N.Y. Abandoned Property Law § 1405: Accrual of interest after payment of abandoned property to the state comptroller

§ 1405. Accrual of interest after payment of abandoned property to the

state comptroller. 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.