1.For the purposes of this section, “beneficiary designation” means the provision in an
instrument designating a beneficiary, other than in a will or an instrument creating a trust,
and may also mean the instrument itself, including but not limited to any of the following:
a.An annuity or insurance policy.
b.An account with a designation for payment on death.
c.A security registered in beneficiary form.
d.A pension, profit-sharing, retirement, or other employment-related benefit plan.
e.Any other nonprobate transfer at death.
2.If a charitable organization, as defined in section 15E.311, is a beneficiary of an interest
in property created by beneficiary designation, that charitable organization may present an
affidavit to the holder of the property or to any person with information
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1. For the purposes of this section, “beneficiary designation” means the provision in an
instrument designating a beneficiary, other than in a will or an instrument creating a trust,
and may also mean the instrument itself, including but not limited to any of the following:
a. An annuity or insurance policy.
b. An account with a designation for payment on death.
c. A security registered in beneficiary form.
d. A pension, profit-sharing, retirement, or other employment-related benefit plan.
e. Any other nonprobate transfer at death.
2. If a charitable organization, as defined in section 15E.311, is a beneficiary of an interest
in property created by beneficiary designation, that charitable organization may present an
affidavit to the holder of the property or to any person with information about the property
for the purpose of obtaining the property or information regarding the property. The affidavit
shall state all of the following:
a. The decedent’s name and last known address.
b. A general description of the property to the extent known.
c. The charitable organization’s name, address, and primary contact information.
d. The charitable organization is a charitable organization as defined in section 15E.311.
e. A request that the property be paid or transferred to the charitable organization or that
information about the property be given to the charitable organization.
f. No one other than the charitable organization has a right to the interest in the property
listed in the affidavit.
g. The affidavit has been signed by a duly authorized representative of the charitable
organization under penalty of perjury before a notary public as provided in chapter 9B.
h. The information in the affidavit is true and correct.
3. The affidavit shall be accompanied by all of the following:
a. A copy of the charitable organization’s determination letter from the internal revenue
service recognizing its tax-exempt status.
b. A copy of the charitable organization’s certificate of existence issued by the secretary
of state as conclusive evidence that the domestic or foreign corporation is in good standing.
c. A statement that on information or belief of the affiant, the property owner is deceased
supported by a death certificate of the decedent, or probate notice published by the personal
representative of the decedent’s estate, or proof of payment of the decedent’s funeral
expenses, or the decedent’s obituary as verification of the decedent’s death.
d. A corporate resolution or similar statement of authority of the affiant to act on behalf
of the charitable organization.
e. Federal internal revenue service form W-9 completed by an authorized representative
of the charitable organization.
4. The holder of the property shall not request any additional personal information from
any individual employed by, or serving on the board of the charitable organization, including
but not limited to any of the following:
a. Social security number or driver’s license number.
b. Contact information.
c. Personal financial information.
5. If the requirements of this section are satisfied, all of the following apply:
a. The decedent’s property shall be paid, delivered, or transferred to or for the benefit
of the charitable organization if the affidavit has requested the transfer of ownership of the
property to the charitable organization.
b. A transfer agent of a security described in the affidavit shall change registered
ownership on the books of the corporation from the decedent to or for the benefit of
the charitable organization if the affidavit has requested the transfer of ownership of the
property to the charitable organization.
c. The information requested in the affidavit shall be delivered to the organization.
6. The holder of the property and any person who in good faith delivers the property
or information requested in reliance on information a charitable organization provides
under this section, who has no knowledge that representations contained in the affidavit are
incorrect, shall not be liable to any person for so acting and may assume without inquiry the
existence of the facts contained in the affidavit. The time to verify a charitable organization’s
authority shall not exceed thirty days from the date of delivery of the affidavit. Any right or
title acquired from the charitable organization in consideration of the provision of property
or information under this section is not invalid in consequence of misapplication by the
charitable organization. A transaction and a lien created by a transaction entered into by the
charitable organization and anyone acting in reliance on the affidavit under this section is
enforceable against the property the charitable organization has requested.
7. If the holder of the property refuses to provide the requested property or information
withinthirtydaysafterreceivingtheaffidavit,thecharitableorganizationmaybringanaction
against the holder of the property to recover the property or receive the information or to
compel the delivery of the property. An action brought under this section must be brought
within one year after the date of the act or failure to act. If the court finds that the holder of
the property acted unreasonably in failing to deliver the property or information as requested
in the affidavit, the court may award to the charitable organization any or all of the following:
a. Damages sustained by the charitable organization.
b. Costs of the action.
c. A penalty in an amount determined by the court between five hundred dollars and ten
thousand dollars.
d. Reasonable attorney fees based on the value of the time reasonably expended by the
attorney and not by the amount of the recovery on behalf of the charitable organization.