116B-59. Notice by holders to apparent owners.
(a) Repealed by Session Laws 2017-134, s. 2(a), effective October 1, 2017, and applicable to property presumed abandoned on or after that date.
(a1) A holder of property that is presumed abandoned and that is either (i) a security or other equity interest in a business association, including a security entitlement under Article 8 of Chapter 25 of the General Statutes, that is valued at twenty-five dollars ($25.00) or more or (ii) property, other than a security or other equity interest in a business association, including a security entitlement under Article 8 of Chapter 25 of the General Statutes, that is valued at fifty dollars ($50.00) or more shall send written notice by first-class mail to the apparent owner not more than 120 days or less than 60 days before filing the report required by G.S. 116B-60. The holder shall exercise reasonable care to ascertain that it is sending the written notice to the apparent owner's correct address.
(b) Repealed by Session Laws 2017-134, s. 2(a), effective October 1, 2017, and applicable to property presumed abandoned on or after that date.
(c) The written notice to apparent owners required under this section must contain all of the following:
(1) A statement that, according to the records of the holder, property is being held to which the addressee appears entitled and the amount or description of the property.
(2) The name, address, and contact information of the person holding the property and any necessary information regarding changes of name and address of the holder.
(3) A statement that, if satisfactory proof of claim is not presented by the owner to the holder by the following October 1 or, if the holder is an insurance company, by the following April 1, the property will be placed in the custody of the Treasurer, to whom all further claims shall be directed.
(4) A statement that, once property is placed in the custody of the Treasurer, all interest, dividends, income, and gains earned on the property will remain with the Treasurer, even if the owner subsequently reclaims the property from the Treasurer. (1979, 2nd Sess., c. 1311, s. 1; 1981, c. 531, ss. 4-6; 1993, c. 539, s. 898; c. 541, s. 5; 1994, Ex. Sess., c. 24, s. 14(c); 1999-460, s. 6; 2017-134, s. 2(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 116B - Escheats and Abandoned Property
Article 4 - North Carolina Unclaimed Property Act.
§ 116B-53 - Presumptions of abandonment.
§ 116B-54.1 - Unclaimed United States savings bonds.
§ 116B-55 - Contents of safe deposit box or other safekeeping depository.
§ 116B-56 - Rules for taking custody.
§ 116B-57 - Dormancy charge; other lawful charges.
§ 116B-58 - Burden of proof as to property evidenced by record of check or draft.
§ 116B-59 - Notice by holders to apparent owners.
§ 116B-60 - Report of abandoned property; certification by holders with tax return.
§ 116B-61 - Payment or delivery of abandoned property.
§ 116B-62 - Preparation of list of owners by Treasurer.
§ 116B-63 - Custody by State; recovery by holder; defense of holder.
§ 116B-64 - Loss, income, or gain accruing after payment or delivery.
§ 116B-65 - Public sale of abandoned property.
§ 116B-66 - Claim of another state to recover property.
§ 116B-67 - Claim for property paid or delivered to the Treasurer.
§ 116B-68 - Action to establish claim.
§ 116B-69 - Election to take payment or delivery.
§ 116B-71 - Periods of limitation.
§ 116B-72 - Requests for reports and examination of records.
§ 116B-73 - Retention of records.
§ 116B-74 - Discretionary precompliance review.
§ 116B-76 - Interstate agreements and cooperation; joint and reciprocal actions with other states.
§ 116B-77 - Interest and penalties; waiver.
§ 116B-78 - Agreement to locate property between property finders and owners or apparent owners.
§ 116B-78.1 - Property finder regulation and enforcement.