Section 46 Lost, stolen or destroyed passbooks; application for payment or issuance of duplicate - Massachusetts Statutes

Section 46. When a passbook or other instrument as evidence of a shareholder’s or a depositor’s account issued by any credit union has been lost, stolen or destroyed, the person in whose name it was issued, or in the case of a joint account, by the joint owners thereof may make written application to such credit union for payment of the amount of the shares or deposit represented by said book or other instrument or for issuance of a duplicate book or other instrument therefor. The application shall include an affidavit signed and sworn to that the person making such application is a lawful owner of such passbook or other instrument, that such passbook or other instrument has been lost, stolen or destroyed, and that no lawful owner has, in any way, transferred, pledged or assigned said passbook or other instrument or any interest in the deposits or shares therein. The application shall further include an agreement, in writing, to indemnify the credit union from and against any and all claims, expenses and liabilities in any way resulting from the credit union action on the application by the payment of amounts due on said passbook or other instrument or by the issuance of a duplicate book or other instrument therefor. All signatures contained with such application shall be duly notarized. Upon receipt of such application, the credit union may pay the amount due on said passbook or other instrument or may issue a duplicate book or other instrument therefor. The provisions of this section shall apply to passbooks and other instruments issued by a credit union which subsequently has merged in, consolidated with or transferred its deposit or share liabilities to another bank or credit union.

When payment is made or a duplicate book or other instrument is issued in accordance with this section and after presentation of reasonable identification, a credit union shall not be liable to any person on account of its action on the application, payments of the amount due on said passbook or other instrument or issuance of a duplicate book or other instrument therefor, except that a credit union may be liable to a transferee, pledgee or assignee who, prior to such action, payment or issuance, has given the credit union written notice of the transfer, pledge or assignment.