House committee substitute makes the following changes to 1st edition. Enacts new GS 75-43 prohibiting any agreement to reunite a consumer with property that has not yet escheated to the state under GS Chapter 116B from including total fees and costs that exceed 35% of the value of the property, or from offering to reunite the owner with property held by a state agency. Makes an agreement in violation of the statute void and unenforceable, and makes a violation an unfair trade practice. Provides that the statute does not apply to agreements to recover property presumed abandoned under GS 116B-78. Effective October 1, 2011.
Deletes amendments made to GS 116B-53(c) in previous edition. Makes a conforming change. Makes amendments to GS 116B-78 (concerning property that is presumed abandoned) effective when the act becomes law (was, effective October 1, 2011).
Changes the title to AN ACT TO LIMIT THE FEE THAT CAN BE CHARGED TO LOCATE PROPERTY THAT HAS NOT YET ESCHEATED TO THE STATE, TO PREVENT AGREEMENTS TO LOCATE PROPERTY THAT IS BOTH HELD BY A STATE AGENCY AND HAS NOT YET ESCHEATED TO THE STATE, AND TO CLARIFY THE APPLICABILITY OF AGREEMENTS TO LOCATE ESCHEATED PROPERTY.
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TO PROVIDE THAT MULTIPLE PAYEE CHECKS MAY BE PRESUMED ABANDONED WITH RESPECT TO AN OWNER NOT CLAIMING THE CHECK WITHIN THREE YEARS AND TO LIMIT THE SCOPE OF THE REGULATION OF PROPERTY FINDER AGREEMENTS TO ONLY THOSE AGREEMENTS THAT INVOLVE PROPERTY THAT IS PRESUMED ABANDONED.Intro. by Jordan, Starnes, Stevens.
Bill H 733 (2011-2012)Summary date: Jun 3 2011 - More information
Bill H 733 (2011-2012)Summary date: Apr 6 2011 - More information
Amends GS 116B-53(c) to provide that money orders, cashier’s checks, teller’s checks, and certified checks issued to multiple payees are presumed abandoned three years after issuance with respect to a payee who has not claimed the property. Amends GS 116B-78 to specify that property finder agreements covered by the statute are those whose primary purpose is to locate or recover property presumed abandoned. Clarifies that agreements are void and unenforceable if entered into during the period starting on the date the property was presumed abandoned and extending as specified. Effective October 1, 2011.