reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-145 - Negotiable instruments or other writings evidencing consumer obligations; limitation on liability

44-145.
Negotiable instruments or other writings evidencing consumer obligations;  limitation on liability
A. The rights of a holder or assignee of an instrument,  account,  contract right,  chattel paper or other writing,  other than a check or draft,  which evidences the obligation of a natural person as buyer,  lessee,  or borrower in connection with the purchase or lease of consumer goods or services,  are subject to all defenses and setoffs of the debtor arising from or out of such sale or lease if notice of such defense or setoff is given within ninety days after receipt of the goods or services by the debtor,  notwithstanding any agreement to the contrary. For a period of ninety days after receipt of the goods or services by the debtor,  a holder or assignee is not a holder in due course if he takes an instrument,  other than a check or draft,  which is subject to the provisions of this section. The rights of the debtor under this section may be asserted only as to amounts then owing and as a matter of defense to or setoff against a claim by the holder or assignee and may be asserted only if the buyer or lessee gives notice of the claim or defense in writing by certified mail to the seller or lessor at the last known business address of the seller or lessor within ninety days after receipt of the goods or services.
B. This section is not applicable to:
1. Credit card sales of perishable consumer goods or consumer services on a credit card issued by an issuer other than the seller.
2. Any credit card transaction made outside the state of Arizona.
3. An instrument or other writing which evidences a loan or indebtedness to a lender or person,  other than a seller or lessor,  which was not arranged by a seller or lessor,  the proceeds of which are used by the buyer or lessee to satisfy an obligation to a seller or lessor.
C. The definitions in title 47,  chapters 1,  3 and 9 are applicable to this section. For the purposes of this section:
1. " Consumer services"  means services for use primarily for personal,  family or household purposes.
2. " Arranged"  means to provide or offer to provide a loan which is or will be extended by another person under a business or other relationship pursuant to which the person arranging such loan receives or will receive a fee,  compensation,  or other consideration for such service or has knowledge of the terms of the loan and participates in the preparation of the instruments required in connection with the extension of the loan.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-161 - Interpretation of contracts, securities and other similar measures; currency; definitions

44-161.
Interpretation of contracts,  securities and other similar measures;  currency;  definitions
A. If a subject or medium of payment of any contract,  security or other similar instrument is the European currency unit or a currency that has been substituted or replaced by the euro,  the euro is a commercially reasonable substitute and substantial equivalent that may be either tendered or used in determining the value of the European currency unit or other currency at the conversion rate specified in and calculated according to the regulations adopted by the council of the European union.
B. Except as provided in an agreement between parties regarding the introduction of the euro,  none of the following actions discharge or excuse performance under any contract,  security or other similar instrument or give a person the unilateral right to alter or terminate any contract,  security or other similar instrument:
1. The introduction of the euro.
2. The tendering of euros for any obligation that complies with subsection A.
3. The determining of the value of any obligation that complies with subsection A or the calculating or determining of the subject or medium of payment of any contract,  security or other similar instrument relating to an interest rate or other basis that has been substituted or replaced due to the introduction of the euro and that is a commercially reasonable substitute and substantial equivalent.
C. Notwithstanding title 47,  this section applies to all contracts,  securities and other similar instruments,  including contracts relating to commercial transactions.
D. For the purposes of this section:
1. " Euro"  means the currency of participating member states of the European union that adopt a single currency in accordance with the treaty on European union signed February 7,  1992.
2. " European currency unit"  means the currency basket that is used as the unit of account of the European community pursuant to the European council's regulations.
3. " Introduction of the euro"  includes the implementation of economic and monetary union in member states of the European union pursuant to the treaty on European union signed February 7,  1992.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-283 - Denial, suspension or revocation of licenses

44-283.
Denial,  suspension or revocation of licenses
A. The administrator may deny a license applied for under this chapter or suspend or revoke a license issued under this chapter on any of the following grounds:
1. Material misstatement in the application for a license.
2. A violation,  either knowingly or without the exercise of due care to prevent the violation,  of this chapter or of any rule or order adopted or issued pursuant to this chapter.
3. Defrauding any retail buyer to the buyer's damage.
4. Fraudulent misrepresentation,  circumvention or concealment by the licensee through whatever subterfuge or device of any of the material particulars or the nature thereof required to be stated or furnished to the retail buyer under this article.
5. Conviction in any state of a felony or a misdemeanor involving breach of trust or dishonesty.
6. Having a judgment or order entered against the licensee or applicant by an administrative agency of this or any other state or by the federal government in which one of the bases of the judgment or order is fraud,  deceit or misrepresentation,  if the conduct was engaged in directly by the licensee or applicant or was authorized,  solicited,  commanded or knowingly permitted by the directors or senior management of the licensee or applicant.
B. If a licensee is a firm,  association or corporation,  it is sufficient cause for the suspension or revocation of a license that any officer,  director or trustee of a licensed firm,  association or corporation,  or any member of a licensed partnership,  has so acted or failed to act as would be cause for suspending or revoking a license to such party as an individual. Each licensee is responsible for the acts of any or all of the licensee's employees while acting as the licensee's agent,  if the licensee after actual knowledge of the acts retained the benefits,  proceeds,  profits or advantages accruing from the acts or otherwise ratified the acts.
C. Hearings on the denial,  suspension or revocation of a license shall be conducted pursuant to title 41,  chapter 6,  article 10. No revocation,  suspension or surrender of any license shall impair or affect the obligation of any lawful retail installment contract acquired by the licensee before the revocation,  suspension or surrender of the license.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-286 - Requirements and prohibitions as to retail installment contracts

44-286.
Requirements and prohibitions as to retail installment contracts
A. A retail installment contract shall be in writing,  shall be signed by both the buyer and the seller and shall be completed as to all essential provisions prior to the signing of the contract by the buyer. The printed portion of the contract,  other than instructions for completion,  shall be in at least eight point type. The contract shall contain in a size equal to at least ten point bold type:
1. A specific statement that liability insurance coverage for bodily injury and property damage caused to others is not included,  if that is the case;  and
2. The following notice: " Notice to the buyer: 1. Do not sign this contract before you read it or if it contains any blank spaces. 2. You are entitled to an exact copy of the contract you sign."
B. The seller shall deliver to the buyer,  or mail to him at his address shown on the contract,  a copy of the contract signed by the seller. Until the seller does so,  a buyer who has not received delivery of the motor vehicle shall have the right to rescind his agreement and to receive a refund of all payments made and return of all goods traded in to the seller on account of or in contemplation of the contract,  or if the goods cannot be returned,  the value thereof. Any acknowledgment by the buyer of delivery of a copy of the contract shall be in a size equal to at least ten point bold type,  and,  if contained in the contract,  shall appear directly above the buyer's signature.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-287 - Contents of contract

44-287.
Contents of contract
A. The contract shall contain the names of the seller and the buyer,  the place of business of the seller,  the residence or place of business of the buyer as specified by the buyer and a description of the motor vehicle including its make,  year,  model and identification number or marks.
B. The contract shall contain the following items:
1. The cash sale price of the motor vehicle.
2. The amount of the buyer's down payment,  and whether made in money or goods,  or partly in money and partly in goods.
3. The difference between paragraphs 1 and 2 of this subsection.
4. The amount,  if any,  included for insurance specifying the term and types of coverage. If the contract does not include liability insurance coverage for bodily injuries and property damage,  such fact shall be so set forth in capital letters immediately above the signatures of the parties to the contract.
5. The final cash price balance,  which is the sum of paragraphs 3 and 4 of this subsection.
6. The amount of the finance charge and the rate at which it is computed.
7. The time balance,  which is the sum of paragraphs 5 and 6 of this subsection,  payable in installments by the buyer to the seller,  the number of installments,  the amount of each installment and the due date or period of each installment.
8. A statement,  adjacent to the signature line of the contract,  in bold-faced type,  setting forth the telephone number and address of the department of insurance and financial institutions and stating that the seller is regulated by the department of insurance and financial institutions and that any complaints concerning the contract may be addressed to the department of insurance and financial institutions.
C. The items set forth in subsection B of this section need not be stated in the sequence or order set forth,  and additional items may be included to explain the calculations involved in determining the stated time balance to be paid by the buyer.
D. Notwithstanding any other law,  in the case of motor vehicles,  trailers or semitrailers,  a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized on sale or other disposition of the motor vehicle,  trailer or semitrailer.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-288 - Insurance provisions of contract

44-288.
Insurance provisions of contract
A. The amount,  if any,  included for insurance,  which may be purchased by the holder of the retail installment contract,  shall not exceed the applicable premiums chargeable in accordance with the rates filed with the director of the department of insurance and financial institutions.
B. If dual interest insurance on the motor vehicle is purchased by the seller or seller's assignee,  as the case may be,  it shall within thirty days after execution of the retail installment contract send or cause to be sent to the buyer a policy,  or policies,  or certificates of insurance written by an insurance company authorized to do business in this state,  clearly setting forth the amount of the premium,  the kind or kinds of insurance,  the coverages and all the terms,  options,  limitations,  restrictions and conditions of the contract or contracts of insurance. The buyer at the time of execution of the contract may purchase such insurance from an agent or broker of the buyer's own selection and may select an insurance company acceptable to the holder,  but in such case the inclusion of the insurance premium in the retail installment contract shall be optional with the seller.
C. If any insurance is canceled,  or the premium adjusted,  any refund of the insurance premium received by the holder shall be credited to the contract except to the extent applied toward payment for similar insurance protecting the interests of the buyer and the holder or either of them.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-289 - Delinquent contract; recovery; transfer fees; blank spaces in contract

44-289.
Delinquent contract;  recovery;  transfer fees;  blank spaces in contract
A. If the contract or refinancing agreement so provides,  the holder may,  as to any delinquent contract,  recover one or more of the following:
1. A reasonable amount for the holder's cost of collection.
2. Attorney's fees in a reasonable amount where such contract is referred for collection to an attorney not a salaried employee of the holder.
3. Court costs.
B. In the event of default under a contract,  a licensee shall comply with all provisions of title 47,  chapter 9,  article 6,  and be subject to the penalties prescribed therein. All sales of repossessed vehicles shall be conducted in a commercially reasonable manner.
C. As to each transfer of equity by a buyer or subsequent transferee,  the holder of the contract shall be entitled to a transfer of equity fee not in excess of fifteen dollars. If the contract so provides,  at the option of the holder,  no such transfer of equity shall be valid against the holder without the written consent of the holder. No certificate of title shall be issued by the state of Arizona in the name of such transferee unless written consent of the holder accompanies the application for transfer of title.
D. No retail installment contract shall be signed by any party thereto when it contains blank spaces to be filled in after it has been signed except that,  if delivery of the motor vehicle is not made at the time of the execution of the contract,  the identifying numbers or marks of the motor vehicle or similar information and the due date of the first installment may be inserted in the contract after its execution. The buyer's written acknowledgment,  conforming to the requirements of subsection B of section 44-286,  of delivery of a copy of a contract shall be conclusive proof of such delivery,  that the contract when signed,  did not contain any blank spaces except as herein provided,  and of compliance with this article in any action or proceeding by or against the holder of the contract.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-290 - Amount of payments; waiver of remedies

44-290.
Amount of payments;  waiver of remedies
A. Upon written request from the buyer,  the holder of a retail installment contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under such contract. A buyer shall be given a written receipt for any payment when made in cash.
B. No provision in a retail installment contract relieving the seller from liability for any legal remedies which the buyer may have against the seller under the contract,  or any separate instrument executed in connection therewith,  shall be enforceable.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-293 - Motor vehicle; refinancing retail installment contract

44-293.
Motor vehicle;  refinancing retail installment contract
A. The holder of a contract,  upon request by the buyer,  may extend the scheduled due date of all or any part of any installment or installments,  defer payment or payments,  renew or restate the unpaid time balance of such contract,  the amount of the installments and the time schedule therefor and may collect for such extension,  deferment,  renewal or restatement a refinance charge computed at the discretion of the holder as provided in subsection B of this section.
B. If the unpaid time balance of the contract is extended,  deferred,  renewed or restated,  the holder may compute the refinance charge on such amount by adding to the unpaid balance the cost for insurance and other benefits incidental to the refinancing plus any accrued delinquency and collection charges,  and deducting any refund which may be due the buyer by prepayment pursuant to section 44-291,  for unearned finance charges specified by the contract and by reclassifying the motor vehicle by its then year model,  for the term of the refinancing agreement,  but otherwise subject to the provisions of this article governing computation of the original finance charge. The provisions of this article governing the minimum finance charge under the refund schedule shall apply in calculating refinance charges on the contract renewed under this method of computation.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-303 - Contents of safe deposit box or other safekeeping depository

44-303.
Contents of safe deposit box or other safekeeping depository
Tangible property that is held in a safe deposit box or any other safekeeping depository in this state in the ordinary course of the holder's business and the proceeds that result from the sale of the property permitted by law are presumed abandoned if the property remains unclaimed by the owner for more than three years after the expiration of the lease or rental period on the box or other depository.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-304 - Rules for taking custody

44-304.
Rules for taking custody
Except as otherwise provided in this chapter or by another statute of this state,  property that is presumed abandoned,  whether located in this or another state,  is subject to the custody of this state if any of the following applies:
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 either:
(a) The last known address of the person entitled to the property is in this state.
(b) The holder is domiciled in this state or is a government or governmental subdivision,  agency or instrumentality 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.
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 for the escheat or custodial taking of the property and the holder is domiciled in this state or is a government or governmental subdivision,  agency or instrumentality 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 domiciled in this state or is a government or governmental subdivision,  agency or instrumentality of this state.
6. The transaction out of which the property arose occurred in this state,  the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property and the last known address of the apparent owner or other person who is entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property.
7. The property is a traveler's check or money order that was purchased in this state or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or the records do not show the state in which the instrument was purchased.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-305 - Dormancy charge

44-305.
Dormancy charge
A holder,  except an agency of this state,  may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge and the charge is not regularly reversed or otherwise canceled. The amount of the deduction is limited to an amount that is not unconscionable.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-306 - Burden of proof as to property evidenced by record of check or draft

44-306.
Burden of proof as to property evidenced by record of check or draft
A record of the issuance of a check,  draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer,  the department's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment,  satisfaction,  discharge and want of consideration are affirmative defenses and are the burden of the holder to establish.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-308 - Payment or delivery of abandoned property

44-308.
Payment or delivery of abandoned property
A. On filing the report prescribed in section 44-307,  the holder of property that is presumed abandoned shall pay,  deliver or cause to be paid or delivered to the department the property described in the report as unclaimed. If the property is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result,  the time for compliance is extended until a penalty or forfeiture would no longer result. The holder of tangible property held in a safe deposit box or any other safekeeping depository shall deliver the property to the department on filing the report prescribed in section 44-307.
B. If the property reported to the department is a security or security entitlement pursuant to title 47,  chapter 8,  the department may make an endorsement,  instruction or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with title 47,  chapter 8.
C. If the holder of property reported to the department is the issuer of a certificated security,  the department has the right to obtain a replacement certificate pursuant to section 47-8405,  but an indemnity bond is not required.
D. An issuer,  the holder and any transfer agent or other person who acts pursuant to the instructions and on behalf of the issuer or holder in accordance with this section are not liable to the apparent owner and are indemnified against all claims of any person in accordance with section 44-310.
E. Each month a holder of property reported pursuant to section 44-307,  subsection H shall remit the property with the report of property presumed abandoned or other form prescribed by the department.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-309 - Notice and publication of abandoned property

44-309.
Notice and publication of abandoned property
A. The department shall publish a notice at least semiannually with a toll free telephone number and directing the public to the department's website regarding abandoned property that has been paid or delivered to the department. The department shall cause the notice to be published in a newspaper of general circulation in each county. The department shall also cause the notice to either be published on social media or broadcast on radio or published or broadcast by any other means that in the judgment of the department is likely to attract the attention of the apparent owner of the unclaimed property. The department's website shall contain all of the following information not later than November 30 of the year after the year in which abandoned property has been paid or delivered to the department:
1. The name of each person that appears to be the owner of the property as stated in the report filed by the holder.
2. The last known address or location of each person that appears to be the owner of the property,  if an address or location is stated in the report filed by the holder.
3. A statement that explains that the property of the owner is presumed abandoned and is in the protective custody of the department.
4. A statement that on request to the department information about the property and its return to the owner is available to a person who has a legal or beneficial interest in the property.
B. The department's website is not required to contain the name,  address or location of an owner of property that has a total value of less than fifty dollars or information concerning a traveler's check,  money order or similar instrument.
C. The department shall publish annually the estimated total dollar amount of unclaimed property on the home page of the department's unclaimed property website.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-311 - Crediting of owner's account; interest

44-311.
Crediting of owner's account;  interest
A. A holder shall not cease payment of interest on an interest bearing demand,  savings or time deposit,  including a deposit that is automatically renewable,  unless all of the following conditions apply:
1. There is an enforceable written contract between the holder and the owner of the property that allows the holder to impose the charges or cease payment of interest.
2. For property that is more than two dollars,  not more than three months before the initial cessation of interest the holder gave written notice to the owner at the last known address of the owner that stated that interest would cease.
3. The holder regularly ceases payment of interest and does not regularly retroactively credit interest on that type of property.
B. If property other than money is delivered to the department pursuant to this chapter,  the department shall provide the owner with any income or gain realized or accruing on the property at or before liquidation or conversion of the property to money. If the property delivered to the department is an interest bearing demand,  savings or time deposit,  including a deposit that is automatically renewable,  the department shall pay interest at the legal rate or any lesser rate that the property earned while in the possession of the holder. Interest begins to accrue when the property is delivered to the department and ceases ten years after delivery or on the date the department pays the owner,  whichever occurs first.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-312 - Public sale of abandoned property

44-312.
Public sale of abandoned property
A. Except as otherwise provided in this section,  within three years after receiving abandoned property the department shall sell the property to the highest bidder at a public sale at a location in this state that in the judgment of the department affords the most favorable market for the property. The department may decline the highest bid and reoffer the property for sale if the department considers the bid to be insufficient. The department is not required to offer the property for sale if the department determines that the probable cost of the sale will exceed the proceeds from the sale. Before conducting a sale pursuant to this section,  the department shall cause a notice to be published at least three weeks before the sale in a newspaper of general circulation in the county in which the sale will occur.
B. The department shall sell securities that are listed on an established stock exchange at prices prevailing on the exchange at the time of the sale. The department may sell other securities over the counter at prices prevailing at the time of the sale or by any reasonable method selected by the department.
C. A person who makes a claim pursuant to this chapter for securities is entitled to receive from the department the securities that the holder delivered to the department if the securities remain in the department's custody or the person is entitled to receive the net proceeds of the sale. Except in a case of intentional misconduct or malfeasance by the department,  the person is not entitled to receive any appreciation in the value of the property that occurred after the delivery to the department.
D. A purchaser of property at a sale conducted by the department pursuant to this chapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under the owner or previous holder. The department shall execute all documents necessary to complete the transfer of ownership.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-313 - Deposit of monies

44-313.
Deposit of monies
A. Except as otherwise provided in this section or section 44-314,  the department shall deposit,  pursuant to sections 35-146 and 35-147,  in the state general fund all monies received pursuant to this chapter,  including the proceeds from the sale of abandoned property pursuant to section 44-312,  except that:
1. The first two million dollars of the monies shall be deposited each fiscal year in the seriously mentally ill housing trust fund established by section 41-3955.01.
2. The second two million five hundred thousand dollars of the monies shall be deposited in the housing trust fund established by section 41-3955.
3. The next twenty-four million five hundred thousand dollars of the monies shall be deposited each fiscal year in the department of revenue administrative fund established by section 42-1116.01.
B. The department shall deposit monies from unclaimed shares and dividends of any corporation incorporated under the laws of this state in the permanent state school fund pursuant to article XI,  section 8,  Constitution of Arizona.
C. The department shall deposit monies from unclaimed victim restitution payments in the victim compensation and assistance fund established by section 41-2407 for the purpose of establishing,  maintaining and supporting programs that compensate and assist victims of crime.
D. The department shall retain in a separate trust fund at least one hundred thousand dollars from which the department shall pay claims.
E. Before making the deposit,  the department shall record the name and last known address of each person who appears from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary. The department shall also record the policy or contract number of each policy or contract of an insurance company that is listed in the report,  the name of the company and the amount due. The department shall make the record available for public inspection during reasonable business hours.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-314 - Federal deposit insurance corporation trust fund; temporary custody; interest

44-314.
Federal deposit insurance corporation trust fund;  temporary custody;  interest
A. The federal deposit insurance corporation trust fund is established consisting of monies the department receives from the federal deposit insurance corporation under the unclaimed deposits amendments act of 1993 (P.L. 103-44;  107 Stat. 220;  12 United States Code section 1822(e)). The department shall administer the fund. Monies in the fund are continuously appropriated.
B. If the monies deposited in the federal deposit insurance corporation trust fund are not claimed by the owner within ten years after being surrendered to the department,  the department shall return the monies to the federal deposit insurance corporation.
C. This state retains all interest earned on the monies in the federal deposit insurance corporation trust fund. The interest earned on the monies in the federal deposit insurance corporation trust fund shall be credited as follows:
1. Sixty-five per cent in the state general fund.
2. Thirty-five per cent in the housing trust fund established by section 41-3955.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-316 - Claim of another state to recover property

44-316.
Claim of another state to recover property
A. After property has been paid or delivered to the department pursuant to this chapter,  another state may recover the property if any of the following applies:
1. The property was paid or delivered to the custody of this state because the records of the holder did not indicate a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person who is entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state.
2. The property was paid or delivered to the custody of this state because at the time of the payment or delivery the laws of the other state did not provide for the escheat or custodial taking of the property,  but after the payment or delivery the other state enacts laws that cause the property to escheat or become subject to a claim of abandonment by that state.
3. The records of the holder did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state.
4. The property was subjected to custody by this state pursuant to section 44-304,  paragraph 6 and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state.
5. The property is a sum that is payable on a traveler's check,  money order or similar instrument that was purchased in the other state and delivered to the custody of this state pursuant to section 44-304,  paragraph 7 and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.
B. In order to file a claim to recover escheated or abandoned property,  another state shall present the claim in a form prescribed by the department. The department shall decide the claim within ninety days after the claim is presented. The department shall allow the claim on determining that the other state is entitled to the abandoned property pursuant to subsection A of this section.
C. Before recovering property under this section,  the department shall require the other state to agree to indemnify this state and its officers and employees against any liability on a claim to the property.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-317 - Filing claim with department

44-317.
Filing claim with department
A. Any person,  excluding another state,  who claims property that was paid or delivered to the department may file a claim on a form prescribed by the department and verified by the claimant.
B. Within ninety days after a claim is filed the department shall allow or deny the claim and shall give written notice of the decision to the claimant. If the claim is denied the department shall inform the claimant of the reasons for the denial and shall specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the department or may maintain an action pursuant to section 44-318.
C. Within thirty days after a claim is allowed the department shall deliver the property or pay the net proceeds of a sale of the property to the claimant,  including any dividend,  interest or other increment to which the claimant is entitled pursuant to sections 44-311 and 44-312.
D. A holder who pays the owner for property that has been delivered to the department and that if claimed from the department by the owner would be subject to an increment pursuant to sections 44-311 and 44-312 shall recover from the department the amount of the increment.
E. Notwithstanding any other maximum time period that is specified in a statute,  contract or court order to commence or enforce an action to obtain payment of a claim for monies or recovery of property,  a person may file a claim under subsection A of this section within thirty-five years after the final day of the fiscal year in which the department receives the unclaimed property.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-318 - Action to establish claim; attorney fees

44-318.
Action to establish claim;  attorney fees
A person who is aggrieved by a decision of the department,  or whose claim has not been decided within ninety days after filing the claim,  may begin an original action in superior court to establish the claim by naming the department as a defendant. The person shall file the action in superior court within ninety days after the decision of the department or within one hundred eighty days after the filing of the claim if the department has failed to make a decision. If the aggrieved person establishes the claim in an action against the department,  the court may award the claimant reasonable attorney fees.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-319 - Election to take payment or delivery

44-319.
Election to take payment or delivery
A. The department may decline to receive property that is reported under this chapter and that the department considers to have a value of less than the costs of notice and sale.
B. With the written consent of the department and on terms prescribed by the department,  a holder may report and deliver property before the property is presumed abandoned. The department shall hold that property,  and that property is not presumed abandoned until it otherwise would be presumed abandoned pursuant to this chapter.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-320 - Destruction or disposition of property having no substantial commercial value; immunity from liability

44-320.
Destruction or disposition of property having no substantial commercial value;  immunity from liability
If the department determines after investigation that property delivered pursuant to this chapter has no substantial commercial value,  the department may destroy or otherwise dispose of the property at any time. A person shall not maintain an action or proceeding against this state,  the department or any officer of this state or against the holder for or on account of an act of the department pursuant to this section,  except for intentional misconduct or malfeasance.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-321 - Periods of limitation

44-321.
Periods of limitation
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.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-323 - Retention of records

44-323.
Retention of records
A. A holder that is required to file a report pursuant to section 44-307 shall maintain the records that contain the information required to be included in the report for five years after the holder files the report,  except as provided in subsection B of this section or unless the department adopts a rule that allows for a shorter period of time.
B. A business association or financial organization that sells,  issues or provides to others for sale or issue in this state traveler's checks,  money orders or other similar instruments on which the business association or financial organization is directly liable,  other than third party bank checks,  shall maintain a record of the instruments while the instruments remain outstanding and the record shall indicate the state and date of issue of the instruments. The association or organization shall maintain the record prescribed by this subsection for three years after the holder files the report.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-325 - Interstate agreements and cooperation; joint and reciprocal actions with other states

44-325.
Interstate agreements and cooperation;  joint and reciprocal actions with other states
A. The department may enter into an agreement with another state to exchange information relating to abandoned property or the possible existence of abandoned property. The agreement may allow the other state or another person acting on behalf of a state to examine records as authorized in section 44-322. The department by rule may require the reporting of information that is necessary to comply with an agreement made pursuant to this section,  and the department may prescribe the form.
B. The department may join with another state to seek enforcement of this chapter against any person who is or may be holding property that is reportable pursuant to this chapter.
C. At the request of another state,  the attorney general of this state may maintain an action on behalf of the other state to enforce in this state the unclaimed property laws of the other state against a holder of property that is subject to escheat or a claim of abandonment by the other state,  if the other state agrees to pay all costs incurred by the attorney general in maintaining the action.
D. The department may request that the attorney general of another state or another attorney begin an action in the other state on behalf of the department. The department shall pay all costs,  including attorney fees,  in maintaining an action pursuant to this subsection. The department may pay the costs and attorney fees from monies received pursuant to this chapter. The department may agree to pay costs and attorney fees that are based in whole or in part on a percentage of the value of any property that the department recovers in the action. The department shall not deduct any costs or attorney fees paid pursuant to this section from the amount that is subject to the claim by the owner pursuant to this chapter.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-326 - Interest; penalties

44-326.
Interest;  penalties
A. The department may require any person who fails to pay or deliver property within the time prescribed in this chapter to pay to the department interest at the rate of one and one-half per cent per month or fraction of a month on the property or value of the property from the date the property should have been paid or delivered.
B. Any person who wilfully fails to:
1. Render any report or perform any other duty required under this chapter shall pay a civil penalty of one hundred dollars for each day the report is withheld or the duty is not performed up to a maximum of five thousand dollars.
2. Pay or deliver property to the department as required under this chapter shall pay a civil penalty of twenty-five per cent of the value of the property that should have been paid or delivered.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-327 - Agreement to locate property

44-327.
Agreement to locate property
A. The following are void and unenforceable:
1. An agreement entered into by an owner with another person if the primary purpose of that agreement is to locate,  deliver,  recover or assist in the recovery of property that is presumed abandoned,  if the agreement was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is twenty-four months after the date that the property is paid or delivered to the department. This paragraph does not apply to an owner's agreement with an attorney to file a claim relating to identified property or to contest the department's denial of a claim.
2. A provision in an agreement that requires an owner to pay compensation that includes a portion of mineral proceeds that are not presumed abandoned or the underlying minerals,  if the primary purpose of the agreement is to locate,  deliver,  recover or assist in the recovery of mineral proceeds that are presumed abandoned.
B. If an owner enters into an agreement that is not void pursuant to this section and the primary purpose of that agreement is to locate,  deliver,  recover or assist in the recovery of property reported to the department,  the agreement is:
1. Enforceable if the agreement is in writing,  clearly states the nature of the property and the services to be performed,  is signed by the apparent owner and states the value of the property before and after the fee or other compensation has been deducted. The fee or payment agreed on shall not be more than thirty per cent of the value of the recoverable property reported to the department.
2. Unenforceable except by the owner if the agreement provides for compensation that is more than thirty per cent of the value of the recoverable property reported to the department.
C. An owner who has agreed to pay compensation that is more than thirty per cent of the value of the recoverable property reported to the department,  or the department on behalf of the owner,  may maintain an action to reduce the compensation. The court may award reasonable attorney fees to an owner who prevails in the action. This section does not prohibit an owner from asserting that an agreement is invalid on grounds other than compensation.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-329 - Transitional provisions

44-329.
Transitional provisions
A. An initial report filed pursuant to this chapter for property that was not required to be reported before January 1,  2001 but that is subject to this chapter shall include all items of property that would have been presumed abandoned within ten years before January 1,  2001 as if this chapter had been in effect during that period.
B. This chapter does not relieve a holder of a duty that arose before January 1,  2001 to report,  pay or deliver property. Except as provided in section 44-321,  subsection C,  a holder who did not comply with the law in effect before January 1,  2001 is subject to the applicable provisions for enforcement and penalties that were in effect under the prior law.