reglab/housing_qa huggingface dataset:
12 DE Code § 1155. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1155. State Escheator's options as to custody.

§ 1155. State Escheator's options as to custody. (a) The State Escheator may decline to take custody of property reported under § 1142 of this title if the State Escheator determines 1 of the following:  (1) The property has a value less than the estimated expenses of notice and sale of the property. (2) Taking custody of the property would be unlawful. (b) A holder may pay or deliver property to the State Escheator before the property is presumed abandoned under this chapter if the holder does all of the following:  (1) Sends the owner of the property the notice required by § 1148 of this title and conforming to § 1149 of this title. (2) Provides to the State Escheator evidence of the holder's compliance with paragraph (b)(1) of this section. (3) Includes with the payment or delivery a report regarding the property conforming to § 1142 of this title. (4) First obtains the State Escheator's consent in a record to accept payment or delivery. (c) A holder's request for the State Escheator's consent under paragraph (b)(4) of this section must be in a record. If the State Escheator fails to respond to the request not later than 90 days after receipt of the request, the State Escheator is deemed to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith, as defined in § 1153(d) of this title. (d) On payment or delivery of property under subsection (b) of this section, the property is presumed abandoned. 81 Del. Laws, c. 1, § 2;  81 Del. Laws, c. 48, § 3;
12 DE Code § 1156. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1156. Periods of limitation.

§ 1156. Periods of limitation. (a) Expiration, before, on, or after February 2, 2017, of a period of limitation on an owner's right to receive or recover property, whether specified by contract, statute, or court order, does not prevent the property from being presumed abandoned or affect the duty of a holder to file a report or pay or deliver property to the State Escheator under this chapter. (b) The State Escheator may not commence an action or proceeding to enforce this chapter with respect to the reporting, payment, or delivery of property more than 10 years after the duty arose. The period of limitation established by this subsection is tolled by the earlier of the State Escheator's delivery of a notice of an examination to a holder under this chapter, the Secretary of State's delivery of notice that the person may enter into an unclaimed property voluntary disclosure agreement under § 1172(a) of this title, or the holder's written election to enter into an unclaimed property voluntary disclosure agreement under § 1173 of this title, or if the State Escheator reasonably concludes that the holder has filed a report containing a fraudulent or wilful misrepresentation. 73 Del. Laws, c. 417, §  1;  81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 7;
12 DE Code § 1157. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1157. No private escheat.

§ 1157. No private escheat. Any provision in a certificate of incorporation, bylaw, trust agreement, contract, or any other writing regulating the relationships between an owner and a holder, which relates to property that is or may be subject to the provisions of this chapter, with the exception of “nonescheat capital credits” as defined in § 909 of Title 26, and which provides that upon the owner's failure to act or make a claim regarding property in possession of the holder that the property reverts to or becomes the property of the holder is void and unenforceable. 68 Del. Laws, c. 122, §  13;  71 Del. Laws, c. 448, §  2;  81 Del. Laws, c. 1, § 2;
12 DE Code § 1158. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1158. Public sale of property.

§ 1158. Public sale of property. (a) All property, other than money, delivered to the State Escheator under this chapter shall be sold or disposed of in accordance with this section. (b) All property, other than money, delivered to the State Escheator under this chapter may be sold or disposed of at public auction to the highest bidder or in such manner and at such times as the State Escheator determines to be in the best interest of the State. The State Escheator may dispose of securities by sale through a registered broker on a recognized securities exchange or over the counter market or, if there is no ready market for such security, by negotiation or public auction. (c) The State Escheator shall hold the proceeds from a sale of property, other than money, delivered to the State Escheator, less all costs incurred in connection with the sale, in the place of the property and any claimant of the property is entitled only to the money so received, less lawful service charges. (d) The State Escheator is not liable in any action for any act made in good faith under this section. 12 Del. C. 1953, §  1143;  50 Del. Laws, c. 507, §  1;  59 Del. Laws, c. 16, §  1;  67 Del. Laws, c. 245, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 1, § 2;
12 DE Code § 1159. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1159. Disposal of securities.

§ 1159. Disposal of securities. If a security is delivered to the State Escheator under this chapter on or after July 1, 2017, the State Escheator shall, subsequent to satisfying the notice requirements of § 1150 of this title, sell the security on any established stock exchange or by such other means as the State Escheator deems advisable as soon as the State Escheator deems practicable after the delivery. The State Escheator may not sell a security listed on an established stock exchange for less than the price prevailing on the exchange at the time of sale. The State Escheator may sell a security not listed on an established exchange by any commercially-reasonable method. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1160. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1160. Recovery of securities or value by owner [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1160. Recovery of securities or value by owner [For application of this section, see 83 Del. Laws, c. 59, § 25]. (a) Beginning on July 1, 2017, a person that makes a valid claim under this chapter of ownership of a security following delivery of a security to the State Escheator is entitled to receive from the State Escheator 1 of the following:  (1) If the security is in the custody of the State Escheator at the time of the claim, the security the holder delivered to the State Escheator, plus dividends, interest, and other increments on the security up to the time the claim is paid, to the extent paid to the State Escheator. (2) If the claim is made within 558 days from the date notice was mailed by the State Escheator to the rightful owner under § 1150 of this title or the date notice was otherwise provided as required by the statute in effect at the time the property was delivered to the State Escheator, the replacement of the security or the market value of the security at the time the claim is filed, at the option of the State Escheator, plus any dividends, interest, and other increments on the security paid to the State Escheator. (3) If the claim is made more than 558 days after the date notice was mailed by the State Escheator to the rightful owner under § 1150 of this title, the net proceeds of the sale of the security, plus dividends, interest, and other increments on the security up to the time the security is sold, to the extent paid to the State Escheator. (b) The State Escheator is not liable in any action for any act of his or hers made in good faith under this section. (c) For the purpose of this section, the date the claim is made shall be the date of the claimant's first documented contact with the State Escheator regarding the property or claim, including a request for a property search, if the claim is made within 60 days of such contact.  81 Del. Laws, c. 1, § 2;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 59, § 8;  83 Del. Laws, c. 59, § 9;
12 DE Code § 1161. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1161. Purchaser owns property after sale.

§ 1161. Purchaser owns property after sale. All sales of property made by the State Escheator under this chapter pass absolute title to the purchaser. The State Escheator or the Secretary of State shall execute all documents necessary to complete the transfer of title. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1162. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1162. Military medals.

§ 1162. Military medals. (a) A financial institution may not sell a medal or decoration awarded for military service in the armed forces of the United States. (b) A financial institution, with the consent of the respective organization under paragraph (b)(1) of this section, agency under paragraph (b)(2) of this section, or entity under paragraph (b)(3) of this section, may deliver a medal or decoration described in subsection (a) of this section to be held in custody for the owner, to 1 of the following:  (1) A military veterans organization qualified under 26 U.S.C. § 501(c)(19). (2) The agency that awarded the medal or decoration. (3) A governmental entity.81 Del. Laws, c. 1, § 2;
12 DE Code § 1163. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1163. Deposit and disbursement of funds.

§ 1163. Deposit and disbursement of funds. (a) Subject to the limitations in § 6102(s) of Title 29, the State Escheator shall deposit into the General Fund all moneys or proceeds of property received under this chapter. (b) The Secretary of Finance shall pay all disbursements, including disbursements for expenses, claims, or storage, made or authorized by the State Escheator in connection with the administration of this chapter upon the presentation of a signed voucher by the State Escheator. 12 Del. C. 1953, §§ 1131, 1205;  50 Del. Laws, c. 507, §  1;  57 Del. Laws, c. 741, §  48B;  58 Del. Laws, c. 426, § 10;  60 Del. Laws, c. 598, §  2;  79 Del. Laws, c. 79, §  29;  81 Del. Laws, c. 1, § 2;
12 DE Code § 1164. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1164. State Escheator to retain records of property.

§ 1164. State Escheator to retain records of property. The State Escheator shall record and retain the holder report filed under § 1142 of this title and the information contained in the report for at least 10 years after the report was filed. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1165. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1165. Claim for property by person claiming to be owner.

§ 1165. Claim for property by person claiming to be owner. (a) Any person claiming an interest in any property paid or delivered to the State Escheator under this chapter may file a claim with the State Escheator for the property or for the proceeds from the sale of the property. (b) The determination of claims and rights of appeal are as prescribed in § 1167 of this title. 12 Del. C. 1953, §  1146;  50 Del. Laws, c. 507, §  1;  57 Del. Laws, c. 718, §  18;  57 Del. Laws, c. 741, §  48C;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 1, § 2;
12 DE Code § 1166. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1166. When State Escheator must honor claim for property [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1166. When State Escheator must honor claim for property [For application of this section, see 83 Del. Laws, c. 59, § 25]. (a) The State Escheator shall pay or deliver property to a claimant under § 1165 of this title if the State Escheator receives evidence sufficient to establish to the reasonable satisfaction of the State Escheator that the claimant is the owner of the property. (b) The State Escheator shall allow or deny the claim and give the claimant notice of the determination in a written record. If the claim is denied, the State Escheator shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be reconsidered. (1), (2) [Repealed.] (c) The State Escheator may exercise the powers granted by § 1171 of this title to investigate any suspicion of fraudulent activity in a claim and may refer the matter to law enforcement notwithstanding the confidentiality provisions contained in §§ 1174 and 1189 of this title.  81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 10;
12 DE Code § 1167. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1167. Claims and rights of appeal [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1167. Claims and rights of appeal [For application of this section, see 83 Del. Laws, c. 59, § 25]. (a) The State Escheator shall possess full and complete authority to determine all claims filed under § 1165 of this title and shall immediately send written notice of such determination to the claimant. At any time within 120 days after the State Escheator sends notice of the determination, a claimant may apply for a hearing and determination of the claim by the Tax Appeal Board created by subchapter II, Chapter 3, Title 30. The procedure before the Tax Appeal Board for such hearings is the same as that provided for by § 329 of Title 30 and the Board has the same power to compel the attendance of witnesses and the production of evidence as is provided in § 330 of Title 30. (b) Within 30 days after notice of the Tax Appeal Board's decision, the State Escheator or a claimant may appeal the decision to the Court of Chancery upon notice to all parties to the proceeding before the Tax Appeal Board and upon such other notice as the Court of Chancery may order. (c) The Court of Chancery may make such rules as it deems proper for the perfection, hearing and determination of such appeals. 12 Del. C. 1953, §  1146;  50 Del. Laws, c. 507, §  1;  57 Del. Laws, c. 718, §  18;  57 Del. Laws, c. 741, §  48C;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 11;
12 DE Code § 1168. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1168. Payment by State Escheator.

§ 1168. Payment by State Escheator. Any claim which is allowed by, or ordered to be paid by, the State Escheator pursuant to § 1165 of this title, together with such costs and disbursements as may be allowed by the Court of Chancery or the Tax Appeal Board, must be paid out of the General Fund. The State Escheator is not liable in any action for any claim paid in good faith. 12 Del. C. 1953, §  1147;  50 Del. Laws, c. 507, §  1;  57 Del. Laws, c. 741, §  48C;  60 Del. Laws, c. 598, §§ 4, 6;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 1, § 2;
12 DE Code § 1169. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1169. Allowance of claim for property.

§ 1169. Allowance of claim for property. (a) On request of the owner, the State Escheator may sell or liquidate a security and pay the net proceeds to the owner. (b) At the discretion of the State Escheator, property of an owner is subject to a claim for payment of an enforceable debt that the owner owes in this State for any of the following:  (1) Child-support arrearages, including child-support collection costs and child-support arrearages that are combined with maintenance. (2) A civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or a final court judgment. (3) State or local taxes, penalties, and interest that have been determined to be delinquent or as to which notice has been recorded with the Secretary of the State or a local taxing authority. (c) The State Escheator may make periodic inquiries of state and local agencies in the absence of a claim filed under § 1165 of this title to determine whether owners included in the unclaimed property records of this State have enforceable debts described in subsection (b) of this section.  (d) Before delivery or payment to an owner under subsection (a) of this section of property or net proceeds of a sale of the property, the State Escheator may first apply the property or net proceeds to a debt under subsection (b) of this section that the State Escheator has determined is owed by the owner. The State Escheator may pay the amount to the appropriate state or local agency and notify the owner of the payment. 81 Del. Laws, c. 1, § 2;
12 DE Code § 1170. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1170. Request for report of property; compliance reviews.

§ 1170. Request for report of property; compliance reviews. (a) If a person does not file a report required by § 1142 of this title or the State Escheator believes that a person may have filed an inaccurate, incomplete, or false report, the State Escheator may require the person to file a verified report in a form prescribed by the State Escheator. The verified report must do all of the following:  (1) State whether the person is holding property reportable under this chapter. (2) Describe property not previously reported or about which the State has inquired or about which there is a dispute as to whether it is reportable under this chapter. (3) State the amount or value of the property. (b) If the State Escheator believes that a person may have filed an inaccurate, incomplete, or false report, including a report submitted under paragraph (a)(1) of this section, the State Escheator may authorize a compliance review of that report and the notification requirements of § 1172(a) of this title do not apply. The compliance review must be limited to the contents of the report filed as required by §§ 1142, 1143 of this title, and subsection (a) of this section, and all supporting documents related to such reports. If the compliance review results in a finding of a deficiency in unclaimed property due and payable to the State, the State Escheator shall notify the holder in writing of the amount of deficiency within 1 year from the authorization of the compliance review. If the holder fails to pay the deficiency within 90 days, the State Escheator may seek to enforce the assessment pursuant to § 1180 of this title or may refer the holder to the Department of State in order to request that the holder enter into an unclaimed property voluntary disclosure agreement under § 1173 of this title. The State Escheator shall not be required to conduct a compliance review under this section prior to initiating an examination under §§ 1171 and 1172 of this title. The filing of a verified report or participation in a compliance review does not preclude the holder from participating in the Secretary of State's voluntary disclosure program under § 1173 of this title. (c) A notification or request for information made pursuant to subsection (a) or (b) of this section may be sent to a person or an agent in possession of the records, including an agent, representative, subsidiary, or affiliate of the person subject to review under subsection (a) or (b) of this section in order to determine whether the person complied with this chapter.  81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 12;
12 DE Code § 1171. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1171. Examination to determine compliance with chapter [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1171. Examination to determine compliance with chapter [For application of this section, see 83 Del. Laws, c. 59, § 25]. The State Escheator, at reasonable times and on reasonable notice, may do any of the following:  (1) Examine the records of a person or the records in the possession of an agent, representative, subsidiary, or affiliate of the person under examination in order to determine whether the person complied with this chapter. Such records may include information to verify the completeness or accuracy of the records provided, even if such records may not identify property reportable to the State. (2) Take testimony of a person, including the person's employee, agent, representative, subsidiary, or affiliate, to determine whether the person complied with this chapter. (3) Issue an administrative subpoena to require that the records specified in paragraph (1) of this section be made available for examination and that the testimony specified in paragraph (2) of this section be provided. (4) Bring an action in the Court of Chancery seeking enforcement of an administrative subpoena issued under paragraph (3) of this section, which the Court shall consider under procedures that will lead to an expeditious resolution of the action. (5) Send, or direct a person to send, owner notice in accordance with § 1148 of this title.67 Del. Laws, c. 267, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 417, §  4;  80 Del. Laws, c. 2, §  1;  80 Del. Laws, c. 114, §  1;  81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 13;
12 DE Code § 1174. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter II. Unclaimed Property|§ 1174. Records obtained in examination or voluntary disclosure.

§ 1174. Records obtained in examination or voluntary disclosure. All of the following apply to records obtained and records, including work papers, compiled by the State Escheator or the Secretary of State in the course of conducting an examination under § 1171 of this title or a voluntary disclosure under § 1173 of this title:  (1) The records are subject to the confidentiality and security provisions of § 1189 of this title and are not a “public record” under Chapter 100 of Title 29. (2) The records may be used by the State Escheator in an action to collect property or otherwise enforce this chapter. (3) The records may not be used in a joint examination conducted with another state, the United States, a foreign country or subordinate unit of a foreign country, or any other governmental entity unless the person subject to examination consents to such use in writing. (4) The records may be disclosed to the person that administers the unclaimed property law of another state for that state's use in circumstances equivalent to circumstances described in this chapter, if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to § 1189 of this title. (5) The records must be produced by the State Escheator under an administrative or judicial subpoena or administrative or court order. (6) The records must be produced by the State Escheator on request of the person that is the subject of the examination.81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 17;