Info On Bonds
Info On Bonds
Treasury
As of July 2008
Fiscal Service, Treasury Pt. 353
Subpart B—Registration
353.5 General rules.
353.6 Restrictions on registration.
353.7 Authorized forms of registration.
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Pt. 353 31 CFR Ch. II (7–1–08 Edition)
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Fiscal Service, Treasury § 353.2
AUTHORITY: 5 U.S.C. 301; 12 U.S.C. 391; 31 verted to book-entry bonds through
U.S.C. 3105, 3125. New Treasury Direct.
SOURCE: 44 FR 76441, Dec. 26, 1979, unless [68 FR 24805, May 8, 2003, as amended at 70
otherwise noted. FR 14941, Mar. 23, 2005]
Federal Reserve Bank, Buffalo New York, Boston CT, MA, ME, NH, NJ (northern half), NY (City & State), RI, VT,
Branch, P.O. Box 961, Buffalo, NY Puerto Rico and Virgin Islands.
14240.
Federal Reserve Bank, Pittsburgh Cleveland, Phila- DE, KY (eastern half), NJ (southern half), OH, PA, WV (northern
Branch, P.O. Box 867, Pittsburgh, delphia. panhandle).
PA 15230.
Federal Reserve Bank of Richmond, Richmond, Atlanta AL, DC, FL, LA (southern half), MD, MS (southern half), NC, SC,
P.O. Box 27622, Richmond, VA TN (eastern half), VA, WV (except northern panhandle).
23261.
Federal Reserve Bank of Min- Minneapolis, Chi- IA, IL (northern half), IN (northern half), MN, MT, ND, SD, WI.
neapolis, 250 Marquette Avenue, cago.
Minneapolis, MN 55480.
Federal Reserve Bank of Kansas Dallas, San Fran- AK, AR, AZ, CA, CO, HI, ID, IL (southern half), IN (southern half),
City, 925 Grand Avenue, Kansas cisco, Kansas KS, KY (western half), LA (northern half), MO, NE, NM, NV, OK,
City, MO 64198. City, St. Louis. OR, TN (western half), TX, WA, WY, UT and GU.
(ii) Until March 1, 1996, other Federal finitive United States Savings Bond of
Reserve Offices may continue to pro- Series EE or HH.
vide some savings bond services, but (b) Converted bond means a savings
such services will be phased out over bond originally issued as a definitive
the period prior to that date. bond that has been surrendered to us
(c) Notices and documents must be and converted to a book-entry savings
filed with the agencies referred to bond to be maintained by Treasury
above and as indicated in these regula- solely as a computer record.
tions. (c) Incompetent means an individual
who is incapable of handling his or her
[44 FR 76441, Dec. 26, 1979, as amended at 59
business affairs because of a legal,
FR 10541, Mar. 4, 1994]
mental or medical disability, except
§ 353.2 Definitions. that a minor is not an incompetent
solely because of age.
(a) Bond, or Series EE or HH savings (d) Inscription means the information
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bond, as used in this part, means a de- that is printed on the face of the bond.
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§ 353.3 31 CFR Ch. II (7–1–08 Edition)
(e) Issuing agent means an organiza- (o) Voluntary guardian means an indi-
tion that has been qualified under the vidual who is recognized as authorized
provisions of Department of the Treas- to act for an incompetent, as provided
ury Circular, Public Debt Series No. 4– by § 353.64.
67, current revision (31 CFR part 317), (p) Voluntary representative means the
to issue savings bonds. person qualified by the Department of
(f) Paying agent means a financial in- the Treasury to request payment or
stitution that has been qualified under distribution of a decedent’s savings
the provisions of Department of the bonds pursuant to § 353.71.
Treasury Circular No. 750, current revi-
[44 FR 76441, Dec. 26, 1979, as amended at 68
sion (31 CFR part 321), to make pay- FR 24805, May 8, 2003; 70 FR 14941, Mar. 23,
ment of savings bonds. 2005; 70 FR 57430, Sept. 30, 2005; 71 FR 46857,
(g) Payment means redemption, un- Aug. 15, 2006]
less otherwise indicated by context.
(h) Person means any legal entity in- § 353.3 Converting definitive savings
cluding, but without limitation, an in- bonds to book-entry bonds in New
dividual, corporation (public or pri- Treasury Direct.
vate), partnership, unincorporated as- Series EE savings bonds that were
sociation, or fiduciary estate. originally issued as definitive bonds
(i) Personal trust estates means trust may be converted to book-entry bonds
estates established by natural persons through New Treasury Direct, an on-
in their own right for the benefit of line system for holding Treasury secu-
themselves or other natural persons in rities. The Web address for New Treas-
whole or in part, and common trust ury Direct is http://
funds comprised in whole or in part of www.treasurydirect.gov. Bond owners
such trust estates. who wish to convert their definitive
(j) Registration means that the names savings bonds should follow online in-
of all persons named on the bond and structions for conversion. Regulations
the taxpayer identification number governing converted bonds are found at
(TIN) of the owner, first-named co- 31 CFR part 363.
owner, or purchaser of a gift bond are
[70 FR 14941, Mar. 23, 2005]
maintained on our records.
(k) Reissue means the cancellation
and retirement of a bond and the Subpart B—Registration
issuance of a new bond or bonds of the
same series, same issue date, and same § 353.5 General rules.
total face amount. (a) Registration is conclusive of owner-
(l) Representative of the estate of a ship. Savings bonds are issued only in
minor, incompetent, aged person, absen- registered form. The registration must
tee, et al. means the court-appointed or express the actual ownership of, and in-
otherwise qualified person, regardless terest in, the bond. The registration is
of title, who is legally authorized to conclusive of ownership, except as pro-
act for the individual. The term does vided in § 353.49.
not include parents in their own right, (b) Requests for registration. Registra-
voluntary or natural guardians, or the tions requested must be clear, accurate
executors or administrators of dece- and complete, conform substantially
dents’ estates. with one of the forms set forth in this
(m) Surrender means the actual re- subpart, and include the taxpayer iden-
ceipt of a bond with an appropriate re- tifying number of the owner or first-
quest for payment or reissue by either named coowner. The taxpayer identi-
a Federal Reserve Bank or Branch, the fying number of the second-named co-
Bureau of the Public Debt, or, if a pay- owner or beneficiary is not required
ing agent is authorized to handle the but its inclusion is desirable. The reg-
transaction, the actual receipt of the istration of all bonds owned by the
bond and the request for payment by same person, organization, or fiduciary
the paying agent. should be uniform with respect to the
(n) Taxpayer identifying number means name of the owner and any description
a social security account number or an of the fiduciary capacity. An individual
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Fiscal Service, Treasury § 353.6
who work in the United States but only beneficiary an incompetent for whose
339
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§ 353.7 31 CFR Ch. II (7–1–08 Edition)
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Fiscal Service, Treasury § 353.7
Henry L. Green 123–45–6789 P.O.D. George M. Tenth National Bank, trustee under agree-
Brown, a minor under legal guardianship of ment with Paul E. White, dated 2/1/80, 12–
the Tenth National Bank. 3456789.
Redd State Hospital and School, selected Carl A. Black and Henry B. Green, trustees
payee for John A. Jones 123–45–6789, a Civil under agreement with Paul E. White, dated
Service annuitant, pursuant to 5 U.S.C. 2/1/80, 12–3456789.
8345(e). Paul E. White, trustee under declaration of
trust dated 2/1/80, 12–3456789.
(3) Natural guardians. A bond may be
registered in the name of either parent (i) If the trust instrument designates
(natural and adoptive) of a minor, as by title only an officer of a board or an
natural guardian. The registration of a organization as trustee, only the title
bond in this form is considered as es- of the officer should be used. Example:
tablishing a fiduciary relationship. A Chairman, Board of Trustees, First Church
coowner or beneficiary may be named of Christ, Scientist, of Chicago, Illinois, in
but only if the funds used to purchase trust under the will of Robert J. Smith, de-
the bonds do not belong to the minor. ceased, 12–3456789.
Examples: (ii) The names of all trustees, in the
John A. Jones, as natural guardian for Henry form used in the trust instrument,
M. Jones 123–45–6789. must be included in the registration,
Melba Smith, as natural guardian for Thel- except as follows:
ma Smith 123–45–6789 P.O.D. Bartholomew (A) If there are several trustees des-
Smith. ignated as a board or they are required
(4) Executors and administrators. A to act as a unit, their names may be
bond may be registered in the name of omitted and the words ‘‘Board of
the representative appointed by a court Trustees’’ substituted for the word
to act for an estate of a decedent, or in ‘‘trustee’’. Example:
the name of an executor authorized to Board of Trustees of Immediate Relief Trust
administer a trust under the terms of a of Federal Aid Association, under trust in-
will although not named trustee. The denture dated 2/1/80, 12–3456789.
name and capacity of all the represent- (B) If the trustees do not constitute a
atives as shown in the letters of ap- board or are not required to act as a
pointment must be included in the reg- unit, and are too numerous to be des-
istration and be followed by an ade- ignated in the registration by names
quate indentifying reference to the es- and title, some or all the names may be
tate. Examples: omitted. Examples:
John H. Smith and Calvin N. Jones, execu- John A. Smith, Henry B. Jones, et al., trust-
tors of the will (or administrators of the ees under the will of Edwin O. Mann, de-
estate) of Robert J. Smith, deceased, 12– ceased, 12–3456789.
3456789. Trustees under the will of Edwin O. Mann,
John H. Smith, executor of the will of Rob- deceased, 12–3456789.
ert J. Smith, deceased, in trust for Mrs.
Jane L. Smith, with remainder over, 12– (6) Employee thrift, savings, vacation
3456789. and similar plans. A bond may be reg-
istered in the name and title, or title
(5) Trustees or life tenants under wills, alone, of the trustee of an eligible em-
deeds of trust, agreements, or similar in- ployee thrift, savings, vacation or simi-
struments. A bond may be registered in lar plan, as defined in § 353.13(a). If the
the name and title of the trustee of a instrument creating the trust provides
trust estate, or in the name of a life that the trustees shall serve for a lim-
tenant, followed by an adequate identi- ited term, their names may be omitted.
fying reference to the authority gov- Examples:
erning the trust or life tenancy. Exam-
ples: Tenth National Bank, trustee of Pension
Fund of Safety Manufacturing Company,
Thomas J. White and Tenth National Bank, U/A with the company, dated March 31,
trustees under the will of Robert J. Smith, 1980, 12–3456789.
deceased, 12–3456789. Trustees of Retirement Fund of Safety Man-
Jane N. Black 123–45–6789, life tenant under ufacturing Company, under directors’ reso-
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the will of Robert J. Black, deceased. lution adopted March 31, 1980, 12–3456789.
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§ 353.7 31 CFR Ch. II (7–1–08 Edition)
County Trust company, trustee of the Em- Principal, Western High School, in trust for
ployee Savings Plan of Jones Company, the Class of 1980 Library Fund, 12–3456789.
Inc., U/A dated January 17, 1980, 12–3456789. Director of Athletics, Western High School,
Trustee of the Employee Savings Plan of in trust for Student Activities Association,
Brown Brothers, Inc., U/A dated January under resolution adopted 5/12/80, 12–3456789.
20, 1980, 12–3456789.
(10) Public corporations, bodies, or offi-
(7) Funds of lodges, churches, societies, cers as trustees. A bond may be reg-
or similar organizations. A bond may be istered in the name of a public corpora-
registered in the title of the trustees, tion or a public body, or in the title of
or a board of trustees, holding funds in a public officer, acting as trustee under
trust for a lodge, church, or society, or express authority of law, followed by
similar organization, whether or not an appropriate reference to the statute
incorporated. Examples: creating the trust. Examples:
Trustees of the First Baptist Church, Akron, Rhode Island Investment Commission, trust-
OH, acting as a Board under section 15 of ee of the General Sinking Fund under Title
its bylaws, 12–3456789. 35, Ch. 8, Gen. Laws of Rhode Island.
Trustees of Jamestown Lodge No. 1000, Be- Superintendent of the Austin State Hos-
nevolent and Protective Order of Elks, pital Annex, in trust for the Benefit Fund
under section 10 of its bylaws, 12–3456789. under Article 3183C, Vernon’s Civ. Stat. of
Board of Trustees of Lotus Club, Wash- Texas Ann.
ington, IN, under Article 10 of its constitu- (c) Private organizations (corporations,
tion, 12–3456789. associations, partnerships)—(1) General.
(8) Investment agents for religious, edu- A bond may be registered in the name
cational, charitable and non-profit orga- of any private organization in its own
nizations. A bond may be registered in right. The full legal name of the orga-
the name of a bank, trust company, or nization as set forth in its charter, ar-
other financial institution, or an indi- ticles of incorporation, constitution,
vidual, as agent under an agreement partnership agreement, or other au-
with a religious, educational, chari- thority from which its powers are de-
table or non-profit organization, rived, must be included in the registra-
whether or not incorporated, if the tion and may be followed by a par-
agent holds funds for the sole purpose enthetical reference to a particular ac-
of investing them and paying the in- count other than a trust account.
come to the organization. The name (2) Corporations. A bond may be reg-
and designation of the agent must be istered in the name of a business, fra-
followed by an adequate reference to ternal, religious, non-profit, or other
the agreement. Examples: private corporation. The words ‘‘a cor-
poration’’ must be included in he reg-
Tenth National Bank, fiscal agent U/A with istration unless the fact of incorpora-
the Evangelical Lutheran Church of the tion is shown in the name. Examples:
Holy Trinity, dated 12/28/80, 12–3456789.
Sixth Trust Company, Investment Agent Smith Manufacturing Company, a corpora-
U/A dated September 16, 1980, with Central tion, 12–3456789.
City Post, Department of Illinois, Amer- Green and Redd, Inc., 12–3456789 (Deprecia-
ican Legion, 12–3456789. tion Acct.)
John Jones, Investment Agent U/A dated (3) Unincorporated associations. A bond
September 16, 1980, with Central City Post,
may be registered in the name of a
Department of Illinois, American Legion,
12–3456789.
club, lodge, society, or a similar self-
governing association which is unin-
(9) Funds of school groups or activities. corporated. The words ‘‘an unincor-
A bond may be registered in the title of porated association’’ must be included
the principal or other officer of a pub- in the registration. This form of reg-
lic, private, or parochial school holding istration must not be used for a trust
funds in trust for a student body fund fund, board of trustees, a partnership,
or for a class, group, or activity. If the or a sole proprietorship. If the associa-
amount purchased for any one fund tion is chartered by or affiliated with a
does not exceed $2,500 (face amount), no parent organization, the name or des-
reference need be made to a trust in- ignation of the subordinate or local or-
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Fiscal Service, Treasury § 353.10
by the name of the parent organiza- cer having custody of the funds. Exam-
tion. The name of the parent organiza- ples:
tion may be placed in parentheses and,
State of Maine.
if well known, may be abbreviated. Ex- Town of Rye, NY (Street Improvement
amples: Fund).
The Lotus Club, an unincorporated associa- Maryland State Highway Administration.
tion, 12–3456789. Treasurer, City of Chicago.
Local 447, Brotherhood of Railroad Train- (f) The United States Treasury. A per-
men, an unincorporated association, 12– son who desires to have a bond become
3456789.
the property of the United States upon
Eureka Lodge 317 (A.F. and A.M.), an unin-
corporated association, 12–3456789.
his or her death may designate the
United States Treasury as coowner or
(4) Partnerships. A bond may be reg- beneficiary. Examples:
istered in the name of a partnership.
George T. Jones 123–45–6789 or the United
The words ‘‘a partnership’’ must be in-
States Treasury.
cluded in the registration. Examples: George T. Jones 123–45–6789 P.O.D. the United
Smith & Jones, a partnership, 12–3456789. States Treasury.
Acme Novelty Company, a partnership, 12– [44 FR 76441, Dec. 26, 1979, as amended at 71
3456789. FR 46857, Aug. 15, 2006]
(5) Sole Proprietorships. A bond may be § 353.8 Chain letters prohibited.
registered in the name of an individual
who is doing business as a sole propri- The issuance of bonds in the further-
etor. A reference may be made to the ance of a chain letter or pyramid
trade name under which the business is scheme is considered to be against the
conducted. Example: public interest and is prohibited.
John Jones DBA Jones Roofing Company
123–45–6789. Subpart C—Limitations on Annual
Purchases
(d) Institutions (churches, hospitals,
homes, schools, etc.). A bond may be reg- § 353.10 Amounts which may be pur-
istered in the name of a church, hos- chased.
pital, home, school, or similar institu- The amount of savings bonds of Se-
tion conducted by a private organiza- ries EE and HH which may be pur-
tion or by private trustees, regardless chased and held, in the name of any
of the manner in which it is organized one person in any one calendar year, is
or governed or title to its property is computed according to the provisions
held. Descriptive words, such as ‘‘a cor- of § 353.11 and is limited as follows:
poration’’ or ‘‘an unincorporated asso- (a) Series EE—(1) General annual limi-
ciation’’, must not be included in the tation. $5,000 (principal amount).
registration. Examples: (2) Special limitation. $4,000 (face
Shriners’ Hospital for Crippled Children, St. amount) multiplied by the highest
Louis, MO, 12–3456789. number of employees participating in
St. Mary’s Roman Catholic Church, Albany, an eligible employee plan, as defined in
NY, 12–3456789. § 353.13, at any time during the cal-
Rodeph Shalom Sunday School, Philadel- endar year in which the bonds are
phia, PA, 12–3456789. issued.
(e) States, public bodies and corpora- (b) Series HH—(1) General annual limi-
tions, and public officers. A bond may be tation. $20,000 (face amount).
registered in the name of a State, (2) Special limitation. $200,000 (face
county, city, town, village, school dis- amount) for bonds received in a cal-
trict, or other political entity, public endar year as gifts by an organization
body, or corporation established by law which at the time of purchase was an
(including a board, commission, admin- exempt organization under the terms
istration, authority, or agency) which of 26 CFR 1.501(c)(3)–1.
is the owner or official custodian of [44 FR 76441, Dec. 26, 1979, as amended at 68
public funds, other than trust funds, or FR 24805, May 8, 2003; 72 FR 67853, Dec. 3,
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§ 353.11 31 CFR Ch. II (7–1–08 Edition)
[68 FR 24805, May 8, 2003] the bonds are credited to the accounts
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Fiscal Service, Treasury § 353.20
of the individuals from which the pur- cial limitation should submit to the
chase price was derived, in amounts designated Federal Reserve Bank or
corresponding with their shares. For Branch a copy of:
example, if $50 credited to the account (1) The plan, (2) any instructions
of John Jones is commingled with issued under the plan that concern Se-
funds credited to the accounts of other ries EE bonds, and (3) the trust agree-
employees to make a total of $5,000 ment, in order to establish the plan’s
with which a Series EE bond in the de- eligibility.
nomination of $10,000 (face amount) is (e) Vacation plans. Savings bonds may
purchased in December 1980 and reg- be purchased under certain vacation
istered in the name and title of the plans. Questions concerning the eligi-
trustee, the plan must provide, in ef- bility of these plans to purchase bonds
fect, that John Jones’ account be cred- in excess of the general limitation
ited to show that he is the owner of a should be addressed to the Bureau of
Series EE bond in the denomination of the Public Debt, Parkersburg, WV
$100 (face amount) bearing an issue 26101.
date of December 1, 1980.
(3) Irrevocable right of withdrawal. (31 U.S.C. 3105 and 3121)
Each participating employee has an ir- [44 FR 76441, Dec. 26, 1979, as amended at 48
revocable right to request and receive FR 55458, Dec. 13, 1983; 59 FR 10541, Mar. 4,
from the trustee all assets credited to 1994; 63 FR 64551, Nov. 20, 1998]
the employee’s account (or their value,
if the employee prefers) without regard Subpart D—Limitations on Transfer
to any conditions other than the loss
or suspension of the privilege of par-
or Pledge
ticipating further in the plan. A plan § 353.15 Transfer.
may limit or modify such right in any
manner required for qualification of Savings bonds are not transferable
the plan under section 401 of the Inter- and are payable only to the owners
nal Revenue Code of 1954, as amended named on the bonds, except as specifi-
(26 U.S.C. section 401). cally provided in these regulations and
(4) Rights of beneficiary. Upon the then only in the manner and to the ex-
death of an employee, his or her bene- tent so provided.
ficiary shall have the absolute and un-
conditional right to demand and re- § 353.16 Pledge.
ceive from the trustee all assets cred- A savings bond may not be hypoth-
ited to the account of the employee or ecated, pledged, or used as security for
their value, if he or she so prefers. the performance of an obligation.
(5) Reissue or payment upon distribu-
tion. When settlement is made with an
employee or his or her beneficiary with
Subpart E—Judicial Proceedings
respect to any bond registered in the § 353.20 General.
name and title of the plan trustee in
which the employee has a share, the (a) The Department of the Treasury
bond must be paid or reissued to the will not recognize a judicial determina-
extent of the share. If an employee or tion that gives effect to an attempted
the beneficiary is to receive distribu- voluntary transfer inter vivos of a
tion in kind, bonds bearing the same bond, or a judicial determination that
issue dates as those credited to the em- impairs the rights of survivorship con-
ployee’s account will be reissued in the ferred by these regulations upon a co-
name of the employee or the employ- owner or beneficiary. All provisions of
ee’s beneficiary to the extent entitled, this subpart are subject to these re-
in authorized denominations, in any strictions.
authorized form of registration, upon (b) The Department of the Treasury
the request and certification of the will recognize a claim against an owner
trustee. of a savings bond and conflicting
(d) Application for special limitation. A claims of ownership of, or interest in, a
trustee of an employee plan who de- bond between coowners or between the
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sires to purchase bonds under the spe- registered owner and the beneficiary, if
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§ 353.21 31 CFR Ch. II (7–1–08 Edition)
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Fiscal Service, Treasury § 353.24
court, under court seal, dated within Authorized. Public Debt Form 1522
six months of the presentation of the must specify: the contact point; the
bond, showing that the judgment, de- issue date of each bond; the serial num-
cree, or court order is in full force. ber for each bond; the date of for-
(b) Trustee in bankruptcy or receiver of feiture; the forfeiture fund to which
an insolvent’s estate. A request for pay- payment is to be made; and be signed
ment by a trustee in bankruptcy or a by an individual authorized by the for-
receiver of an insolvent’s estate must feiting agency. The forfeited bonds and
be supported by appropriate evidence of the completed Public Debt Form 1522
appointment and qualification. The are to be mailed to the Department of
evidence must be certified by the clerk the Treasury, Bureau of the Public
of the court, under court seal, as being Debt, Parkersburg, WV 26106–1328.
in full force on a date that is not more (b) Forfeiture of bond. (1) Upon receipt
than six months prior to the presen- and review of the Public Debt Form
tation of the bond. 1522, as described in (a)(4) above, the
(c) Receiver in equity or similar court Bureau of the Public Debt will make
officer. A request for payment by a re- payment to the forfeiture fund speci-
ceiver in equity or a similar court offi- fied on the form.
cer, other than a receiver of an
(2) The Bureau of the Public Debt
insolvent’s estate, must be supported
will record the forfeiture, the for-
by a copy of an order that authorizes
the presentation of the bond for re- feiture fund into which the proceeds
demption, certified by the clerk of the were paid, the contact point, and any
court, under court seal, as being in full related information.
force on a date that is not more than (3) The Bureau of the Public Debt
six months prior to the presentation of will rely exclusively upon the informa-
the bond. tion provided by the Federal agency in
the Public Debt Form 1522 and will not
§ 353.24 Payment pursuant to judicial make any independent evaluation of
or administrative forfeiture. the validity of the forfeiture order, the
(a) Definitions. As used in this part: request for payment, or the authority
(1) Contact point means the individual of the individual signing the request
designated to receive referrals from the for payment.
Bureau of the Public Debt, as provided (4) The amount paid is limited to the
for in this section, by the Federal in- redemption value of the savings bonds
vestigative agency, United States At- as of the date of forfeiture specified in
torney’s Office, or forfeiting agency the Public Debt Form 1522.
specified in Public Debt Form 1522. (c) Inquiry from previous owner. (1)
(2) Forfeiting agency means the fed- Upon payment made pursuant to (b),
eral law enforcement agency respon- all inquiries from the previous owner,
sible for the forfeiture. including requests for payment, re-
(3) Forfeiture—(i) Administrative for- issue, or applications for relief, related
feiture means the process by which to forfeited savings bonds will be re-
property may be forfeited by a Federal ferred by the Bureau of the Public Debt
agency rather than through judicial to the contact point named in the Pub-
proceedings. lic Debt Form 1522.
(ii) Judicial forfeiture means either a (2) The Bureau of the Public Debt
civil or a criminal proceeding in a will notify the submitter of the inquiry
United States District Court that may of the referral to the contact point.
result in a final judgment and order of (3) The Bureau of the Public Debt
forfeiture. will not investigate the inquiry and
(4) Public Debt Form 1522 means the will defer to the forfeiting agency’s de-
written notification of the forfeiture termination of the appropriate course
provided by the forfeiting agency to of action, including settlement where
the Bureau of the Public Debt on a
appropriate. Any settlement will be
Public Debt Form 1522 Special Form of
paid from the forfeiture fund into
Request for Payment of United States
which the proceeds were deposited.
Savings and Retirement Securities
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§ 353.25 31 CFR Ch. II (7–1–08 Edition)
Subpart F—Relief for Loss, Theft, ents will ordinarily be required to join
Destruction, Mutilation, De- in the application.
(e) If the application is approved, re-
facement, or Nonreceipt of lief will be granted either by the
Bonds issuance of a bond bearing the same
§ 353.25 General. issue date as the bond for which the
claim was filed or by the issuance of a
Relief, by the issue of a substitute check in payment.
bond or by payment, is authorized for
the loss, theft, destruction, mutilation, § 353.27 Application for relief—Non-re-
or defacement of a bond after receipt ceipt of bond.
by the owner or his or her representa- If a bond issued on any transaction is
tive. As a condition for granting relief, not received, the issuing agent must be
the Commissioner of the Public Debt, notified as promptly as possible and
as designee of the Secretary of the given all information about the non-re-
Treasury, may require a bond of indem- ceipt. An appropriate form and instruc-
nity, in the form, and with the surety, tions will be provided. If the applica-
or security, he considers necessary to tion is approved, relief will be granted
protect the interests of the United by the issuance of a bond bearing the
States. In all cases the savings bond same issue date as the bond that was
must be identified by serial number not received. Also, relief is authorized
and the applicant must submit satis- for the issuance of bonds for which the
factory evidence of the loss, theft, or Secretary has not received payment, in
destruction, or a satisfactory expla- order to preserve public confidence in
nation of the mutilation or deface- dealing with issuing agents.
ment.
[63 FR 64551, Nov. 20, 1998]
§ 353.26 Application for relief—After
receipt of bond. § 353.28 Recovery or receipt of bond
before or after relief is granted.
(a) If the serial numbers of the lost,
stolen, or destroyed bonds are known, (a) If a bond reported lost, stolen, de-
the claimant should execute an appli- stroyed, or not received, is recovered or
cation for relief on the appropriate received before relief is granted, the
form and submit it to the Bureau of Bureau of the Public Debt, Parkers-
the Public Debt, Parkersburg, WV burg, WV 26101, must be notified
26101. promptly.
(b) If the bond serial number is not (b) A bond for which relief has been
known, the claimant must provide suf- granted is the property of the United
ficient information to enable the Bu- States and, if recovered, must be
reau of the Public Debt to identify the promptly submitted to the Bureau of
bond by serial number. See § 353.29(c). the Public Debt, Parkersburg, WV
The Bureau will furnish the proper ap- 26101, for cancellation.
plication form and instructions.
(c) If applicable, a defaced bond and § 353.29 Adjudication of claims.
all available fragments of a mutilated (a) General. The Bureau of the Public
bond should be submitted to the Bu- Debt will adjudicate claims for lost,
reau. stolen or destroyed bonds on the basis
(d) The application must be made by of records created and regularly main-
the person or persons (including both tained in the ordinary course of busi-
coowners, if living) authorized under ness.
these regulations to request payment (b) Claims filed 10 years after payment.
of the bond. In addition: A bond for which no claim has been
(1) If the bond is in beneficiary form filed within 10 years of the recorded
and the owner and beneficiary are both date of redemption will be presumed to
living, both will ordinarily be required have been properly paid. If a claim is
to join in the application. subsequently filed, a photographic copy
(2) If a minor named on a bond as of the bond will not be available to sup-
owner, coowner, or beneficiary is not of port the disallowance.
sufficient competency and under- (c) Claims filed six years after final ma-
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standing to request payment, both par- turity. No claim filed six years or more
348
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Fiscal Service, Treasury § 353.31
after the final maturity of a savings delivery address provided to the Bu-
bond will be entertained unless the reau. Deposit account information for
claimant supplies the serial number of ACH payments shall be provided on the
the bond. form designated by the Bureau. Series
H interest payments made by the ACH
Subpart G—Interest method are governed by the regula-
tions at 31 CFR part 370.
§ 353.30 Series EE bonds.
(Approved by the Office of Management and
Series EE bonds are issued at a dis- Budget under control number 1535–0094)
count. The accrued interest is added to
the issue price at stated intervals and (c) Delivery of interest. Notices affect-
is payable only at redemption as part ing the delivery of interest payments.
of the redemption value. Information To ensure appropriate action, notices
regarding interest rates and redemp- affecting the delivery of interest pay-
tion values is found in Department of ments on Series HH bonds must be re-
the Treasury Circular, Public Debt Se- ceived by the Bureau of the Public
ries No. 1–80 (31 CFR part 351). Debt, Parkersburg, WV 26102–1328, at
least one month prior to the interest
§ 353.31 Series HH bonds. payment date. Each notice must in-
(a) General. Series HH bonds are cur- clude the owner or coowner’s name and
rent income bonds issued at par (face the taxpayer identifying number ap-
amount). Interest on a Series HH bond pearing on the account under which
is paid semiannually beginning six records of the bonds are maintained.
months from the issue date. Interest (d) Reissue during interest period.
ceases at final maturity, or, if the bond Physical reissue of a Series HH bond
is redeemed prior to final maturity, as may be made without regard to inter-
of the end of the interest period last est payment dates. The Series HH in-
preceding the date of redemption. For terest accounts maintained by the Bu-
example, if a bond on which interest is reau of the Public Debt will be closed
payable on January 1 and July 1 is re- in the first week of the month pre-
deemed on September 1, interest ceases ceding each interest payment date, and
as of the preceding July 1, and no in- payments will be made pursuant to the
terest will be paid for the period from information contained in the accounts
July 1 to September 1. However, if the as of the date they are closed.
redemption date falls on an interest (e) Endorsement of checks. Interest
payment date, interest ceases on that checks must be endorsed in accordance
date. Information regarding interest with the regulations governing the
rates is found in Department of the payment of fiscal agency checks, as
Treasury Circular, Public Debt Series contained in 31 CFR part 355.
No. 2–80, current revision (31 CFR part (f) Payment of interest by the ACH
352). method—(1) Submission of deposit account
(b) Payment of interest. Series HH information. Payments on all Series HH
bond interest accounts are maintained bonds assigned to the same account
by the Bureau of the Public Debt, Par- maintained by the Bureau must be
kersburg, WV. Interest on bonds issued made to the same deposit account at a
on or after October 1, 1989 will be paid financial institution.
on each interest due date by the Auto- (2) Deposit account held by individuals
mated Clearing House (ACH) method to in their own right. Where the Series HH
the owner or coowner’s account at a fi- bonds are registered in the name of in-
nancial institution, unless the Bureau dividual(s) as sole owner, or as owner
determines that extraordinary cir- and beneficiary, and the deposit ac-
cumstances warrant payment by check count at the financial institution is
or other means. Interest on bonds held in the name of individual(s) in
issued prior to October 1, 1989, is pay- their own right, the owner’s name must
able by check drawn to the order of the appear on the deposit account. Where
owner or both coowners or, upon re- the bonds are registered in the names
quest, by the ACH method to the owner of two individuals as coowners and the
or coowner’s account at a financial in- deposit account is held in the name of
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stitution. Checks will be mailed to the individual(s) in their own right, the
349
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§ 353.35 31 CFR Ch. II (7–1–08 Edition)
registration of the bonds and the title (6) Rules. Series HH interest pay-
of the account must contain at least ments made by the ACH method are
one name that is common to both. The governed by the regulations at 31 CFR
deposit account to which the interest part 370.
payments are directed should pref- (7) Nonreceipt or loss of interest pay-
erably be established in a form iden- ment. The Bureau of the Public Debt,
tical to the registration of the bonds to Parkersburg, WV 26102 should be noti-
ensure that rights of ownership and fied if:
survivorship can be more easily identi- (i) An interest check is not received
fied and preserved. Neither the United or is lost after receipt or
States nor any Federal Reserve Bank (ii) An ACH payment is not credited
shall be liable for any loss sustained to the designated account and the fi-
because the interest of the holder(s) of nancial institution has no record of re-
a deposit account to which payments ceiving it. The notice should include
are made are not the same as the the owner or coowner’s name and tax-
owner(s) of the bonds. payer identifying number and the in-
(3) Deposit account held by organiza- terest payment date.
tion. Where the deposit account to [54 FR 40254, Sept. 29, 1989, as amended at 59
which interest payments are to be di- FR 10541, Mar. 4, 1994; 64 FR 40487, July 26,
rected is held in the name of the finan- 1999]
cial institution itself acting as sole
trustee, or as co-trustee, or is the name Subpart H—General Provisions for
of a commercially-managed investment Payment
fund, the owner or coowner should in-
quire whether the financial institution § 353.35 Payment (redemption).
is able to receive ACH payments; if
(a) General. Payment of a savings
not, the owner or coowner should make
bond will be made to the person or per-
alternative arrangements.
sons entitled under the provisions of
(4) Financial institution cannot accept these regulations, except that checks
ACH payments. If after submission of in payment will not be delivered to ad-
deposit account information, it is de- dresses in areas with respect to which
termined that ACH payments cannot the Department of the Treasury re-
be accepted by the designated financial stricts or regulates the delivery of
institution, pending receipt of new de- checks drawn against funds of the
posit account information, payment United States. See Department of the
will be made by check drawn to the Treasury Circular No. 655, current revi-
registered owner or both coowners and sion (31 CFR part 211). Payment will be
mailed to the address of record. made without regard to any notice of
(5) Cancellation of ACH arrangement. adverse claims to a bond and no stop-
(i) Bonds issued on or after October 1, page or caveat against payment of a
1989. As set forth in paragraph (b) of bond will be entered.
this section and in the Series HH offer- (b) A Series EE bond issued on Janu-
ing contained in Circular No. 2–80, in- ary 1, 2003, or earlier, will be paid at
terest on Series HH bonds issued on or any time after 6 months from its issue
after October 1, 1989, will be paid by the date. A Series EE bond issued on Feb-
ACH method. In the absence of extraor- ruary 1, 2003, or thereafter, will be paid
dinary circumstances, a request to dis- at any time after 12 months from its
continue payment by the ACH method issue date. Bonds will be paid at the
in favor of payment by check will not current redemption value shown in De-
be accepted. partment of the Treasury Circular,
(ii) Bonds issued prior to October 1, Public Debt Series No. 1–80 (31 CFR
1989. An ACH arrangement established part 351).
for Series HH bonds issued prior to Oc- (c) Series HH. A Series HH bond will
tober 1, 1989, shall remain in effect be paid at any time after six months
until it is terminated by a request from from issue date. A Series HH bond
the owner or coowner submitted to the issued in an authorized exchange or re-
Bureau of the Public Debt, Parkers- investment transaction will be paid at
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Fiscal Service, Treasury § 353.39
cash will be paid at the current re- § 353.39 Surrender for payment.
demption value shown in Department (a) Procedure for bonds of Series EE, in
of the Treasury Circular, Public Debt the names of individual owners or co-
Series No. 2–80, Second Revision (31 owners only. An individual who is the
CFR part 352). If the bond is redeemed owner or coowner of a Series EE bond
at less than face value, the difference may present the bond to an authorized
represents an adjustment of interest. paying agent for redemption. The pre-
In any case where Series HH bonds are senter must be prepared to establish
surrendered to a designated Federal his or her identity in accordance with
Reserve Bank or Branch or the Bureau Treasury instructions and identifica-
of the Public Debt, Parkersburg, WV tion guidelines. The owner or coowner
26106–1328, for redemption in the month must sign the request for payment on
prior to an interest payment date, re- the bond or, if authorized, on a sepa-
demption will not be deferred but will rate detached request, and add his or
be made in regular course, unless the her address. If the request for payment
presenter specifically requests that the has been signed, or signed and cer-
transaction be delayed until that date. tified, before presentation of the bond,
A request to defer redemption made the paying agent must be satisfied that
more than one month preceding the in- the person presenting the bond for pay-
terest payment date will not be accept- ment is the owner or coowner and may
require the person to sign the request
ed.
for payment again. If the bond is in
[44 FR 76441, Dec. 26, 1979, as amended at 51 order for payment, the paying agent
FR 23754, July 1, 1986; 59 FR 10541, Mar. 4, will make immediate payment at the
1994; 68 FR 2667, Jan. 17, 2003; 68 FR 7427, Feb. current redemption value without
14, 2003] charge to the presenter. Paying agents
are not authorized to process any case
§ 353.36 Payment during life of sole involving partial redemption or any
owner. case in which supporting evidence is re-
A savings bond registered in single quired.
ownership form (i.e., without a co- (b) Procedure for all other cases. In the
owner or beneficiary) will be paid to case of bonds to which the procedure in
the owner during his or her lifetime paragraph (a) of this section, does not
upon surrender with an appropriate re- apply, or if otherwise preferred, the
quest. owner or coowner, or other person enti-
tled to payment, should appear before
§ 353.37 Payment during lives of both an officer authorized to certify re-
coowners. quests for payment, establish his or her
identity, sign the request for payment,
A savings bond registered in co-
and provide information as to the ad-
ownership form will be paid to either
dress to which the check in payment is
coowner upon surrender with an appro-
to be mailed. The bond must be for-
priate request, and upon payment (as
warded to a designated Federal Reserve
determined in § 353.43), the other co-
Bank or Branch or the Bureau of the
owner will cease to have any interest
Public Debt. Usually, payment will be
in the bond. If both coowners request expedited by submission to a des-
payment, payment will be made by ignated Federal Reserve Bank or
check drawn in the form, ‘‘John A. Branch. In all cases, the cost and risk
Jones AND Mary C. Jones’’. of presentation of a bond will be borne
by the owner. Payment will be made by
§ 353.38 Payment during lifetime of
owner of beneficiary bond. check drawn to the order of the reg-
istered owner or other person entitled
A savings bond registered in bene- and will be mailed to the address re-
ficiary form will be paid to the reg- quested.
istered owner during his or her lifetime (c) Date of request. Requests executed
upon surrender with an appropriate re- more than six months before the date
quest. Upon payment (as determined in of receipt of a bond for payment will
§ 353.43) the beneficiary will cease to not be accepted. Neither will a bond be
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§ 353.40 31 CFR Ch. II (7–1–08 Edition)
a date more than three months in the should provide that the authority
future. granted will not be affected by the sub-
[44 FR 76441, Dec. 26, 1979, as amended at 59 sequent incompetence or incapacity of
FR 10541, Mar. 4, 1994] the grantor. Medical evidence or other
proof of the grantor’s condition may be
§ 353.40 Special provisions for pay- required in any case.
ment.
[45 FR 64091, Sept. 26, 1980, as amended at 57
(a) Owner’s signature not required. A
FR 39602, Sept. 1, 1992; 59 FR 10541, Mar. 4,
bond may be paid by a paying agent or 1994]
a designated Federal Reserve Bank
without the owner’s signature to the § 353.41 Partial redemption.
request for payment, if the bond bears
the special endorsement of a paying A bond of Series EE or HH may be re-
agent specifically qualified to place deemed in part at current redemption
such an endorsement on savings bonds. value, but only in amounts cor-
(b) Signature by mark. A signature by responding to authorized denomina-
mark (X) must be witnessed by at least tions, upon surrender of the bond to a
one disinterested person and a certi- designated Federal Reserve Bank or
fying officer. See subpart J. The wit- Branch or to the Bureau of the Public
ness must attest to the signature by Debt in accordance with § 353.39(b). In
mark substantially as follows: ‘‘Wit- any case in which partial redemption is
ness to signature by mark’’, followed requested, the phrase ‘‘to the extent of
by his or her signature and address. $ll (face amount) and reissue of the
(c) Name change. If the name of the remainder’’ should be added to the re-
owner, coowner, or other person enti- quest. Upon partial redemption of the
tled to payment, as it appears in the bond, the remainder will be reissued as
registration or in evidence on file in of the original issue date, as provided
the Bureau of the Public Debt, has in subpart I.
been changed in any legal manner, the
signature to the request for payment [44 FR 76441, Dec. 26, 1979, as amended at 59
must show both names and the manner FR 10541, Mar. 4, 1994]
in which the change was made; for ex-
ample, ‘‘Mary T. Jones Smith (Mary T. § 353.42 Nonreceipt or loss of check
J. Smith or Mary T. Smith) changed by issued in payment.
marriage from Mary T. Jones’’, or If a check in payment of a bond sur-
‘‘John R. Young, changed by order of rendered for redemption is not received
court from Hans R. Jung’’. See § 353.50. within a reasonable time or is lost
(d) Attorneys-in-fact. A request for after receipt, notice should be given to
payment, reinvestment, or exchange the same agency to which the bond was
executed by an attorney-in-fact will be surrendered for payment. The notice
recognized if it is accompanied by a should give the date the bond was sur-
copy of the power of attorney which rendered for payment and describe the
meets the following requirements: bond by series, denomination, serial
(1) The power of attorney must bear number, and registration, including the
the grantor’s signature, properly cer- taxpayer identifying number of the
tified or notarized, in accordance with owner.
applicable State law;
(2) The power of attorney must grant, § 353.43 Effective date of request for
by its terms, authority for the attor- payment.
ney-in-fact to sell or redeem the
grantor’s securities, sell his or her per- The Department of the Treasury will
sonal property, or, otherwise contain treat the receipt of a bond with an ap-
similar authority; and propriate request for payment by:
(3) In the case of a grantor who has (a) A Federal Reserve Bank or
become incapacitated, the power of at- Branch, (b) the Bureau of the Public
torney must conform with pertinent Debt, or (c) a paying agent authorized
provisions of State law concerning its to pay that bond, as the date upon
durability. Generally, in such cir- which the rights of the parties are
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Fiscal Service, Treasury § 353.47
§ 353.44 Withdrawal of request for pay- the bond will be regarded as having
ment. been reissued in the decedent’s life-
(a) Withdrawal by owner or coowner. time.
An owner or coowner, who has surren-
§ 353.47 Authorized reissue—during
dered a bond to a Federal Reserve Bank lifetime.
or Branch or to the Bureau of the Pub-
lic Debt or to an authorized paying A bond belonging to an individual
agent with an appropriate request for may be reissued in any authorized form
payment, may withdraw the request if of registration upon an appropriate re-
notice of intent to withdraw is received quest for the purposes outlined below.
by the same agency prior to payment (a) Single ownership. A bond reg-
either in cash or through the issuance istered in single ownership form may
of the redemption check. be reissued—
(b) Withdrawal on behalf of deceased (1) To add a coowner or beneficiary;
owner or incompetent. A request for pay- or
ment may be withdrawn under the (2) To name a new owner, with or
same conditions as in paragraph (a) of without a coowner or beneficiary, but
this section by the executor or admin- only if:
istrator of the estate of a deceased (i) The new owner is related to the
owner or by the person or persons who previous owner by blood (including
could have been entitled to the bond legal adoption) or marriage; (ii) the
under Subpart L, or by the legal rep- previous owner and the new owner are
resentative of the estate of a person parties to a divorce or annulment; or
under legal disability, unless surrender (iii) the new sole owner is the trustee
of the bond for payment has eliminated of a personal trust estate which was
the interest of a surviving coowner or created by the previous owner or which
beneficiary. See § 353.70 (b) and (c). designates as beneficiary either the
previous owner or a person related to
Subpart I—Reissue and him or her by blood (including legal
Denominational Exchange adoption) or marriage.
(b) Coownership—(1) Reissue—to name
§ 353.45 General. a related individual as owner or coowner.
Reissue of a bond may be made only During the lifetime of both coowners, a
under the conditions specified in these coownership bond may be reissued in
regulations, and only at: the name of another individual related
(a) A Federal Reserve Bank or by blood (including legal adoption) or
Branch, or marriage to either coowner:
(b) The Bureau of the Public Debt. (i) As single owner,
Reissue will not be made if the request (ii) As owner with one of the original
is received less than one full calendar coowners as beneficiary, or
month before the final maturity date (iii) As a new coowner with one of the
of a bond. The request, however, will be original coowners.
effective to establish ownership as (2) Reissue—to name either coowner
though the requested reissue had been alone or with another individual as co-
made. owner or beneficiary. During the life-
time of both coowners, a coownership
§ 353.46 Effective date of request for bond may be reissued in the name of ei-
reissue. ther coowner alone or with another in-
The Department of the Treasury will dividual as coowner or beneficiary if:
treat the receipt by: (a) A Federal Re- (i) After issue of the submitted bond,
serve Bank or Branch or (b) the Bureau either coowner named thereon marries,
of the Public Debt of a bond and an ac- or the coowners are divorced or legally
ceptable request for reissue as deter- separated from each other, or their
mining the date upon which the rights marriage is annulled; or
of the parties are fixed for the purpose (ii) Both coowners on the submitted
of reissue. For example, if the owner or bond are related by blood (including
either coowner of a bond dies after the legal adoption) or marriage to each
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§ 353.48 31 CFR Ch. II (7–1–08 Edition)
354
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Fiscal Service, Treasury § 353.58
the Commonwealth of Puerto Rico; any Director of Finance of Guam; the Gov-
United States Commissioner, United ernor and the Director of Administra-
States Attorney, or United States Col- tive Services of American Samoa; or
lector of Customs, including their dep- designated officers of the Panama
uties; in the Internal Revenue Service, Canal Commission.
any Regional Commissioner, District (e) Special provisions. If no certifying
Director, Service Center Director, or officer is readily accessible, the Com-
Internal Revenue agent. missioner of the Public Debt, Deputy
(b) Officers with limited authority—(1) Commissioner, any Assistant Commis-
In the Armed Forces. Any commissioned sioner, or other designated official of
officer or warrant officer of the Armed
the Bureau or of a Federal Reserve
Forces of the United States, but only
Bank or Branch is authorized to make
for members of the respective services,
their families, and civilian employees special provision for any particular
at posts, bases, or stations. The certi- case.
fying officer must indicate his or her
§ 353.56 General instructions and li-
rank and state that the individual ability.
signing the request is one of the class
whose request the certifying officer is (a) The certifying officer must: (1)
authorized to certify. Require the person presenting a bond,
(2) At the Veterans Administration, or an appropriate Public Debt trans-
Federal penal institutions, and United action form, to establish his or her
States Public Health Service hospitals. identity in accordance with Depart-
Any officer in charge of a home, hos- ment of the Treasury instructions and
pital, or other facility of the Veterans identification guidelines;
Administration, but only for the pa- (2) Place a notation on the back of
tients, or employees of the facility; any the bond or on the appropriate Public
officer of a Federal penal institution or Debt transaction form, or in a separate
a United States Public Health Service record, showing exactly how identifica-
hospital expressly authorized to certify tion was established; and
by the Secretary of the Treasury or his
(3) Affix, as part of the certification,
designee, but only for the inmates, pa-
his or her official signature, title, seal
tients or employees of the institution
involved. Officers of Veterans Adminis- or issuing or paying agent’s stamp, ad-
tration facilities, Federal penal insti- dress, and the date of execution.
tutions, and Public Health Service hos- (b) The certifying officer and, if such
pitals must use the stamp or seal of the person is an officer or an employee of
particular institution or service. an organization, the organization will
(c) Authorized officers in foreign coun- be held fully responsible for the ade-
tries. Any United States diplomatic or quacy of the identification.
consular representative, or the officer
of a foreign branch of a bank or trust § 353.57 When a certifying officer may
company incorporated in the United not certify.
States whose signature is attested by Certifying officers may not certify
an imprint of the corporate seal or is the requests for payment of bonds, or
certified to the Department of the appropriate Public Debt transaction
Treasury. If none of these individuals forms if, in their own right or in a rep-
is available, a notary public or other resentative capacity, they—
officer authorized to administer oaths (a) Have an interest in the bonds, or
may certify, but his or her official (b) Will, by virtue of the requests
character and jurisdiction must be cer-
being certified, acquire an interest in
tified by a United States diplomatic or
the bonds.
consular officer under seal of his or her
office. § 353.58 Forms to be certified.
(d) Authorized officers in particular lo-
calities. The Governor and the Treas- When required in the instructions on
urer of Puerto Rico; the Governor and a Public Debt transaction form, the
the Commissioner of Finance of the form must be signed before an author-
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§ 353.60 31 CFR Ch. II (7–1–08 Edition)
356
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Fiscal Service, Treasury § 353.70
(b) Reinvestment of bonds. If the tate a legal representative has been ap-
bonds have finally matured and it is pointed is permitted only if supported
desired to redeem them and reinvest by evidence that a court has authorized
the proceeds in other savings bonds, the representative of the minor’s or
the new bonds must be registered in incompetent’s estate to request the re-
the name of the incapacitated person, issue. See § 353.23.
followed by words showing that he or Except to the extent provided in para-
she is under voluntary guardianship; graphs (a) through (d) of this section,
for example, ‘‘John Jones 123–45–6789, reissue will be restricted to a form of
under voluntary guardianship’’. A liv- registration which does not adversely
ing coowner or beneficiary named on affect the existing ownership or inter-
the matured bonds must be designated est of a minor who is not of sufficient
on the new bonds, unless such person understanding to make a request, or
furnishes a certified statement con- other person under legal disability. Re-
senting to omission of his or her name. quests for reissue should be executed
If an amount insufficient to purchase by the person authorized to request
an additional bond of any authorized payment under §§ 353.60 and 353.63, or
denomination of either series remains the person who may request
after the reinvestment, the voluntary
recognization as voluntary guardian
guardian may furnish additional funds
under § 353.64.
sufficient to purchase another bond of
either series of the lowest available de- [44 FR 76441, Dec. 26, 1979. Redesignated at 57
nomination. If additional funds are not FR 39602, Sept. 1, 1992]
furnished, the remaining amount will
be paid to the voluntary guardian for Subpart L—Deceased Owner,
the use and benefit of the incapacitated Coowner or Beneficiary
person.
(c) Exchange of bonds. The provisions § 353.70 General rules governing enti-
for reinvestment of the proceeds of ma- tlement.
tured bonds are equally applicable to The following rules govern ownership
any authorized exchange of bonds of or entitlement where one or both of the
one series for those of another. persons named on a bond have died
[57 FR 39602, Sept. 1, 1992] without the bond having been surren-
dered for payment or reissue:
§ 353.65 Reissue. (a) Single owner bond. If the owner of
A bond on which a minor or other a bond registered in single ownership
person under legal disability is named form has died, the bond becomes the
as the owner or coowner, or in which he property of that decedent’s estate, and
or she has an interest, may be reissued payment or reissue will be made as pro-
under the following conditions: vided in this subpart.
(a) A minor for whose estate no rep- (b) Coowner bond—(1) One coowner de-
resentative has been appointed may re- ceased. If one of the coowners named on
quest reissue if the minor is of suffi- a bond has died, the surviving coowner
cient competency to sign his or her will be recognized as the sole and abso-
name to the request and to understand lute owner, and payment or reissue will
the nature of the transaction. be made as though the bond were reg-
(b) A bond on which a minor is named istered in the name of the survivor
as beneficiary or coowner may be re- alone. Any request for reissue by the
issued in the name of a custodian for surviving coowner must be supported
the minor under a statute authorizing by proof of death of the other coowner.
gifts to minor upon the request of the (2) Both coowners deceased. If both co-
adult whose name appears on the bond owners named on a bond have died, the
as owner or coowner. bond becomes the property of the es-
(c) A minor coowner for whose estate tate of the coowner who died last, and
no representative has been appointed, payment or reissue will be made as if
may be named sole owner upon the re- the bond were registered in the name of
quest of the competent coowner. the last deceased coowner alone. Proof
(d) Reissue to eliminate the name of of death of both coowners will be re-
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a minor or incompetent for whose es- quired to establish the order of death.
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§ 353.71 31 CFR Ch. II (7–1–08 Edition)
(3) Simultaneously death of both co- sons entitled may request payment or
owners. If both coowners die under con- reissue of savings bonds. A certified
ditions where it cannot be established, copy of the court-approved final ac-
either by presumption of law or other- counting for the estate, the court’s de-
wise, which coowner died first, the cree of distribution, or other appro-
bond becomes the property of both priate evidence is required.
equally, and payment or reissue will be (c) Special provisions under the law of
made accordingly. the jurisdiction of the decedent’s domicile.
(c) Beneficiary bond—(1) Owner de- If there is no formal or regular admin-
ceased. If the owner of a bond reg- istration and no representative of the
istered in beneficiary form has died and estate is to be appointed, the person
is survived by the beneficiary, upon appointed to receive or distribute the
proof of death of the owner, the bene- assets of a decedent’s estate without
ficiary will be recognized as the sole regular administration under applica-
and absolute owner of the bond. Pay- ble local law summary or small estates
ment or reissue will be made as though procedures may request payment or re-
the bond were registered in the sur- issue of savings bonds. Appropriate evi-
vivor’s name alone. A request for pay- dence is required.
ment or reissue by the beneficiary (d) When administration is required. If
must be supported by proof of death of the total redemption value of the
the owner. Treasury securities and undelivered
(2) Beneficiary deceased. If the bene- payments, if any, held directly on our
ficiary’s death occurs before, or simul- records that are the property of the de-
taneously with, that of the registered cedent’s estate is greater than $100,000,
owner, payment or reissue will be made administration of the decedent’s estate
as though the bond were registered in will be required. The redemption value
the owner’s name alone. Proof of death of savings bonds and the principal
of the owner and beneficiary is re- amount of marketable securities will
quired to establish the order of death. be used to determine the value of secu-
(d) Nonresident aliens. If the person rities, and will be determined as of the
who becomes entitled to a bond be- date of death. Administration may also
cause of the death of an owner is an be required at the discretion of the De-
alien who is a resident of an area with partment for any case.
respect to which the Department of the (e) Voluntary representative for small
Treasury restricts or regulates the de- estates that are not being otherwise ad-
livery of checks drawn against funds of ministered—(1) General. A voluntary
the United States or its agencies or in- representative is a person qualified ac-
strumentalities, delivery of the re- cording to paragraph (e)(3) of this sec-
demption check will not be made so tion, to redeem or distribute a dece-
long as the restriction applies. See De- dent’s savings bonds. The voluntary
partment of the Treasury Circular No. representative procedures are for the
655, current revision (31 CFR part 211). convenience of the Department; enti-
tlement to the decedent’s savings
§ 353.71 Decedent’s estate. bonds and held payments, if any, is de-
(a) Estate is being administered. (1) A termined by the law of the jurisdiction
legal representative of a deceased own- in which the decedent was domiciled at
er’s estate may request payment of the date of death. Voluntary represent-
savings bonds to the estate, or may dis- ative procedures may be used only if:
tribute the savings bonds to the per- (i) There has been no administration,
sons entitled. no administration is contemplated, and
(2) Appropriate proof of appointment no summary or small estate procedures
for the legal representative of the es- under applicable local law have been
tate is required. Letters of appoint- used;
ment must be dated not more than one (ii) The total redemption value of the
year prior to the date of submission of Treasury securities and held payments,
the letters of appointment. if any, held directly on our records
(b) Estate has been settled previously. If that are the property of the decedent’s
the estate has been settled previously estate is $100,000 or less as of the date
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Fiscal Service, Treasury § 353.75
(iii) There is a person eligible to United States and all creditors and per-
serve as the voluntary representative sons entitled to the estate of the dece-
according to paragraph (e)(3) of this dent. The amount of the indemnifica-
section. tion is limited to an amount no greater
(2) Authority of voluntary representa- than the value received by the vol-
tive. A voluntary representative may: untary representative.
(i) Redeem the decedent’s savings (f) Creditor. If there has been no ad-
bonds that are eligible for redemption ministration, no administration is con-
on behalf of the persons entitled by the templated, no summary or small estate
law of the jurisdiction in which the de- procedures under applicable local law
cedent was domiciled at the date of have been used, and there is no person
death; eligible to serve as a voluntary rep-
(ii) Distribute the decedent’s savings resentative pursuant to paragraph (e)
bonds to the persons entitled by the of this section, then a creditor may
law of the jurisdiction in which the de- make a claim for the amount of the
cedent was domiciled at the date of debt, providing the debt has not been
death. barred by applicable local law.
(3) Order of precedence for voluntary
[70 FR 57430, Sept. 30, 2005]
representative. An individual eighteen
years of age or older may act as a vol- § 353.72 [Reserved]
untary representative according to the
following order of precedence: A sur-
viving spouse; if there is no surviving Subpart M—Fiduciaries
spouse, then a child of the decedent; if
there are none of the above, then a de- § 353.75 Payment or reissue during the
existence of the fiduciary estate.
scendant of a deceased child of the de-
cedent; if there are none of the above, (a) Payment or reissue before matu-
then a parent of the decedent; if there rity—(1) Request from the fiduciary
are none of the above, then a brother named in the registration. A request for
or sister of the decedent; if there are reissue or payment prior to maturity
none of the above, then a descendant of must be signed by all of the fiduciaries
a deceased brother or sister of the dece- unless by statute, decree of court, or
dent; if there are none of the above, the terms of the governing instrument,
then a next of kin of the decedent, as any lesser number may properly exe-
determined by the law of the jurisdic- cute the request. If the fiduciaries
tion in which the decedent was domi- named in the registration are still act-
ciled at the date of death. As used in ing, no further evidence will be re-
this order of precedence, child means a quired. In other cases, evidence to sup-
natural or adopted child of the dece- port the request will be required, as
dent. specified:
(4) Liability. By serving, the vol- (i) Fiduciaries by title only. If the bond
untary representative warrants that is registered only in the titles, without
the distribution of payments or savings the names, of fiduciaries not acting as
bonds is to the persons entitled by the a board, satisfactory evidence of their
law of the jurisdiction in which the de- incumbency must be furnished, except
cedent was domiciled at the date of in the case of bonds registered in the
death. The United States is not liable title of public officers as trustees.
to any person for the improper dis- (ii) Boards, committees, commission, etc.
tribution of payments or securities. If a bond is registered in the name of a
Upon payment or transfer of the secu- governing body which is empowered to
rities at the request of the voluntary act as a unit, and which holds title to
representative, the United States is re- the property of a religious, edu-
leased to the same extent as if it had cational, charitable or nonprofit orga-
paid or delivered to a representative of nization or a public corporation, the
the estate appointed pursuant to the request should be signed in the name of
law of the jurisdiction in which the de- the body by an authorized person. Ordi-
cedent was domiciled at the date of narily, a signed and certified request
death. The voluntary representative will be accepted without further evi-
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§ 353.76 31 CFR Ch. II (7–1–08 Edition)
ficiary named on the bonds submitted tion upon appropriate request on its
360
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Fiscal Service, Treasury § 353.86
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§ 353.87 31 CFR Ch. II (7–1–08 Edition)
Subpart O—Miscellaneous
Provisions
§ 353.90 Waiver of regulations.
The Commissioner of the Public
Debt, as designee of the Secretary of
the Treasury, may waive or modify any
provision or provisions of these regula-
tions. He may do so in any particular
case or class of cases for the conven-
ience of the United States or in order
to relieve any person or persons of un-
necessary hardship:
(a) If such action would not be incon-
sistent with law or equity, (b) if it does
not impair any existing rights, and (c)
if he is satisfied that such action would
not subject the United States to any
substantial expense or liability.
United States.
362
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