reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-119 - Custody of property presumed abandoned if holder domiciled in state

(a)
Except as otherwise provided in subsection (b), §
66-29-117
, or §
66-29-118
, the treasurer may take custody of property presumed abandoned, whether located in this state, another state, or a foreign country, if the holder is domiciled in this state, or is the state or a governmental subdivision, agency, or instrumentality of this state, and:
(1)
Another state or foreign country is not entitled to the property because there is no last known address of the apparent owner or other person entitled to the property in the records of the holder; or
(2)
The state or foreign country in which the last known address of the apparent owner or other person entitled to the property is located does not provide for custodial taking of the property.
(b)
The property is not subject to the custody of the treasurer under subsection (a) if:
(1)
The property is specifically exempt from custodial taking under the law of the state or foreign country in which the last known address of the apparent owner or other person entitled to the property is located; or
(2)
The property is specifically exempt from custodial taking under the law of this state.
(c)
For the purposes of this section, if the holder's state of domicile has changed since the time the property was presumed abandoned, the holder's state of domicile is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 19; 1979, ch. 226, § 22; 1980, ch. 448, § 2; T.C.A., § 64-2919; Acts 1986, ch. 539, § 19; 1993, ch. 195, § 18; 2003, ch. 101, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-120 - Custody of property presumed abandoned if transaction took place in this state

Except as otherwise provided in §§
66-29-117
- 66-29-119, the treasurer may take custody of property presumed abandoned, whether located in this or another state, if:
(1)
The transaction involving the property occurred in this state;
(2)
The holder is domiciled in a state that does not provide for the custodial taking of the property; provided, 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 treasurer; 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; provided, that if the property is specifically exempt from custodial taking under the law of the state in which the last known address is located, the property is not subject to the custody of the treasurer.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 20; 1979, ch. 226, § 22; T.C.A., § 64-2920.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-121 - Custody of traveler's check, money order, or similar instrument presumed abandoned

The treasurer 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
-
2503
.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 937,s 2, eff. 4/27/2016.
Acts 1978, ch. 561, § 21; T.C.A., § 64-2921; Acts 1985, ch. 401, § 2; 1989, ch. 424, § 2; 1995, ch. 445, §§ 2, 3; 1998, ch. 1010, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-122 - Burden of proof to establish treasurer's right to custody

When the treasurer asserts a right to custody of unclaimed property, the treasurer 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 treasurer.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1980, ch. 448, § 4; T.C.A., § 64-2922; Acts 1987, ch. 43, § 1; 1988, ch. 485, § 1; 2005, ch. 141, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-123 - Report required by holder

(a)
A holder of property presumed abandoned and subject to the custody of the treasurer shall report in a record to the treasurer concerning the property. The report must be filed through an electronic medium in a manner prescribed by the treasurer. The treasurer may waive the requirement to file the report through an electronic medium if the holder demonstrates in writing that strict compliance would be too costly or oppressive to the holder. In such event, the holder shall file the report in such alternate medium as the treasurer deems acceptable.
(b)
A holder may contract with a third party to create the report required under subsection (a).
(c)
Regardless of whether a holder contracts with a third party under subsection (b), the holder is responsible:
(1)
To the treasurer for the complete, accurate, and timely reporting of property presumed abandoned; and
(2)
For paying or delivering to the treasurer property described in the report filed under this section.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 937,s 3, eff. 4/27/2016.
Acts 1978, ch. 561, §§ 22, 23; Acts 1980, ch. 448, § 4; T.C.A., § 64-2922; T.C.A., § 64-2923; Acts 1985, ch. 401, § 3; 2003, ch. 101, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-124 - Content of report

(a)
The report required under §
66-29-123
must:
(1)
Be signed by or on behalf of the holder and verified as to its completeness and accuracy;
(2)
If filed electronically, be in a secure format approved by the treasurer;
(3)
Describe the property;
(4)
Except for the report of a traveler's check, money order, or similar instrument, contain, if known or readily ascertainable, the name, last known address, date of birth, and social security number or taxpayer identification number of the apparent owner of property with a value of twenty-five dollars ($25.00) or more;
(5)
In the case of an amount held or owing under a life or endowment insurance policy or annuity contract, contain the full name and last known address of the insured, annuitant, or other apparent owner of the policy or contract and of the beneficiary;
(6)
In the case of property held in or removed from a safe-deposit box, indicate the contents of the property and the name and last known address of the apparent owner;
(7)
Contain the commencement date for determining abandonment under this part;
(8)
State that the holder has complied with the notice requirements of §
66-29-128
;
(9)
Identify property that is a non-freely transferable security, and explain why it is a non-freely transferable security; and
(10)
Contain any other information the treasurer may require by rule.
(b)
A report under §
66-29-123
may include, in the aggregate, items valued at less than twenty-five dollars ($25.00) per item. If the report includes items, in the aggregate, valued at less than twenty-five dollars ($25.00) per item, the treasurer shall not require the holder to provide the name and address of an apparent owner of an item unless the information is necessary to verify or process a claim in progress by the apparent owner.
(c)
A report under §
66-29-123
may include confidential information as described in §
66-29-178
about the apparent owner or the apparent owner's property to the extent not otherwise prohibited by federal law.
(d)
If a holder has changed its name while holding property presumed abandoned or is a successor to another person who previously held the property for the apparent owner, the holder shall include in the report under §
66-29-123
its former name or the name of the previous holder, if any, and the last known name and address of each previous holder of the property.
Amended by 2021 Tenn. Acts, ch. 258, Secs.s2, s3 eff. 4/28/2021.
Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Acts 1984, ch. 544, § 12.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-125 - Filing of report

(a)
For the property held for the period of January 1, 2017, through December 31, 2017, the report under §
66-29-123
must be filed before May 1, 2018. For property held for the period of January 1, 2018, through June 30, 2019, the report under §
66-29-123
must be filed before November 1, 2019. Thereafter, the report must be filed before November 1 of each year and must cover the twelve (12) months preceding July 1 of that year.
(b)
Before the date for filing the report under §
66-29-123
, the holder of property presumed abandoned may request the treasurer to extend the time for filing. The treasurer may grant an extension for good cause. If the extension is granted, the holder may pay or make a partial payment of the amount the holder estimates ultimately will be due. The payment or partial payment terminates accrual of interest on the amount paid.
Amended by 2018 Tenn. Acts, ch. 822,s 1, eff. 4/24/2018.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 24; T.C.A., §§ 64-2924, 66-29-124; Acts 2001, ch. 231, § 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-126 - Retention of records by holder

A holder required to file a report under §
66-29-123
shall 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 prescribed by rule of the treasurer. A 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, and on which the holder is directly liable a record of the instruments while they remain outstanding indicating the state and date of issuance.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 2010, ch. 791, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-127 - Property reportable and payable or deliverable absent owner demand

Property is reportable and payable or deliverable under this part even if the owner fails to make demand or present an instrument or document otherwise required to obtain payment.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 26; 1980, ch. 448, § 3; T.C.A., §§ 64-2926, 66-29-126; Acts 1987, ch. 43, § 2; 2003, ch. 248, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-128 - Agreements to ascertain whereabouts of apparent owner - Notice to apparent owner by holder

(a)
Any holder of property not yet presumed abandoned under this part may enter into agreements as may be necessary to ascertain the whereabouts of the apparent owner; provided, that costs associated with such agreements must not be deducted from the property or charged to the owner.
(b)
Except as otherwise provided in subsection (c), the holder of property presumed abandoned shall send notice that complies with §
66-29-129
to the apparent owner in a form approved by the treasurer, by first-class United States mail, not more than one hundred eighty (180) days, nor less than sixty (60) days, before filing the report under §
66-29-123
if:
(1)
The holder has in its records an address for the apparent owner sufficient to direct the delivery of first-class United States mail to the apparent owner, which the holder's records do not disclose to be invalid; and
(2)
The value of the property is fifty dollars ($50.00) or more.
(c)
If an apparent owner has consented to receive electronic mail communications from the holder, the holder shall send the notice described in subsection (a) both by first-class United States mail to the apparent owner's last known mailing address and by electronic mail, unless the holder has reason to believe that the apparent owner's electronic mail address is not valid.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 27; T.C.A., §§ 64-2927, 66-29-127.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-129 - Contents of notice by holder

(a)
The notice under §
66-29-128
must contain a heading that reads substantially as follows: "Notice: The State of Tennessee requires us to notify you that your property may be transferred to the custody of the treasurer if you do not contact us within thirty (30) days after the date of this notice."
(b)
The notice under §
66-29-128
must:
(1)
State that the property will be turned over to the treasurer;
(2)
State that, after the property is turned over to the treasurer, an apparent owner that seeks return of the property must file a claim with the treasurer;
(3)
Identify any owners of the property;
(4)
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;
(5)
State that property which is not legal tender of the United States may be sold by the treasurer; and
(6)
Provide instructions that the apparent owner must follow to prevent the holder from reporting and paying or delivering the property to the treasurer.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 28; T.C.A., §§ 64-2928, 66-29-128; Acts 1991, ch. 194, § 3; 2001, ch. 231, §§ 6, 7; 2003, ch. 248, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-130 - Notice by treasurer

(a)
The treasurer shall give notice to an apparent owner that property presumed abandoned and that appears to be owned by the apparent owner is held by the treasurer under this part. The treasurer may prescribe by rule a minimum dollar value for items for which notice is sent.
(b)
In providing notice under subsection (a), the treasurer shall:
(1)
Except as otherwise provided in subdivision (b)(2), send written notice by first-class United States mail to each apparent owner of property held by the treasurer, unless the treasurer determines that a mailing by first-class United States mail would not be received by the apparent owner, and, in the case of a security held in an account for which the apparent owner consented to receiving electronic mail from the holder, send notice by electronic mail rather than first-class United States mail if the electronic mail address of the apparent owner is known to the treasurer;
(2)
Send the notice to the apparent owner's electronic mail address if the treasurer does not have a valid United States mail address for an apparent owner, but has an electronic mail address that the treasurer does not know to be invalid;
(3)
Publish every six (6) months in at least one newspaper of general circulation in this state notice of property held by the treasurer that must include:
(A)
The total value of property received by the treasurer during the immediately preceding six (6) months, as indicated from the reports filed under §
66-29-123
;
(B)
The total value of claims paid by the treasurer during the immediately preceding six (6) months;
(C)
The address of the unclaimed property website maintained by the treasurer;
(D)
A telephone number and electronic mail address to contact the treasurer to inquire about or claim property; and
(E)
A statement that a person may access the unclaimed property website of the treasurer through a computer to search for unclaimed property and that a computer may be available as a service to the public at a local public library; and
(4)
Maintain a website or database, accessible by the public, that is electronically searchable and that contains the names reported to the treasurer of all apparent owners for whom property is being held by the treasurer; provided, that the treasurer may prescribe by rule a minimum dollar value for property listed on the website.
(c)
The website or database maintained under subdivision (b)(4) must include instructions for filing with the treasurer a claim to property.
(d)
In addition to giving notice under subsection (b), the treasurer may use printed publication, telecommunication, the internet, or other media to inform the public of the existence of unclaimed property held by the treasurer.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 29; T.C.A., §§ 64-2929, 66-29-129.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-131 - Cooperation among state officers and agencies to locate apparent owner

Unless otherwise prohibited by any law of this state, on request of the treasurer, each officer, agency, board, commission, division, and department of this 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 treasurer and cooperate with the treasurer to determine the current address of an apparent owner of property held by the treasurer under this part.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 30; T.C.A., §§ 64-2930, 66-29-130.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-132 - Good faith payment or delivery of property by holder

Under this part, 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 treasurer under this part; or
(2)
Made payment or delivery:
(A)
In response to a demand by the treasurer or treasurer's agent; or
(B)
Pursuant to guidance or a ruling issued by the treasurer that the holder reasonably believed required or permitted the property to be paid or delivered.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 31; 1980, ch. 606, §§ 1, 3; T.C.A., §§ 64-2931, 66-29-131; Acts 2010, ch. 756, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-133 - Dormancy charge

(a)
A holder may deduct a dormancy charge from property required to be paid or delivered to the treasurer if:
(1)
A valid and enforceable contract between a holder and an 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 does not regularly 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.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 33; 1980, ch. 606, § 2; T.C.A., §§ 64-2932, 66-29-132.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-135 - Effect of payment or delivery of property to treasurer

On payment or delivery of property to the treasurer under this part, the treasurer, as agent for the state, assumes custody and responsibility for the safekeeping of the property. A holder that pays or delivers property to the treasurer in good faith and who has complied with §§
66-29-128
and
66-29-129
is relieved of liability to the extent of the value of the property so paid or delivered for any claim which then exists or which thereafter may arise with respect to the property and is indemnified against claims in accordance with this section.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1993, ch. 195, § 10; 2001, ch. 231, § 8; 2003, ch. 78, §§ 1, 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-136 - Recovery of property by holder from treasurer

(a)
A holder that pays money to the treasurer under this part may claim reimbursement from the treasurer of the amount paid if the holder:
(1)
Paid the money in error; or
(2)
After paying the money to the treasurer, paid the money to a person the holder reasonably believed to be entitled to the money.
(b)
If a claim for reimbursement under subsection (a) is made for a payment made on a negotiable instrument, including a traveler's check, money order, or similar instrument, the holder shall submit proof that the instrument was presented and that payment was made to a person the holder reasonably believed to be entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order.
(c)
If a holder is reimbursed by the treasurer under subdivision (a)(2), the holder may also submit a claim to recover from the treasurer dividends, interest, or other increments under §
66-29-137
that would have been paid to the owner, if the money had been claimed from the treasurer by the owner to the extent that such dividends, interest, or increments were paid by the holder to the owner.
(d)
A holder that delivers property other than money to the treasurer under this part may claim the property in the possession of the treasurer by filing a claim under §
66-29-152
together with evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the treasurer in error.
(e)
The treasurer may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this section.
(f)
A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.
(g)
Not later than ninety (90) days after receiving a claim from a holder under subsection (a) or (c), the treasurer shall determine whether to approve or deny the claim and notify the holder of the treasurer's determination.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1993, ch. 195, § 10; 2001, ch. 157, § 6.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-137 - Income or gain realized or accrued on property

If property other than money is delivered to the treasurer, the owner is entitled to receive from the treasurer income or gain realized or accrued on the property before the property is sold, including, if applicable, dividends, interest, or other increments. If the property was an interest-bearing demand, savings, or time deposit, the treasurer shall pay interest annually at the average annual rate paid on funds in the state pooled investment fund established under §
9-4-603
. Interest begins to accrue when the property is delivered to the treasurer and ends on the date on which payment is made to the owner.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1997, ch. 297, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-138 - Treasurer's options as to custody

(a)
The treasurer may decline to take custody of property reported under §
66-29-123
if the treasurer determines that:
(1)
The property has a value less than the estimated expenses of notice and sale of the property; or
(2)
Taking custody of the property would be unlawful.
(b)
A holder may pay or deliver property to the treasurer before the property is presumed abandoned under this part if the holder:
(1)
Sends the apparent owner of the property any notice required by §
66-29-128
and provides the treasurer evidence of the holder's compliance with this subdivision (b)(1);
(2)
Includes with the payment or delivery a report regarding the property in accordance with §
66-29-124
; and
(3)
First obtains the treasurer's consent in a record to accept payment or delivery.
(c)
The holder must request the treasurer's consent under subdivision (b)(3) in a record. If the treasurer fails to respond to the request not later than thirty (30) calendar days after receipt of the request, the treasurer is deemed to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith.
(d)
Upon payment or delivery of the property under subsection (b), the property is presumed abandoned.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 2003, ch. 248, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-139 - Disposition of property having no substantial value

If the treasurer takes custody of property delivered under this part and later determines that the property has no substantial commercial value or that the cost of disposing of the property will exceed the value of the property, the treasurer may return the property to the holder or destroy or otherwise dispose of the property. No action or proceeding may be brought or maintained against the state or any officer thereof for or on account of any action taken by the treasurer pursuant to this part with respect to such property.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-140 - Periods of limitation and repose

(a)
Expiration, before, on, or after July 1, 2017, of a period of limitation on an owner's right to receive or recover property, whether specified by contract, statute, or court order, does not prevent the property from being presumed abandoned or affect the duty of a holder to file a report or pay or deliver property to the treasurer under this part.
(b)
The treasurer shall not commence an action, proceeding, or examination with respect to a duty of a holder under this part more than ten (10) years after the duty arose.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-141 - Public sale of property

(a)
Except as otherwise provided in §
66-29-154
, not earlier than three (3) years after receipt of property that has been presumed abandoned, the treasurer may sell the property.
(b)
A sale under subsection (a) must be preceded by notice to the public of:
(1)
The date of the sale; and
(2)
A reasonable description of the property.
(c)
A sale under subsection (a) must be to the highest bidder:
(1)
At a public sale at a location in this state which the treasurer determines to be the most favorable market for the property; or
(2)
On the internet or another forum the treasurer determines is likely to yield the highest net proceeds of sale.
(d)
The treasurer may decline the highest bid at a sale under subsection (a) and reoffer the property for sale if the treasurer determines the highest bid is insufficient.
(e)
If a sale held under this section is to be conducted other than by electronic means, the treasurer must publish not less than one (1) notice of the sale at least three (3) weeks, but not more than five (5) weeks, before the sale, in a newspaper of general circulation in the county in which the property is to be sold.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-142 - Disposal of securities

(a)
The treasurer shall sell or otherwise liquidate a security no sooner than thirty-two (32) months, but no later than thirty-six (36) months, after receiving the security and giving the apparent owner notice under §
66-29-130(b)(1) and (2)
that the treasurer holds the security.
(b)
The treasurer shall not sell a security listed on an established stock exchange for less than the prevailing price on the exchange at the time of sale. The treasurer may sell a security not listed on an established exchange by any commercially reasonable method.
(c)
(1)
As used in this subsection, "de minimus value" means that the market value of a security held for any one (1) or more than one (1) person is less than five hundred dollars ($500) in the aggregate.
(2)
Notwithstanding the timeframe for the liquidation of a security provided in subsection (a), if the state treasurer determines a security to have a de minimus value, the treasurer may sell or otherwise liquidate a security no sooner than eight (8) months, but no later than twelve (12) months, after receiving the security and giving the apparent owner notice under §
66-29-130(b)(1) and (2)
that the treasurer holds the security.
(d)
Notwithstanding subsection (a), the state treasurer may sell a security immediately after the treasurer takes custody of the security if the records of the holder do not reflect the identity of the person entitled to the security.
Amended by 2023 Tenn. Acts, ch. 191, s 1, eff. 4/24/2023.
Amended by 2020 Tenn. Acts, ch. 718, s 1, eff. 6/22/2020.
Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-143 - Reserved

Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-144 - Purchaser's ownership of property

A purchaser of property at a sale conducted by the treasurer under this part takes the property free of all claims of the owner, a previous holder, or a person making a claim through the owner or holder. The treasurer shall execute documents necessary to complete the transfer of ownership to the purchaser.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-145 - Military medal or decoration

(a)
The treasurer, upon receiving military medals, shall hold and maintain the military medals until the original owner or the owner's respective heirs or beneficiaries can be identified and the military medal returned.
(b)
The treasurer shall not sell a military medal.
(c)
The treasurer, with the consent of the respective organization under subdivision (c)(1), agency under subdivision (c)(2), or entity under subdivision (c)(3), may deliver a military medal held under subsection (a) to be held in custody for the owner, to:
(1)
A military veteran's organization qualified under
26 U.S.C. § 501(c)(19)
;
(2)
The agency that awarded the medal or decoration; or
(3)
A governmental entity.
(d)
Upon delivery under subsection (c), the treasurer is no longer responsible for safekeeping the medal or decoration.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-147 - Retention of records by treasurer

The treasurer shall:
(1)
Record and retain the name and last known address of each person shown on a report filed under §
66-29-123
to be the apparent owner of the property delivered to the treasurer;
(2)
Record and retain the name and last known address of each insured or annuitant, and beneficiary, shown on the report;
(3)
With respect to each policy of insurance or annuity contract listed in the report of an insurance company, record and retain the policy or account number, the name of the company, and the amount due or paid; and
(4)
With respect to each apparent owner listed in the report, record and retain the name of the holder who filed the report and the amount due or paid.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-148 - Deduction of administrative costs before deposit of funds

Before making a deposit of funds received under this part to the general fund of the state, the treasurer may deduct administrative costs, including, but not limited to:
(1)
Expenses of custody and disposition of abandoned property;
(2)
Costs of mailing, publication, and any other outreach efforts in connection with abandoned property;
(3)
Reasonable service charges; and
(4)
Expenses incurred in examining records of a putative holder of property and collecting property from a putative holder determined by the treasurer to hold property required to be delivered to the treasurer under this part.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-149 - Treasurer as custodian of property for owner

Property received by the treasurer under this part is held in custody for the benefit of the owner and is not owned by the state.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-150 - Superior claim of another state

(a)
If the treasurer knows that property held by the treasurer under this part is subject to a superior claim of another state, the treasurer shall:
(1)
Report, and pay or deliver, the property to the other state; or
(2)
Return the property to the holder so that the holder may pay or deliver the property to the other state.
(b)
The treasurer is not required to enter into a formal agreement to transfer the property to another state under subsection (a).
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-151 - When property subject to recovery by another state

(a)
Property held by the treasurer under this part is subject to the right of another state to take custody of the property if:
(1)
The property was paid or delivered to the treasurer because the records of the holder did not reflect a last known address of the apparent owner in another state, and:
(A)
That state establishes that the last known address of the apparent owner or other person entitled to the property was in that state; or
(B)
Under the law of that state, the property has become subject to a claim of abandonment by that state;
(2)
The records of the holder did not accurately identify the apparent owner of the property, the last known address of the owner was in another state, and, under the law of that state, the property has become subject to a claim of abandonment in that state;
(3)
The property was subject to the custody of the treasurer of this state under §
66-29-119
and, under the law of the state of domicile of the holder, the property has become subject to a claim of abandonment by the state of domicile of the holder; or
(4)
The property:
(A)
Is a sum payable on a traveler's check, money order, or similar instrument that was purchased in another state and delivered to the treasurer under §
66-29-120
; and
(B)
Under the law of that state, has become subject to a claim of abandonment in that state.
(b)
A claim by another state to recover property under this section must be presented in a form prescribed by the treasurer unless the treasurer waives presentation of the form.
(c)
The treasurer shall decide whether a claim under this section is valid not later than ninety (90) days after it is presented. If the treasurer determines that another state is entitled under subsection (a) to custody of the property, the treasurer shall approve the claim and pay or deliver the property to that state.
(d)
The treasurer may require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to property.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1989, ch. 424, § 1; 1995, ch. 445, §§ 1, 4; 1996, ch. 1079, § 146; 1997, ch. 353, §§ 1-3; 1997, ch. 536, § 1; 1998, ch. 1010, § 1; 2007, ch. 291, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-152 - Claim of property by person claiming to be owner

(a)
A person claiming to be the owner of property held by the treasurer may file a claim for the property in the format prescribed by the treasurer. The claimant shall verify the claim as to its completeness and accuracy.
(b)
The treasurer may waive the requirement in subsection (a) to file a claim and pay or deliver property directly to any person if:
(1)
The person receiving the property or payment is shown to be the same person as the apparent owner included on a report filed under §
66-29-123
; and
(2)
The treasurer reasonably believes the person is entitled to receive the property or payment.
Amended by 2021 Tenn. Acts, ch. 258, s 4, eff. 4/28/2021.
Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Acts 1991, ch. 194, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-153 - Approval or denial of claim

(a)
The treasurer shall pay or deliver property to a claimant under §
66-29-152
:
(1)
If the treasurer receives evidence sufficient to establish to the reasonable satisfaction of the treasurer that the claimant is the owner of the property; or
(2)
Upon order of a court in accordance with §
66-29-155
.
(b)
Not later than ninety (90) days after a claim is filed under §
66-29-152
, the treasurer shall approve or deny the claim and give the claimant notice of the decision in a record. If the claim is denied:
(1)
The treasurer shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be approved;
(2)
The claimant may file an amended claim with the treasurer or commence an action under §
66-29-155
; and
(3)
The treasurer shall treat an amended claim as an initial claim filed under §
66-29-152
.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1991, ch. 222, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-154 - Payment or delivery of property or proceeds of sale of property-Claim for debt owed by owner to state

(a)
Not later than thirty (30) days after a claim is approved by the treasurer under §
66-29-153
, the treasurer shall pay or deliver to the owner the property or the net proceeds from a sale of the property, together with dividends, interest, or other increments to which the owner is entitled under §
66-29-137
. On request of the owner, the treasurer may sell or liquidate a security and pay the net proceeds to the owner, regardless of whether the security has been held by the treasurer for less than thirty-two (32) months or the treasurer has not complied with the notice requirements under §
66-29-142
.
(b)
Property held by the treasurer is subject to a claim for the payment of an enforceable debt that the owner owes in this state for:
(1)
Child support arrearages, including child support collection costs and child support arrearages that are combined with amounts for maintenance;
(2)
A civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or court; or
(3)
State and local taxes, penalties, and interest that have been determined to be delinquent, or for which notice has been recorded with the applicable taxing authority.
(c)
The treasurer may make periodic inquiries with state and local agencies in the absence of a claim filed under §
66-29-152
to determine whether apparent owners included in the unclaimed property records of this state have enforceable debts described in subsection (b). The treasurer shall apply the property or net proceeds from a sale of property held by the treasurer to a debt under subsection (b) of an apparent owner who appears in the records of the treasurer and deliver the amount to the appropriate state or local agency. The treasurer shall notify the apparent owner of the payment.
(d)
Before delivery or payment to an owner under subsection (a) of property or net proceeds from a sale of property, the treasurer shall apply the property or net proceeds to a debt under subsection (b) that the treasurer has determined is owed by the owner. The treasurer shall pay the amount to the appropriate state or local agency and notify the owner of the payment.
Amended by 2020 Tenn. Acts, ch. 718, s 2, eff. 6/22/2020.
Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Acts 2008 , ch. 937, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-155 - Action by person whose claim is denied or not acted upon

Not later than one (1) year after filing a claim with the treasurer under §
66-29-152
, the claimant may commence an action against the treasurer in the chancery court for Davidson County to appeal a claim that has been denied or upon which the treasurer has not acted. A copy of the complaint must be served on the treasurer and the attorney general and reporter. The suit must be tried without a jury. If the chancery court rules against the treasurer, the treasurer shall make payment in accordance with §
66-29-153
. Any aggrieved party may appeal the decision.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 2011, ch. 285, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-156 - Verified report of property

If a person does not file a report required by §
66-29-123
, or the treasurer believes that a person may have filed an inaccurate, incomplete, or false report, the treasurer may require the person to file a verified report on a form prescribed by the treasurer. The report must:
(1)
State whether the person is holding property reportable under this part;
(2)
Describe property not previously reported or about which the treasurer has enquired; and
(3)
Specifically identify property described under subdivision (2) for which there is a dispute as to whether it is reportable under this part and state the amount or value of the property.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-157 - Examination of records to determine compliance-Administrative subpoena

The treasurer, at reasonable times and upon providing reasonable notice, may:
(1)
Examine the records of a person to determine whether the person has complied with this part, including appropriate records in the possession of an agent of the person under examination, if such records are reasonably necessary to determine whether the person under examination has complied with this part;
(2)
Issue an administrative subpoena requiring a person or an agent of the person to make records available for examination; and
(3)
Bring an action seeking judicial enforcement of the subpoena.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.