New Jersey Law Summary
Uniform Disposition of Unclaimed Property Act
Note: This summary is not intended to be an all inclusive discussion of abandoned property law, but does include basic provisions. You should check the State Laws for updates.
Title 46 Property
Chapter 30B Uniform Unclaimed Property Act
Short title.
This chapter shall be known and may be cited as the “Uniform Unclaimed Property Act
Title 46, Chap. 30B, §46:30B-1.
Construction.
Except for the provisions of this chapter which apply solely to this jurisdiction, this chapter shall be applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this law among states enacting it.
Title 46, Chap. 30B, §46:30B-2.
Foreign transactions.
This chapter does not apply to any property held, due and owing in a foreign country and arising out of a foreign transaction.
Title 46, Chap. 30B, §46:30B-3.
Effect of chapter on duty of holder to report, pay or deliver property under prior law.
This chapter does not relieve a holder of a duty that arose before the effective date of this chapter to report, pay, or deliver property. A holder who did not comply with the law in effect before the effective date of this chapter is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this section, subject to R.S.46:30B-89; however, after the effective date of this chapter, the interest and penalties set forth in article 34 of this chapter shall be assessed against the holder for failure to report, pay and deliver the property presumed abandoned in accordance with the prior statutory provisions.
Title 46, Chap. 30B, §46:30B-4.
Contents of initial report.
The initial report filed under this chapter for property that was not required to be reported before the effective date of this chapter but which is subject to this chapter shall include all items of property that would have been presumed abandoned during the 10-year period preceding the effective date of this chapter as if this chapter had been in effect during that period. The initial report shall also identify any property that was not required to be reported before the effective date of this chapter but which is subject to this chapter which has been paid or delivered to any other state or otherwise disposed of in any manner by the holder during the preceding 10 years.
Title 46, Chap. 30B, §46:30B-5.
Definitions
As used in this chapter:
a. “Administrator” means the Treasurer of the State of New Jersey, any individual serving as the Acting Treasurer in the absence of the appointed Treasurer, and any State employee to whom the Treasurer has delegated authority to administer the provisions of this chapter and to execute any pertinent documents;
b. “Apparent owner” means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder;
c. “Banking organization” means any bank, trust company, savings bank, safe deposit company, private banker, or any organization defined by other law as a bank or banking organization;
d. “Business association” means a nonpublic corporation, joint stock company, investment company, business trust, partnership, or association for business purposes of two or more individuals, whether or not for profit, including a banking organization, financial organization, insurance company, or utility;
e. “Domicile” means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person;
f. “Financial organization” means a savings and loan association, building and loan association, or credit union;
g. “Holder” means a person, wherever organized or domiciled, who is:
(1) In possession of property belonging to another,
(2) A trustee, or
(3) Indebted to another on an obligation;
h. “Insurance company” means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance coverage, including accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety, and wage protection insurance;
i. “Intangible property” includes:
(1) Moneys, checks, drafts, deposits, interest, dividends, and income;
(2) Credit balances, customer overpayments, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances;
(3) Stocks and other intangible ownership interests in business associations;
(4) Moneys deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;
(5) Amounts due and payable under the terms of insurance policies; and
(6) Amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits;
j. “Last known address” means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail;
k. “Owner” means a depositor in the case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to this chapter or his legal representative;
l. “Person” means an individual, business association, state or other government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity;
m. “State” means any state in the United States, district, commonwealth, territory, insular possession, or any other area subject to the legislative authority of the United States;
n. “Utility” means a person who owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas. Source: New.
Title 46, Chap. 30B, §46:30B-6.
When property presumed abandoned generally.
Except as otherwise provided by this chapter, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued, owing in the ordinary course of a holder’s business and has remained unclaimed by the owner for more than five years after it became payable or distributable is presumed abandoned.
Title 46, Chap. 30B, §46:30B-7.
Communication between holder and apparent owner.
Property shall not be presumed abandoned if within the period that the property remains unclaimed there has been a communication between the holder and the apparent owner. The communication shall be a writing initiated or generated by or from the apparent owner to the holder or issuer concerning the unclaimed property, or a memorandum or other record on file with the holder or issuer prepared by an employee of the holder or issuer and evidencing that the apparent owner has indicated an interest in the property. This provision shall apply to all property notwithstanding any specific provisions of this chapter which do not expressly address the issue of communication between the holder or issuer and the apparent owner during the period that the property remains unclaimed.
Title 46, Chap. 30B, §46:30B-7.1.
When property payable or distributable.
Property is payable or distributable for the purpose of this chapter notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment.
Title 46, Chap. 30B, §46:30B-8.
When property subject to custody.
Unless otherwise provided in this chapter or by other statute of this State, intangible property is subject to the custody of this State as unclaimed property if the conditions raising a presumption of abandonment under Articles 2 and 5 through 16 of this chapter are satisfied and the conditions under R.S.46:30B-10 are satisfied. The common law doctrine of bona vacantia shall remain viable with respect to unclaimed property not covered by this chapter or another statute of this State.
Title 46, Chap. 30B, §46:30B-9.
Further conditions to be satisfied to subject property to custody.
To subject intangible personal property to the custody of this State as unclaimed property, the following conditions shall be also satisfied:
a. The last known address, as shown on the records of the holder, of the apparent owner is in this State;
b. The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;
c. The records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(1) The last known address of the person entitled to the property is in this State, or
(2) The holder is a domiciliary or a government or governmental subdivision or agency of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
d. The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this State;
e. The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this State; or
f. The transaction out of which the property arose occurred in this State, and
(1) The last known address of the apparent owner or other person entitled to the property is unknown, or
(2) The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property, and
(3) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
Title 46, Chap. 30B, §46:30B-10.
Presumption of location.
If the records of a holder show that the property is payable or distributable to a person other than the owner, but the records do not show the last known address of the other person, it shall be presumed that the last known address of the other person is the same as that of the owner.
Title 46, Chap. 30B, §46:30B-10.1.
Presumption of abandonment of travelers check.
Subject to R.S.46:30B-14, any sum payable on a travelers check that has been outstanding for more than 15 years after its issuance is presumed abandoned unless the owner, within 15 years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.
Title 46, Chap. 30B, §46:30B-11.
Presumption of abandonment of money order.
Subject to R.S.46:30B-14, any sum payable on a money order or similar written instrument, other than a third-party bank check, that has been outstanding for more than seven years after its issuance is presumed abandoned unless the owner, within seven years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.
Title 46, Chap. 30B, §46:30B-12.
Limitation on holder’s power to impose service charges.
A holder may not deduct from the amount of a travelers check or money order any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the issuer and the owner of the instrument pursuant to which the issuer may impose a charge and the issuer regularly imposes the charges and does not regularly reverse or otherwise cancel them.
Title 46, Chap. 30B, §46:30B-13.
Conditions subjecting property to custody of State.
A sum payable on a travelers check, money order, or similar written instrument, other than a third-party bank check, described in R.S.46:30B-11 and R.S.46:30B-12 may not be subjected to the custody of this State as unclaimed property unless:
a. The records of the issuer show that the travelers check, money order, or similar written instrument was purchased in this State;
b. The issuer has its principal place of business in this State and the records of the issuer do not show the state in which the travelers check, money order, or similar written instrument was purchased; or
c. The issuer has its principal place of business in this State, the records of the issuer show the state in which the travelers check, money order, or similar written instrument was purchased and the laws of the state of purchase do not provide for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
Title 46, Chap. 30B, §46:30B-14.
Application of R.S.46:30B-14 in certain cases.
Notwithstanding any other provisions of this chapter, R.S.46:30B-14 applies to sums payable on travelers checks, money orders, and similar written instruments presumed abandoned on or after February 1, 1965, except to the extent that those sums have been paid over to a state prior to January 1, 1974.
Title 46, Chap. 30B, §46:30B-15.
Presumption of abandonment.
Any sum payable on a check, draft, or similar instrument, except those subject to R.S.46:30B-11 and R.S.46:30B-12, on which a banking or financial organization is directly liable, including a cashier’s check and a certified check, which has been outstanding for more than five years after it was payable on demand, is presumed abandoned, unless the owner, within five years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee thereof.
Title 46, Chap. 30B, §46:30B-16.
Limitation on holder’s power to impose charges.
A holder may not deduct from the amount of any instrument subject to R.S.46:30B-16 any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the holder and the owner of the instrument pursuant to which the holder may impose a charge, and the holder regularly imposes the charges and does not regularly reverse or otherwise cancel them.
Title 46, Chap. 30B, §46:30B-17.
Presumption of abandonment.
Any demand, savings, or matured time deposit with a banking or financial organization including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a banking or financial organization is presumed abandoned unless the owner, within 10 years, has:
a. In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest;
b. Communicated in writing with the banking or financial organization concerning the property;
c. Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization;
d. Owned other property to which subsection a., b., or c. applies and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this section at the address to which communications regarding the other property regularly are sent; or
e. Had another relationship with the banking or financial organization concerning which the owner has:
(1) Communicated in writing with the banking or financial organization, or
(2) Otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this section at the address to which communications regarding the other relationship regularly are sent.
Title 46, Chap. 30B, §46:30B-18.
Includable in “property.”
For purposes of R.S.46:30B-18 property includes interest and dividends.
Title 46, Chap. 30B, §46:30B-19.
Limitation on holder’s power to impose charges.
A holder may not impose with respect to property described in R.S.46:30B-18 any charge due to dormancy or inactivity or cease payment of interest unless:
a. There is an enforceable written contract between the holder and the owner of the property pursuant to which the holder may impose a charge or cease payment of interest;
b. For property in excess of $2.00, the holder, no more than three months before the initial imposition of those charges or cessation of interest, has given written notice to the owner of the amount of those charges at the last known address of the owner stating that those charges will be imposed or that interest will cease, but the notice provided in this subsection need not be given with respect to charges imposed or interest ceased before the effective date of this chapter; and
c. The holder regularly imposes the charges or ceases payment of interest and does not regularly reverse or otherwise cancel them or retroactively credit interest with respect to the property.Title 46, Chap. 30B, §46:30B-20.
When automatically renewable property is matured.
Any property described in R.S.46:30B-18 that is automatically renewable is matured for purposes of R.S.46:30B-18 upon the expiration of its initial time period, but in the case of any renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in Article 19 of this chapter, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when a penalty or forfeiture would not result.
Title 46, Chap. 30B, §46:30B-21.
Presumption of abandonment.
Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed for more than five years after the funds became due and payable as established from the records of the insurance company holding or owing the funds, but property described in subsection b. of R.S.46:30B-24 is presumed abandoned if unclaimed for more than two years.
Title 46, Chap. 30B, §46:30B-22.
Presumed address of person entitled to funds other than insured or annuitant if address unknown.
If a person other than the insured or annuitant is entitled to the funds and an address of the person is not known to the company or it is not definite and certain from the records of the company who is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the company.
Title 46, Chap. 30B, §46:30B-23.
Determining maturity of insurance policy or annuity contract.
For purposes of this article, a life or endowment insurance policy or annuity contract not matured by actual proof of death of the insured or annuitant according to the records of the company is matured and the proceeds due and payable if:
a. The company knows that the insured or annuitant has died; or
b. The insured has attained, or would have attained if he were living, the limiting age under the mortality table on which the reserve is based;
c. The policy was in force at the time the insured attained, or would have attained, the limiting age specified in subsection b.; and
d. Neither the insured nor any other person appearing to have an interest in the policy within the preceding two years, according to the records of the company, has assigned, readjusted, or paid premiums on the policy, subjected the policy to a loan, corresponded in writing with the company concerning the policy, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the company.
Title 46, Chap. 30B, §46:30B-24.
Effect of automatic premium loan provision or nonforfeiture provision upon maturity or termination of insurance policy.
For purposes of this article, the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from being matured or terminated under R.S.46:30B-24 if the insured has died or the insured or the beneficiary of the policy otherwise has become entitled to the proceeds thereof before the depletion of the cash surrender value of a policy by the application of those provisions.
Title 46, Chap. 30B, §46:30B-25.
Notice to insured or owner of policy of exercise of automatic premium loan or other nonforfeiture provision.
If the laws of this State or the terms of the life insurance policy require the company to give notice to the insured or owner that an automatic premium loan provision or other nonforfeiture provision has been exercised and the notice, given to an insured or owner whose last known address according to the records of the company is in this State, is undeliverable, the company shall make a reasonable search to ascertain the policyholder’s correct address to which the notice shall be mailed.
Title 46, Chap. 30B, §46:30B-26.
Duty imposed upon company to pay proceeds of insurance or annuity to beneficiary.
Notwithstanding any other provision of law, if the company learns of the death of the insured or annuitant and the beneficiary has not communicated with the insurer within four months after the death, the company shall take reasonable steps to pay the proceeds to the beneficiary.
Title 46, Chap. 30B, §46:30B-27.
Information to be requested in change of beneficiary form.
Commencing two years after the effective date of this chapter, every change of beneficiary form issued by an insurance company under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this State shall request the following information:
a. The name of each beneficiary, or if a class of beneficiaries is named, the name of each current beneficiary in the class;
b. The address of each beneficiary; and
c. The relationship of each beneficiary to the insured.
Title 46, Chap. 30B, §46:30B-28.
Presumption of abandonment.
A deposit, including any interest thereon, made by a subscriber with a utility to secure payment or any sum paid in advance for utility services to be furnished, less any lawful deductions, that remains unclaimed by the owner for more than one year after termination of the services for which the deposit or advance payment was made is presumed abandoned.
Title 46, Chap. 30B, §46:30B-29.
Presumption of abandonment.
Except to the extent otherwise ordered by a court or an administrative agency, any sum that a business association has been ordered to refund by the court or administrative agency which has remained unclaimed by the owner for more than one year after it became payable in accordance with the final determination or order providing for the refund, whether or not the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned.
Title 46, Chap. 30B, §46:30B-30.
Presumption of abandonment.
Except as provided in R.S.46:30B-32 and R.S.46:30B-35, stock or other intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, is presumed abandoned and, with respect to the interest, the association is the holder, if a dividend, distribution, or other sum payable as a result of the interest has remained unclaimed by the owner for seven years and the owner within seven years has not:
a. Communicated in writing with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest; or
b. Otherwise communicated with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest, as evidenced by a memorandum or other record on file with the association prepared by an employee of the association.
Title 46, Chap. 30B, §46:30B-31.
Presumption of abandonment for failure to claim dividend or distribution.
At the expiration of a seven-year period following the failure of the owner to claim a dividend, distribution, or other sum payable to the owner as a result of the interest, the interest is not presumed abandoned unless there have been at least seven dividends, distributions, or other sums paid during the period, none of which has been claimed by the owner. If seven dividends, distributions, or other sums are paid during the seven-year period, the period leading to a presumption of abandonment commences on the date payment of the first unclaimed dividend, distribution, or other sum became due and payable. If seven dividends, distributions, or other sums are not paid during the presumptive period, the period continues to run until there have been seven dividends, distributions, or other sums that have not been claimed by the owner.
Title 46, Chap. 30B, §46:30B-32.
When period of abandonment ceases.
The running of the seven-year period of abandonment ceases immediately upon the occurrence of a communication referred to in R.S.46:30B-31. If any future dividend, distribution, or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a new period of abandonment commences and relates back to the time a subsequent dividend, distribution, or other sum became due and payable.
Title 46, Chap. 30B, §46:30B-33.
Items presumed abandoned when interest presumed abandoned.
At the time an interest is presumed abandoned under this article, any dividend, distribution, or other sum then held for or owing to the owner as a result of the interest, and not previously presumed abandoned, is presumed abandoned.
Title 46, Chap. 30B, §46:30B-34.
Stock or other intangible interests excluded; exception.
This chapter does not apply to any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest unless the records available to the administrator of the plan show, with respect to any intangible ownership interest not enrolled in the reinvestment plan, that the owner has not within seven years communicated in any manner described in R.S.46:30B-31.
Title 46, Chap. 30B, §46:30B-35.
Presumption of abandonment.
Intangible property distributable in the course of a dissolution of a business association which remains unclaimed by the owner for more than one year after the date specified for final distribution is presumed abandoned.
Title 46, Chap. 30B, §46:30B-36.
Presumption of abandonment.
Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within five years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary.
Title 46, Chap. 30B, §46:30B-37.
Presumption of abandonment: unclaimed estate assets.
Except as otherwise provided in this section, property held by a fiduciary as defined in N.J.S.3B:1-1 or an assignee under N.J.S.2A:19-1 et seq. and remaining unclaimed for 90 days after the account of that fiduciary or assignee is allowed or settled informally is presumed abandoned. Unclaimed property held by a fiduciary of an intestate estate payable to the unknown heirs of an intestate decedent shall be presumed abandoned 90 days after publication by the fiduciary of the notice required in N.J.S.3B:5-5.
Title 46, Chap. 30B, §46:30B-37.1
Funds in retirement account or plan.
Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the Internal Revenue laws of the United States are not payable or distributable within the meaning of R.S.46:30B-37 unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.
Title 46, Chap. 30B, §46:30B-38.
When agent deemed to hold property in fiduciary capacity.
For the purpose of this article, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for that business association alone, unless the agreement between him and the business association provides otherwise.
Title 46, Chap. 30B, §46:30B-39.
Fiduciary for business association deemed holder of property.
For the purposes of this article, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.
Title 46, Chap. 30B, §46:30B-40.
Presumption of abandonment:
Superior Court and surrogate. Intangible property deposited or paid into the Superior Court or to the surrogate of any county in this State to the credit of a specific cause or account under the provisions of any law, order, rule, judgment, or decree and remaining unclaimed for a period of 10 years, shall be presumed abandoned. Source: N.J.S.2A:15-76; section 1 of P.L.1948, c.456 (C.40:26A-1).
Title 46, Chap. 30B, §46:30B-41.
Presumption of abandonment: minor’s funds.
Intangible property deposited or paid into the Superior Court or to the surrogate of any county of this State for the benefit of a person who is a minor at the time of the deposit and remaining unclaimed by that person for two years after that person reaches majority is presumed abandoned.
Title 46, Chap. 30B, §46:30B-41.1.
Presumption of abandonment: governmental entity.
Except as otherwise provided in this article, any intangible property held by the executive, legislative, or judicial branch of the United States Government, or a state, or a county or municipal subdivision of a state, or any of their authorities, agencies, instrumentalities, administrations, services or other organizations, and remaining unclaimed for more than one year after it became payable or distributable is presumed abandoned.
Title 46, Chap. 30B, §46:30B-41.2.
Presumption of abandonment.
A credit memo issued in the ordinary course of an issuer’s business which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.
Title 46, Chap. 30B, §46:30B-42.
Amounts presumed abandoned.
In the case of a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo.
Title 46, Chap. 30B, §46:30B-43.
Presumption of abandonment.
Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder’s business which remain unclaimed by the owner for more than one year after becoming payable are presumed abandoned.
Title 46, Chap. 30B, §46:30B-44.
Presumption of abandonment.
All tangible and intangible property held in a safe deposit box or any other safekeeping repository in this State in the ordinary course of the holder’s business and proceeds resulting from the sale of the property permitted by other law, which remain unclaimed by the owner for more than five years after the lease or rental period or other custodial agreement on the box or other repository has expired, are presumed abandoned.
Title 46, Chap. 30B, §46:30B-45.
Duty of holder to report property presumed abandoned.
A person holding property, tangible or intangible, presumed abandoned and subject to custody as unclaimed property under this chapter shall report to the administrator concerning the property as provided in this article.
Title 46, Chap. 30B, §46:30B-46.
Form and contents of report.
The report shall be verified and shall include:
a. Except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property of the value of $25.00 or more presumed abandoned under this chapter;
b. In the case of unclaimed funds of $25.00 or more held or owing under any life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds;
c. In the case of the contents of a safe deposit box or other safekeeping repository or of other tangible property, a description of the property and the place where it is held and may be inspected by the administrator and any amounts owing to the holder;
d. The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, but items of value under $25.00 each may be reported in the aggregate;
e. The date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property;
f. The Social Security account number or federal identification number, if available, of each person appearing to be the owner of the reported unclaimed property; and
g. Other information the administrator prescribes by rule as necessary for the administration of this chapter.
Title 46, Chap. 30B, §46:30B-47.
Contents of report: Superior Court Clerk and surrogate.
The report of the Clerk of the Superior Court or a surrogate shall set forth the following information instead of that required by R.S.46:30B-47:
a. The name of the case in which the deposit was made;
b. The court’s docket or identifying number for the case;
c. The date the deposit was made;
d. The unpaid balance of the original sum deposited;
e. The interest or income earned while on deposit;
f. The total amount payable to the State Treasurer.
Title 46, Chap. 30B, §46:30B-47.1.
Report by successor holder of property.
If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed his name while holding the property, he shall file with his report all known names and addresses of each previous holder of the property.
Title 46, Chap. 30B, §46:30B-48.
Time to file report; postponement.
The report shall be filed before November 1 of each year as of the preceding June 30, but the report of any life insurance company shall be filed before May 1 of each year as of the preceding December 31. On written request by any person required to file a report, the administrator may postpone the reporting date.
Title 46, Chap. 30B, §46:30B-49.
Notice to apparent owner.
Not more than 120 days before filing the report required by this article, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at his last known address informing him that the holder is in possession of property subject to this chapter if:
a. The holder has in its records an address for the apparent owner which the holder’s records do not disclose to be inaccurate;
b. The claim of the apparent owner is not barred by the statute of limitations; and
c. The property has a value of $50.00 or more.
Title 46, Chap. 30B, §46:30B-50.
Posting of notice by Superior Court Clerk and surrogate.
In place of the mailed notice required by R.S.46:30B-50, the Clerk of the Superior Court, not more than 120 days and not less than 90 days before the date that the clerk shall present the report of property presumed abandoned in accordance with R.S.46:30B-41, shall post in his office and in each county clerk’s office where public notices are customarily posted, a notice setting forth the case name and docket number of each case in which a deposit is presumed abandoned and indicating that if the apparent owner does not move to seek an order to withdraw the sum on deposit within 60 days of the date of the notice, the sum on deposit and all accretions thereon shall be delivered to the administrator, to whom all further claim shall be made. A surrogate shall post a similar notice in his office and the county clerk’s office not more than 120 days and not less than 90 days before the surrogate presents the report to the administrator.
Title 46, Chap. 30B, §46:30B-50.1.
Publication of notice by administrator.
The administrator shall cause a notice to be published not later than March 1, or in the case of property reported by life insurance companies, September 1, of the year immediately following the report required by Article 17 of this chapter at least once a week for two consecutive weeks in a newspaper of general circulation in the county of this State in which is located the last known address of any person to be named in the notice. If no address is listed or the address is outside this State, the notice shall be published in the county in which the holder of the property has its principal place of business within this State.
Title 46, Chap. 30B, §46:30B-51.
Form and contents of notice to be published.
The published notice shall contain:
a. The names in alphabetical order and last known addresses, if any, of persons listed in the report and entitled to notice within the county as specified in R.S.46:30B-51;
b. A statement that information concerning the unclaimed property may be obtained by any person having an interest in that property by making a written inquiry to the administrator.
Title 46, Chap. 30B, §46:30B-52.
Items which need not be included in published notice.
The administrator is not required to publish in the notice any items of less than $50.00 unless the administrator considers their publication to be in the public interest.
Title 46, Chap. 30B, §46:30B-53.
Title 46, Chap. 30B, §46:30B-54.
Title 46, Chap. 30B, §46:30B-55.
Article not applicable to travelers checks or money orders or court deposits
This article is not applicable to sums payable on travelers checks, money orders, and other written instruments presumed abandoned under Article 4 of this chapter or court deposits presumed abandoned under Article 13 of this chapter.
Title 46, Chap. 30B, §46:30B-56.
Payment or delivery with report.
At the time of the filing of the report as established by R.S.46:30B-49, a holder shall pay or deliver to the administrator all of the unclaimed property set forth in its report and all accretions thereon, except for the property provided for in R.S.46:30B-58.
Title 46, Chap. 30B, §46:30B-57.
Establishment by owner of right to property before payment or delivery; erroneous presumption of abandonment.
If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the administrator, and the property will no longer be presumed abandoned. In that case, the holder shall file with the administrator a verified written explanation of the proof of claim or of the error in the presumption of abandonment, except that a fiduciary holding property initially thought to be payable to unknown heirs of an intestate decedent and presumed abandoned under R.S.46:30B-37.1 shall not be required to file such verified written explanation.
Title 46, Chap. 30B, §46:30B-58.
Payment or delivery of property not included in report
Property reported under Article 17 of this chapter for which the holder is not required to report the name of the apparent owner shall be delivered to the administrator at the time of filing the report.
Title 46, Chap. 30B, §46:30B-59.
Delivery of duplicate certificates or other evidence of ownership by holder; holder, etc., relieved of liability.
The holder of an interest under Article 10 of this chapter shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the administrator. Upon delivery of a duplicate certificate to the administrator, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability of every kind in accordance with the provision of Article 20 to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the administrator, for any losses or damages resulting to any person by the issuance and delivery to the administrator of the duplicate certificate.
Title 46, Chap. 30B, §46:30B-60.
Transfer of ownership after delivery with report.
When a certificate or other evidence of ownership, or a bond or other debt security, registered in the name of a person is delivered to the administrator pursuant to any provision of this chapter and is presented by the administrator to the issuer thereof or its agent, the issuer shall transfer and register it in the name of “Treasurer, State of New Jersey,” and a new certificate or security, so registered, shall be delivered to the administrator. The issuer and its transfer agent, registrar, or other person acting on behalf of the issuer in executing and delivering the certificate or security shall be fully and automatically relieved from any liability to any person for any loss or damage caused by the transfer, issuance, and delivery of the certificate or security to the administrator.
Title 46, Chap. 30B, §46:30B-60.1.
Custody by state; holder relieved from liability
Upon the payment or delivery of property to the administrator, the state assumes custody and responsibility for the safekeeping of the property. A person who pays or delivers property to the administrator in good faith is relieved of all liability to the extent of the value of the property paid or delivered for any claim then existing or which thereafter may arise or be made in respect to the property.
Title 46, Chap. 30B, §46:30B-61.
Reimbursement of holder paying claim.
A holder who has paid money to the administrator pursuant to this chapter may make payment to any person appearing to the holder to be entitled to payment and, upon filing proof of payment and proof that the payee was entitled thereto, the administrator shall promptly reimburse the holder for the payment without imposing any fee or other charge. If reimbursement is sought for a payment made on a negotiable instrument, including a travelers check or money order, the holder shall be reimbursed under this section upon filing proof that the instrument was duly presented and that payment was made to a person who appeared to the holder to be entitled to payment. The holder shall be reimbursed for payment made under this section even if the payment was made to a person whose claim was barred under R.S.46:30B-88.
Title 46, Chap. 30B, §46:30B-62.
Holder reclaiming property for owner.
A holder who had delivered property (including a certificate of any interest in a business association) other than money to the administrator pursuant to this chapter may reclaim the property if still in the possession of the administrator, without paying any fee or other charge, when filing proof that the owner has claimed the property from the holder.
Title 46, Chap. 30B, §46:30B-63.
Proof by holder to recover money or property.
The administrator may accept the holder’s affidavit as sufficient and proper under this article.
Title 46, Chap. 30B, §46:30B-64.
Defending and indemnifying holder against claims for property paid or delivered
If the holder pays or delivers property to the administrator in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the administrator, upon written notice of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim.
Title 46, Chap. 30B, §46:30B-65.
“Good faith” defined.
For the purposes of this article, “good faith” means that:
a. Payment or delivery was made in a reasonable attempt to comply with this chapter;
b. The person delivering the property was not a fiduciary then in breach of trust in respect to the property and had a reasonable basis for believing, based on the facts then known to him, that the property was abandoned for the purposes of this chapter; and
c. There is no showing that the records pursuant to which the delivery was made did not meet reasonable commercial standards of practice in the industry.
Title 46, Chap. 30B, §46:30B-66.
Payment of safe deposit box or repository charges.
Property removed from a safe deposit box or other safekeeping repository is received by the administrator subject to the holder’s right under this section to be reimbursed for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges, which the administrator shall reimburse or pay the holder out of the proceeds remaining after deducting the administrator’s selling costs.
Title 46, Chap. 30B, §46:30B-67.
Crediting dividends, interest or other increments to owner’s account.
Whenever property other than money is paid or delivered to the administrator under this chapter, the owner is entitled to receive from the administrator any dividends, interest, or other increments realized or accruing on the property at or before liquidation or conversion thereof into money.
Title 46, Chap. 30B, §46:30B-68.
Sale of abandoned property.
Except as provided in R.S.46:30B-70 and R.S.46:30B-71, the administrator shall, within three years after the receipt of abandoned property, sell it to the highest bidder at public sale in whatever municipality in the state affords in the judgment of the administrator the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if in the judgment of the administrator the bid is insufficient. If in the judgment of the administrator the probable cost of sale exceeds the value of the property, it need not be offered for sale. Except as provided in R.S.46:30B-72.1, any sale held under this section shall be preceded by a single publication of notice, at least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold.
Title 46, Chap. 30B, §46:30B-69.
Sale price of securities.
Securities listed on an established stock exchange shall be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable.
Title 46, Chap. 30B, §46:30B-70.
Securities to be held one year before sale; exception.
Unless the administrator considers it to be in the best interest of the State to do otherwise, all securities, other than those presumed abandoned under Article 10 of this chapter, delivered to the administrator shall be held for at least one year before he may sell them.
Title 46, Chap. 30B, §46:30B-71.
Securities to be held three years before sale; rights of claimant if securities sold before or after end of three-year period.
Unless the administrator considers it to be in the best interest of the State to do otherwise, all securities presumed abandoned under Article 10 of this chapter and delivered to the administrator shall be held for at least three years before he may sell them. If the administrator sells any securities delivered pursuant to Article 10 of this chapter before the expiration of the three-year period, any person making a claim pursuant to this chapter before the end of the three-year period is entitled to either the proceeds of the sale of the securities or the market value of the securities at the time the claim is made, whichever amount is greater, less any deduction for fees pursuant to R.S.46:30B-75. A person making a claim under this chapter after the expiration of this period is entitled to receive either the securities delivered to the administrator by the holder, if they still remain in the hands of the administrator, or the proceeds received from sale, less any amounts deducted pursuant to R.S.46:30B-75, but no person has any claim under this chapter against the State, the holder, any transfer agent, registrar, or other person acting for or on behalf of a holder for any appreciation in the value of the property occurring after delivery by the holder to the administrator.
Title 46, Chap. 30B, §46:30B-72.
Sale of tangible property.
Regarding the sale of tangible property, such as jewelry and works of art, the administrator shall follow the specifications for payment of safe deposit box or repository charges set forth in R.S.46:30B-67, and shall proceed with the sale as follows:
a. Thirty days prior to the public sale, notification by standardized form shall be sent to the last known address of the owner by registered or certified mail.
b. Ten days prior to the public sale, legal notice of abandoned property and intent to auction shall be advertised in a regularly published local newspaper.
c. An itemized list of auctionable items shall be prepared by the administrator, identifying each by owner, box and item number. The list shall be prepared in duplicate, the original to be given to the auctioneer, and the copy to be retained on file at the office of the administrator.
d. The holder of the unclaimed property shall receive due compensation, as specified in R.S.46:30B-67.
e. The office of the administrator shall receive compensation equal to the amount due for the cost of mailing the notice of public auction, and newspaper notices, and a sum equal to the break-open charge of the safe deposit box, to be forwarded to the office of the administrator and used for activities consistent with the execution of the duties of that office.
f. Any remaining balance of funds shall be taken into the custody of the State of New Jersey pursuant to this act.
Title 46, Chap. 30B, §46:30B-72.1.
Rights of purchaser of property.
The purchaser of property at any sale conducted by the administrator pursuant to this chapter takes the property free of all claims of the owner or previous holder thereof and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.
Title 46, Chap. 30B, §46:30B-73.
The administrator shall establish and manage four separate trust funds to be known as the Unclaimed County Deposits Trust Fund, the Unclaimed Child Support Trust Fund, the Unclaimed Utility Deposits Trust Fund and the Unclaimed Personal Property Trust Fund.
a. All moneys received as unclaimed county deposits and the accretions thereon shall be deposited into the Unclaimed County Deposits Trust Fund. Each year, unless the administrator deems it prudent and advisable to do otherwise, the administrator shall pay to each county, within 45 days of the receipt of such funds, 75% of the unclaimed county deposits received from that county by the administrator. The remaining portion shall be retained in the trust fund, administered and invested by the State Treasurer, and used to pay claims duly presented and allowed and all expenses and costs incurred by the State of New Jersey. If the Unclaimed County Deposits Trust Fund is insufficient to pay specific claims against a county, the administrator shall report the fact to the county governing body and the unpaid claim shall become an affirmative obligation of that county.
Upon the effective date of this act, any county deposits paid to the administrator between April 18, 1989 and the effective date of this act shall be transferred from the Unclaimed Personal Property Trust Fund to the Unclaimed County Deposits Trust Fund.
b. All moneys received in unclaimed property deposits from electric and gas utilities shall be deposited into the Unclaimed Utility Deposits Trust Fund. Each year, unless the administrator deems it prudent and advisable to do otherwise, the administrator shall pay to the New Jersey Statewide Heating Assistance and Referral for Energy Services (SHARES) nonprofit corporation, or to another Statewide nonprofit energy assistance organization designated by the Board of Public Utilities within 45 days of the receipt of such funds, 75% of the unclaimed utility deposits received from each of the electric and gas utilities by the administrator. Such payments received from the administrator shall be used exclusively for the payment of expenses associated with the restoration of electric or gas service, or to prevent the termination of electric or gas service provided to utility ratepayers seeking assistance from New Jersey SHARES, or an equivalent nonprofit energy assistance organization designated by the Board of Public Utilities. The remaining portion shall be retained in the trust fund, administered and invested by the State Treasurer, and used to pay claims duly presented and allowed and all expenses and costs incurred by the State of New Jersey.
Upon the effective date of P.L.2000, c.132 (C.48:2-29.38 et al.), any unclaimed deposits held by electric and gas utilities paid to the administrator between July 1, 1998 and the effective date of this act shall be transferred from the Unclaimed Personal Property Trust Fund to the Unclaimed Utility Deposits Trust Fund.
c. All other moneys received as unclaimed property presumed abandoned, the accretions thereon, and the proceeds of sale of unclaimed property shall be deposited into the Unclaimed Personal Property Trust Fund. Unless the administrator deems it prudent and advisable to do otherwise, 75% of all funds received shall be transferred to the General State Fund. The remaining portion shall be retained in the trust fund, administered and invested by the State Treasurer, and used to pay claims duly presented and allowed and all expenses and costs incurred by the State of New Jersey.
Upon the effective date of this act, all funds and assets of the trust funds established pursuant to N.J.S.2A:37-41, section 8 of P.L.1945, c.199 (C.17:9-25), and N.J.S.17B:31-7, shall be transferred to and become part of the Unclaimed Personal Property Trust Fund established by this act, which shall be responsible for payment of any allowed claims for restitution of unclaimed property paid into those three funds.
d. All moneys received as abandoned child support and the accretions thereon shall be deposited in the Unclaimed Child Support Trust Fund. Each year, the administrator shall pay to the judiciary, within 45 days of the receipt of such funds, the federal government’s Title IV-D share of the abandoned child support received from the Probation Division of the Superior Court. The remaining portions shall be retained in the trust fund, administered and invested by the State Treasurer, and used to pay claims duly presented and allowed and all expenses and costs incurred by the State of New Jersey. If the Unclaimed Child Support Trust Fund is insufficient to pay specific claims against a county, the administrator shall report the fact to the judiciary and the unpaid claim shall become an affirmative obligation of the judiciary.
