§ 35-12-76 — Report of Abandoned Property

Alabama § 35-12-76

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 12: Lost or Unclaimed Property
• Art. 2A: Uniform Disposition of Unclaimed Property Act of 2004

Text

(a) A holder of property presumed abandoned shall make a report to the Treasurer concerning the property. The report shall be filed electronically and the monies remitted electronically. The Treasurer may grant an exception upon written request as established by rule. A report should contain only tangible property or intangible property. If a holder possesses both property types, two reports shall be filed.
(b) The report must be verified, balanced, and must contain, at a minimum, all of the following:
(1) A description of the property.
(2) The date, if any, on which the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property.
(3) Other information that the Treasurer by rule prescribes as necessary for the administration of this article.
(4) Except with respect to a traveler’s check, money order, or State of Alabama issued payment instruments, the name, if known, the last known address, if any, and the Social Security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property in an amount greater than the aggregate amount established by rule.
(5) In the case of property held or owing under an annuity or a life or endowment insurance policy, the policy number, the full name, Social Security number, if known, date of birth, if known, and last known address, of the annuitant or insured and of the beneficiary.
(6) In the case of expired State of Alabama issued warrants or other payment instruments, the full name of the owner/payee, warrant or account number, date of issuance, owner address, and Social Security number, if known.
(7) In the case of property held in a safe deposit box or other safekeeping depository, an indication of the place where it was held, the full name and last known address of the apparent owner, and any amounts owing to the holder.
(8) In the case of individual items valued under fifty dollars ($50), or a greater amount if established by rule, an aggregated amount.
(c) The report shall be filed before November 1 of each year and cover the 12 months next preceding July 1 of that year.
(d) The holder shall send written notice to the apparent owner, not less than 60 days before filing the report, stating that the holder is in possession of property subject to this article, if all of the following requirements are met:
(1) The holder has in its records an address for the apparent owner which the holder’s records do not disclose to be inaccurate.
(2) The claim of the apparent owner is not barred by a statute of limitations.
(3) The value of the property is fifty dollars ($50) or a greater amount as established by rule.
(e) State of Alabama issued warrants or other payment instruments outstanding and unpaid are void and transferred to the Unclaimed Property Reserve Fund pursuant to Section 41-4-60. Therefore, subsection (d) does not apply.
(f) Before the date for filing the report, the holder may request the Treasurer to extend the time for filing the report. The Treasurer may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which terminates the accrual of penalties, if any, on the amount paid.

Legislative History

(Act 2004-440, p. 755, §1; Act 2013-91, p. 192, §1.)