The administrator shall publish a notice not later than November 30 of each year in which abandoned property has been paid or delivered to the administrator. The notice shall be published in a newspaper of general circulation in each county of this state. The advertisement must be in a form that, in the judgment of the administrator, is likely to attract the attention of the general public. The advertisement shall contain:
A. the website on which to search for information about abandoned properties;
B. the email address of the administrator;
C. the telephone number and physical mailing address of the administrator;
D. a statement explaining that property of the owner is presumed to be abandoned and has been taken into the protective custody of the administrator; and
E. a statement providing information about the property and the return to the property's owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator.
History: Laws 1997, ch. 25, § 9; 2021, ch. 65, § 10.
The 2021 amendment, effective July 1, 2021, updated the form of notice by which the taxation and revenue department advertises unclaimed property, required that published notice contain a website on which to search for information about abandoned properties, and removed a provision related to certain financial instruments and property having a value of less than fifty dollars; deleted subsection designation "(a)" and redesignated former Paragraphs (1) and (2) as Subsections A and B, respectively; after "newspaper of general circulation in", deleted 'the" and added "each", after "of this state", deleted "in which is located the last known address of any person named in the notice. If a holder does not report an address for the apparent owner or the address is outside this state, the notice must be published in the county in which the holder has its principal place of business within this state or another county that the administrator reasonably selects", and after "attention of the", deleted "apparent owner of the unclaimed property" and added "general public"; in Subsection A after "the", deleted "name of each person appearing to be the owner of the property, as set forth in the report filed by the holder" and added "website on which to search for information about abandoned properties"; in Subsection B, after "the", deleted "last known address or location of each person appearing to be the owner of the property, if an address or location is set forth in the report filed by the holder" and added "email address of the administrator"; added new Subsection C and redesignated former Paragraphs (3) and (4) as Subsections D and E, respectively; and deleted former Subsection C, Paragraph (b).
Structure 2021 New Mexico Statutes
Article 8A - Uniform Unclaimed Property Act
Section 7-8A-2 - Presumptions of abandonment.
Section 7-8A-3 - Contents of safe deposit box or other safekeeping depository.
Section 7-8A-4 - Rules for taking custody.
Section 7-8A-5 - Dormancy charge.
Section 7-8A-6 - Burden of proof as to property evidenced by record of check or draft.
Section 7-8A-7 - Report of abandoned property.
Section 7-8A-8 - Payment or delivery of abandoned property.
Section 7-8A-9 - Notice and publication of lists of abandoned property.
Section 7-8A-10 - Custody by state; recovery by holder; defense of holder.
Section 7-8A-10.1 - Exercise of due diligence; liability; notice.
Section 7-8A-11 - Crediting of dividends, interest and increments to owner's account.
Section 7-8A-12 - Public sale of abandoned property.
Section 7-8A-13 - Deposit of funds.
Section 7-8A-14 - Claim of another state to recover property.
Section 7-8A-15 - Filing claim with administrator; handling of claims by administrator.
Section 7-8A-16 - Appeal; action to establish claim.
Section 7-8A-17 - Election to take payment or delivery.
Section 7-8A-19 - Periods of limitation.
Section 7-8A-20 - Requests for reports and examination of records.
Section 7-8A-21 - Retention of records.
Section 7-8A-22 - Enforcement.
Section 7-8A-24 - Interest and penalties.
Section 7-8A-25 - Agreement to locate property.
Section 7-8A-26 - Foreign transactions.
Section 7-8A-27 - Transitional provisions.
Section 7-8A-29 - Uniformity of application and construction.