reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 17. Corporate Employee's Liens › 32-33-17-1. Lien; Applicability of Law

Sec. 1. Unless otherwise provided in this article, corporate employee liens on personal property of a corporation for all work and labor done and performed by the employees of a corporation are governed by IC 32-28-12.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.18.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 18. Common Law Liens › 32-33-18-1. Lien Procedure

Sec. 1. The procedures for filing and releasing common law liens on personal property are governed by IC 32-28-13.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.18.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 19. Duty to Satisfy Record › 32-33-19-1. Release, Discharge, and Satisfaction

Sec. 1. Unless otherwise provided in this article, if the debt or obligation, including interest on the debt or obligation, that a lien on personal property secures has been fully paid, lawfully tendered, and discharged, the owner, holder, or custodian of the mortgage shall:
(1) release;
(2) discharge; and
(3) satisfy of record;
the mortgage as provided in IC 32-28-1.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.18. Amended by P.L.1-2003, SEC.87.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-1. "Customer"

Sec. 1. As used in this chapter, "customer" means a person who:
(1) causes a special tool builder to design, develop, manufacture, assemble for sale, or otherwise make a special tool; or
(2) causes an end user to use a special tool.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-3. "Special Tool"

Sec. 3. As used in this chapter, "special tool" means tools, dies, jigs, gauges, gauging fixtures, special machinery, cutting tools, injection molds, or metal castings used in the design, development, manufacture, assembly or fabrication of parts.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-5. Transfer of Rights, Title, and Interest in a Special Tool to an End User

Sec. 5. (a) This section does not apply if an end user retains title to and possession of a special tool.
(b) Unless otherwise agreed in writing, if a customer does not claim possession of a special tool from an end user within three (3) years after the date the special tool is last used by the end user, at the option of the end user, all rights, title, and interest in the special tool may be transferred by operation of law to the end user for the purpose of destroying the special tool.
(c) After the three (3) year period described in subsection (b) expires, if an end user chooses to have all rights, title, and interest in a special tool transferred to the end user, the end user shall send written notice by registered mail, return receipt requested:
(1) to an address designated in writing by the customer; or
(2) if the customer has not designated an address in writing, to the customer's last known address;
that indicates the end user intends to terminate the customer's rights, title, and interest in the special tool by having all rights, title, and interest in the special tool transferred to the end user under this section.
(d) If a customer does not:
(1) claim possession of the special tool within one hundred twenty (120) days after the date the end user receives the return receipt of the notice sent under subsection (c); or
(2) make other arrangements with the end user for storage of the special tool within one hundred twenty (120) days after the date the end user receives the return receipt of the notice sent under subsection (c);
all rights, title, and interest of the customer in the special tool are transferred by operation of law to the end user for the purpose of destroying the special tool.
(e) This section may not be construed to:
(1) affect a right of a customer under a:
(A) federal patent or copyright law; or
(B) state or federal law concerning unfair competition; or
(2) grant a customer rights, title, or interest in a special tool.
As added by P.L.73-2009, SEC.4. Amended by P.L.1-2010, SEC.130.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-6. End User Lien on a Special Tool

Sec. 6. (a) An end user has a lien, dependent on possession, on any special tool in the end user's possession belonging to a customer for the amount due the end user from the customer for:
(1) metal fabrication work performed with the special tool; or
(2) making or improving the special tool.
(b) An end user may retain possession of the special tool until the amount due is paid.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-7. Notice to Customer of End User Lien

Sec. 7. (a) Before enforcing a lien created under section 6 of this chapter, the end user must give written notice to the customer that is:
(1) delivered personally; or
(2) sent by registered mail to the last known address of the customer.
(b) The notice required under subsection (a) must:
(1) state that a lien is claimed for the amount due for:
(A) metal fabrication work; or
(B) making or improving the special tool; and
(2) include a demand for payment.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-8. Sale of Special Tool at Public Auction

Sec. 8. If an end user has not been paid the amount due within ninety (90) days after the date the notice is received by the customer as provided in section 7 of this chapter, the end user may sell the special tool at a public auction if:
(1) the special tool is still in the end user's possession; and
(2) the end user complies with section 9 of this chapter.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-9. Notice to Customer of Special Tool Sale

Sec. 9. (a) Before an end user may sell a special tool, the end user must notify:
(1) the customer; and
(2) any person whose security interest in the special tool is perfected by filing;
by registered mail, return receipt requested, that the end user intends to sell the special tool.
(b) The notice required under subsection (a) must include the following information:
(1) The end user's intention to sell the special tool sixty (60) days after the date the customer receives the notice.
(2) A description of the special tool to be sold.
(3) The date, time, and place of the sale.
(4) An itemized statement for the amount due.
(5) A statement that the product produced by the special tool complies with the quality and quantity ordered.
(c) If:
(1) there is no return of the receipt of the mailing; or
(2) the postal service returns the notice as being undeliverable;
the end user shall publish notice of the end user's intention to sell the special tool in a newspaper of general circulation in the place where the special tool is being held for sale by the end user and in the place of the customer's last known address. The notice must include a description of the special tool and the name of the customer.
(d) If a customer disagrees that the product produced by the special tool complies with the quality and quantity ordered, the customer shall notify the end user in writing by registered mail, return receipt requested, that the product produced by the special tool did not meet the quality or quantity of product ordered. An end user who receives a notice under this subsection may not sell the special tool until the dispute is resolved.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-10. Proceeds of Special Tool Sale

Sec. 10. (a) The proceeds of a sale of a special tool under section 8 of this chapter shall be paid as follows:
(1) The proceeds shall be paid first to the prior lienholder who has a perfected lien in an amount sufficient to satisfy the lienholder's interest.
(2) Any remainder after payment is made under subdivision (1) shall be paid to the end user who possesses a lien under this chapter in an amount sufficient to extinguish that interest.
(3) Any remainder after payment is made under subdivision (2) shall be paid to the customer.
(b) A sale may not be made under this chapter if it would violate a right a customer has under federal patent or copyright law.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-11. Special Tool Builder Security Interest on a Special Tool

Sec. 11. (a) A special tool builder has an unperfected purchase money security interest under IC 26-1-9.1 on a special tool that the special tool builder fabricates, repairs, or modifies.
(b) The amount of the lien is the amount that a customer or end user owes the special tool builder for the fabrication, repair, or modification of the special tool.
(c) A special tool builder may perfect its purchase money security interest in a special tool by filing a financing statement in accordance with IC 26-1-9.1-317(e).
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-12. Enforcement of Special Tool Builder Lien

Sec. 12. To enforce a lien that attaches under section 11 of this chapter, a special tool builder must give notice of the lien in writing to the customer and the end user. The notice must:
(1) be delivered personally or by certified mail, return receipt requested, to the last known address of the customer and to the last known address of the end user; and
(2) state:
(A) that a lien is claimed;
(B) the amount that the special tool builder claims it is owed for fabrication, repair, or modification of the special tool; and
(C) a demand for payment.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-13. Special Tool Builder Right to Possession of a Special Tool

Sec. 13. (a) Subject to section 14 of this chapter, if a special tool builder has not been paid the amount claimed in the notice required under section 12 of this chapter within ninety (90) days after the date the notice required under section 12 of this chapter has been received by the customer and the end user, the special tool builder:
(1) has a right to possession of the special tool; and
(2) may enforce the right to possession of the special tool by judgment, foreclosure, or any available judicial procedure.
(b) The special tool builder may do one (1) or more of the following:
(1) Take possession of the special tool. The special tool builder may take possession without judicial process if possession can be taken without breach of the peace.
(2) Sell the special tool in a public auction.
(c) A special tool builder is entitled to court costs and reasonable attorney's fees for expenses incurred under this section.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-14. Notice by Special Tool Builder; Sale of a Special Tool

Sec. 14. (a) Before a special tool builder may enforce its security interest in a special tool for which the special tool builder claims a security interest under this chapter and for which the required notice has been sent under section 12 of this chapter, the special tool builder must notify the customer, the end user, and all other persons that have a perfected security interest in the special tool by certified mail, return receipt requested, of all the following:
(1) The special tool builder's intention to sell the special tool sixty (60) days after the receipt of the notice.
(2) A description of the special tool to be sold.
(3) The last known location of the special tool.
(4) The time and place of the sale.
(5) An itemized statement of the amount due.
(6) A statement that the special tool was accepted and the acceptance was not subsequently rejected.
(b) If:
(1) there is no return of the receipt of the mailing; or
(2) the postal service returns the notice as being undeliverable;
the special tool builder shall publish notice of the special tool builder's intention to sell the special tool in a newspaper of general circulation in the place where the special tool was last known to be located, in the place of the customer's last known address, and in the place of the end user's last known address. The published notice must include a description of the special tool and the name of the customer and the end user.
(c) If a customer or an end user against whom the lien is asserted disagrees that the special tool was accepted or that the acceptance was not subsequently rejected, the customer or end user shall notify the special tool builder in writing by certified mail, return receipt requested, that the special tool was not accepted or that the acceptance was subsequently rejected. A special tool builder who receives notice under this subsection may not sell the special tool until the dispute is resolved.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 20. Special Tool Liens › 32-33-20-15. Proceeds of Special Tool Sale

Sec. 15. (a) The proceeds of a sale of a special tool under section 13 of this chapter shall be paid as follows:
(1) The proceeds shall be paid first to the prior lienholder who has a perfected lien in an amount sufficient to satisfy the lienholder's interest.
(2) Any remainder after payment is made under subdivision (1) shall be paid to the special tool builder who possesses a lien under this chapter in an amount sufficient to extinguish that interest.
(3) Any remainder after payment is made under subdivision (2) shall be paid to the customer.
(b) A sale may not be made or possession may not be obtained under section 13 of this chapter if the sale or possession would violate any right a customer or an end user has under federal patent, bankruptcy, or copyright law.
As added by P.L.73-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 33. Liens on Personal Property › Chapter 21. Repeal of Laws Concerning Liens on Personal Property › 32-33-21-1. Repeal of Ambulance Lien Law

Sec. 1. (a) Notwithstanding the repeal of IC 32-33-5 concerning ambulance liens on July 1, 2013, if a provider of emergency ambulance services perfects a lien under IC 32-33-5-4 before July 1, 2013:
(1) the lien remains valid; and
(2) the provisions of IC 32-33-5 in effect on June 30, 2013, continue to apply to the lien;
until the lien is released under IC 32-33-5 as in effect on June 30, 2013.
(b) The repeal of IC 32-33-5 may not be construed to affect or abridge a right of a provider of emergency ambulance services:
(1) to collect amounts claimed to be due the provider for emergency ambulance services; and
(2) that is conferred under any other law or contractual right.
(c) The repeal of IC 32-33-5 may not be construed to affect a patient's financial obligation under any other law or contract to pay the provider of emergency ambulance services the reasonable value of the services provided to the patient.
As added by P.L.173-2013, SEC.7.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1. Repealed

[Pre-2002 Recodification Citations:
32-34-1-1formerly 32-9-1.5-132-34-1-2formerly 32-9-1.5-232-34-1-3formerly 32-9-1.5-432-34-1-4formerly 32-9-1.5-532-34-1-5formerly 32-9-1.5-632-34-1-6formerly 32-9-1.5-732-34-1-7formerly 32-9-1.5-7.532-34-1-8formerly 32-9-1.5-832-34-1-9formerly 32-9-1.5-932-34-1-10formerly 32-9-1.5-1032-34-1-11formerly 32-9-1.5-1132-34-1-12formerly 32-9-1.5-1232-34-1-13formerly 32-9-1.5-1332-34-1-14formerly 32-9-1.5-1432-34-1-15formerly 32-9-1.5-1532-34-1-16formerly 32-9-1.5-1632-34-1-17formerly 32-9-1.5-1732-34-1-18formerly 32-9-1.5-1832-34-1-19formerly 32-9-1.5-1932-34-1-20formerly 32-9-1.5-2032-34-1-21formerly 32-9-1.5-2132-34-1-22formerly 32-9-1.5-2232-34-1-23formerly 32-9-1.5-2332-34-1-24formerly 32-9-1.5-2432-34-1-25formerly 32-9-1.5-2532-34-1-26formerly 32-9-1.5-2632-34-1-27formerly 32-9-1.5-2732-34-1-28formerly 32-9-1.5-2832-34-1-29formerly 32-9-1.5-2932-34-1-30formerly 32-9-1.5-3032-34-1-31formerly 32-9-1.5-3132-34-1-32formerly 32-9-1.5-3232-34-1-33formerly 32-9-1.5-3332-34-1-34formerly 32-9-1.5-3432-34-1-35formerly 32-9-1.5-3532-34-1-36formerly 32-9-1.5-3632-34-1-37formerly 32-9-1.5-3732-34-1-38formerly 32-9-1.5-38.132-34-1-39formerly 32-9-1.5-4032-34-1-40formerly 32-9-1.5-4132-34-1-41formerly 32-9-1.5-4232-34-1-42formerly 32-9-1.5-4332-34-1-43formerly 32-9-1.5-4432-34-1-44formerly 32-9-1.5-4632-34-1-45formerly 32-9-1.5-4732-34-1-46formerly 32-9-1.5-4832-34-1-47formerly 32-9-1.5-4932-34-1-48formerly 32-9-1.5-5032-34-1-49formerly 32-9-1.5-5232-34-1-50formerly 32-9-1.5-5432-34-1-51formerly 32-9-1.5-4532-34-1-52formerly 32-9-1.5-3.]
Repealed by P.L.141-2021, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-1. Nonapplicability of Chapter

Sec. 1. (a) This chapter does not apply to property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction.
(b) This chapter does not apply to a business to business credit memorandum or a credit balance resulting from a business to business credit memorandum.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-6. Presumption of Abandonment for Property Held in a Tax Deferred Account or Plan

Sec. 6. Subject to section 11 of this chapter and except for property described in section 5 of this chapter and property held in a plan described in Section 529A of the Internal Revenue Code, property held in an account or plan, including a health savings account, that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner three (3) years after the earlier of the following:
(1) The date, if determinable by the holder, specified in federal income tax laws and regulations by which distribution of the property must begin to avoid a tax penalty, with no distribution having been made.
(2) Thirty (30) years after the date the account was opened.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-7. Presumption of Abandonment for Property Held in an Account Established for Minors

Sec. 7. (a) Subject to section 11 of this chapter, property held in an account established under a state's Uniform Gifts to Minors Act or Uniform Transfers to Minors Act is presumed abandoned if it is unclaimed by or on behalf of the minor on whose behalf the account was opened three (3) years after the later of the following:
(1) Except as provided in subdivision (2), the date a second consecutive communication sent by the holder by first class United States mail to the custodian of the minor on whose behalf the account was opened is returned undelivered to the holder by the United States Postal Service.
(2) If the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered.
(3) The date on which the custodian is required to transfer the property to the minor or the minor's estate in accordance with the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of the state in which the account was opened.
(b) If the holder does not send communications to the custodian of the minor on whose behalf an account described in subsection (a) was opened by first class United States mail, the holder shall attempt to confirm the custodian's interest in the property by sending the custodian an electronic mail communication not later than two (2) years after the custodian's last indication of interest in the property. However, the holder shall attempt to contact the custodian by first class United States mail within sixty (60) days if any of the following applies:
(1) The holder does not have information needed to send the custodian an electronic mail communication or the holder believes the electronic mail address in the holder's records is not valid.
(2) The holder receives notification that the electronic mail communication was not received.
(3) The custodian does not respond to the electronic mail communication not later than thirty (30) days after the communication was sent.
(c) If first class United States mail sent under subsection (b) is returned undelivered to the holder by the United States Postal Service, the property is presumed abandoned three (3) years after the later of the following:
(1) The date a second consecutive communication to contact the custodian by first class United States mail is returned to the holder undelivered by the United States Postal Service.
(2) The date established by subsection (a)(3).
(d) When the property in the account described in subsection (a) is transferred to the minor on whose behalf an account was opened or to the minor's estate, the property in the account is no longer subject to this section.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-8. Presumption of Abandonment for Property Held in a Safe Deposit Box

Sec. 8. Tangible property held in a safe deposit box and proceeds from a sale of the property by the holder permitted by law of this state other than this chapter are presumed abandoned if the property remains unclaimed by the apparent owner five (5) years after the earlier of the:
(1) expiration of the lease or rental period for the box; or
(2) earliest date when the lessor of the box is authorized by law of this state other than this chapter to enter the box and remove or dispose of the contents without consent or authorization of the lessee.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-9. Presumption of Abandonment for Securities

Sec. 9. (a) Subject to section 11 of this chapter, a security is presumed abandoned three (3) years after:
(1) the date a second consecutive communication sent by the holder by first class United States mail to the apparent owner is returned to the holder undelivered by the United States Postal Service; or
(2) if the second communication is made later than thirty (30) days after the first communication is returned, the date the first communication is returned undelivered to the holder by the United States Postal Service.
(b) If the holder does not send communications to the apparent owner by first class United States mail, the holder shall attempt to confirm the apparent owner's interest in the security by sending the apparent owner an electronic mail communication not later than two (2) years after the apparent owner's last indication of interest in the security. However, the holder must attempt to contact the apparent owner by first class United States mail within sixty (60) days if:
(1) the holder does not have information needed to send the apparent owner an electronic mail communication or the holder believes that the apparent owner's electronic mail address in the holder's records is not valid;
(2) the holder receives notification that the electronic mail communication was not received; or
(3) the apparent owner does not respond to the electronic mail communication not later than thirty (30) days after the communication was sent.
(c) If first class United States mail sent under subsection (b) is returned to the holder undelivered by the United States Postal Service, the security is presumed abandoned three (3) years after the date the mail is returned.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-10. Presumption of Abandonment for Accrued Interest

Sec. 10. At and after the time property is presumed abandoned under this chapter, any other property right or interest accrued or accruing from the property and not previously presumed abandoned is also presumed abandoned.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-13. Proceeds Payable Under an Insurance Policy or Annuity Contract

Sec. 13. If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check or draft writing privileges for the beneficiary of the policy or contract and, under a supplementary contract not involving annuity benefits other than death benefits, the proceeds are retained by the insurance company or the financial organization where the account is held, the policy or contract includes the assets in the account.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-15. Property Subject to Custody of State as Unclaimed Property

Sec. 15. Except as provided in sections 12, 13, and 14 of this chapter, the attorney general may take custody of property presumed abandoned whether located in this state or another state if:
(1) the transaction out of which the property arose took place in this state;
(2) the holder is domiciled in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the holder's domicile, the property is not subject to the custody of the attorney general; and
(3) the last known address of the apparent owner or other person entitled to the property is unknown or in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the last known address, the property is not subject to the custody of the attorney general.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-16. Traveler's Checks; Money Orders

Sec. 16. The attorney general may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. 2501 through 2503.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-17. Disputes; Burden of Proof

Sec. 17. If a holder disputes the attorney general's right to custody of unclaimed property, the attorney general has the burden to prove:
(1) the existence and amount of the property;
(2) the property is presumed abandoned; and
(3) the property is subject to the custody of the attorney general.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-18. Reporting Property Presumed Abandoned

Sec. 18. (a) A holder of property presumed abandoned and subject to the custody of the attorney general must report in an electronic record to the attorney general concerning the property. The attorney general may not require a holder to file a paper report.
(b) A holder may contract with a third party to make the report required under subsection (a).
(c) Whether or not a holder contracts with a third party under subsection (b), the holder is responsible:
(1) to the attorney general for the complete, accurate, and timely reporting of property presumed abandoned; and
(2) for paying or delivering to the attorney general property described in the report.
As added by P.L.141-2021, SEC.20. Amended by P.L.101-2023, SEC.3.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-20. Reporting Deadlines

Sec. 20. (a) Except as otherwise provided in subsection (b) and subject to subsection (c), the report required under section 18 of this chapter must be filed before November 1 of each year and cover the twelve (12) months preceding July 1 of that year.
(b) Subject to subsection (c), the report required under section 18 of this chapter to be filed by an insurance company must be filed before May 1 of each year for the immediately preceding calendar year.
(c) Before the date for filing the report required under section 18 of this chapter, the holder of property presumed abandoned may request that the attorney general extend the time for filing. The attorney general may grant an extension. If an extension is granted, the holder may pay or make a partial payment of the amount the holder estimates ultimately will be due. A payment or partial payment under this subsection terminates accrual of interest on the amount paid.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-21. Retention of Records

Sec. 21. A holder required to file a report under section 18 of this chapter must retain records for ten (10) years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period is provided by rule of the attorney general. The holder may satisfy the requirement to retain records under this section through an agent. The records must contain:
(1) the information required to be included in the report;
(2) the date, place, and nature of the circumstances that gave rise to the property right;
(3) the amount or value of the property;
(4) the last address of the apparent owner, if known to the holder; and
(5) if the holder sells, issues, or provides to others for sale or issue in this state traveler's checks, money orders, or similar instruments, other than third party bank checks, on which the holder is directly liable, a record of the instruments while they remain outstanding indicating the state and date of issue.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-22. Failure of Owner to Request Payment

Sec. 22. Property is reportable and payable under this chapter even if the owner fails to make demand or present an instrument or document otherwise required to obtain payment.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-23. Notice Sent to Apparent Owner

Sec. 23. (a) Subject to subsection (b), the holder of property presumed abandoned must send to the apparent owner notice by first class United States mail that complies with section 24 of this chapter in a format acceptable to the attorney general not more than one hundred eighty (180) days and not less than sixty (60) days before filing the report under section 18 of this chapter if:
(1) the holder has in its records an address for the apparent owner which the holder's records do not disclose to be invalid and is sufficient to direct the delivery of first class United States mail to the apparent owner; and
(2) the value of the property is fifty dollars ($50) or more.
(b) If an apparent owner has consented to receive electronic mail delivery from the holder, the holder may, at its election, send the notice described in subsection (a) by either first class United States mail to the apparent owner's last known mailing address, or by electronic mail, unless the holder believes the apparent owner's electronic mail address is invalid.
As added by P.L.141-2021, SEC.20. Amended by P.L.9-2022, SEC.70.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-24. Notice Requirements

Sec. 24. (a) The notice under section 23 of this chapter must contain a heading that reads substantially as follows:
"Notice. The State of Indiana requires us to notify you that your property may be transferred to the custody of the attorney general if you do not contact us before thirty (30) days after the date of this notice.".
(b) The notice under section 23 of this chapter must:
(1) identify the nature and, except for property that does not have a fixed value, the value of the property that is the subject of the notice;
(2) state that the property will be turned over to the attorney general;
(3) state that after the property is turned over to the attorney general an apparent owner that seeks return of the property must file a claim with the attorney general;
(4) state that property that is not legal tender of the United States may be sold by the attorney general; and
(5) provide instructions that the apparent owner must follow to prevent the holder from reporting and paying or delivering the property to the attorney general.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-25. Publication of Notice in Newspaper and on Internet

Sec. 25. (a) The attorney general shall give notice to an apparent owner that property presumed abandoned and appearing to be owned by the apparent owner is held by the attorney general under this chapter by:
(1) publishing once per year in at least one (1) newspaper of general circulation to each county of the state notice of property with a value greater than one hundred dollars ($100) held by the attorney general, which must include:
(A) the name of each apparent owner residing in the county, as set forth in the report filed by the holder;
(B) the last known address or location of each apparent owner residing in the county, if an address or a location is set forth in the report filed by the holder;
(C) a statement explaining that the property of the apparent owner is presumed abandoned and has been taken into the protective custody of the attorney general;
(D) a statement that information about the abandoned property and its return to the apparent owner is available from the attorney general to a person having a legal or beneficial interest in the property;
(E) the web address of the unclaimed property Internet web site maintained by the attorney general;
(F) a telephone number and electronic mail address to contact the attorney general to inquire about or claim property; and
(G) a statement that a person may access the Internet by a computer to search for unclaimed property and a computer may be available as a service to the public at a local public library; and
(2) maintaining an Internet web site or data base accessible by the public and electronically searchable which contains the names reported to the attorney general of all apparent owners for whom property valued at ten dollars ($10) or more is being held by the attorney general.
(b) The Internet web site or data base maintained under subsection (a)(2) must include instructions for filing with the attorney general a claim to property and a printable claim form with instructions for its use.
(c) In addition to publishing the information under subsection (a)(1) and maintaining the Internet web site or data base under subsection (a)(2), the attorney general may use other printed publication, telecommunication, the Internet, or other media to inform the public of the existence of unclaimed property held by the attorney general.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-26. Determining Current Address of Apparent Owner

Sec. 26. Unless prohibited by law other than this chapter, on request of the attorney general, each officer, agency, board, commission, division, and department of the state, any body politic and corporate created by this state for a public purpose, and each political subdivision of this state shall make its books and records available to the attorney general and cooperate with the attorney general to determine the current address of an apparent owner of property held by the attorney general under this chapter.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-27. Good Faith Payment or Delivery of Property

Sec. 27. In this chapter, payment or delivery of property is made in good faith if a holder:
(1) had a reasonable basis for believing, based on the facts then known, that the property was required or permitted to be paid or delivered to the attorney general under this chapter; or
(2) made payment or delivery:
(A) in response to a demand by the attorney general or the attorney general's agent; or
(B) under a guidance or ruling issued by the attorney general which the holder reasonably believed required or permitted the property to be paid or delivered.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-28. Dormancy Charge

Sec. 28. (a) A holder may deduct a dormancy charge from property required to be paid or delivered to the attorney general if:
(1) a valid contract between the holder and the apparent owner authorizes imposition of the charge for the apparent owner's failure to claim the property within a specified time; and
(2) the holder regularly imposes the charge and regularly does not reverse or otherwise cancel the charge.
(b) The amount of the deduction under subsection (a) is limited to an amount that is not unconscionable considering all relevant factors, including the marginal transactional costs incurred by the holder in maintaining the apparent owner's property and any services received by the apparent owner.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-29. Delivery of Property to Attorney General

Sec. 29. (a) Except as otherwise provided in this section, upon filing a report under section 18 of this chapter, the holder shall pay or deliver to the attorney general the property described in the report.
(b) If property in a report under section 18 of this chapter is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result from paying the deposit to the attorney general at the time of the report, the date for payment of the property to the attorney general is extended until a penalty or forfeiture no longer would result from payment.
(c) Tangible property in a safe deposit box shall be delivered to the attorney general not later than thirty (30) days after filing the report under section 18 of this chapter.
(d) If property reported to the attorney general under section 18 of this chapter is a security, the attorney general may:
(1) make an endorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer, its transfer agent, or the securities intermediary to transfer the security; or
(2) dispose of the security under section 38 of this chapter.
(e) If the holder of property reported to the attorney general under section 18 of this chapter is the issuer of a certificated security, the attorney general may obtain a replacement certificate in physical or book entry form under IC 26-1-8.1-405. An indemnity bond is not required.
(f) The attorney general shall establish procedures for the registration, issuance, method of delivery, transfer, and maintenance of securities delivered to the attorney general by a holder.
(g) An issuer, holder, and transfer agent or other person acting under this section under instructions of and on behalf of the issuer or holder is not liable to the apparent owner for, and must be indemnified by the state against, a claim arising with respect to property after property has been delivered to the attorney general.
(h) A holder is not required to deliver to the attorney general a security identified by the holder as a non-freely transferable security. If the attorney general or holder determines that a security is no longer a non-freely transferable security, the holder shall deliver the security on the next regular date prescribed for delivery of securities under this chapter. The holder shall make a determination annually whether a security identified in a report filed under section 18 of this chapter as a non-freely transferable security is no longer a non-freely transferable security.
As added by P.L.141-2021, SEC.20. Amended by P.L.101-2023, SEC.5.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-30. Liability for Property Paid or Delivered in Good Faith

Sec. 30. (a) On payment or delivery of property to the attorney general under this chapter, the attorney general, as agent for the state, assumes custody and responsibility for safekeeping the property. A holder that pays or delivers property to the attorney general in good faith and substantially complies with sections 23 and 24 of this chapter is relieved of liability arising after with respect to payment or delivery of the property to the attorney general.
(b) The state must defend and indemnify a holder against liability on a claim against the holder resulting from the payment or delivery of property to the attorney general made in good faith and after the holder substantially complied with sections 23 and 24 of this chapter.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-32. Property Removed From Safe Deposit Box

Sec. 32. Property removed from a safe deposit box and delivered to the attorney general under this chapter is subject to the holder's right to reimbursement for the cost of opening the box and a lien or contract providing reimbursement to the holder for unpaid rent charges for the box. The attorney general shall reimburse the holder from the proceeds remaining after deducting the expense incurred by the attorney general in selling the property. If a claim is filed for property removed from a safe deposit box before the property is sold, the owner must provide proof that all unpaid rent and fees have been paid to the financial institution.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-32.5. United States Savings Bonds

Sec. 32.5. (a) Notwithstanding section 30(a) of this chapter, United States savings bonds that are presumed abandoned under this chapter escheat to the state subject to the provisions of this chapter. All property rights and legal title to United States savings bonds and proceeds from United States savings bonds vest solely in the state.
(b) If:
(1) a claim has not been made for a United States savings bond in accordance with the provisions of this chapter within one hundred eighty (180) days after the bond stops earning interest; and
(2) the attorney general brings an action in a court with competent jurisdiction;
the court shall enter a judgment for the state concerning the bond if the court is satisfied with the evidence that the attorney general has substantially complied with this chapter and the laws of the state.
(c) The attorney general shall:
(1) collect all United States savings bonds escheated to the state, including any proceeds from the bonds; and
(2) transfer all money received to the treasurer of state under section 42 of this chapter.
(d) A person who wishes to make a claim for a United States savings bond escheated to the state under this section may file a claim with the attorney general. Upon providing sufficient proof of the validity of the claim filed under this subsection, the attorney general may pay the claim, less any expenses and costs that have been incurred by the state in securing full title and ownership of the property by escheat.
(e) If payment has been made to a claimant under subsection (d), an action may not be brought or maintained against the state, or any officer of the state, for or on account of any acts taken by the attorney general under this section.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-33. Gain Realized or Accrued on Property

Sec. 33. (a) If property other than money is delivered to the attorney general, the owner is entitled to receive from the attorney general income or gain realized or accrued on the property before the property is sold.
(b) If the property was an interest bearing demand, savings, or time deposit, the attorney general shall pay interest at the lesser rate of the average commercial interest rate for similar interest bearing property, as determined by an appropriate index, or the rate the property earned while in the possession of the holder. Interest begins to accrue when the property is delivered to the attorney general and ends on the date on which the attorney general issues payment to the owner.
(c) If the property is property that is not an interest bearing demand, savings, or time deposit that has earned interest while in the custody of the attorney general, the attorney general shall pay interest at the state's internal rate of return for the state general fund. Interest begins to accrue on the later of:
(1) the date the property is delivered to the attorney general; or
(2) the date the property begins earning interest.
The accrual of interest ends on the date on which the attorney general issues payment to the owner.
(d) Interest on interest bearing property is not payable under this section for any period before July 1, 2021, unless authorized by IC 32-34-1-30.1 (before its repeal).
As added by P.L.141-2021, SEC.20. Amended by P.L.101-2023, SEC.6.