Section 34.45.320. Payment or delivery of abandoned property.

   (a) Except as otherwise provided in (b) of this section, a person who is required to file a report under AS 34.45.280, shall, at the time of filing the report under that section, pay or deliver to the administrator all of the property shown on the report and remaining unclaimed by the apparent owner. Upon written request showing good cause, the administrator may postpone the payment or delivery upon the terms or conditions the administrator considers necessary and appropriate. The property paid or delivered to the administrator must include all interest, dividends, increments, and accretions due, payable, or distributable on the property at the time of filing the report. If payment or delivery is postponed, the property paid or delivered to the administrator must include all interest, dividends, increments, and accretions due, payable, or distributable on the day that the property is paid or delivered to the administrator.
   (b) If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered or if it appears that the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the department, and the property is no longer presumed abandoned. The holder shall file with the department a written explanation, made under penalty of unsworn falsification in the second degree, of the proof of claim or of the error in the presumption of abandonment.
   (c)   [Repealed, Sec. 12 ch 145 SLA 1996].
   (d) The holder of an equity interest under AS 34.45.200 shall deliver a duplicate certificate, or other evidence of ownership if the holder does not issue certificates of ownership, to the department. Upon delivery of a duplicate certificate to the department, the holder and a transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability, in accordance with the provisions of AS 34.45.330 to every person, including a person acquiring the original certificate or the duplicate of the certificate issued to the department, for loss or damage resulting to a person by the issuance and delivery to the department of the duplicate certificate.

Authorities

34.45.160;34.45.700

Notes

References

AS 34.45.160 Bank deposits and money in financial organizations.
AS 34.45.700 Agreement to locate reported property.

History

(Sec. 11 ch 133 SLA 1986; am Sec. 8, 12 ch 145 SLA 1996; am Sec. 47 ch 65 SLA 1998; am Sec. 14 ch 90 SLA 2004; am Sec. 19 ch 58 SLA 2010)