This website began as a reference - a collection of information - to try to understand how and why the State of Delaware took Our Properties.
We recorded all phone calls.
We understand that the claim form - finally sent to us on August 24 2016 - does not specify the number of shares (L) Claimed Securities 0.0000.
We understand that the dividends/checks sent by The Holder are not dated “void after xxx days”
We understand the State of Delaware has requested us to sign a release form based on the above – somewhat of an illegal coercion – which states:
“Upon payment of this claim, said claimant will indemnify and hold harmless the State of Delaware, its Officers and Employees from any damages, claims or losses of any kind resulting in payment to the claimant under the provisions of Delaware Revised Statutes.”We understand that we cannot deposit any funds received from the State of Delaware – as we would be agreeing to the release statement and we do not agree with the possible sale / liquidation of our shares / Our Properties.
Definition of Lost Securityholder
We understand that “The Holder” has not received any notifications that we did not receive dividends sent to us by ordinary mail.
We understand that we received, as shareholders, correspondence at our registered address that has not been returned undeliverable.
We understand that we have not changed address since 1976.
https://www.sec.gov/rules/final/34-39176.txt
https://www.law.cornell.edu/cfr/text/17/240.17Ad-17
http://www.ecfr.gov/cgi-bin/text-idx?SID=6adf43e3e2743bcd3548f6a31f9242e5&mc=true&node=se17.4.240_117ad_617&rgn=div8
(2) Lost securityholder means a securityholder:
(i) To whom an item of correspondence that was sent to the securityholder at the address contained in the transfer agent's master securityholder file or customer security account records of the broker or dealer has been returned as undeliverable; provided, however, that if such item is re-sent within one month to the lost securityholder, the transfer agent, broker, or dealer may deem the securityholder to be a lost securityholder as of the day the resent item is returned as undeliverable; and ...
1. Definition of Lost Securityholder
Rule 17Ad-17 generally defines a "lost securityholder" as a securityholder to whom an item of correspondence that was sent to the securityholder at the address in the transfer agent's master securityholder file has been returned as undeliverable.<(10)>
Please confirm the above to be correct – for us to be able to decide how
to proceed.
To date, we believe a Class Action - will be convenient to protect others - and encourage them to protect themselves from the State of Delaware´s UPL - which appear to be in violation of the basic rights - as defined in the United States Constitution as well as Federal Laws dating back to 1911.
Due to the unknown future of the US leadership - Judicial Systems and Laws – we believe this to be the most feasible solution at this time – “the social media" – as well as “the media” – have proven to be quite effective and until another United States Amendment is challenged/abolished (“the Freedom of Speech”) – we will rely on this solution to inform - animate and unite other "victims" of these gross irregularites.
We await your prompt clarification of information.
REFERENCES FOUND TO DATE
17Ad-17(b)(2) undeliverable
5. Rule 17Ad-17(b)(2), as amended herein, defines a “lost securityholder” to mean “a securityholder: (i) To whom an item of correspondence that was sent to the securityholder at the address contained in the transfer agent's master securityholder file or in the customer security account record of the broker or dealer has been returned as undeliverable; provided, however, that if such item is re-sent within one month to the lost securityholder, the transfer agent, broker, or dealer may deem the securityholder to be a lost securityholder as of the day the re-sent item is returned as undeliverable; and (ii) For whom the transfer agent, broker, or dealer has not received information regarding the securityholder's new address.”
240.17Ad-17 Lost securityholders and unresponsive payees
Lost securityholder
Dodd-Frank also proposed new rules that will change the way all paying agents handle uncashed checks
SECURITIES TRANSFER ASSOCIATION, INC. (STA) - March 2012 - ... Quotes from this letter to Delaware State ... (please read) :
Honorable Jack Markell
Governor of Delaware
Carvel State Office Building
820 North French Street, 12
th
Floor
Wilmington DE 19801
RE: Application and Interpretation of Delaware
Unclaimed Property Law
" ... Additionally, as the State Escheator has the authority to liquidate security property at his discretion, we believe that shareholders may be further disadvantaged when claiming escheated property from the state and they may not be returned their actual property (i.e. the securities) but rather, a cash equivalent equal to the amount received at the time of liquidation.
As you may be aware there are currently several cases pending where the state has liquidated shares at low prices, and the owners have been provided with far less than the value of their investments due to the state’s actions."
"Unclaimed property laws were implemented to protect the rights of the property owner, however this current interpretation appears to circumvent that protection and look to disenfranchise the owner.
The SEC regulation also defines a lost securityholder as someone who has been sent correspondence which is subsequently returned undeliverable by the postal service."
"However, as the State Escheator’s interpretation is that the Delaware code no longer requires that the location of the owner be unknown, the requirement for the federally regulated due diligence would in the majority of cases never be triggered before the property is deemed abandoned by the State of Delaware.
In effect, the State Escheator’s interpretation would result in the transfer agents needing to choose between complying with federal law or state law."
The fiscal years of all states but four end on June 30:
EFFECTIVE DATES: The amendments will become effective on
March 25, 2013. The compliance date will be January 23, 2014.
One commenter asked whether the rule would apply retroactively, meaning that notifications might be required for checks already outstanding.84
The Commission notes that the changes to the rule will apply only prospectively.
The Commission notes that the changes to the rule will apply only prospectively.
Commission anticipates changing the title of the collection to “Obligation to Search for Lost
Securityholders and Notify Unresponsive Payees” to reflect the amendments to Rule 17Ad-17
and the change in the title of the rule.98
correspondence
undeliverable
unresponsive payee - missing securityholder
SEC Approves New Rules Regarding Lost Holders of Securities
FACT
In December 2013, following a lengthy investigation, special prosecutor E. Norman Veasey released a 101-page report - that found that some campaign donors contributed in excess of the legal limits to several state campaigns, including Markell's 2008 race.[43]
- Markell was first elected Governor in 2008 and was sworn in on January 20, 2009
"In 2008, the Delaware legislature amended the state’s unclaimed propertylaw to reduce the dormancy period on certain property types from 5 years to 3 years.
At the same time, the need for the location of the owner to be unknown as a trigger to escheatment was also removed from the legislation. According to the State Escheator’s website, the reduction of the dormancy period was supported by the following justification; ..."
While growing up, she left high school at age 16 to help support her family. Subsequently ....
Christopher Tigani, who ran N.K.S. Distributors Inc., signed a 66-year lease on 10.3 acres of land on the east side of Milford for $1,500 a month in 2006, just two months after a state appraiser set the rent at $84,125 a month, public records show.
Although the land needed to be rezoned from residential to commercial when Tigani signed the lease, his company made only one payment until the property was annexed by Milford as commercial two years later. So far, N.K.S. has paid $79,200 in rent — $3.96 million less than it would have paid at the rate the state land appraiser originally proposed
https://johncarney.org/wp-content/uploads/2014/05/Carney_Gov_Annc_FINAL_Website.mp4?_=1
WE WILL BE ADDING MORE SOON. IN THE MEANTIME - PLEASE GET ANY OF YOUR PROPERTIES OUT OF DELAWARE OR COMPANIES REGISTERED IN DELAWARE.
http://gpde.us/2013/12/really-corrupt-politics-charges/
THEN THE SOON TO BE ENDED GOVERNOR - Jack Alan Markell
In December 2013, following a lengthy investigation, special prosecutor E. Norman Veasey released a 101-page report - that found that some campaign donors contributed in excess of the legal limits to several state campaigns, including Markell's 2008 race.[43]
THE NEW GOVERNOR - WILL SUCEED MARKELL ON
January 17, 2017
https://johncarney.org/wp-content/uploads/2014/05/Carney_Gov_Annc_FINAL_Website.mp4?_=1
WE WILL BE ADDING MORE SOON. IN THE MEANTIME - PLEASE GET ANY OF YOUR PROPERTIES OUT OF DELAWARE OR COMPANIES REGISTERED IN DELAWARE.
http://gpde.us/2013/12/really-corrupt-politics-charges/
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