Duplicate checks; notice; form and effect

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46-138.02. Duplicate checks; notice; form and effect

A. When it appears to the satisfaction of the director of the department of economic security by affidavit or otherwise that any check drawn against the revolving fund has been lost or destroyed prior to payment and there is no reasonable probability of its being found or presented, or that a check has not been presented for payment within the time specified on the face thereof, the director may issue a duplicate of such lost, destroyed or out-of-date check. Before issuing such duplicate check the director shall send a written stop payment notice to the bank giving the number, amount and date of the original check, the payee and the fund on which drawn.

B. The duplicate check issued shall be plainly stamped or marked so that its character may be readily and easily ascertained.

C. The duplicate check issued under authority of this section shall constitute full and sufficient authority to the bank for the disbursement of public monies in the amount set forth on the duplicate checks.

D. The bank shall not pay any check on which a stop payment notice has been made unless the director has released the stop payment notice in writing.


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