RSA 471-C:3 · General Conditions Precedent to Presumption of Abandonment

471-C:3 General Conditions Precedent to Presumption of Abandonment. – Unless otherwise provided, intangible property is subject to the custody of this state as unclaimed property if the conditions raising a presumption of abandonment under RSA 471-C:2 or RSA 471-C:5-18 are satisfied and:

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I.

The last known address, as shown on the records of the holder, of the apparent owner is in this state;

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II.

The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;

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III.

The records of the holder do not reflect the last known address of the apparent owner, and it is established that:

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(a)

The last known address of the person entitled to the property is in this state; or

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(b)

The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;

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IV.

The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state;

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V.

The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or

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VI.

The transaction out of which the property arose occurred in this state; and

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(a)

The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and

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(b)

The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.

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VII.

(a) Unless otherwise provided by law, intangible property is subject to the custody of this state as unclaimed property awaiting claim by another state pursuant to RSA 471-C:27, I(b), if the conditions raising a presumption of abandonment under RSA 471-C:2 or RSA 471-C:5-18 are satisfied and the last known address of the apparent owner, as shown on the records of the holder, is in another state.

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(b)

Tangible and intangible property awaiting claim by another state pursuant to RSA 471-C:27, I(b) shall be reported to the administrator, subject to the dormancy periods set forth in this chapter, in accordance with the requirements of RSA 471-C:19. Source. 1986, 204:1. 1988, 256:1. 1999, 212:1, eff. Sept. 4, 1999.

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