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1、Uniform Disposition of Unclaimed Property Act of 2004o Article 2A Uniform Disposition of Unclaimed Property Act of 2004. Section 35-12-70 Short title. Section 35-12-71 Definitions. Section 35-12-72 Presumption of abandonment. Section 35-12-73 Exemptions. Section 35-12-74 Rules for taking custody. Se
2、ction 35-12-75 Dormancy charges. Section 35-12-76 Report of abandoned property. Section 35-12-77 Payment or delivery of abandoned property. Section 35-12-78 Notification of abandoned property. Section 35-12-79 Custody by state; recovery by holder; defense of holder. Section 35-12-80 Public sale of a
3、bandoned property. Section 35-12-81 Deposit of funds. Section 35-12-82 Claim of another state to recover property. Section 35-12-83 Filing and handling of claims. Section 35-12-84 Filing of a claim - intestate and small claims. Section 35-12-85 Action to establish a claim. Section 35-12-86 Election
4、to take payment or delivery. Section 35-12-87 Disposition of property having no substantial value Section 35-12-88 Periods of limitation. Section 35-12-89 Requests for reports and examination of records. Section 35-12-90 Retention of records. Section 35-12-91 Interstate agreements. Section 35-12-92
5、Penalties and enforcement. Section 35-12-93 Agreement to locate property. Section 35-12-94 Confidentiality; staff. Section 35-12-95 Transitional provisions. Section 35-12-96 Uniformity of application and constructionSection 35-12-70Short title.This article may be cited as the Uniform Disposition of
6、Unclaimed Property Act of 2004.(Act 2004-440, p. 755, 1.)Section 35-12-71Definitions.As used in this article, unless the context otherwise requires, the following terms shall have the meanings respectively ascribed to them by this section:(1) APPARENT OWNER. A person whose name appears on the record
7、s of a holder as the person entitled to property held, issued, or owing by the holder.(2) BUSINESS ASSOCIATION. A corporation, joint stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, safe deposit compa
8、ny, financial organization, insurance company, mutual fund, utility, or other business entity consisting of one or more persons, whether or not for profit.(3) DOMICILE. The state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation.(
9、4) FINANCIAL ORGANIZATION. A savings and loan association, building and loan association, industrial loan organization, credit union, cooperative bank, bank, or banking organization.(5) HOLDER. A person in possession of property belonging to another, or who is a trustee in case of a trust, obligated
10、 to hold for the account of, or deliver to, or pay to, the owner or apparent owner as applicable, property that is subject to this article.(6) INSURANCE COMPANY. An association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing
11、life endowments, annuities, or insurance, including, but not limited to, accidental, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers compensation insur
12、ance.(7) MINERAL. Gas; oil; coal; other gaseous, liquid, and solid hydrocarbons; oil shale; cement material; sand and gravel; road material; building stone; chemical raw material; gemstone; fissionable and nonfissionable ores; colloidal and other clay; steam and other geothermal resource; or any oth
13、er substance defined as a mineral by the law of this state.(8) MINERAL PROCEEDS. Amounts payable for the extraction, production, or sale of minerals, or, upon the abandonment of those payments, all payments that become payable thereafter. The term includes amounts payable:a. For the acquisition and
14、retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties, and delay rentals.b. For the extraction, production, or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments, and production pa
15、yments.c. Under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement, and farm-out agreement.(9) OWNER. A person who has a legal or equitable interest in property subject to this article or the persons legal representative. The term includes a depositor in
16、 the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust, and a creditor, claimant, or payee in the case of other property.(10) PERSON. An individual, business association, financial organization, estate, trust, government, governmental subdivision, agency, or instr
17、umentality, or any other legal or commercial entity.(11) PROPERTY. Tangible property held in a safe deposit box or other safekeeping depository in this state, and fixed and certain interest in intangible property that is held, issued, or owed in the course of a holders business, or by a government,
18、governmental subdivision, agency, or instrumentality, and all income or increments therefrom. The term includes, but is not limited to, property that is referred to as or evidenced by any of the following:a. Money, a check, draft, deposit, interest, or dividend.b. Credit balance, customers overpayme
19、nt, gift certificate, security deposit, refund, credit memorandum, unpaid wage, unused ticket, mineral proceeds, or unidentified remittance.c. Stock or other evidence of ownership of an interest in a business association or financial organization.d. A bond, debenture, note, or other evidence of inde
20、btedness.e. Money deposited to redeem stocks, bonds, coupons, or other securities or to make distributions.f. An amount due and payable under the terms of an annuity or insurance policy, including, but not limited to, policies providing life insurance, property and casualty insurance, workers compen
21、sation insurance, or health and disability insurance.g. An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance,
22、or similar benefits.(12) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(13) RULES. Rules necessary to carry out this article adopted pursuant to the Administrative Procedure Act.(14) STATE. A state
23、 of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.(15) TREASURER. The Treasurer of the State of Alabama, or the designee of the Treasurer.(16) UTI
24、LITY. Any person who owns or operates, for public use, any plant, equipment, real property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.(Act 2004-440, p. 755, 1.)Section 35-1
25、2-72Presumption of abandonment.(a) Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property:(1) Travelers checks, 15 years after issuance.(2) Money order, five years after issuance.(3) A demand, savings, or time deposit inclu
26、ding a deposit that is automatically renewable, three years after the earlier of maturity or the date of the last indication by the apparent owner of interest in the property, but a deposit that is automatically renewable is deemed matured for purposes of this section upon its initial date of maturi
27、ty, unless the apparent owner has consented to a renewal at or about the time of the renewal and the consent is in writing or is evidenced by a memorandum or other record on file with the holder, or the apparent owner has indicated an interest in the deposit.(4) Tangible and intangible property held
28、 in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holders business and proceeds resulting from the sale of the property permitted by other law, three years after expiration of the lease or rental period on the box or other depository.(5) Money or cred
29、its owed to a customer as a result of a retail business transaction, one year after the obligation accrued.(6) Property in an individual retirement account, defined benefit plan, or other account or plan that is qualified for tax deferral under the income tax laws of the United States, three years a
30、fter the earlier of a. the date of the distribution or attempted distribution of the property; b. the date of the required distribution as stated in the plan or trust agreement governing the plan; or c. the date, if determinable by the holder, specified in the income tax laws of the United States by
31、 which distribution of the property must begin in order to avoid a tax penalty.(7) Stock or other equity interest in a business association or financial organization, including a security entitlement under Article 8 of Title 7, the Uniform Commercial Code, three years after the earlier of a. the dat
32、e of the most recent dividend, stock split, or other distribution unclaimed by the apparent owner; or b. the date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications, or com
33、munications to the apparent owner.(8) Debt of a business association or financial organization, other than a bearer bond or an original issue discount bond covered under subdivision (18), three years after the date of the most recent interest payment unclaimed by the apparent owner.(9) Property dist
34、ributable by a business association or financial organization in a course of dissolution, one year after the property becomes distributable.(10) Amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, three years after the obligation to pay aro
35、se or, in the case of a policy or annuity payable upon proof of death, three years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based.(11) Property distributable in the course of a demutualization or related reor
36、ganization of an insurance company shall be deemed abandoned as follows:a. Any funds, two years after the date of the demutualization or reorganization, if the funds remain unclaimed, and the owner has not otherwise communicated with the holder or its agent regarding the property as evidenced by a m
37、emorandum or other record on file with the holder or its agent.b. Any stock or other equity interest, two years after the date of the demutualization or reorganization if instruments or statements reflecting the distribution are either mailed to the owner and returned by the post office as undeliver
38、able, or not mailed to the owner because of an address on the books and records of the holder that is known to be incorrect and the owner has not otherwise communicated with the holder or its agent regarding the property as evidenced by a memorandum or other record on file with the holder or its age
39、nt.c. Property not subject to paragraphs a. or b. within two years of the distribution shall remain reportable under other sections of this article.(12) Property received by a court as proceeds of a class action, and not distributed pursuant to the judgment, one year after the distribution date.(13)
40、 Property held by a court, government, governmental subdivision, agency, or instrumentality, one year after the property becomes distributable.(14) Wages or other compensation for personal services, one year after the compensation becomes payable.(15) Deposit or refund owed to a subscriber by a util
41、ity, one year after the deposit or refund becomes payable.(16) Any check or warrant drawn on the State of Alabama Treasury, outstanding and unpaid one year from the date of issue.(17) Gift certificate, other than those exempt under Section 35-12-73, three years after June 30 of the year in which the
42、 certificate was sold, but if redeemable in merchandise only, the amount abandoned is deemed to be 60 percent of the certificates face value.(18) All other property, three years after the owners right to demand the property or after the obligation to pay or distribute the property arises, whichever
43、first occurs.(b) At the time that an interest is presumed abandoned under subsection (a), any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned. (c) Property is unclaimed if, for the applicable period
44、set forth in subsection (a), the apparent owner has not communicated in writing, or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning the property or the account in which the property is held, and has not otherwise indicated an in
45、terest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.(d) An indication of an owners or apparent owners interest in proper
46、ty includes any of the following:(1) The presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by elect
47、ronic or similar means, evidence that the distribution has been received.(2) Owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease, or change the amount or type of property held in the account.(3) The making of a deposit to or
48、withdrawal from a bank account. Any correspondence in writing from the holder to the apparent owner, such as the mailing of a statement, report of interest paid or credited, renewal of a deposit or other written information relating to the deposit shall be construed to mean that the apparent owner h
49、as indicated an interest in the deposit if the correspondence in writing is not returned to the holder for nondelivery thereof. Any activity or indication of interest by an apparent owner in the deposit or in any other deposits in a holder shall be construed to be activity and indication of interest in all other depos