(a)
- (1) If a trading stamp company fails to redeem its trading stamps, each rightful holder of its trading stamps may make a claim against the bond in accordance with this section.
- (2) For purposes of this section, a rightful holder includes a retailer that rightfully holds trading stamps for issuance to customers.
- (b) The claim shall be submitted to the Secretary of State within 3 months after the failure to redeem trading stamps.
(c)
- (1) The Secretary of State promptly shall determine whether the trading stamp company should have redeemed its trading stamps.
- (2) If the Secretary of State so determines, the Secretary of State shall notify the trading stamp company of that determination.
(d)
- (1) If the trading stamp company fails to redeem its trading stamps within 10 days after the notification, the Secretary of State shall publish notice of the failure in 3 consecutive issues of 1 or more newspapers that have general circulation in the State.
- (2) The notice shall state the time within which proofs of claim and the trading stamps on which they are based must be submitted to the Secretary of State.
- (e) Proofs of claim and the trading stamps on which they are based shall be submitted to the Secretary of State within 3 months after the first publication of the notice.
- (f) Promptly after the end of the 3-month period, the Secretary of State shall determine the validity of all claims.
(g) The surety shall pay to the Secretary of State the lesser of:
(1) the amount necessary to satisfy:
- (i) all valid claims; and
- (ii) reasonable administrative costs to determine and pay the claims; or
- (2) the amount of the bond.
(h) The Secretary of State promptly shall:
- (1) distribute equitably to the claimants the proceeds of the bond, less reasonable administrative costs; and
- (2) destroy the trading stamps surrendered to the Secretary of State.
(i)
- (1) On the effective date of each new bond that a trading stamp company submits, all liability on earlier bonds ends.
- (2) A rightful holder who makes a claim under this section on or after that date shall make the claim only against the new bond.
Added by Acts 1992, c. 4, § 2.
Formerly Art. 56, § 242.