Section 576. Claims by rightful holders of trading stamps  


Latest version.
  • 1. If a trading
      stamp company defaults in the redemption of its  stamps  when  they  are
      duly  presented  for  redemption  by residents of this state who are the
      rightful holders of such  stamps,  all  such  holders  of  such  trading
      stamps, including retailers in possession of such stamps for issuance to
      customers,  shall  be entitled to make claim against such bond. Any such
      rightful holder of trading  stamps  may,  after  such  default,  file  a
      complaint  with  the  secretary  of  state,  who  shall forthwith make a
      determination whether there  has  been  a  default.  If  said  secretary
      determines  that  there has been a default, he shall give notice of such
      determination to the company and,  if  such  default  is  not  corrected
      within  ten  days,  he  shall  publish  notice  of such default in three
      consecutive publications  of  one  or  more  newspapers  having  general
      circulation  throughout this state and therein require that proof of all
      claims for redemption of the trading stamps of  such  company  be  filed
      with  him,  together  with  the  trading  stamps upon which the claim is
      based, within six months after the date of the first  such  publication.
      The  secretary  of state shall acknowledge receipt of all trading stamps
      submitted with such claims and determine the validity of all  claims  so
      filed  promptly  after  the  expiration  of  such  period. Thereupon the
      secretary shall be paid by the surety such  amount,  not  exceeding  the
      principal  sum  of  the bond, as shall be necessary to satisfy all valid
      claims so  filed.  The  secretary  shall  promptly  thereafter  make  an
      equitable distribution of the proceeds of the bond to such claimants and
      shall destroy the trading stamps so surrendered.
        2.  The  assertion of a claim by holders of trading stamps against the
      bond of a defaulting trading stamp  company  pursuant  to  this  section
      shall not affect or impair any other rights or remedies such holders may
      have  against  such company under any other statute or at common law. In
      the pursuit of any such right or  remedy,  the  receipt  issued  by  the
      secretary  of  state for trading stamps received in connection with such
      claims asserted pursuant to this section shall be evidence that  persons
      having  such  receipts  were  holders  of  such  stamps  prior  to their
      surrender to the secretary.
        3. The costs and other charges incurred by the secretary of  state  in
      performing  the  duties  set  forth  in  this section shall constitute a
      proper charge against the trading stamp company which has defaulted, or,
      in the event of the trading stamp company's failure to pay, against  the
      bond  filed  by that company, and shall constitute a prior claim against
      such company or such bond, except that in no event shall the  surety  be
      liable  for  such  charge  and all other valid claims as an aggregate in
      excess of the principal sum of the bond.