§ 67-4a-204 — When custodial account for minor presumed abandoned.

Utah § 67-4a-204

• Jurisdiction: Utah
• Title 67: State Officers and Employees
• Ch. 67-4a: Revised Uniform Unclaimed Property Act
• Part 67-4a-2: Presumption of Abandonment

Text

(1) Subject to Section 67-4a-208, and except as provided in Subsection (5), property held in an account established under a state's Uniform Gifts to Minors Act or Uniform Transfers to Minors Act is presumed abandoned if the property is unclaimed by or on behalf of the minor on whose behalf the account was opened three years after the later of:

(1)(a) except as in Subsection (1)(b), the date a communication sent by the holder by first-class United States mail to the custodian of the minor on whose behalf the account was opened is returned undelivered to the holder by the United States Postal Service;
(1)(b) if communication is re-sent within 30 days after the date the first communication under Subsection (1)(a) is returned undelivered, the date the second communication was returned undelivered; or
(1)(c) the date on which the custodian is required to transfer the property to the minor or the minor's estate in accordance with the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of the state in which the account was opened.
(2) (2)(a) Subject to Subsection (2)(b), if the holder does not send communications to the custodian of the minor on whose behalf an account described in Subsection (1) was opened by first-class United States mail on at least an annual basis, the holder shall attempt to confirm the custodian's interest in the property by sending the custodian an electronic mail communication not later than two years after the custodian's last indication of interest in the property.
(2)(b) The holder shall promptly attempt to contact the custodian by first-class United States mail if:
(2)(b)(i) the holder does not have information needed to send the custodian an electronic mail communication or the holder believes that the custodian's electronic mail address in the holder's records is not valid;
(2)(b)(ii) the holder receives notification that the electronic mail communication was not received; or
(2)(b)(iii) the custodian does not respond to the electronic mail communication within 30 days after the communication was sent.
(3) If first-class United States mail sent under Subsection (2) is returned undelivered to the holder by the United States Postal Service, the property is presumed abandoned three years after the later of:

(3)(a) the date a second consecutive communication to contact the custodian by first-class United States mail is returned to the holder undelivered by the United States Postal Service; or
(3)(b) the date established by Subsection (1)(c).
(4) When the property in the account described in Subsection (1) is transferred to the minor on whose behalf an account was opened or to the minor's estate, the property in the account is no longer subject to this section.
(5) This section does not apply to a qualified tuition program described in 26 U.S.C. Sec. 529.

Legislative History

Amended by Chapter 459, 2018 General Session