Legislation
SECTION 30
Unclaimed amounts; deposit by superintendent in trust; preference; release of debtor
Banking (BNK) CHAPTER 2, ARTICLE 2
§ 30. Unclaimed amounts; deposit by superintendent in trust;
preference; release of debtor. 1. After the completion of the voluntary
or involuntary liquidation of the business and property of any banking
organization or of the business and property in this state of any
foreign banking corporation, the superintendent may take and hold as
trustee for the owners thereof any amounts which remain due to and
unclaimed by any creditor, depositor, stockholder, shareholder, bailor
or depositor of property for hire or otherwise, or lessee of any safe,
vault or box. Whenever such amounts are received by the superintendent
and he is not in possession of the business and property of such banking
organization or corporation, he shall give his receipt for such amounts
and shall forthwith deposit them in one or more banks, trust companies,
or savings banks, to the credit of the superintendent of financial
services in trust for the persons entitled thereto. In a liquidation by
the superintendent he shall deposit such amounts in like manner at the
times provided in article thirteen of this chapter.
2. All such deposits by the superintendent shall be entitled to
priority of payment in case of the insolvency or voluntary or
involuntary liquidation of the depositary on an equality with any other
priority given by this chapter.
3. The superintendent shall before the close of each fiscal year pay
into the state treasury all interest received by him on such unclaimed
amounts since the last such payment.
4. Any banking organization or foreign banking corporation with
respect to which the superintendent has received unclaimed amounts as
trustee for the owners thereof pursuant to the provisions of this
section shall, from and after the date when such amounts are so
received, be relieved and held harmless from any and all liability for
any claim or claims which exist at such time with respect to such
unclaimed amounts, or which may thereafter be made or may come into
existence on account of or in respect of any such unclaimed amounts, and
no action shall be maintained against such banking organization or
corporation or any officer, partner, agent, employee, attorney,
shareholder or stockholder thereof for the recovery of any such
unclaimed amounts, or for interest thereon subsequent to the date of
receipt by the superintendent or for damages alleged to have resulted
from the payment thereof to the superintendent.
preference; release of debtor. 1. After the completion of the voluntary
or involuntary liquidation of the business and property of any banking
organization or of the business and property in this state of any
foreign banking corporation, the superintendent may take and hold as
trustee for the owners thereof any amounts which remain due to and
unclaimed by any creditor, depositor, stockholder, shareholder, bailor
or depositor of property for hire or otherwise, or lessee of any safe,
vault or box. Whenever such amounts are received by the superintendent
and he is not in possession of the business and property of such banking
organization or corporation, he shall give his receipt for such amounts
and shall forthwith deposit them in one or more banks, trust companies,
or savings banks, to the credit of the superintendent of financial
services in trust for the persons entitled thereto. In a liquidation by
the superintendent he shall deposit such amounts in like manner at the
times provided in article thirteen of this chapter.
2. All such deposits by the superintendent shall be entitled to
priority of payment in case of the insolvency or voluntary or
involuntary liquidation of the depositary on an equality with any other
priority given by this chapter.
3. The superintendent shall before the close of each fiscal year pay
into the state treasury all interest received by him on such unclaimed
amounts since the last such payment.
4. Any banking organization or foreign banking corporation with
respect to which the superintendent has received unclaimed amounts as
trustee for the owners thereof pursuant to the provisions of this
section shall, from and after the date when such amounts are so
received, be relieved and held harmless from any and all liability for
any claim or claims which exist at such time with respect to such
unclaimed amounts, or which may thereafter be made or may come into
existence on account of or in respect of any such unclaimed amounts, and
no action shall be maintained against such banking organization or
corporation or any officer, partner, agent, employee, attorney,
shareholder or stockholder thereof for the recovery of any such
unclaimed amounts, or for interest thereon subsequent to the date of
receipt by the superintendent or for damages alleged to have resulted
from the payment thereof to the superintendent.