General Laws of Massachusetts - Chapter 107 Money and Registration, Issuance and Redemption of Bonds and Other Securities, Facsimile Signatures - Section 45A Use of facsimile signatures on checks drawn by treasurers of public bodies

Section 45A. The treasurer of a public body shall, without further authority than that contained in this section, have power to use a facsimile machine for the purpose of affixing his signature to any check drawn by him in the name and behalf of the public body on any bank or trust company having funds of the public body on deposit. Any such bank or trust company, in addition to any other rights which it may have as drawee, may, in the absence of connivance or neglect on its part, pay and charge to the account upon which it is drawn every check drawn on such bank or trust company which check (1) bears on the part of the public body as drawer, regardless of by whom affixed, a facsimile signature of its treasurer made from the same plate as a specimen facsimile furnished by such treasurer to such bank or trust company, and (2) is inoperative solely because such facsimile signature was affixed without the authority of such treasurer. The treasurer of the public body shall be accountable on his official bond to the public body for the amount of every such check so paid and charged which bears a date within the period he is in office, whether or not such check is so paid and charged within such period. As used in this section, the term “public body” shall be deemed to include the commonwealth, and every county, city, town, district, authority or other political subdivision or governmental unit; and the term “treasurer” shall be deemed to include any person authorized by statute, ordinance or by-law, or in other lawful manner, to sign or countersign checks for the purpose of disbursing funds of the public body.

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Last modified: September 11, 2015