reglab/statecodes huggingface dataset:
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 5 - Notice to Apparent Owner of Property Presumed Abandoned › Section 501 - Notice to apparent owner by holder.

Effective 5/8/2018
67-4a-501.
Notice to apparent owner by holder.
(1) Subject to Subsection (2), the holder of property presumed abandoned shall send to the apparent owner notice by first-class United States mail that complies with Section 67-4a-502 in a format acceptable to the administrator not more than 180 days nor less than 60 days before filing the report under Section 67-4a-401 if:
(a) the holder has in the holder's records an address for the apparent owner that 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
(b) the value of the property is $50 or more.
(2) If an apparent owner has consented to receive electronic mail delivery from the holder, the holder shall send the notice described in Subsection (1) both by first-class United States mail to the apparent owner's last-known mailing address and by electronic mail, unless the holder believes that the apparent owner's electronic mail address is invalid.
Amended by Chapter 281, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 5 - Notice to Apparent Owner of Property Presumed Abandoned › Section 502 - Contents of notice by holder.

Effective 5/9/2017
67-4a-502.
Contents of notice by holder.
(1) Notice under Section 67-4a-501 shall contain a heading that reads substantially as follows:
"Notice. The State of Utah requires us to notify you that your property may be transferred to the custody of the state's unclaimed property administrator if you do not contact us before (insert date that is 30 days after the date of this notice)."
(2) The notice under Section 67-4a-501 shall:
(a) 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;
(b) state that the property will be turned over to the administrator;
(c) state that after the property is turned over to the administrator an apparent owner that seeks return of the property may file a claim with the administrator;
(d) state that property that is not legal tender of the United States may be sold by the administrator;
(e) provide instructions that the apparent owner shall follow to prevent the holder from reporting and paying or delivering the property to the administrator; and
(f) include the name, address, and electronic mail address or telephone number to contact the holder.
(3) The holder may supplement the required information by listing a website where apparent owners may obtain more information about how to prevent the holder from reporting and paying or delivering the property to the state treasurer.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 5 - Notice to Apparent Owner of Property Presumed Abandoned › Section 504 - Cooperation among state officers and agencies to locate apparent owner.

Effective 5/9/2017
67-4a-504.
Cooperation among state officers and agencies to locate apparent owner.
(1) Unless prohibited by law of this state other than this chapter, on request of the administrator, 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:
(a) make books and records available to the administrator; and
(b) cooperate with the administrator to determine the current address of an apparent owner of property held by the administrator under this chapter.
(2) At the administrator's discretion, the administrator may also enter into data sharing agreements to enable other governmental agencies to provide an additional notice to apparent owners of property held by the administrator.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 6 - Taking Custody of Property by Administrator › Section 601 - Definition of good faith.

Effective 5/9/2017
67-4a-601.
Definition of good faith.
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 administrator under this chapter; or
(2) made payment or delivery:
(a) in response to a demand by the administrator or administrator's agent; or
(b) under a guidance or ruling issued by the administrator that the holder reasonably believed required or permitted the property to be paid or delivered.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 6 - Taking Custody of Property by Administrator › Section 602 - Dormancy charge.

Effective 5/9/2017
67-4a-602.
Dormancy charge.
(1) A holder may deduct a dormancy charge from property required to be paid or delivered to the administrator if:
(a) 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
(b) the holder regularly imposes the charge and regularly does not reverse or otherwise cancel the charge.
(2) The amount of the deduction under Subsection (1) is limited to an amount that is not unconscionable considering all relevant factors, including:
(a) the marginal transactional costs incurred by the holder in maintaining the apparent owner's property; and
(b) any services received by the apparent owner.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 6 - Taking Custody of Property by Administrator › Section 603 - Payment or delivery of property to administrator.

Effective 5/9/2017
67-4a-603.
Payment or delivery of property to administrator.
(1)
(a) Except as otherwise provided in this section, on filing a report under Section 67-4a-401 the holder shall pay or deliver to the administrator the property described in the report.
(b) If property in a report under Section 67-4a-401 is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result from paying the deposit to the administrator at the time of the report, the date for payment of the property to the administrator is extended until a penalty or forfeiture no longer would result from payment, if the holder informs the administrator of the extended date.
(2) Tangible property in a safe-deposit box may not be delivered to the administrator until 120 days after filing the report under Section 67-4a-401.
(3) If property reported to the administrator under Section 67-4a-401 is a security, the administrator may:
(a) make an endorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer, the transfer agent, or the securities intermediary to transfer the security; or
(b) dispose of the security under Section 67-4a-702.
(4)
(a) If the holder of property reported to the administrator under Section 67-4a-401 is the issuer of a certificated security, the administrator may obtain a replacement certificate in physical or book-entry form under Section 70A-8-405.
(b) An indemnity bond is not required under Subsection (4)(a).
(5) The administrator shall establish procedures for the registration, issuance, method of delivery, transfer, and maintenance of securities delivered to the administrator by a holder.
(6) An issuer, holder, and transfer agent or other person acting in good faith under this section under instructions of and on behalf of the issuer or holder is not liable to the apparent owner for, and shall be indemnified by the state against, a claim arising with respect to property after the property has been delivered to the administrator.
(7)
(a) A holder is not required to deliver to the administrator a security identified by the holder as a nonfreely transferable security in a report filed under Section 67-4a-401.
(b) If the administrator or holder determines that a security is no longer a nonfreely transferable security, the holder shall deliver the security on the next regular date prescribed for delivery of securities under this chapter.
(c) The holder shall make a determination annually whether a security identified in a report filed under Section 67-4a-401 as a nonfreely transferable security is no longer a nonfreely transferable security.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 6 - Taking Custody of Property by Administrator › Section 604 - Effect of payment or delivery of property to administrator.

Effective 5/9/2017
67-4a-604.
Effect of payment or delivery of property to administrator.
(1) On payment or delivery of property to the administrator under this chapter, the administrator as agent for the state assumes custody and responsibility for safekeeping the property.
(2) A holder that pays or delivers property to the administrator in good faith and substantially complies with Sections 67-4a-501 and 67-4a-502 is relieved of all liability that thereafter may arise or be made in respect to the property to the extent of the value of the property so paid or delivered.
(3)
(a) In the event legal proceedings are instituted by any other state or states in any state or federal court with respect to unclaimed funds or abandoned property previously paid or delivered to the administrator, the holder shall give written notification to the administrator and the attorney general of this state of the proceedings within 10 days after service of process, or in the alternative at least 10 days before the return date or date on which an answer or similar pleading is due or any extension thereof secured by the holder.
(b) The attorney general may take such action as considered necessary or expedient to protect the interests of the state of Utah.
(c) The attorney general, by written notice before the return date or date on which an answer or similar pleading is due or any extension thereof secured by the holder, but in any event in reasonably sufficient time for the holder to comply with the directions received, shall either direct the holder:
(i) to actively defend in the proceedings; or
(ii) that no defense need be entered in the proceedings.
(d)
(i) If a direction is received from the attorney general that the holder need not make a defense under Subsection (3)(c)(ii), the holder is not precluded from entering a defense in the holder's own name.
(ii) If a defense is made by the holder on the holder's own initiative, the holder is not entitled to reimbursement for legal fees, costs, and other expenses as provided in this section for defenses made pursuant to the directions of the attorney general.
(e) If, after the holder has actively defended in the proceedings pursuant to a direction of the attorney general or has been notified in writing by the attorney general that no defense need be made with respect to the funds, a judgment is entered against the holder for any amount paid to the administrator under this chapter, the administrator shall, upon being furnished with proof of payment in satisfaction of the judgment, reimburse the holder the amount paid.
(f) The administrator shall also reimburse the holder for any legal fees, costs, and other directly related expenses incurred in legal proceedings undertaken pursuant to the direction of the attorney general.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 6 - Taking Custody of Property by Administrator › Section 606 - Property removed from safe-deposit box.

Effective 5/9/2017
67-4a-606.
Property removed from safe-deposit box.
(1) Property removed from a safe-deposit box and delivered to the administrator under this chapter is subject to:
(a) the holder's right to reimbursement for the cost of opening the box; and
(b) a lien or contract providing reimbursement to the holder for unpaid rent charges for the box.
(2) The administrator shall reimburse the holder from the proceeds remaining after deducting the expense incurred by the administrator in selling the property.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 6 - Taking Custody of Property by Administrator › Section 607 - Crediting income or gain to owner's account.

Effective 5/9/2017
67-4a-607.
Crediting income or gain to owner's account.
(1) If property other than money is delivered to the administrator, the owner is entitled to receive from the administrator income or gain realized or accrued on the property before the property is sold.
(2) Interest on money, including interest on interest bearing property, is not payable to an owner for periods where the property is in the possession of the state.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 6 - Taking Custody of Property by Administrator › Section 608 - Administrator's options as to custody.

Effective 5/9/2017
67-4a-608.
Administrator's options as to custody.
(1) The administrator may decline to take custody of property reported under Section 67-4a-401 if the administrator determines that:
(a) the property has a value less than the estimated expenses of notice and sale of the property; or
(b) taking custody of the property would be unlawful.
(2) A holder may pay or deliver property to the administrator before the property is presumed abandoned under this chapter if the holder:
(a) sends the apparent owner of the property notice required by Section 67-4a-501 and provides the administrator evidence of the holder's compliance with this Subsection (2);
(b) includes with the payment or delivery a report regarding the property conforming to Section 67-4a-402; and
(c) first obtains the administrator's consent in a record to accept payment or delivery.
(3)
(a) A holder's request for the administrator's consent under Subsection (2)(c) shall be in a record.
(b) If the administrator fails to respond to the request not later than 30 days after receipt of the request, the administrator is considered to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith.
(4) On payment or delivery of property under Subsection (2), the property is presumed abandoned.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 6 - Taking Custody of Property by Administrator › Section 609 - Disposition of property having no substantial value -- Immunity from liability.

Effective 5/9/2017
67-4a-609.
Disposition of property having no substantial value -- Immunity from liability.
(1) If the administrator takes custody of property delivered under this chapter 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 administrator may return the property to the holder or destroy or otherwise dispose of the property.
(2) An action or proceeding may not be commenced against the state, an agency of the state, the administrator, another officer, employee, or agent of the state, or a holder for or because of an act of the administrator under this section, except for intentional misconduct or malfeasance.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 6 - Taking Custody of Property by Administrator › Section 610 - Periods of limitation and repose.

Effective 5/9/2017
67-4a-610.
Periods of limitation and repose.
(1) Expiration, before, on, or after the effective date of this chapter, 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 under this chapter to file a report or pay or deliver property to the administrator.
(2) An action or proceeding may not be maintained by the administrator to enforce this chapter in regard to the reporting, delivery, or payment of property more than five years after the holder:
(a)
(i) filed a nonfraudlent report under Section 67-4a-401 with the administrator; and
(ii) specifically identified the property in the report filed with the administrator under Subsection (2)(a); or
(b) gave express notice to the administrator of a dispute regarding the property.
(3)
(a) In the absence of a report or other express notice under Subsection (2), the period of limitation is tolled.
(b) The period of limitation is also tolled by the filing of a report that is fraudulent.
(4) The administrator may not commence an action, proceeding, or examination regarding the duty of a holder under this chapter on a day that is more than 10 years after the day on which the duty arises.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 7 - Sale of Property by Administrator › Section 701 - Public sale of property.

Effective 5/9/2017
67-4a-701.
Public sale of property.
(1) Subject to Section 67-4a-702, not earlier than three years after receipt of property presumed abandoned, the administrator may sell the property.
(2) Before selling property under Subsection (1), the administrator shall give notice to the public of:
(a) the date of the sale; and
(b) a reasonable description of the property.
(3) A sale under Subsection (1) shall be to the highest bidder:
(a) at a public sale at a location in this state that the administrator determines to be the most favorable market for the property;
(b) on the Internet; or
(c) on another forum the administrator determines likely to yield the highest net proceeds of sale.
(4) The administrator may decline the highest bid at a sale under this section and reoffer the property for sale if the administrator determines the highest bid is insufficient.
(5) If a sale held under this section is to be conducted other than on the Internet, the administrator shall cause to be published at least one notice of the sale, at least two weeks but not more than five weeks before the sale, in a newspaper of general circulation in the county in which the property is to be sold.
(6)
(a) Property eligible for sale will not be sold if a claim has been filed with the administrator by an apparent owner, heir, or agent.
(b) Upon approval of a claim, the owner, heir, or agent may request the administrator to dispose of the property by sale and remit the net proceeds to the owner, heir, or agent.
(c) Upon disapproval of the claim, the administrator may dispose of the property by sale.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 7 - Sale of Property by Administrator › Section 702 - Disposal of securities.

Effective 5/9/2017
67-4a-702.
Disposal of securities.
(1) The administrator may not sell or otherwise liquidate a security until three years after the administrator receives the security and gives the apparent owner notice under Section 67-4a-503 that the administrator holds the security.
(2) The administrator may not sell a security listed on an established stock exchange for less than the price prevailing on the exchange at the time of sale.
(3) The administrator may sell a security not listed on an established exchange by any commercially reasonable method.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 7 - Sale of Property by Administrator › Section 703 - Recovery of securities or value by owner.

Effective 5/9/2017
67-4a-703.
Recovery of securities or value by owner.
(1) The administrator may not be held liable for any loss or gain in the value that the financial instrument would have obtained had the financial instrument been held instead of being sold.
(2) Upon approval of a claim, the owner, heir, or agent may request the administrator to dispose of the securities by sale and remit the net proceeds to the owner, heir, or agent.
(3) Upon disapproval of the claim, the administrator may dispose of the securities by sale.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 7 - Sale of Property by Administrator › Section 704 - Purchaser owns property after sale.

Effective 5/9/2017
67-4a-704.
Purchaser owns property after sale.
(1) A purchaser of property at a sale conducted by the administrator under this chapter takes the property free of all claims of the owner, a previous holder, or a person claiming through the owner or holder.
(2) The administrator shall execute documents necessary to complete the transfer of ownership to the purchaser.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 7 - Sale of Property by Administrator › Section 705 - Military medal or decoration.

Effective 5/9/2017
67-4a-705.
Military medal or decoration.
(1) The administrator may not sell a medal or decoration awarded for military service in the armed forces of the United States.
(2) The administrator, with the consent of the respective organization under Subsection (2)(a), agency under Subsection (2)(b), or entity under Subsection (2)(c), may deliver a medal or decoration described in Subsection (1), to be held in custody for the owner, to:
(a) a military veterans organization qualified under 26 U.S.C. Sec. 501(c)(19);
(b) the agency that awarded the medal or decoration; or
(c) a governmental entity.
(3) On delivery under Subsection (2), the administrator is not responsible for safekeeping the medal or decoration.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 8 - Administration of Property › Section 801 - Unclaimed Property Fund -- Deposit of funds by administrator.

Effective 5/4/2022
67-4a-801.
Unclaimed Property Fund -- Deposit of funds by administrator.
(1)
(a) There is created a custodial fund entitled the "Unclaimed Property Fund."
(b) Except as otherwise provided in this section, the administrator shall deposit all funds received under this chapter, including proceeds from the sale of property under Part 7, Sale of Property by Administrator, in the fund.
(c) The fund shall earn interest.
(2) The administrator shall:
(a) pay any legitimate claims or deductions authorized by this chapter from the fund;
(b) before the end of the fiscal year, estimate the amount of money from the fund that will ultimately be needed to be paid to claimants; and
(c) at the end of the fiscal year, transfer any amount in excess of that amount to the Uniform School Fund, except that unclaimed restitution for crime victims shall be transferred to the Crime Victim Reparations Fund.
(3) Before making any transfer to the Uniform School Fund, the administrator may deduct from the fund:
(a) amounts appropriated by the Legislature for administration of this chapter;
(b) any costs incurred in connection with the sale of abandoned property;
(c) costs of mailing and publication in connection with any abandoned property;
(d) reasonable service charges; and
(e) costs incurred in examining records of holders of property and in collecting the property from those holders.
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 8 - Administration of Property › Section 802 - Administrator to retain records of property.

Effective 5/9/2017
67-4a-802.
Administrator to retain records of property.
The administrator shall:
(1) record and retain the name and last known address of each person shown on a report filed under Section 67-4a-401 to be the apparent owner of property delivered to the administrator;
(2) record and retain the name and last known address of each insured or annuitant and beneficiary shown on the report;
(3) for 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) for each apparent owner listed in the report, record and retain the name of the holder that filed the report and the amount due or paid.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 8 - Administration of Property › Section 803 - Expenses and service charges of administrator.

Effective 5/9/2017
67-4a-803.
Expenses and service charges of administrator.
Before making a deposit of funds received under this chapter to the Uniform School Fund or the Crime Victim Reparations Fund, the administrator may deduct:
(1) expenses of disposition of property delivered to the administrator under this chapter;
(2) costs of mailing and publication in connection with property delivered to the administrator under this chapter;
(3) reasonable service charges; and
(4) expenses incurred in examining records of or collecting property from a putative holder or holder.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 8 - Administration of Property › Section 804 - Administrator holds property as custodian for owner.

Effective 5/9/2017
67-4a-804.
Administrator holds property as custodian for owner.
Property received by the administrator under this chapter is held in custody for the benefit of the owner and is not owned by the state.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 9 - Claim to Recover Property from Administrator › Section 901 - Claim of another state to recover property.

Effective 5/9/2017
67-4a-901.
Claim of another state to recover property.
(1) If the administrator knows that property held by the administrator under this chapter is subject to a superior claim of another state, the administrator shall:
(a) report and pay or deliver the property to the other state; or
(b) return the property to the holder so that the holder may pay or deliver the property to the other state.
(2) The administrator is not required to enter into an agreement to transfer property to the other state under Subsection (1).
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 9 - Claim to Recover Property from Administrator › Section 902 - When property subject to recovery by another state.

Effective 5/9/2017
67-4a-902.
When property subject to recovery by another state.
(1) Property held under this chapter by the administrator is subject to the right of another state to take custody of the property if:
(a)
(i) the property was paid or delivered to the administrator because the records of the holder did not reflect a last known address in the other state of the apparent owner; and
(ii)
(A) the other state establishes that the last known address of the apparent owner or other person entitled to the property was in the other state; or
(B) under the law of the other state, the property has become subject to a claim by the other state of abandonment;
(b) the records of the holder did not accurately identify the owner of the property, the last known address of the owner was in another state, and, under the law of the other state, the property has become subject to a claim by the other state of abandonment;
(c) the property was subject to the custody of the administrator of this state under Section 67-4a-305 and, under the law of the state of domicile of the holder, the property has become subject to a claim by the state of domicile of the holder of abandonment; or
(d) the property:
(i) is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered to the administrator under Section 67-4a-306; and
(ii) under the law of the other state, has become subject to a claim by the other state of abandonment.
(2) A claim by another state to recover property under this section shall be presented in a form prescribed by the administrator, unless the administrator waives presentation of the form.
(3)
(a) The administrator shall decide a claim under this section not later than 90 days after it is presented.
(b) If the administrator determines that the other state is entitled under Subsection (1) to custody of the property, the administrator shall allow the claim and pay or deliver the property to the other state.
(4) The administrator may require another state, before recovering property under this section, to agree to indemnify this state and its agents, officers, and employees against any liability on a claim to the property.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 9 - Claim to Recover Property from Administrator › Section 903 - Claim for property by person claiming to be owner.

Effective 5/9/2017
67-4a-903.
Claim for property by person claiming to be owner.
(1)
(a) A person claiming to be the owner of property held under this chapter by the administrator may file a claim for the property on a form prescribed by the administrator.
(b) The claimant shall verify the claim as to its completeness and accuracy.
(2) If the owner claiming the unclaimed property is a creditor the following apply:
(a)
(i) the exclusive remedy for satisfying a creditor's judgement is payment of a claim under the act; and
(ii) a writ of attachment, garnishment, or execution is prohibited on unclaimed property;
(b) a creditor may only receive the value of the creditor's judgment or the amount held by the administrator, whichever is less; and
(c) the administrator may waive the requirement in Subsection (1) and may pay or deliver property directly to a person if:
(i) the person receiving the property or payment is shown to be the apparent owner included on a report filed under Section 67-4a-401;
(ii) the administrator reasonably believes the person is entitled to receive the property or payment; and
(iii) the property has a value of less than $500.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 9 - Claim to Recover Property from Administrator › Section 904 - When administrator shall honor claim for property.

Effective 5/9/2017
67-4a-904.
When administrator shall honor claim for property.
(1) The administrator shall pay or deliver property to a claimant under Subsection 67-4a-903(1) if the administrator receives evidence sufficient to establish to the satisfaction of the administrator that the claimant is the owner of the property.
(2) Not later than 90 days after a claim is filed under Subsection 67-4a-903(1), the administrator shall allow or deny the claim and give the claimant notice in a record of the decision.
(3) If the claim is denied under Subsection (2):
(a) the administrator shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be allowed;
(b) the claimant may file an amended claim with the administrator or commence an action under Section 67-4a-906; and
(c) the administrator shall consider an amended claim filed under Subsection (3)(b) as an initial claim.
(4) If the administrator does not take action on a claim during the 90-day period following the filing of a claim under Subsection 67-4a-903(1), the claim is considered denied.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 9 - Claim to Recover Property from Administrator › Section 905 - Allowance of claim for property.

Effective 5/9/2017
67-4a-905.
Allowance of claim for property.
(1)
(a) The administrator shall pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property together with income or gain to which the owner is entitled under Section 67-4a-607.
(b) On request of the owner, the administrator may sell or liquidate a security and pay the net proceeds to the owner.
(2) Property held under this chapter by the administrator is subject to a claim for the payment of an enforceable debt the owner owes in this state for:
(a) child support arrearages, including child support collection costs and child support arrearages that are combined with maintenance;
(b) a civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or a final court judgment; or
(c) state taxes, penalties, and interest that have been determined to be delinquent or as to which notice has been recorded with the State Tax Commission.
(3)
(a) Before delivery or payment to an owner under Subsection (1) of property or payment to the owner of net proceeds of a sale of the property, the administrator first shall apply the property or net proceeds to a debt under Subsection (2) the administrator determines is owed by the owner.
(b) The administrator shall pay the amount to the appropriate state agency and notify the owner of the payment.
(4)
(a) The administrator may make periodic inquiries of state agencies in the absence of a claim filed under Section 67-4a-903 to determine whether an apparent owner included in the unclaimed property records of this state has enforceable debts described in Subsection (2).
(b) The administrator first shall apply the property or net proceeds of a sale of property held by the administrator to a debt under Subsection (2) of an apparent owner that appears in the records of the administrator and deliver the amount to the appropriate state agency.
(c) The administrator shall notify the apparent owner of the payment.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 9 - Claim to Recover Property from Administrator › Section 906 - Action by person whose claim is denied.

Effective 5/9/2017
67-4a-906.
Action by person whose claim is denied.
Not later than one year after filing a claim under Subsection 67-4a-903(1), the claimant may commence an action against the administrator in the district court to establish a claim that has been denied or considered denied under Subsection 67-4a-904(2).
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1001 - Verified report of property.

Effective 5/9/2017
67-4a-1001.
Verified report of property.
(1) If a person does not file a report required by Section 67-4a-401 or the administrator believes that a person may have filed an inaccurate, incomplete, or false report, the administrator may require the person to file a verified report in a form prescribed by the administrator.
(2) The verified report under Subsection (1) shall:
(a) state whether the person is holding property reportable under this chapter;
(b) describe property not previously reported or about which the administrator has inquired;
(c) specifically identify property described under Subsection (2)(b) about which there is a dispute whether it is reportable under this chapter; and
(d) state the amount or value of the property.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1002 - Examination of records to determine compliance.

Effective 5/9/2017
67-4a-1002.
Examination of records to determine compliance.
The administrator, at reasonable times and on reasonable notice, may:
(1) examine the records of a person, including examination of appropriate records in the possession of an agent of the person under examination, if the records are reasonably necessary to determine whether the person has complied with this chapter;
(2) issue an administrative subpoena requiring the person or agent of the person to make records available for examination; and
(3) bring an action seeking judicial enforcement of the subpoena.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1003 - Rules for conducting examination.

Effective 5/9/2017
67-4a-1003.
Rules for conducting examination.
(1)
(a) The administrator may adopt rules governing procedures and standards for an examination under Section 67-4a-1002.
(b) The rules may reference any standards concerning unclaimed property examinations promulgated by the National Association of Unclaimed Property Administrators.
(2) An examination under Section 67-4a-1002 shall be performed under rules adopted under Subsection (1).
(3) If a person subject to examination under Section 67-4a-1002 has filed the reports required under Section 67-4a-401 and Section 67-4a-1001 and has retained the records required by Section 67-4a-404, the following rules apply:
(a) the examination shall include a review of the person's records;
(b) the examination may not be based on an estimate unless the person expressly consents in a record to the use of an estimate; and
(c) the person conducting the examination shall consider the evidence presented in good faith by the person in preparing the findings of the examination under Section 67-4a-1007.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1004 - Records obtained in examination.

Effective 5/9/2017
67-4a-1004.
Records obtained in examination.
Records obtained and records, including work papers, compiled by the administrator in the course of conducting an examination under Section 67-4a-1002:
(1) are subject to the confidentiality and security provisions of Part 14, Confidentiality and Security of Information, and are not public records;
(2) may be used by the administrator in an action to collect property or otherwise enforce this chapter;
(3) may be used in a joint examination conducted with another state, the United States, a foreign country or subordinate unit of a foreign country, or any other governmental entity if the governmental entity conducting the examination is legally bound to maintain the confidentiality and security of information obtained from a person subject to examination in a manner substantially equivalent to Part 14, Confidentiality and Security of Information;
(4) shall be disclosed, on request, to the person that administers the unclaimed property law of another state for that state's use in circumstances equivalent to circumstances described in this part, if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to Part 14, Confidentiality and Security of Information;
(5) shall be produced by the administrator under an administrative or judicial subpoena or administrative or court order; and
(6) shall be produced by the administrator on request of the person subject to the examination in an administrative or judicial proceeding relating to the property.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1005 - Evidence of unpaid debt or undischarged obligation.

Effective 5/9/2017
67-4a-1005.
Evidence of unpaid debt or undischarged obligation.
(1) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.
(2) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obligation described in Subsection (1) or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.
(3) A putative holder may overcome prima facie evidence under Subsection (1) by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:
(a) issued as an unaccepted offer in settlement of an unliquidated amount;
(b) issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;
(c) issued to a party affiliated with the issuer;
(d) paid, satisfied, or discharged;
(e) issued in error;
(f) issued without consideration;
(g) issued but there was a failure of consideration;
(h) voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or
(i) issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.
(4) In asserting a defense under this section, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner or of custom and practice.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1006 - Failure of person examined to retain records.

Effective 5/9/2017
67-4a-1006.
Failure of person examined to retain records.
(1) If a person subject to examination under Section 67-4a-1002 does not retain the records required by Section 67-4a-404, the administrator may determine the value of property due using a reasonable method of estimation based on all information available to the administrator, including extrapolation and use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards adopted under Subsection 67-4a-1003(1) and in accordance with Subsection 67-4a-1003(2).
(2) A payment made based on estimation under this section is a penalty for failure to maintain the records required by Section 67-4a-404 and does not relieve a person from an obligation to report and deliver property to a state in which the holder is domiciled.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1007 - Report to person whose records were examined.

Effective 5/9/2017
67-4a-1007.
Report to person whose records were examined.
At the conclusion of an examination under Section 67-4a-1002, unless waived in writing by the person being examined, the administrator shall provide to the person whose records were examined a report that specifies:
(1) the work performed;
(2) the property types reviewed;
(3) the methodology of any estimation technique, extrapolation, or statistical sampling used in conducting the examination;
(4) each calculation showing the value of property determined to be due; and
(5) the findings of the person conducting the examination.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1008 - Informal conference.

Effective 5/9/2017
67-4a-1008.
Informal conference.
(1) If a person subject to examination under Section 67-4a-1002 believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may request an informal conference with the administrator.
(2)
(a) If a person in a record requests an informal conference with the administrator, the administrator shall hold the informal conference not later than 30 days after receiving the request.
(b) For good cause, and after notice in a record to the person requesting an informal conference, the administrator may extend the time for the holding of an informal conference.
(c) The administrator may hold the informal conference in person, by telephone, or by electronic means.
(3) If an informal conference is held under Subsection (2), not later than 30 days after the conference ends, the administrator shall provide a response to the person that requested the conference.
(4)
(a) The administrator may deny a request for an informal conference under this section if the administrator reasonably believes that the request was made in bad faith or primarily to delay the examination.
(b) If the administrator denies a request for an informal conference, the denial shall be in a record provided to the person requesting the informal conference.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1009 - Administrator's contract with another to conduct examination.

Effective 5/9/2017
67-4a-1009.
Administrator's contract with another to conduct examination.
(1) The administrator may contract with a person to conduct an examination under this chapter.
(2) If the administrator contracts with a person under Subsection (1):
(a) the contract may provide for compensation of the person based on a fixed fee, hourly fee, or contingent fee; and
(b) a contingent fee arrangement may not provide for a payment that exceeds 15% of the amount or value of property paid or delivered as a result of the examination.
(3) A contract under Subsection (1) is a public record under Section 63G-2-301.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 10 - Verified Report of Property and Examination of Records › Section 1010 - Report by administrator to state official.

Effective 5/9/2017
67-4a-1010.
Report by administrator to state official.
(1) Not later than three months after the end of the fiscal year, the administrator shall compile and submit a report to the treasurer, president of the Senate, and speaker of the House.
(2) The report shall contain the following information about property presumed abandoned for the preceding fiscal year for the state:
(a) the total amount and value of all property paid or delivered under this chapter to the administrator, separated into:
(i) the part voluntarily paid or delivered; and
(ii) the part paid or delivered as a result of an examination under Section 67-4a-1002;
(b) the total amount and value of all property paid or delivered by the administrator to persons that made claims for property held by the administrator;
(c) the total amount expended to provide notice to apparent owners under Section 67-4a-503; and
(d) other information the administrator believes would be useful or informative.
Enacted by Chapter 371, 2017 General Session