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Registry Fund Investments
Deposit of Funds Into the Court
Occasionally, funds may be deposited into the court, usually, in a civil case. A court Order is required before funds will be accepted and receipted into the registry. The instrument to be deposited into the court should be payable to "Clerk, U.S. District Court". No third party checks are accepted. The funds will be deposited into the registry fund of the treasury unless governed by Fed.R.Civ.P 67, directing funds to be deposited into an interest bearing account. See sample, MOTION TO DEPOSIT FUNDS WITH THE COURT TO INVEST IN AN INTEREST BEARING ACCOUNT.
Held in the Treasury
Funds deposited directly into the treasury will be held by the court, referencing the case number and style. No interest is earned or accrued when held in the treasury. Upon order of the court the funds are disbursed as directed by the clerk's office.
Held in Local Bank Accounts
Funds deposited under Rule 67 will be invested locally. A investment account will be opened for each deposit by the court referencing the specific case number and style. The funds are normally deposited in money market accounts at federally insured banking institutions, unless a justification is provided showing good cause to place the money in a different type of instrument, such as Treasury bills.
Funds are disbursed from an investment account only upon an order of the court and are subject to an administrative fee pursuant to the General Order of January 10, 1991. The administrative fee assessed is typically 10% of the interest earned. This can differ, however, for older cases where other statutes/rules apply. A proposed order for disbursement of the funds must contain the following information:
- The principal sum initially deposited.
- The amount or percentage of principal to be disbursed to each party.
- The percentage of accrued interest to be disbursed to each party, subject to the deduction of the Court's administrative fee.
- To whom exactly each disbursement check should be made payable.
- Full mailing instructions for each disbursement check, including full street address and zip code.
- An signed and completed IRS W-9 Form (link to pdf copy here) for each recipient of accrued interest must be forwarded to the Finance Department before the funds will be released. The social security number or tax ID number of each recipient of the accrued interest, as well as their tax mailing address, must be provided for the purpose of issuing 1099s at year end. The completed W-9 forms can be faxed to a secure fax line in the Finance Department at (314) 244-7879, and need not be included in as an attachment to the motion. A 1099 for interest will only be issued if the amount of interest is $600.00 or more for the recipient.
Disbursements from the investment accounts will be made by check as the business of the clerk's office allows; no wire transfers are permitted. The court maintains the balances of each investment account as of the end of each month. The court prefers that disbursement orders do not try to reference current balances in the accounts at the time the order is proposed, since several days will pass between the time the proposed order is filed, signed, docketed and disbursed, additional interest will accrue. Exact amounts of the principal may be referenced with directives on the division of interest (prorated, percentage, etc.). Normally, the investment account is not closed until shortly before the actual check(s) are disbursed in order to maximize interest earned. Disbursement checks may be picked up at the clerk's office if prior arrangements are made with the Financial Administrator. The Financial Administrator may be contacted to determine when the check will be available at 314-244-7871.
You may also wish to refer to Local Rule 13.04 for reference.