N.Y. Comp. Codes R. & Regs. tit. 2 § 129.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 129.1 - General Provisions

(a) The Comptroller shall not reveal any confidential information including the value of abandoned property to any claimant or the claimant's agent unless such person provides proof of an interest in the abandoned property and the following:

(1) a claim form, or other supplemental claim form deemed necessary by the Comptroller, signed by the person making claim and duly acknowledged by the person in the manner prescribed for the acknowledgment of a conveyance of real property in accordance with the Real Property Law;

(2) where the claim is submitted by a person or entity acting pursuant to an abandoned property location services agreement, as that term is used in section 1416 of the Abandoned Property Law, the person or entity submitting the claim must present to the Comptroller an abandoned property location services agreement, which complies with the requirements of section 1416 of the Abandoned Property Law, and which:

(i) lists the claimant's current address;

(ii) except where there is a separate power of attorney or other agency designation, authorizes the abandoned property location services provider to act on the claimant's behalf to claim the property;

(iii) is signed by the claimant and such signature has been duly acknowledged by the claimant in the manner prescribed for the acknowledgment of a conveyance of real property in accordance with the Real Property Law; and

(iv) in the case of a claim in excess of $1000 on behalf of an estate representative appointed by a New York State surrogate's court, including a person certified under Article 13 of the Surrogate's Court Procedure Act, proof that the abandoned property location services agreement has been duly filed with the surrogate's court that appointed such estate representative, as required by section 13-2.3 of the Estates, Powers and Trusts Law.

(b) Subdivision (a) of this section may be waived within the discretion of the Comptroller provided that the Comptroller determines that satisfactory proof has otherwise been submitted by the claimant or his or her representative establishing that the claimant is the owner of the abandoned property.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 129.1

Amended New York State Register February 18, 2015/Volume XXXVII, Issue 07, eff. 2/18/2015