§ 116B‑67. Claimfor property paid or delivered to the Treasurer.
(a) A person, excluding another state, claiming property paid ordelivered to the Treasurer may file a claim on a form prescribed by theTreasurer and verified by the claimant.
(b) At the discretion of the Treasurer, the claim shall be madeto the holder or to the holder's successor. If the holder is satisfied that theclaim is valid and that the claimant is the owner of the property, the holdershall so certify to the Treasurer by written statement attested by the holderunder oath, or in the case of a corporation, by two principal officers, or oneprincipal officer and an authorized employee of the corporation. Thedetermination of the holder that the claimant is the owner shall, in the absenceof fraud, be binding upon the Treasurer and upon receipt of the certificate ofthe holder to this effect, the Treasurer shall forthwith authorize and makepayment of the claim or return of the property, or if the property has beensold, the amount received from the sale, to the owner, or to the holder in theevent the owner has assigned the claim to the holder and the certificate of theholder is accompanied by an assignment. In the event the holder rejects theclaim, the claimant may appeal to the Treasurer.
If the holder, or the holder's successor, is not available, the ownermay file a claim with the Treasurer on a form prescribed by the Treasurer. Inaddition to any other information, the claim shall state the facts surroundingthe unavailability of the holder and the lack of a successor.
(c) Within 90 days after a claim is filed, the Treasurer shallallow or deny the claim and give written notice of the decision to theclaimant. If the claim is denied, the Treasurer shall inform the claimant ofthe reasons for the denial and specify what additional evidence is requiredbefore the claim will be allowed. The claimant may then file a new claim withthe Treasurer or maintain an action under G.S. 116B‑68.
(d) Within 30 days after a claim is allowed, the property or thenet proceeds of a sale of the property must be delivered or paid by theTreasurer to the claimant.
(e) The claimant or claimants and the holder, if the holdereither certifies that the claimant is the owner under subsection (b) of thissection or recovers money and property from the Treasurer under G.S. 116B‑63,shall agree to indemnify, save harmless, and defend the State, the Treasurer,and the Escheat Fund from any claim arising out of or in connection with refundof the property claimed. In like manner, the claimant shall also agree toindemnify, save harmless, and defend the holder, if the holder certifies theclaim under subsection (b) of this section or pays or delivers property to theclaimant under G.S. 116B‑63. (1979, 2nd Sess., c. 1311, s. 1; 1987, c. 163, s. 8; c. 827, s. 18;1999‑460, s. 6.)
§ 116B‑67. Claimfor property paid or delivered to the Treasurer.
(a) A person, excluding another state, claiming property paid ordelivered to the Treasurer may file a claim on a form prescribed by theTreasurer and verified by the claimant.
(b) At the discretion of the Treasurer, the claim shall be madeto the holder or to the holder's successor. If the holder is satisfied that theclaim is valid and that the claimant is the owner of the property, the holdershall so certify to the Treasurer by written statement attested by the holderunder oath, or in the case of a corporation, by two principal officers, or oneprincipal officer and an authorized employee of the corporation. Thedetermination of the holder that the claimant is the owner shall, in the absenceof fraud, be binding upon the Treasurer and upon receipt of the certificate ofthe holder to this effect, the Treasurer shall forthwith authorize and makepayment of the claim or return of the property, or if the property has beensold, the amount received from the sale, to the owner, or to the holder in theevent the owner has assigned the claim to the holder and the certificate of theholder is accompanied by an assignment. In the event the holder rejects theclaim, the claimant may appeal to the Treasurer.
If the holder, or the holder's successor, is not available, the ownermay file a claim with the Treasurer on a form prescribed by the Treasurer. Inaddition to any other information, the claim shall state the facts surroundingthe unavailability of the holder and the lack of a successor.
(c) Within 90 days after a claim is filed, the Treasurer shallallow or deny the claim and give written notice of the decision to theclaimant. If the claim is denied, the Treasurer shall inform the claimant ofthe reasons for the denial and specify what additional evidence is requiredbefore the claim will be allowed. The claimant may then file a new claim withthe Treasurer or maintain an action under G.S. 116B‑68.
(d) Within 30 days after a claim is allowed, the property or thenet proceeds of a sale of the property must be delivered or paid by theTreasurer to the claimant.
(e) The claimant or claimants and the holder, if the holdereither certifies that the claimant is the owner under subsection (b) of thissection or recovers money and property from the Treasurer under G.S. 116B‑63,shall agree to indemnify, save harmless, and defend the State, the Treasurer,and the Escheat Fund from any claim arising out of or in connection with refundof the property claimed. In like manner, the claimant shall also agree toindemnify, save harmless, and defend the holder, if the holder certifies theclaim under subsection (b) of this section or pays or delivers property to theclaimant under G.S. 116B‑63. (1979, 2nd Sess., c. 1311, s. 1; 1987, c. 163, s. 8; c. 827, s. 18;1999‑460, s. 6.)
§ 116B‑67. Claimfor property paid or delivered to the Treasurer.
(a) A person, excluding another state, claiming property paid ordelivered to the Treasurer may file a claim on a form prescribed by theTreasurer and verified by the claimant.
(b) At the discretion of the Treasurer, the claim shall be madeto the holder or to the holder's successor. If the holder is satisfied that theclaim is valid and that the claimant is the owner of the property, the holdershall so certify to the Treasurer by written statement attested by the holderunder oath, or in the case of a corporation, by two principal officers, or oneprincipal officer and an authorized employee of the corporation. Thedetermination of the holder that the claimant is the owner shall, in the absenceof fraud, be binding upon the Treasurer and upon receipt of the certificate ofthe holder to this effect, the Treasurer shall forthwith authorize and makepayment of the claim or return of the property, or if the property has beensold, the amount received from the sale, to the owner, or to the holder in theevent the owner has assigned the claim to the holder and the certificate of theholder is accompanied by an assignment. In the event the holder rejects theclaim, the claimant may appeal to the Treasurer.
If the holder, or the holder's successor, is not available, the ownermay file a claim with the Treasurer on a form prescribed by the Treasurer. Inaddition to any other information, the claim shall state the facts surroundingthe unavailability of the holder and the lack of a successor.
(c) Within 90 days after a claim is filed, the Treasurer shallallow or deny the claim and give written notice of the decision to theclaimant. If the claim is denied, the Treasurer shall inform the claimant ofthe reasons for the denial and specify what additional evidence is requiredbefore the claim will be allowed. The claimant may then file a new claim withthe Treasurer or maintain an action under G.S. 116B‑68.
(d) Within 30 days after a claim is allowed, the property or thenet proceeds of a sale of the property must be delivered or paid by theTreasurer to the claimant.
(e) The claimant or claimants and the holder, if the holdereither certifies that the claimant is the owner under subsection (b) of thissection or recovers money and property from the Treasurer under G.S. 116B‑63,shall agree to indemnify, save harmless, and defend the State, the Treasurer,and the Escheat Fund from any claim arising out of or in connection with refundof the property claimed. In like manner, the claimant shall also agree toindemnify, save harmless, and defend the holder, if the holder certifies theclaim under subsection (b) of this section or pays or delivers property to theclaimant under G.S. 116B‑63. (1979, 2nd Sess., c. 1311, s. 1; 1987, c. 163, s. 8; c. 827, s. 18;1999‑460, s. 6.)
