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This entry was published on 2014-09-22
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Assurance fund
Real Property (RPP) CHAPTER 50, ARTICLE 12
§ 426. Assurance fund. 1. Upon the original registration of real
property, there shall be paid to the registrar one-tenth of one per
centum of the value thereof on the basis of the last assessment for
local taxation, as an assurance fund for land registered in his county.
Subsequent to the original registration, there shall also be paid to the
registrar, and by him transferred to the said fund, the parts or
portions of the fees so designated by section four hundred four-a and
section four hundred thirty-two of this article. All moneys so received
by the registrar under the provisions of this section shall be paid to
the treasurer of the county (in New York city to the commissioner of
finance), and shall be invested by him in the same manner as are other
trust funds. All such moneys as have been so transferred by the
registrar to the treasurer of the county (in New York city to the city
chamberlain) prior to the first day of July, nineteen hundred
twenty-nine, and have been disposed of as provided by the law prior to
said date, shall be returned to such treasurer of the county (in New
York city to the commissioner of finance) and shall become a part of
such trust fund. The proper local county or city authorities are hereby
authorized and directed to make such appropriations of funds as may be
necessary for this purpose. Said treasurer (or commissioner of finance)
shall keep a separate account of such trust funds and report annually
thereon as required by law in reference to other trust funds in his

2. All assurance funds held by the treasurer of the county or in New
York city by the commissioner of finance, pursuant to this section for
more than six years shall be deemed surplus. All monies in said fund,
which have been deemed surplus, or so much thereof as may be necessary,
shall be made available on January first, nineteen hundred ninety-seven,
and shall be used to cover the costs incurred while performing the
transfers required by section four hundred thirty-six of this article.
Provided there are no claims filed against said fund that would affect
release, such remaining surplus funds may be released by such treasurer
or commissioner of finance and paid into the general fund of the county
or city. If a claim is filed against such fund subsequent to such
release, the general fund of such county shall repay the assurance fund
such released funds with interest thereon at the prevailing rate up to
the amount of released funds sufficient to cover payments made pursuant
to such claim.

3. All such assurance funds created by any county or city shall be
terminated on January first, two thousand six, and all remaining monies
are to be transferred to the general fund of the county or city.