Section 575. Bond required  


Latest version.
  • 1.  At  the time of filing each registration
      statement, the trading stamp company must also file with  the  secretary
      of  state a bond payable to the people of the state of New York and duly
      executed by the company and a corporate surety qualified to do  business
      in  this  state;  such bond shall be conditioned upon the performance by
      the trading stamp company of its obligation  to  redeem  trading  stamps
      issued  by  retailers  in  this  state  when they are duly presented for
      redemption by the rightful holders.
        2. The principal sum of the bond required by this article shall be  as
      follows:  if  the  company has not previously done business as a trading
      stamp company in this state, or if the  company's  gross  receipts  from
      such  business  during  its  last  fiscal  year was not in excess of one
      hundred thousand  dollars  the  principal  sum  shall  be  ten  thousand
      dollars;  for  each additional one hundred thousand dollars, or fraction
      thereof, of  gross  receipts  from  such  business  in  this  state,  an
      additional  ten  thousand  dollars,  but  such bond shall not exceed one
      hundred fifty thousand dollars.
        3. On the effective date of each new bond, any and  all  liability  on
      all  bonds  previously filed under this article shall terminate, and all
      rightful holders of trading stamps who prosecute their claims under this
      article shall prosecute such claims solely against the new bond and only
      by filing proofs of claim with the secretary  of  state  in  the  manner
      provided in this article.
        4.  In  lieu  of  the bond required by this section, the trading stamp
      company may post with the secretary of state  (a)  money  equal  to  the
      amount  of  the  bond  otherwise required or (b) securities equal to one
      hundred twenty percent of the bond otherwise required.  Such  securities
      shall be of the same kinds and classes as those in which the comptroller
      may  invest  the  funds of the state pursuant to section ninety-eight of
      the state finance law, or in which a fiduciary may invest funds he holds
      for investment pursuant to subparagraphs A through I of subparagraph (1)
      of paragraph (a) of section 11-2.2 of the  Estates,  Powers  and  Trusts
      Law.