form requiring certification need not be executed in the presence of a certifying individual if the signature is unconditionally guaranteed by the certifying individual. To guarantee a signature, the certifying individual must add a dated endorsement after the signature. For example:

Signature guaranteed, First National Bank of Smithville, Smithville, NH, by A. B. Doe, President, dated 1/1/2001.

(2) The certifying individual and his or her organization unconditionally guarantee to us that the signature is genuine and the signer had the legal capacity to execute the assignment or related form.

(e) Guaranteed absence of a signature. (1) A form requiring a certified signature need not be signed when a certifying individual associated with a depository financial institution places the following endorsement on the security or the form:

Absence of signature by owner and validity of transaction guaranteed, Second State Bank of Jonesville, Jonesville, NC, by B. R. Butler, Vice President, dated 11/1/2001.

(2) The endorsement must be dated and the seal of the institution must be added.

(3) This form of endorsement is an unconditional guarantee to us that the institution is acting for the signer under proper authorization.

(f) Persons who cannot act as certifying individuals. Any person having an interest in a security involved in the transaction cannot act as a certifying individual. However, an authorized officer or employee of a depository financial institution that is a member of a Treasury-recognized signature guarantee program can act as a certifying individual for transfer of a security to the institution or on behalf of the institution.

[67 FR 64286, Oct. 17, 2002, as amended at 70 FR 57435, Sept. 30, 2005]

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