§39-33 - Method of issuance and payment.
§39-33 Method of issuance and payment.
A claimant for issuance of a new bond or for payment shall make written
application, under oath, in such form as the director of finance shall
prescribe, stating facts definitively identifying the bonds or coupons and
showing the loss, whole or partial destruction, defacement, or theft of the
same, and the ownership of the same by the person applying, and shall present
further evidence as the director of finance may reasonably require to establish
the identity of the bonds or coupons, their loss, whole or partial destruction,
defacement, or theft, and the ownership of the same by the claimant.
The director of finance shall not provide for
the issuance of a replacement for or the payment of the lost, stolen, wholly or
partially destroyed, or defaced bond, coupon, or both, as the case may be,
unless the claimant shall have executed and delivered to the director of
finance a legal and sufficient surety bond or other form of surety acceptable
to the director of finance in an amount equal to the loss which may be suffered
by the State, any transfer agent, paying agent, or registrar by reason of
issuing replacements or making payments mentioned in this section. Any surety
bond or other form of surety acceptable to the director of finance shall be in
the form and with sufficient surety or sureties as shall be satisfactory to the
director of finance, and shall be conditioned to indemnify and save harmless
the State, any transfer agent, paying agent, or registrar from any and all loss
on account of the bond, coupon, or both, as the case may be, so claimed to have
been lost, stolen, wholly or partially destroyed, or defaced. The duration of
the surety bond or other form of surety acceptable to the director of finance
shall be not less than the date upon which the bond, coupon, or both, as the
case may be, being replaced or paid, become due and payable, plus the period of
the statute of limitations applicable to bonds and coupons. In the case of a
partially destroyed or defaced bond, coupon, or both, as the case may be, the
claimant shall surrender the partially destroyed or defaced bond, coupon, or
both, as the case may be, at the time of delivery of the replacement. [L 1988,
c 28, pt of §3; am L 1989, c 86, §1]