NMSA 1978, § 7-8A-4 — Rules for taking custody

Except as otherwise provided in the Uniform Unclaimed Property Act (1995) or by
other statute of this state, property that is presumed abandoned, whether located in this
or another state, is subject to the custody of this state if:

# (1)

the last known address of the apparent owner, as shown on the records of
the holder, is in this state;

# (2)

the records of the holder do not reflect the identity of the person entitled to
the property and it is established that the last known address of the person entitled to
the property is in this state;

# (3)

the records of the holder do not reflect the last known address of the
apparent owner and it is established that:
(i) the last known address of the person entitled to the property is in this
state; or
(ii) the holder is domiciled in this state or is a government or governmental
subdivision, agency, or instrumentality of this state and has not previously paid or
delivered the property to the state of the last known address of the apparent owner or
other person entitled to the property;

# (4)

the last known address of the apparent owner, as shown on the records of
the holder, is in a state that does not provide for the escheat or custodial taking of the
property and the holder is domiciled in this state or is a government or governmental
subdivision, agency, or instrumentality of this state;

# (5)

the last known address of the apparent owner, as shown on the records of
the holder, is in a foreign country and the holder is domiciled in this state or is a
government or governmental subdivision, agency, or instrumentality of this state;

# (6)

the transaction out of which the property arose occurred in this state, the
holder is domiciled in a state that does not provide for the escheat or custodial taking of
the property, and the last known address of the apparent owner or other person entitled
to the property is unknown or is in a state that does not provide for the escheat or
custodial taking of the property; or

# (7)

the property is a traveler's check or money order purchased in this state,
or the issuer of the traveler's check or money order has its principal place of business in
this state and the issuer's records show that the instrument was purchased in a state
that does not provide for the escheat or custodial taking of the property, or does not
show the state in which the instrument was purchased.