Fiduciary Appointment & Authorization, Registration # RRxxxxxxxxxUS 1 of 6
Date Goes Here
C.F.O. Name Here, C.F.O. First-Middle: Last
c/o CORPORATION NAME HERE c/o 1234 Your Address Street
1234 C.F.O. ADDRESS ST. City / Town, State Republic
CITY / TOWN, ST 12345 non-domestic and without the United States
Respondent / Fiduciary Trustee Principal / Beneficiary
RE: ____FIRST MIDDLE LAST____, Account No. xxxxxxxxx
FIDUCIARY APPOINTMENT AND AUTHORIZATION
POWER OF AUTHORITY
I, First-Middle: Last, hereinafter “Principal”, being duly sworn, depose and say that I have the
authority and broad general power of attorney in fact to grant, to convey, to assign, to pledge,
and to authorize all the authorities, sureties, assets, duties, contracts, and instruments contained
herein and enclosed herewith and hereby execute this Fiduciary Appointment & Authorization,
hereinafter “Contract”, on this _______ day of Month, 2019.
APPOINTMENT
The below-signed Principal hereby appoints C.F.O Name Here, hereinafter “Fiduciary”, to
faithfully execute the setoff, settlement, and closure of the above-referenced account with the
name of FIRST MIDDLE LAST, Account No. xxxxxxxx, hereinafter “Account”, held by
CORPORATION NAME HERE, hereinafter “Financial Institution”, and to faithfully execute
all the duties set forth herein with the authorities granted herein.
AUTHORITIES
The Principal hereby grants the Fiduciary the following authorities:
(1) The Fiduciary is hereby authorized to delegate or sub-delegate any of the authorities
granted herein to any third party of his / her choosing. Provided that any such
delegation or sub-delegation is made in writing, this written record must specify the
extent and nature of powers delegated, along with the length of time that such
delegation will be in effect.
(2) The Fiduciary is hereby authorized to setoff, to settle, to discharge, and to close the
account at the direction of Principal.
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(3) The Fiduciary is hereby authorized to use any funds and/or assets in escrow released
pursuant to the G.S.A. Optional Form 91 enclosed herewith and incorporated herein
by this reference, hereinafter “Form 91”, by the Financial Institution for FIRST
MIDDLE LAST, hereinafter “Beneficiary”, and to use said funds and/or assets
exclusively for the settlement, setoff, and discharge of any and all debts, obligations,
and/or liabilities associated with the Account.
(4) The Fiduciary is hereby authorized to negotiate, endorse, and/or ledger the
instruments, the statement with a private banker’s acceptance with attached payment
coupon, hereinafter “Instruments”, enclosed herewith for the settlement and closure
of the Account.
(5) The Fiduciary is hereby authorized to use any and all of the assets pledged pursuant
to the G.S.A. Standard Form 28 (Affidavit of Individual Surety) enclosed herewith
and incorporated herein by this reference, hereinafter “Form 28”, for the settlement,
setoff, and discharge of any and all debts, obligations, or liabilities associated with
the Account and as surety to indemnify the Fiduciary’s performance with regard to
this Contract, the Form 91, and the Instruments.
(6) The Fiduciary is hereby authorized to use the Account and Routing numbers and/or
bond numbers provided on the Instruments for the setoff, settlement, and closure of
the Account.
(7) The Fiduciary is hereby authorized to release any and all funds and/or assets
remaining after the setoff, settlement, and closure of the Account to the Principal.
(8) The Fiduciary is hereby authorized to ledger the I.R.S. Form 1099-A, hereinafter
“Information Return”, enclosed herewith, against the Account for the Financial
Institution.
SURETY
I, the Undersigned, being duly sworn, depose and say that:
(1) The Principal is a surety to this Contract and any and all bond(s) and instrument(s)
enclosed herewith.
(2) The Beneficiary is a surety to this Contract and any and all bond(s) and
instrument(s) enclosed herewith.
(3) The Principal and Beneficiary hereby pledge the following assets as surety in
support of any and all bond(s) and instrument(s) enclosed herewith and the fiduciary
duties set forth by this Contract and the following info from Form 91:
i. Account Statement indorsed with private banker’s acceptance.
ii. Payment Coupon authorized and indorsed;
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iii. Assets and/or funds held in escrow for the Beneficiary and the Account
held by the Financial Institution;
iv. Assets Account No. xxxxxxxxx referenced on the Account Statement
and Payment Coupon with Routing Number **FIND BILL NUMBER
ON RECENT PAYMENT COUPON**; and
v. Exemption Bond No. **RED LETTER NUMBER COMBO ON
BACK OF SOCIAL SECURITY CARD**, i.e. “F12345678”
(4) The Principal and Beneficiary hereby indemnify the performance of the Fiduciary in
regards to the authorities granted herein and the duties set forth herein.
(5) The Principal and Beneficiary hereby indemnify the performance of the Fiduciary as
the custodian pursuant to the Form 91.
DUTIES OF THE FIDUCIARY
The Principal hereby directs the Fiduciary to perform the following duties within ten (10) days of
the postmark of this Contract:
(1) Pursuant to the Form 91, the Fiduciary is hereby directed to use the personal property
released from escrow exclusively for the settlement, setoff, and/or discharge any and all
debts, obligations, or liabilities associated with the Account.
(2) The Fiduciary is hereby directed to settle, setoff, and/or discharge any and all debts,
obligations, or liabilities associated with the Account.
(3) The Fiduciary is hereby directed to negotiated, endorse, and/or ledger the Instruments for
the settlement, setoff, and/or discharge of any and all debts, obligations, or liabilities
associated with the Account for the benefit of the Beneficiary.
(4) The Fiduciary is hereby directed to ledger the Information Return against the Account for
the Financial Institution.
(5) The Fiduciary is hereby directed to issue a Statement of Account showing a Zero ($0.00)
dollars balance for the Account to the Principal.
(6) The Fiduciary is hereby directed to release any and all funds and/or assets remaining after
the setoff, settlement, and closure of the Account to the Principal.
ACCEPTANCE AND REFUSAL
This Contract shall be deemed to have been accepted by the Fiduciary if a refusal to the
appointment, authorities, and duties is not received by the Principal given above within ten (10)
days of the postmark of this Contract. Any refusal of this Contract must be accompanied by a
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sworn affidavit signed under penalty of perjury and stating that the Fiduciary does NOT have the
capacity, authority, obligation, and duty to:
i. setoff, settle, and close the Account;
ii. accept an appointment as a fiduciary;
iii. negotiate, endorse, or ledger the Instruments against the Account for the
benefit of the Beneficiary;
iv. perform the duties as the custodian pursuant to the Form 91;
v. ledger the Information Return against the Account held by the Financial
Institution for the benefit of the Beneficiary; and
vi. issue a Statement of Account showing a Zero ($0.00) dollars balance for the
Account to the Principal.
If the Fiduciary needs additional time to perform the duties set forth in this Contract, the
Fiduciary may request said additional time by written request to the Principal within ten (10)
days from the postmark of this Contract and said request must provide good cause. Any requests
for additional time shall not exceed thirty (30) days from the postmark of this Contract. The
Principal reserves the right to deny any requests for additional time.
LIABILITY OF THE FIDUCIARY
The Fiduciary’s failure to perform the duties set forth in this Contract within the time allotted to
perform said duties will comprise the Fiduciary’s agreement to the following:
(1) The Fiduciary waives all rights, defenses, and immunities.
(2) The Fiduciary accepts personal liability up to ten (10) times the face value of the
Instruments.
(3) The Fiduciary accepts the filing of the I.R.S. Form 3949A (Information Referral) with
the Internal Revenue Service for the Fiduciary’s breach of this Contract.
(4) The Fiduciary accepts the filing of any documents and public records reporting the
Principal’s right of lien on real property in relation to the Fiduciary’s breach of this
Contract.
(5) The Fiduciary accepts that the Fiduciary’s public hazard bond and/or limited liability
insurance policy shall be surety for any liens or levies executed by the Principal for the
Fiduciary’s breach of this Contract.
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(6) The Fiduciary accepts that the Fiduciary’s real property, personal property, fixtures,
and accounts shall be surety for any liens or levies executed by the Principal for the
Fiduciary’s breach of this Contract.
PREVIOUS AGREEMENTS AND CONTRACTS
This Contract supersedes all other agreements, whether written or oral, between the Beneficiary
and the Financial Institution relating to the Account. The Principal hereby revokes and rescinds
any and all prior grants, conveyances, notes, trusts, agreements, and/or contracts by and/or
between the Financial Institution and the Beneficiary.
GOVERNING LAW / SEVERABILITY
Private International Law shall govern and enforce this Contract. Should applicable laws deem
any part or portion of this Contract as invalid or unenforceable, the remaining provisions shall
not be affected and shall be enforced to as great an extent as possible.
RESERVATION OF RIGHTS
The Principal hereby reserves all rights, remedies, defenses, and immunities.
ENDORSEMENT
IN WITNESS WHEREOF, I hereunto affix my hand and seal on this _________ day of Month,
2019 and hereby certify that all of the statements made above are true, correct, and complete.
Signed:________________________________(seal)
First-Middle: Last, Principal
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JURAT
STATE OF YOUR STATE )
) ss:
COUNTY OF YOUR COUNTY )
On this ________day of Month, 2019, before me, the undersigned, a Notary Public in and for
Your County, personally appeared the above-signed, known to me to be the one whose name is
sealed by Autograph on this instrument, and has acknowledged to me that he/she has executed
the same.
Notary Signature:___________________________________
Printed Name:___________________________________
Seal:_____________________________