44-321. Periods of limitation

277 words·~1 min read·/az/title-44/44-321

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the department as required by this chapter.

B. An individual, corporation, business association or other organization may not act through an amendment of articles of incorporation, an amendment of bylaws, a private agreement or any other means to do any of the following:

1. Take or divert monies or personal property into income.

2. Divide monies or personal property among patrons or stockholders that are able to be located.

3. Divert monies or personal property by any other method for the purpose of circumventing the unclaimed property process.

C. The department shall not begin an action or proceeding to enforce this chapter in regard to the reporting, delivery or payment of property more than four years after the holder identified the property in a report filed with the department or gave express notice to the department of a dispute regarding the property. If a holder omits from a report any amount of property that is properly includible and that is in excess of twenty-five percent of the amount of property stated in the report, the department may begin an action or proceeding to enforce this chapter at any time within six years after the report was filed.

If there is no report or other express notice, the period of limitation is tolled. The period of limitation is also tolled if the holder files a fraudulent report.