Section 1405. Accrual of interest after payment of abandoned property to the state comptroller  


Latest version.
  •  1. (a) Notwithstanding any other provision of law, no
      owner  of  abandoned  property  shall be entitled to receive interest on
      account of such abandoned property from and after the date a payment  of
      such  abandoned  property  is  hereafter  made  to the state comptroller
      pursuant to this chapter or any  law  relating  to  abandoned  property,
      whether  or  not  he  was entitled to interest on such property prior to
      such date, except that interest at  the  overpayment  rate  set  by  the
      commissioner  of  taxation  and  finance  pursuant  to subsection (j) of
      section six hundred ninety-seven of the tax  law,  less  one  percentage
      point,  shall  accrue  to abandoned property hereafter paid to the state
      comptroller under the following provisions  of  this  chapter,  for  the
      first five years such property is held by him:
        (i)  paragraph (a) of subdivision one of section three hundred of this
      chapter; or
        (ii) subdivision one of section four hundred of this chapter; or
        (iii) paragraph (a) of subdivision one of section six hundred of  this
      chapter; or
        (iv) subdivision one of section ten hundred of this chapter.
        (b)  No  claimant  to  abandoned property heretofore paid to the state
      comptroller shall be entitled to receive interest  on  account  of  such
      property,  whether  or  not he was entitled to interest on such property
      prior to such payment, except that as to abandoned property paid to  the
      state  comptroller  pursuant  to  the  provisions of sub-paragraphs (i),
      (ii), (iii) and (iv) of subdivision one of this section no earlier  than
      five   years   preceding   the  first  day  of  July,  nineteen  hundred
      seventy-seven, such abandoned property shall accrue simple interest  for
      that  portion of such five year period remaining after the thirtieth day
      of June, nineteen hundred seventy-seven.
        2. (a) Notwithstanding subdivision one of this section,  any  property
      heretofore  or  hereafter  received by the state comptroller pursuant to
      this chapter or  any  law  relating  to  the  disposition  of  abandoned
      property,  which is subject to the interest crediting provisions of part
      five hundred of foreign assets control regulations,  part  five  hundred
      fifteen  of Cuban assets control regulations or part five hundred twenty
      of foreign funds control regulations of the United States department  of
      the  treasury,  shall  be credited with interest at a rate not less than
      the maximum rate payable on the shortest time deposit available  in  any
      domestic bank in this state.
        (b)  Interest  shall  be  credited  from  the  effective  date of this
      subdivision, to abandoned property subject  to  paragraph  (a)  of  this
      subdivision for so long as such property continues to be subject to part
      five  hundred  of  foreign assets control regulations, part five hundred
      fifteen of Cuban assets control regulations or part five hundred  twenty
      of  foreign funds control regulations of the United States department of
      the treasury and is held by the state comptroller.