43-41B-3. General rules for taking custody of intangible unclaimed property.
433 words·~2 min read·
/sd/title-43/chapter-43-41/43-41b-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Unless otherwise provided in this chapter or by other statute of this state, intangible property is subject to the custody of this state as unclaimed property if the conditions raising a presumption of abandonment under §§ 43-41B-2 and 43-41B-5 to 43-41B-17 , inclusive, are satisfied and:
(1)The last known address, as shown on the records of the holder, of the apparent owner is in this state;
(2)The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;
(3)The records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(i)The last known address of the person entitled to the property is in this state;
(ii)The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property; or
(iii)The holder originating or issuing the intangible property is incorporated, organized, created or constructively located in this state;
(4)The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state;
(5)The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or
(6)The transaction out of which the property arose occurred in this state, and
(i)(A) The last known address of the apparent owner or other person entitled to the property is unknown; or
(B)The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and
(ii)The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.