§ 292:31 — Abandonment of Stock or Certificate

I. Stock or membership certificates in a voluntary corporation, in the absence of bylaws which mandate rules regarding abandonment, which stock or certificates are evidenced by records available to the corporation, are presumed abandoned, and such stock or certificates shall be held by the corporation if the owner within 3 years has not:
(a) Communicated in writing with the corporation regarding the stock or a dividend, distribution or other sum payable as a result of the interest;
(b) Otherwise communicated with the corporation regarding the stock, as evidenced by a memorandum or other record on file with the corporation prepared by an employee of the corporation; or
(c) Has not exercised its ownership rights, including voting rights, regarding the stock.
II. At the expiration of a 3-year period following the failure of the owner to assert its rights under its stock, the stock is not presumed abandoned unless there have been at least 2 notices mailed to the owner's last address as reflected in the corporation's records which do not disclose this address to be inaccurate. These notices shall be sent at least 12 months apart from each other and the last of these 2 notices shall be sent 90 days prior to the termination of the 3-year period.
III. The running of the 3-year period of abandonment ceases immediately upon the occurrence of a communication by the owner to the corporation.
IV. At the time the stock is presumed abandoned under this section, any dividend, distribution, or other sum then held for, or owing to the owner as a result of the stock and not previously presumed abandoned shall be presumed abandoned.
V. The corporation holding the presumedly abandoned stock shall report to the state treasurer concerning the property.
VI. The report shall be verified and shall include:
(a) The name, if known, and last known address, if any, of each person appearing from the records of the corporation to be the owner of property of the value of $25 or more presumed abandoned under this chapter.
(b) A description of the property and the place where it is held and where it may be inspected by the state treasurer and any amounts owing to the corporation.
(c) 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 each may be reported in the aggregate.
(d) The date of the last transaction with the apparent owner with respect to the property.
(e) Other information the state treasurer prescribes by rules adopted pursuant to RSA 541-A relative to the administration of this section.
VII. The report shall be filed before November 1 of each year for the property presumed to be abandoned as of June 30 of that year. On written request by any corporation required to file a report, the state treasurer may postpone the reporting date.
VIII. Not more than 120 days before filing the report required by this section, the holder in possession of property abandoned and subject to custody as unclaimed property under this section shall send written notice to the apparent owner at his last known address informing him that the corporation is in possession of property subject to this section if:
(a) The corporation has in its records an address for the apparent owner which the corporation's records do not disclose to be inaccurate.
(b) The claim of the apparent owner is not barred by the statute of limitations.
(c) The property has a value of $25 or more.
IX. Within 120 days from the termination of the 3-year abandonment period, the state treasurer, after review of the report submitted by the corporation and the finding that all procedural requirements have been performed, and if the report is deemed to be correct and the procedures are deemed to have been performed properly, the state treasurer shall declare the property abandoned, and the corporation shall have a right to retain the abandoned property as capital assets.

Legislative History

1991, 261:14, eff. Jan. 1, 1992.