2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-239 - Required fee and form; background checks; penalty for falsification; required notice; naming convention; registration term; adverse treatment of registration; hearings

(a)
In order to file claims as a claimant's designated representative, receive a distribution of fees and costs from the department, or obtain information pertaining to unclaimed property held by the department, a claimant's designated representative shall register with the department by paying a $1,200.00 registration fee and completing a form published by the department soliciting the information the commissioner deems reasonably necessary to administer the requirements of this article, including, but not limited to:
(1)
The business address and telephone number of the registrant and, if applicable, the registrant's employer;
(2)
The tax identification number of the registrant and, if applicable, the registrant's employer;
(3)
A legible copy of the registrant's current driver's license showing the full name and current address of such person. If a current driver's license is not available, another form of photo identification as prescribed by the commissioner shall be filed with the department;
(4)
The names of agents or employees, if any, who are designated to submit claims on behalf of the registrant, together with a legible copy of their driver's license showing their full name and address or other form of photo identification as prescribed by the commissioner; and
(5)
Sufficient information to enable the department to disburse fee payments to the registrant.
(b)
Registrants shall submit to a background check for all employees designated to submit or process claims on behalf of the registrant.
(c)
The knowing submission of false information by any registrant pursuant to this article may be punishable by law, including as a false statement prohibited under Code Section
16-10-20
.
(d)
A claimant's designated representative is ineligible for registration if, within the immediately preceding 20 years, the designated representative, or such designated representative's officer, owner, or employee designated to act on behalf of the representative, was convicted of a misdemeanor or felony involving dishonesty, deceit, or fraud, or adjudications of responsibility in civil actions pertaining to breach of fiduciary duties.
(e)
If a material change in the status of a registration occurs, a registrant shall, within 30 days, provide the department with the updated documentation and information in writing. Material changes include, but are not limited to a designated agent or employee ceasing to act on behalf of the designating person; changes in any of the contact information provided pursuant to this Code section; any criminal convictions for crimes, whether felonies or misdemeanors, involving dishonesty, deceit, or fraud; or adjudications of responsibility in civil actions pertaining to breach of fiduciary duties. Failure to comply with this subsection shall result in immediate revocation of the registration as a claimant's designated representative.
(f)
Any solicitation from a claimant's designated representative to an owner or apparent owner of unclaimed property shall include the following notice in all capital letters in at least 12 point type or in a font larger than the font utilized in the solicitation, whichever is larger: "THIS IS A SOLICITATION. THIS IS NOT A BILL OR OFFICIAL GOVERNMENT DOCUMENT AND HAS NOT BEEN SENT BY THE STATE OF GEORGIA. YOU ARE NOT REQUIRED TO USE THE SERVICES OFFERED IN THIS SOLICITATION."
(g)
A claimant's designated representative may not register under or use a business name that might lead a reasonable person to conclude that the representative, firm, or employer is an agent of the United States, or an agency thereof, or a state or an agency or political subdivision of a state.
(h)
Registration by a claimant's designated representative shall have a four-year term and may be renewed if the claimant's designated representative continues to meet the applicable criteria. Upon renewal, a claimant's designated representative shall pay a renewal fee of $1,200.00.
(i)
A duly registered claimant's designated representative is authorized to submit claims and respond to requests for additional information on behalf of a claimant and apparent owner, and to receive information related to accounts claimed directly from the commissioner.
(j)
Any decision by the commissioner or the commissioner's authorized agent to deny, suspend, revoke, or not renew a claimant's designated representative's registration shall set forth the basis for such action. An applicant for registration or renewal aggrieved by any decision of the commissioner or the commissioner's designated representative is entitled, upon request, to a hearing before the commissioner or the commissioner's designated representative. The request shall set forth with specificity the reasons for the request and the manner of relief sought.
(k)
Hearings conducted under subsection (j) of this Code section shall be conducted under the terms and conditions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2023 Ga. Laws 81,§ 11, eff. 7/1/2024.