reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.0801 - Deposit of funds by administrator.

177.0801
Deposit of funds by administrator.
(1)
Except as provided in sub. (2), the administrator shall deposit in the common school fund all funds received under this chapter, including proceeds from the sale of property under subch. VII and amounts received from the redemption of U.S. savings bonds under s. 177.1504.
(2)
The administrator shall deposit in the general fund an amount that the administrator reasonably estimates is sufficient to pay claims allowed under this chapter and administrative expenses. For purposes of this subsection, “administrative expenses” means any of the following:
(a)
Expenses for the disposition of property delivered to the administrator.
(b)
Costs of mailing and publication in connection with property delivered to the administrator.
(c)
Reasonable service charges.
(d)
Expenses incurred in examining records of or collecting property from a putative holder or holder.
(e)
Any costs in connection with the sale of abandoned property.
(f)
Any costs in connection with the action under s. 177.1504 (1) and the redemption of a U.S. savings bond under s. 177.1504 (5).
(g)
Salaries of the employees of the office of the state treasurer and the administrator that are attributable to the administration of this chapter.
(h)
Any costs in connection with the payment of interest under s. 177.0607.
History:  2021 a. 87, 240.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.0802 - Administrator to retain records of property.

177.0802
Administrator to retain records of property.
The administrator shall do all of the following:
(1)
Record the name, last-known address, social security number or taxpayer identification number, and date of birth of each person shown on a report filed under s. 177.0401 to be the apparent owner of property delivered to the administrator.
(2)
Record the name, last-known address, social security number or taxpayer identification number, and date of birth 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 the policy or account number, the name of the company, and the amount due or paid.
(4)
For each apparent owner listed in the report, record the name of the holder that filed the report and the amount due or paid.
(5)
For each U.S. savings bond, record the name and last-known address of each owner of the U.S. savings bond and the issue date, face amount, and serial number of the U.S. savings bond.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.0901 - Claim of another state to recover property.

177.0901
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 report and pay or deliver the property to the other state or return the property to the holder so that the holder may pay or deliver the property to the other state.
(2)
The administrator may enter into an agreement to transfer property to the other state under sub. (1).
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.0902 - When property subject to recovery by another state.

177.0902
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 any of the following applies:
(a)
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 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, 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 s. 177.0305 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.
(d)
The property 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 s. 177.0306 and, 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 must be presented in a form prescribed by the administrator, unless the administrator waives presentation of the form.
(3)
The administrator shall make a decision regarding each claim under this section no later than 90 days after the claim is presented to the administrator. If the administrator determines that the other state is entitled under sub. (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.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.0903 - Claim for property by person claiming to be owner.

177.0903
Claim for property by person claiming to be owner.
(1)
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. The claimant shall verify the claim as to its completeness and accuracy.
(2)
The administrator may waive the requirement under sub. (1) and may pay or deliver property directly to a person if the person receiving the property or payment is shown to be the apparent owner included on a report filed under s. 177.0401 and the administrator reasonably believes the person is entitled to receive the property or payment.
(3)
If a claim is submitted by a locator service that enters into an agreement under subch. XIII, a copy of the agreement shall be filed with the claim, otherwise the administrator shall deny the claim.
(4)
The administrator may use state tax information to assist in identifying the owner of property that has been abandoned as provided under this chapter or in verifying a claim filed under this subchapter.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.0904 - When administrator must honor claim for property.

177.0904
When administrator must honor claim for property.
(1)
(a)
The administrator shall pay or deliver property to a claimant under s. 177.0903 (1) if the administrator receives evidence sufficient to establish to the satisfaction of the administrator that the claimant is the owner of the property.
(b)
If a claim is made and allowed under subch. XIII, the administrator shall pay or deliver property to the apparent owner of the property.
(2)
Not later than 90 days after a claim is filed under s. 177.0903 (1), the administrator shall allow or deny the claim and give the claimant notice in a record of the decision. The administrator may refer any claim to the attorney general for an opinion. For each claim referred, the attorney general shall advise the administrator either to allow it or to deny it in whole or in part.
(3)
If the administrator denies a claim under sub. (2), 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. The claimant may file an amended claim with the administrator or commence an action under s. 177.0906. The administrator shall consider an amended claim filed under this subsection 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 s. 177.0903 (1), the claim is denied.
History:  2021 a. 87; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.0905 - Allowance of claim for property.

177.0905
Allowance of claim for property.
(1)
Not later than 30 days after a claim is allowed under s. 177.0904 (2), the administrator shall pay or deliver the property to the owner or pay to the owner the net proceeds of a sale of the property, together with interest, income, or gain to which the owner is entitled under s. 177.0607. Upon request of the owner, the administrator may sell or liquidate a security and pay the net proceeds to the owner, even if the security has been held by the administrator for less than one year or the administrator has not complied with the notice requirements under s. 177.0503.
(2)
If the owner is a debtor under s. 71.93 or 71.935, before delivery or payment of property to an owner under sub. (1) or payment to the owner of net proceeds of a sale of the property, the administrator shall first set off against the owner's debt under s. 71.93 or 71.935.
(3)
Any property paid or delivered to a person under this subchapter is subject to recovery by the administrator as provided in s. 177.1206.
History:  2021 a. 87; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.0906 - Action by person whose claim is denied.

177.0906
Action by person whose claim is denied.
(1)
A person aggrieved by a claim denial of the administrator or whose claim has not been acted upon within 90 days after its filing may petition for judicial review of the decision or of the claim under s. 227.52, notwithstanding s. 227.52 (1), except that petitions for review shall be served and filed within 90 days after the claim denial or within 180 days after the filing of the claim if the administrator has failed to act on it.
(2)
If the person aggrieved establishes a claim under sub. (1) and is a debtor under s. 71.93 or 71.935, the administrator shall first set off against the person's debt under s. 71.93 or 71.935 before delivery or payment of the property to the owner.
History:  2021 a. 87; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.0907 - Claim to recover abandoned U.S. savings bond.

177.0907
Claim to recover abandoned U.S. savings bond.
Notwithstanding s. 177.1504, any person who could have claimed an interest in a U.S. savings bond immediately before this state became the owner of the U.S. savings bond pursuant to a judgment entered under s. 177.1504 (4) may file a claim under s. 177.0903, and another state may file a claim under s. 177.0901. Notwithstanding s. 177.0607 or 177.0902, if the claim is allowed, the administrator shall pay the claimant the amount the administrator received from redeeming the U.S. savings bond under s. 177.1504, minus any amounts that were deposited in the general fund to pay administrative expenses under s. 177.0801 that are attributable to the U.S. savings bond, or, if the U.S. savings bond has not been redeemed, the amount the administrator estimates the administrator will receive from redeeming the U.S. savings bond under s. 177.1504, minus any amounts the administrator estimates will be deposited in the general fund to pay administrative expenses under s. 177.0801 that are attributable to the U.S. savings bond.
History:  2015 a. 309; 2021 a. 87 s. 166; Stats. 2021 s. 177.0907.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1001 - Verified report of property.

177.1001
Verified report of property.
If a person does not file a report required under s. 177.0401 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. A verified report shall include all of the following:
(1)
A statement as to whether the person is holding property that is reportable under this chapter.
(2)
A description of the property not previously reported or about which the administrator has inquired.
(3)
A specific identification of property described under sub. (2) about which there is a dispute whether it is reportable under this chapter.
(4)
The amount or value of the property.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1002 - Requests for reports and examination of records.

177.1002
Requests for reports and examination of records.
(1)
The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this chapter. The administrator may authorize an agent, under written contract with the administrator, to conduct any such examination. In addition, the administrator may designate the division of banking or other appropriate regulatory authority to examine the records of regulated institutions to determine if the institutions have complied with this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.
(2)
If an examination of the records of a person results in the discovery of property reportable and deliverable under this chapter, the person shall file a report and deliver the property to the administrator. If the property is not reported and delivered, the administrator shall assess the person for the value of the property.
(3)
The administrator may at reasonable times and on reasonable notice issue an administrative subpoena requiring the person or agent of the person to make records available for examination. The attorney general may bring an action seeking judicial enforcement of a subpoena issued under this subsection.
(4)
If any person fails to file any report or refuses to deliver property to the administrator as required under this chapter, the administrator may bring an action in a court of appropriate jurisdiction to require the filing of the report and to enforce delivery of the property.
(5)
If a person is treated under s. 177.0213 as the holder of the property only insofar as the interest of the business association in the property is concerned, the administrator may examine the records of the person as provided under sub. (1) if the administrator has given the required notice to both the person and the business association at least 90 days before the examination.
History:  1983 a. 408; 1995 a. 27; 2017 a. 235; 2021 a. 87 ss. 124, 125, 172 to 175; Stats. 2021 s. 177.1002.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1003 - Records obtained in examination.

177.1003
Records obtained in examination.
Records obtained and records, including work papers, compiled by the administrator in the course of conducting an examination under s. 177.1002:
(1)
Are subject to the confidentiality and security provisions of subch. XIV and are not public records for purposes of subch. II of ch. 19.
(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 federal government, 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 that under subch. XIV.
(4)
May be disclosed to the person that administers the unclaimed property law of another state, upon that person's request, for that state's use in circumstances equivalent to circumstances described in this subchapter, if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to that under subch. XIV.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1004 - Failure of person to maintain records.

177.1004
Failure of person to maintain records.
If a holder fails to maintain the records required under s. 177.0404, and the records of the holder available for the periods subject to this chapter are insufficient to permit the preparation of a report, a court may determine the liability of such holder based on the court's findings as to a reasonable estimate of the amount due.
History:  2021 a. 87 s. 176; Stats. 2021 s. 177.1004.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1005 - Administrator's contract with another to conduct examination.

177.1005
Administrator's contract with another to conduct examination.
(1)
Except as provided in subs. (2) and (3), the administrator may not enter into a contract or other agreement to allow any person to engage in an audit on a contingent fee basis of another person's documents or records as part of an effort to administer this chapter or to purchase information or documents arising from the audit.
(2)
If a person whose documents or records are audited is not domiciled in this state, the administrator may enter into a contract or agreement described under sub. (1) related to the person if the amount of the contingent fee under the contract or agreement does not exceed 12 percent of the total amount of property reportable and deliverable under this chapter that is disclosed by the audit.
(3)
This section does not apply to information received from the federal government.
(4)
The administrator may not enter into a contract or other agreement as part of an effort to administer this chapter that allows a person that is engaging in an audit of another person's documents or records to use statistical sampling to estimate the other person's liability unless the other person consents to the use of an estimate.
History:  2021 a. 87 ss. 177, 178; Stats. 2021 s. 177.1005.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1101 - Default assessment.

177.1101
Default assessment.
When any person fails, neglects, or refuses to file a report by the deadline prescribed by this chapter, the administrator may, notwithstanding ss. 177.1001 and 177.1002, petition a court to determine the liability of such holder based on the court's findings as to a reasonable estimate of the amount due.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1102 - Notice of assessment.

177.1102
Notice of assessment.
The administrator shall notify a person in writing of any assessment under this chapter. The administrator shall serve that notice as provided in s. 73.03 (73m). If the person is a corporation and the administrator is unable to serve that corporation as provided in s. 73.03 (73m), the administrator may serve the notice by publishing a class 3 notice under ch. 985 in the official state newspaper.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1103 - Appeal of assessment.

177.1103
Appeal of assessment.
The appeal provisions under ss. 71.88 (1) (a) and (2) (a), 71.89, 71.90, 73.01 (1), (2), (3), (4), and (4m), and 73.015, as they apply to a taxpayer and the department of revenue and consistent with this chapter, shall apply to the person or holder and the administrator with respect to an assessment under this chapter.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1201 - Enforcement.

177.1201
Enforcement.
(1)
An assessment under this chapter that becomes final and is not subject to administrative or judicial review is subject to action and collection by the administrator under ss. 71.91, 71.92, and 73.03 (9), (20), (27), (28), (33m), and (33p) consistent with action taken by the department of revenue with respect to delinquent taxes under the same provisions.
(2)
If no court in this state has jurisdiction over the assessed holder or the assessed holder is not subject to the jurisdiction of this state, the attorney general may commence an action in any court having jurisdiction over the assessed holder.
(3)
Subject to sub. (2), the attorney general may bring an action in circuit court or in federal court to enforce this chapter.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1202 - Interstate and international agreement; cooperation.

177.1202
Interstate and international agreement; cooperation.
(1)
Subject to sub. (2), the administrator may do all of the following:
(a)
Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned.
(b)
Authorize another state or foreign country or a person acting on behalf of the other state or country to examine its records of a putative holder as provided in subch. X. The administrator shall make the authorization under this paragraph in a record.
(2)
An exchange or examination under sub. (1) may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in subch. XIV or agrees in a record to be bound by this state's confidentiality and security requirements.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1203 - Action involving another state or foreign country.

177.1203
Action involving another state or foreign country.
(1)
The administrator may join another state or foreign country to examine the records of a putative holder and seek enforcement of this chapter against a putative holder.
(2)
At the request of another state or a foreign country, the attorney general may commence an action on behalf of the other state or country to enforce, in this state, the law of the other state or country against a putative holder subject to a claim by the other state or country, if the other state or country agrees to pay costs incurred by the attorney general in the action.
(3)
The administrator may request the official authorized to enforce the unclaimed property law of another state or a foreign country to commence an action to recover property in the other state or country on behalf of the administrator. This state shall pay the costs, including reasonable attorney's fees and expenses, incurred by the other state or foreign country in an action under this section.
(4)
The administrator may pursue an action on behalf of this state to recover property subject to this chapter, but delivered to the custody of another state, if the administrator believes the property is subject to the custody of the administrator.
(5)
The administrator may retain an attorney in this state, another state, or a foreign country to commence an action to recover property on behalf of the administrator and may agree to pay attorney's fees based in whole or in part on a fixed fee, hourly fee, or a percentage of the amount or value of property recovered in the action.
(6)
Expenses incurred by this state in an action under this section may be paid from property received under this chapter or the net proceeds from the sale of the property. Expenses paid to recover property may not be deducted from the amount that is subject to a claim under this chapter by the owner.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1204 - Penalties.

177.1204
Penalties.
(1)
Failure to file a report.
(a)
Any person who fails to timely file a report under this chapter shall pay a penalty equal to $150.
(b)
In addition to the penalty imposed under par. (a), any person who fails to file a report by the time prescribed in a written request by the administrator may be subject to a penalty of $100 for each day the report is not filed.
(c)
Any person who files a false or fraudulent report with intent to defeat or evade the laws imposed under this chapter is subject to the penalties under pars. (a) and (b) and a fine of $1,000 for each day from the date the report was made until corrected or imprisonment for not more than 6 months, or both. The fine imposed under this paragraph may not exceed the lesser of $25,000 or an amount equal to 25 percent of the amount or value of any property that was required to be included in the report that was not included or was underreported.
(2)
Failure to pay or deliver property.
(a)
Any person who fails to timely pay or deliver abandoned property to the administrator as required under this chapter shall pay a penalty equal to 15 percent of the value of the property.
(b)
In addition to the penalty imposed under par. (a), any person who fails to pay or deliver abandoned property by the time prescribed in a written request from the administrator may be subject to a penalty of $100 for each day the property is not paid or delivered.
(3)
Failure to perform other duty. Any person who fails to perform any other duty required under this chapter, other than the duties for which a penalty is imposed under sub. (1) or (2), may be subject to a penalty of up to $500 for each day the duty is not performed, not to exceed $10,000 in a calendar year.
(4)
Assessment and collection. The administrator shall assess and collect any penalties under this section as it assesses and collects amounts or property due for payment or delivery under this chapter.
History:  2021 a. 87; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1206 - Recovery of property paid to incorrect claimant.

177.1206
Recovery of property paid to incorrect claimant.
(1)
If the administrator pays or delivers property under this chapter in error to any person, the administrator may assess the value of such property against the person. The assessment is subject to interest at the rate for delinquent taxes under s. 71.82 (2) from the date of assessment and to action and collection by the administrator under ss. 71.91, 71.92, and 73.03 (9), (20), (27), (28), (33m), and (33p), consistent with action taken by the department of revenue with respect to delinquent taxes.
(2)
The administrator may accept property from a person that receives the property in error prior to assessment under sub. (1), if the person acknowledges in writing that the property was paid or delivered in error and waives any further interest in the property.
(3)
The appeal provisions of ss. 71.88 (1) (a) and (2) (a), 71.89, 71.90, 73.01 (1), (2), (3), (4), and (4m), and 73.015, as they apply to a taxpayer and the department of revenue and consistent with this chapter, shall apply to the person and the administrator with respect to an assessment under this chapter.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1301 - When agreement to locate property enforceable.

177.1301
When agreement to locate property enforceable.
(1)
In this subchapter, “locator service” means a person who locates, delivers, recovers, or assists in the location, delivery, and recovery of property held by the administrator.
(2)
An agreement by an apparent owner and locator service is enforceable under this chapter only if the agreement complies with all of the following:
(a)
It is in a written, valid contract that clearly states the nature of the property and the services to be provided.
(b)
It is signed by the apparent owner or by an agent of the apparent owner.
(c)
It states the amount or value of the property reasonably expected to be recovered, computed before and after a deduction for any fee or other compensation paid to the locator service.
(d)
It includes a clear and prominent statement of the fee or other compensation to be paid to the locator service, which may not exceed 10 percent of the actual amount or value of the property recovered.
(e)
It includes a clear and prominent statement disclosing the name and address of the holder and whether the property has been paid or delivered to the administrator.
(f)
It includes a clear and prominent statement that the owner may file a claim with the administrator without the assistance of a locator service.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1302 - When agreement to locate property void.

177.1302
When agreement to locate property void.
(1)
Subject to sub. (2), an agreement under s. 177.1301 is void if it is entered into during the period beginning on the date the property is paid or delivered by a holder to the administrator and ending 24 months after the payment or delivery.
(2)
If any provision of an agreement under s. 177.1301 applies to mineral proceeds for which compensation is to be paid to the locator service based in whole or in part on a portion of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void regardless of when the parties entered into the agreement.
(3)
This section does not apply to an apparent owner's agreement with an attorney to contest the administrator's denial of a claim for recovery of the property.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1401 - Definitions; applicability.

177.1401
Definitions; applicability.
(1)
In this subchapter, “personal information” means the following:
(a)
Information that identifies or reasonably can be used to identify an individual, including an individual's first and last name in combination with any of the following information associated with the individual:
1.
A social security number or other government-issued number or identifier.
2.
Date of birth.
3.
Residential address.
4.
An e-mail address or other online contact information or Internet provider address.
5.
A financial account number or credit or debit card number.
6.
Biometric data, health or medical data, or insurance information.
7.
Passwords or other credentials that permit access to an online or other account.
(b)
Personally identifiable financial or insurance information, including nonpublic personal information as defined by federal law.
(c)
Any combination of data that, if accessed, disclosed, modified, or destroyed without authorization of the owner of the data or if lost or misused, would require notice or reporting under state or federal law, regardless of whether the administrator or the administrator's agent is subject to such law.
(2)
All provisions of this subchapter that apply to the administrator or the records of the administrator apply to the administrator's agent and the records of the administrator's agent.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1402 - Confidential information.

177.1402
Confidential information.
(1)
Except as otherwise provided in this chapter, the following are confidential and exempt from public inspection or disclosure under subch. II of ch. 19:
(a)
Reports and records of a claimant that are in the possession of the administrator or the administrator's agent.
(b)
Reports and records of a holder that are in the possession of the administrator or the administrator's agent.
(c)
Personal information and other information derived or otherwise obtained by or communicated to the administrator or the administrator's agent from an examination under this chapter of the records of a person.
(d)
Tax information that is confidential under s. 71.78.
(2)
A record or other information that is confidential under the laws of this state, another state, or the United States continues to be confidential when disclosed or delivered under this chapter to the administrator or administrator's agent.
(3)
The provisions of s. 71.78 (1) and (1m), as they apply to tax information, apply to the confidential information in sub. (1), except that the administrator may provide the name of a claimant or owner, along with any property claimed by or paid to that claimant or owner, to any other claimant filing a claim for the same property.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1403 - When confidential information may be disclosed.

177.1403
When confidential information may be disclosed.
(1)
When reasonably necessary to enforce or implement this chapter, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to the following:
(a)
An apparent owner or the apparent owner's personal representative or special administrator, attorney, guardian, other legal representative, or a person entitled to inherit from the deceased apparent owner.
(b)
A department or agency of this state or the United States.
(c)
The person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the administrator of this state and if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to that under this subchapter.
(d)
A person subject to an examination as required by subch. X.
(2)
(a)
Except as otherwise provided in s. 177.1402 (1), the administrator shall include on the administrator's Internet site or in the database required by s. 177.0503 the name of each apparent owner of property held by the administrator.
(b)
The administrator may include on the administrator's Internet site or in the database additional information concerning the apparent owner's property, if the administrator believes that the information will assist in identifying and returning property to the owner and if the information does not disclose personal information, except the apparent owner's name and residential address.
(c)
The administrator may include the information described in par. (b) in published notices, printed publications, telecommunications, or other media or on the Internet.
(3)
The administrator and the administrator's agent may not use confidential information provided to them or in their possession except as expressly authorized by this chapter or by other law.
History:  2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1501 - Uniformity of application and construction.

177.1501
Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
History:  1983 a. 408; 2021 a. 87 s. 187; Stats. 2021 s. 177.1501.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1502 - Effect of new provisions; clarification of application.

177.1502
Effect of new provisions; clarification of application.
(1)
This chapter does not relieve a holder of a duty that arose before November 7, 2021, to report, pay, or deliver property. Subject to s. 177.0610 (2) and (3), a holder who did not comply with the law governing unclaimed property in effect before November 7, 2021, is subject to the applicable enforcement and penalty provisions in effect before November 7, 2021.
(2)
The initial report filed under this chapter for property that was not required to be reported before November 7, 2021, but that is required to be reported under this chapter, shall include all items of property that would have been presumed abandoned during the 10-year period preceding November 7, 2021, as if this chapter had been in effect during that period.
History:  1983 a. 408; 2021 a. 87 s. 185; Stats. 2021 s. 177.1502.
2023 Wisconsin Statutes & Annotations › Chapter 177 - Uniform unclaimed property act. › 177.1503 - Escheat of property to municipalities.

177.1503
Escheat of property to municipalities.
If any statute provides for the escheat of abandoned or unclaimed property to a county, city, village or town, this chapter does not apply.
History:  1983 a. 408; 2021 a. 87 s. 188; Stats. 2021 s. 177.1503.
2023 Wisconsin Statutes & Annotations › Chapter 178 - Uniform partnership law. › 178.0103 - Knowledge; notice.

178.0103
Knowledge; notice.
(1)
A person knows a fact if any of the following applies:
(a)
The person has actual knowledge of the fact.
(b)
The person is deemed to know the fact under sub. (4) (a) or law other than this chapter.
(2)
A person has notice of a fact if any of the following applies:
(a)
The person has reason to know the fact from all the facts known to the person at the time in question.
(b)
The person is deemed to have notice of the fact under sub. (4) (b).
(3)
Subject to s. 178.0117 (6), a person notifies another person of a fact by taking steps reasonably required to inform the other person in ordinary course, whether or not those steps cause the other person to know the fact.
(4)
(a)
A person not a partner is deemed to know of a limitation on authority to transfer real property as provided in s. 178.0303 (7).
(b)
A person not a partner is deemed to have notice of all of the following as follows:
1.
A person's dissociation as a partner 90 days after a statement of dissociation under s. 178.0704 becomes effective.
2.
A partnership's dissolution 90 days after a statement of dissolution under s. 178.0802 becomes effective.
3.
A partnership's termination 90 days after a statement of termination under s. 178.0802 becomes effective.
4.
A partnership's participation in a merger, interest exchange, conversion, or domestication, 90 days after the articles of merger, interest exchange, conversion, or domestication under subch. XI become effective.
(5)
Except for a transferor partner's notice or knowledge of the transfer under s. 178.0503 (4) or a withdrawing partner's notice or knowledge of the withdrawal under s. 178.0601 (1), a partner's knowledge or notice of a fact relating to the partnership is effective immediately as knowledge of or notice to the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner.
(6)
This subsection applies to notice that is required under this chapter and that is made subject to this subsection by express reference to this subsection. Written notice is effective at the earliest of the following:
(a)
When received.
(b)
Five days after its deposit in the U.S. mail, if mailed postpaid and correctly addressed.
(c)
On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee.
(d)
For notices from the department, upon successful transmission by e-mail as provided in this chapter.
History:  2015 a. 295; 2021 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 178 - Uniform partnership law. › 178.0104 - Governing law.

178.0104
Governing law.
(1m)
The internal affairs of an association that would be a partnership if its governing law were the law of this state and the liability of the persons so associated for a debt, obligation, or other liability of the association are governed by the law of this state if any of the following applies:
(a)
The association is a domestic limited liability partnership.
(b)
In the case of any association other than a domestic or foreign limited liability partnership, the partnership agreement designates the law of this state as its governing law or, in the absence of such designation, the association has its principal office in this state.
(2m)
The fact that one or more of the partners of a partnership are, or are not, subject to tax on the income of the partnership shall have no effect on the application of the law of this state under sub. (1m).
(3m)
The partnership agreement may require, consistent with applicable jurisdictional requirements, that any or all claims involving the application of the law of this state under sub. (1m) shall be brought solely and exclusively in the courts of this state.
History:  2015 a. 295; 2021 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 178 - Uniform partnership law. › 178.0106 - Partnership agreement; effect on partnership and person becoming partner; preformation agreement.

178.0106
Partnership agreement; effect on partnership and person becoming partner; preformation agreement.
(1)
A partnership is bound by and may enforce the partnership agreement, whether or not the partnership has itself manifested assent to the agreement.
(2)
A person that becomes a partner is deemed to assent to the partnership agreement.
(3)
Two or more persons intending to become the initial partners of a partnership may make an agreement providing that upon the formation of the partnership the agreement will become the partnership agreement.
History:  2015 a. 295.
2023 Wisconsin Statutes & Annotations › Chapter 178 - Uniform partnership law. › 178.0107 - Partnership agreement; effect on third parties and relationship to records effective on behalf of partnership.

178.0107
Partnership agreement; effect on third parties and relationship to records effective on behalf of partnership.
(1)
A partnership agreement may specify that its amendment requires the approval of a person that is not a party to the agreement or the satisfaction of a condition. An amendment is ineffective if its adoption does not include the required approval or satisfy the specified condition.
(2)
The obligations of a partnership and its partners to a person in the person's capacity as a transferee or person dissociated as a partner are governed by the partnership agreement. Subject only to a court order issued under s. 178.0504 (2) (b) to effectuate a charging order, all of the following apply to an amendment to the partnership agreement made after a person becomes a transferee or is dissociated as a partner:
(a)
Except as provided in par. (b), the amendment is effective with regard to any debt, obligation, or other liability of the partnership or its partners to the person in the person's capacity as a transferee or person dissociated as a partner.
(b)
The amendment is not effective to the extent the amendment does any of the following:
1.
Imposes a new debt, obligation, or other liability on the transferee or person dissociated as a partner.
2.
Prejudices the rights under s. 178.0701 of a person that dissociated as a partner before the amendment was made.
(3)
If a record delivered by a partnership to the department for filing becomes effective and contains a provision that would be ineffective under s. 178.0105 (3) or (4) (c) if contained in the partnership agreement, the provision is ineffective in the record.
(4)
Subject to sub. (3), if a record delivered by a partnership to the department for filing becomes effective and conflicts with a provision of the partnership agreement, all of the following apply:
(a)
The agreement prevails as to partners, persons dissociated as partners, and transferees.
(b)
The record prevails as to other persons to the extent they reasonably rely on the record.
History:  2015 a. 295.
2023 Wisconsin Statutes & Annotations › Chapter 178 - Uniform partnership law. › 178.0108 - Signing of records to be delivered for filing to the department.

178.0108
Signing of records to be delivered for filing to the department.
(1)
A record delivered to the department for filing pursuant to this chapter must be signed as follows:
(a)
Except as otherwise provided in pars. (b) and (c), a record signed by a partnership must be signed by a person authorized by the partnership.
(b)
A record filed on behalf of a dissolved partnership that has no partner must be signed by the person winding up the partnership's business under s. 178.0802 (4) or a person appointed under s. 178.0802 (5) to wind up the business.
(c)
A statement of denial by a person under s. 178.0304 must be signed by that person.
(d)
Any record not identified in pars. (a) to (c) that is delivered on behalf of a person to the department for filing must be signed by that person.
(2)
A record filed under this chapter may be signed by an attorney-in-fact. Whenever this chapter requires a particular individual to sign a record and the individual is deceased or incompetent, the record may be signed by a legal representative of the individual.
(3)
A person that signs a record as an attorney-in-fact or legal representative affirms as a fact that the person is authorized to sign the record.
History:  2015 a. 295.
2023 Wisconsin Statutes & Annotations › Chapter 178 - Uniform partnership law. › 178.0109 - Liability for inaccurate information in filed record.

178.0109
Liability for inaccurate information in filed record.
(1)
If a record delivered to the department for filing under this chapter and filed by the department contains inaccurate information, a person that suffers loss by reliance on the information may recover damages for the loss from any of the following:
(a)
A person that signed the record, or caused another to sign it on the person's behalf, and knew the information to be inaccurate at the time the record was signed.
(b)
Subject to sub. (2), a partner if all of the following apply:
1.
The record was delivered for filing on behalf of the partnership.
2.
The partner knew or had notice of the inaccuracy for a reasonably sufficient time before the information was relied upon so that, before the reliance, the partner reasonably could have done any of the following:
a.
Effected an amendment under s. 178.0901 (6).
b.
Filed a petition under s. 178.0112.
c.
Delivered to the department for filing a statement of change under s. 178.0909 or a statement of correction under s. 178.0116.
(2)
To the extent the partnership agreement expressly relieves a partner of responsibility for maintaining the accuracy of information contained in records delivered on behalf of the partnership to the department for filing under this chapter and imposes that responsibility on one or more other partners, the liability stated in sub. (1) (b) applies to those other partners and not to the partner that the partnership agreement relieves of the responsibility.
(3)
An individual who signs a record authorized or required to be filed under this chapter affirms under penalty of perjury that the information stated in the record is accurate.
History:  2015 a. 295.