(a) the services in question can only be performed by an attorney or
accountant; or
(b) there is a pre-existing relationship between the attorney or
accountant and the client; or
(c) the agreement results from an effort initiated by the client to
engage the attorney or accountant.
3. No agreement for abandoned property location services pursuant to
this chapter shall be valid unless such agreement:
(a) is:
(i) in such form as may be prescribed by the comptroller;
(ii) in writing;
(iii) signed by the property owner; and
(iv) witnessed and acknowledged by a notary public;
(b) discloses the nature of the property;
(c) discloses the name and address of the comptroller; and
(d) discloses, in a clear and conspicuous manner, and in at least
twelve-point boldface type:
"Abandoned funds held by the State can be obtained directly from the
Office of the State Comptroller by the owner of such funds without
paying a fee. These funds are held indefinitely by the Office of the
State Comptroller. For more information, contact the Office of the State
Comptroller at (insert the current telephone number established by the
Office of the State Comptroller for receiving inquiries from consumers
regarding unclaimed funds) or (insert the current address of the website
of the Office of the State Comptroller)".
4. No such agreement shall be valid if it provides for payment of a
fee in excess of fifteen percent of the value of recoverable property.
5. Nothing in this section shall be construed to prevent an owner from
asserting, at any time, that any agreement for abandoned property
location services is based on an excessive or unjust consideration.
Structure New York Laws
Article 14 - General Provisions
1400 - Statutes of Limitations Not a Bar.
1401 - Comptroller to Maintain Public Record.
1402 - Publication of Abandoned Property by State Comptroller.
1403 - Sale of Personal Property by State Comptroller.
1405 - Accrual of Interest After Payment of Abandoned Property to the State Comptroller.
1406 - Claims for Abandoned Property Heretofore or Hereafter Paid to the State.
1407 - Payment by Comptroller.
1409 - Payment for Publication.
1410 - Designation of Newspapers.
1412 - Penalty, Interest and Special Proceedings.
1412-A - Retention of Books and Records.
1413 - Penalty for Fraudulent Returns.
1414 - Comptroller to Make Regulations.
1415 - Deduction of Certain Charges.
1416 - Restriction on Agreement to Locate And/or Retrieve Abandoned Property.
1417 - Agreements With Other States.
1418 - Property for New York Residents Held by Other States.
1419 - Reporting of Abandoned Property in the Aggregate.
1420 - Property Held by Agricultural Cooperative Corporation.