Bill Text: NY A07742 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Includes unclaimed virtual currency as abandoned property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-06-02 - substituted by s9360 [A07742 Detail]
Download: New_York-2021-A07742-Introduced.html
Bill Title: Includes unclaimed virtual currency as abandoned property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-06-02 - substituted by s9360 [A07742 Detail]
Download: New_York-2021-A07742-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7742 2021-2022 Regular Sessions IN ASSEMBLY May 21, 2021 ___________ Introduced by M. of A. LAVINE -- (at request of the State Comptroller) -- read once and referred to the Committee on Judiciary AN ACT to amend the abandoned property law, in relation to including unclaimed virtual currency within the scope of property covered by such law; authorizing the promulgation of regulations recognizing electronic communication as written contact; and requiring reporting of unclaimed property belonging to deceased persons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 103 of the abandoned property law is amended by 2 adding two new subdivisions (h) and (i) to read as follows: 3 (h) "Virtual currency" shall have the same meaning as set forth in 23 4 NYCRR 200.2(p). 5 (i) "Virtual currency business activity" shall have the same meaning 6 as set forth in 23 NYCRR 200.2(q). 7 § 2. The abandoned property law is amended by adding a new section 8 1423 to read as follows: 9 § 1423. Electronic contact. Notwithstanding any other provision of 10 this chapter, the comptroller shall promulgate rules and regulations 11 establishing when an electronic communication from the apparent owner of 12 amounts or securities as defined in section one hundred three of this 13 chapter shall constitute "written contact" for purposes of tolling the 14 dormancy period. 15 § 3. The abandoned property law is amended by adding a new section 16 1318 to read as follows: 17 § 1318. Unclaimed virtual currency. 1. Any virtual currency held or 18 owing by any banking organization, corporation or other entity engaged 19 in virtual currency business activity which shall have remained 20 unclaimed by the person entitled thereto for a period of three years 21 shall be deemed abandoned property if: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10524-01-1A. 7742 2 1 (a) the last known address of the person entitled to such virtual 2 currency as shown on the books and records of the entity engaging in the 3 virtual currency business activity is located in the state; or 4 (b) the last known address of the person entitled to such virtual 5 currency is not shown on the books and records of the entity engaging in 6 the virtual currency business activity and the entity is incorporated in 7 this state. 8 2. (a) Any virtual currency held or owing by a banking organization, a 9 corporation or other entity engaged in virtual currency business deemed 10 abandoned under this section as of the thirtieth day of the preceding 11 June shall be paid or delivered to the comptroller on or before the 12 tenth day of the next succeeding November. 13 (b) Payment or delivery shall be accompanied by a true and accurate 14 report setting forth information relating to such abandoned property as 15 the comptroller may require. 16 3. Virtual currency reported to the comptroller pursuant to this 17 section shall be sold on any established exchange, or by such other 18 means as the comptroller shall deem advisable, as soon as the comp- 19 troller in his or her discretion deems practicable. 20 4. The proceeds of the sale of virtual currency, less all costs 21 incurred in connection with such sale, shall be deposited by the comp- 22 troller in the abandoned property fund and any claimant to such virtual 23 currency shall be entitled only to the proceeds of the sale of such 24 virtual currency by the comptroller. 25 § 4. The abandoned property law is amended by adding a new section 26 1424 to read as follows: 27 § 1424. Deceased persons. Notwithstanding any other provision of law 28 to the contrary, any unclaimed property subject to the mandatory report- 29 ing provisions of this chapter owned by a person who has been deceased 30 for the statutory dormancy period applicable to such property shall be 31 deemed abandoned property. 32 § 5. This act shall take effect immediately.