393A.120 Indication of apparent owner interest in property.

438 words·~2 min read·/ky/chapter-393a/393a-120

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

(1)The period after which property shall be presumed abandoned shall be measured

from the later of:

(a)The date the property is presumed abandoned under this chapter; or

(b)The latest indication of interest by the apparent owner in the property.

(2)Under this chapter, an indication of an apparent owner's interest in property

includes:

(a)A record communicated by the apparent owner to the holder or agent of the

holder concerning the property or the account in which the property is held;

(b)An oral communication by the apparent owner to the holder or agent of the

holder concerning the property or the account in which the property is held, if

the holder or its agent contemporaneously makes and preserves a record of the

fact of the apparent owner's communication;

(c)Presentment of a check or other instrument of payment of a dividend, interest

payment, or other distribution, or evidence of receipt of a distribution made by

electronic or similar means, with respect to an account, underlying security, or

interest in a business association;

(d)Activity directed by an apparent owner in the account in which the property is

held, including accessing the account or information concerning the account,

or a direction by the apparent owner to increase, decrease, or otherwise change

the amount or type of property held in the account;

(e)A deposit into or withdrawal from an account at a financial organization,

including an automatic deposit or withdrawal previously authorized by the

apparent owner other than an automatic reinvestment of dividends or interest;

(f)Subject to subsection

(5)of this section, payment of a premium on an

insurance policy; and

(g)Any other action by the apparent owner which reasonably demonstrates to the

holder that the apparent owner knows that the property exists.

(3)An action by an agent or other representative of an apparent owner, other than the

holder acting as the apparent owner's agent, shall be presumed to be an action on

behalf of the apparent owner.

(4)A communication with an apparent owner by a person other than the holder or the

holder's representative shall not be an indication of interest in the property by the

apparent owner unless a record of the communication evidences the apparent

owner's knowledge of a right to the property.

(5)If the insured dies or the insured or beneficiary of an insurance policy otherwise

becomes entitled to the proceeds before depletion of the cash surrender value of the

policy by operation of an automatic-premium-loan provision or other nonforfeiture

provision contained in the policy, the operation shall not prevent the policy from

maturing or terminating.