Section 34.45.280. Report of abandoned personal property.  


Latest version.
  •    (a) A person holding personal property, tangible or intangible, presumed abandoned and subject to custody as unclaimed property under AS 34.45.110 - 34.45.430, shall report to the department concerning the property as provided in this section.
       (b) The report must be made on a form bearing a notice that statements are made under penalty of unsworn falsification and must include
            (1) except with respect to traveler's checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property, the value of which is $100 or more, presumed abandoned under AS 34.45.110 - 34.45.430 and other statutes specifically made subject to this reporting requirement;
            (2) in the case of unclaimed money amounting to $100 or more, held or owing under a life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary or other person who is entitled to the proceeds according to the records of the insurance company holding or owing the funds;
            (3) in the case of the contents of a safe deposit box or other safekeeping repository or of other tangible personal property, a description of the property and the place where it is held and may be inspected by the department and any amounts owing to the holder;
            (4) the nature and identifying number, if any, or description of the property and the amount appearing from the records to be due; items of value under $100 each may be reported in the aggregate;
            (5) the date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and
            (6) other information that the department prescribes by regulation as necessary for the administration of this chapter.
       (c) If the holder of property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner, or the holder has changed the holder's name while holding the property, the holder shall file with the holder's report all known names and addresses of each previous holder of the property.
       (d) The report required under (a) of this section shall be filed before November 1 of each year for unclaimed property held as of June 30 of that year. On written request by a person required to file a report, the commissioner may postpone the reporting date.
       (e) Not more than 120 days before filing the report required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under AS 34.45.110 - 34.45.430 shall send written notice to the apparent owner at the owner's last known address informing the owner that the holder is in possession of property subject to this chapter if
            (1) the holder has in its records an address for the apparent owner that the holder believes to be accurate;
            (2) the claim of the apparent owner is not barred by the statute of limitations; and
            (3) the property has a value of $100 or more.
       (f) The requirements of this section apply to the holder of intangible property with a total aggregate value greater than $750 that is presumed abandoned under AS 34.45.110 - 34.45.780 during the year preceding June 30 of each year. For purposes of determining total aggregate value under this subsection, the holder shall include all intangible property from prior years that was not reported under AS 34.45.110 - 34.45.780.

Authorities

13.12.105;13.16.381;13.16.600;34.45.030;34.45.070;34.45.290;34.45.300;34.45.320;34.45.410;34.45.700;34.45.720

Notes


References

AS 13.12.105 No taker.
AS 13.16.381 Disposition of unclaimed estate by personal representative.
AS 13.16.600 Disposition of unclaimed assets.
AS 34.45.030 Sale.
AS 34.45.070 Proceeds of sale.
AS 34.45.290 Requests for reports and examination of records.
AS 34.45.300 Retention of records.
AS 34.45.320 Payment or delivery of abandoned property.
AS 34.45.410 Election to take delivery.
AS 34.45.700 Agreement to locate reported property.
AS 34.45.720 Application; exceptions.
History

(Sec. 11 ch 133 SLA 1986; am Sec. 2 - 4 ch 145 SLA 1996; am Sec. 45 ch 65 SLA 1998; am Sec. 10 ch 90 SLA 2004)