Title 35 — Title 35
0 chapters · 835 sections in this title.
Ala. Code § 35-12-1 When Finder Becomes Depositary
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One who finds a thing lost is not bound to take charge of it; but if he does so he is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. History: (Code 1923, §7992; Code 1940, T. 47, §155.)
Ala. Code § 35-12-2 Proof of Ownership of Claimant
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The finder of a thing may in good faith, before giving it up, require reasonable proof of ownership from any person claiming it. History: (Code 1923, §7993; Code 1940, T. 47, §156.)
Ala. Code § 35-12-20 Short Title
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §30.)
Ala. Code § 35-12-21 Definitions
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §1; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-22 Property Held by Banking or Financial Organizations or Business
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Associations. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §2; Acts 1973, No. 1084, p. 1844, §1; Acts 1991, 1st Ex. Sess., No. 91-788, §1; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-23 Unclaimed Funds Held by Insurance Corporations
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §3; Acts 1991, 1st Ex. Sess., No. 91-788, §2.)
Ala. Code § 35-12-24 Deposits and Refunds Held by Utilities
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §4.)
Ala. Code § 35-12-24.1 Exemptions
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1984, 1st Ex. Sess., No. 84-814; p. 247; Act 99-588, p. 1343, §1.)
Ala. Code § 35-12-25 Undistributed Dividends and Distributions of Business Associations
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §5; Acts 1991, 1st Ex. Sess., No. 91-788, §3.)
Ala. Code § 35-12-26 Intangible Property of Business Associations and Banking or Financial
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Organizations Held in Course of Dissolution. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §6.)
Ala. Code § 35-12-27 Intangible Property Held by Fiduciaries
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §7; Acts 1991, 1st Ex. Sess., No. 91-788, §4.)
Ala. Code § 35-12-28 Property Held by Federal Courts, Officers, Authorities or Agencies
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §8.)
Ala. Code § 35-12-29 Miscellaneous Personal Property Not Otherwise Covered by Article
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §9; Acts 1991, 1st Ex. Sess., No. 91-788, §5.)
Ala. Code § 35-12-3 Compensation and Reward for Finder
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The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it. History: (Code 1923, §7994; Code 1940, T. 47, §157.)
Ala. Code § 35-12-30 Reciprocity for Property Abandoned or Escheated Under Laws of
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Another State. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §10.)
Ala. Code § 35-12-31 Report of Abandoned Property
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §11; Acts 1973, No. 1084, p. 1844, §2; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-32 Notice to Be Published and Mailed by Treasurer
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §12; Acts 1973, No. 1084, p. 1844, §3; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-33 Payment or Delivery of Abandoned Property - Generally
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §13; Acts 1973, No. 1084, p. 1844, §4; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-34 Payment or Delivery of Abandoned Property - Relief from Liability;
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Rights Become Obligations of State; Reimbursement. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §14; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-35 Payment or Delivery of Abandoned Property - Owner Not Entitled to
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Income or Other Increments Accruing After Payment or Delivery. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §15; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-36 Disposition of Property by Treasurer
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §22; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-37 Duties, Etc., Not Affected by Expiration of Limitation Period
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §16; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-38 Sale of Abandoned Property or Securities; Presentation of Matured
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Bonds for Payment; Publication of Notice. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §17; Acts 1988, 1st Ex. Sess., No. 88-724, p. 120; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-39 Deposit of Funds
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §18; Acts 1991, 1st Ex. Sess., No. 91-788, §7; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-4 Placing Thing Found in Storage
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The finder of a thing may exonerate himself from liability at any time by placing it on storage with any responsible person of good character at a reasonable expense. History: (Code 1923, §7995; Code 1940, T. 47, §158.)
Ala. Code § 35-12-40 Claims for Property or Proceeds of Sale - Filing of Claim
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §19; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-41 Claims for Property or Proceeds of Sale - Determination and Payment
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by Treasurer. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §20; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-42 Claims for Property or Proceeds of Sale - Judicial Review
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §21; Acts 1992, No. 92-186, p. 349, §15; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-43 Examination of Records by Treasurer
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §23; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-44 Proceedings to Compel Delivery of Abandoned Property
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §24; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-45 Penalties
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §25; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-46 Confidentiality of Information; Rules and Regulations of Treasurer;
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Employees; Special Counsel. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §26; Acts 1996, No. 96-724, p. 1197, §1.)
Ala. Code § 35-12-47 Property Presumed Abandoned or Escheated Under Laws of Another
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State. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §27.)
Ala. Code § 35-12-48 Construction of Article
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §29.)
Ala. Code § 35-12-5 Sale
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(a) The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the lawful charges of the finder in the following cases: (1) When the thing is in…
Ala. Code § 35-12-50 When Intangible Property Presumed Abandoned
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1991, No. 91-577, §1.)
Ala. Code § 35-12-51 Reporting of Voided State of Alabama Issued Warrants
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Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Act 99-381, §§2, 3.)
Ala. Code § 35-12-6 Disposition of Unclaimed Articles Left for Service
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Any person who is regularly engaged in the business of performing services upon articles left in his or her custody for that purpose may, subject to the provisions of this section, make disposition of such articles in any manner he or she sees fit after notice to the owner 10 day…
Ala. Code § 35-12-70 Short Title
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This article may be cited as the Uniform Disposition of Unclaimed Property Act of 2004. History: (Act 2004-440, p. 755, §1.)
Ala. Code § 35-12-71 Definitions. (Amended by Act 2026-285) [Effective until June 1, 2026.]
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AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. As used in this article, unless the context otherwise requires, the following terms shall have the meanings respectively ascribed to them by this section: (1) APPARENT OWNER. A person whose name appear…
Ala. Code § 35-12-72 Presumption of Abandonment. (Amended by Act 2026-285) [Effective
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until June 1, 2026.] AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property: (1) Traveler’s checks, 15 years after issua…
Ala. Code § 35-12-73 Exemptions
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(a) The following entities are exempt from reporting property under this article: (1) Electric cooperatives organized under Chapters 6 and 7 of Title 37. (2) Incorporated municipalities and incorporated municipal boards and county and county boards of this state. (b) The followin…
Ala. Code § 35-12-74 Rules for Taking Custody
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Except as otherwise provided in this article, or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if any of the following occur: (1) The last known address of the apparent owner,…
Ala. Code § 35-12-75 Dormancy Charges
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(a) Any person engaged primarily in the business of selling tangible personal property at retail, by contract with the customer may, charge, and deduct from the property otherwise subject to this article, a reasonable administrative and restocking fee of not more than twenty-five…
Ala. Code § 35-12-76 Report of Abandoned Property. (Amended by Act 2026-285) [Effective
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until June 1, 2026.] AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) A holder of property presumed abandoned shall make a report to the Treasurer concerning the property. The report shall be filed electronically and the monies remitted electroni…
Ala. Code § 35-12-77 Payment or Delivery of Abandoned Property
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(a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required in Section 35-12-76, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the Treasurer the property described in the r…
Ala. Code § 35-12-78 Notification of Abandoned Property
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(a) It is specifically recognized that the state has an obligation to make an effort to notify apparent owners of abandoned property in a cost-effective manner. (b) The Treasurer shall make at least one active attempt to notify apparent owners of the existence of abandoned proper…
Ala. Code § 35-12-79 Custody by State; Recovery by Holder; Defense of Holder
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(a) In this article, good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment or delivery of property to the Treasurer, the state assumes custody and responsibility for the safekeeping of the property. A holder who pays or delivers property to th…
Ala. Code § 35-12-80 Public Sale of Abandoned Property. (Amended by Act 2026-285)
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[Effective until June 1, 2026.] AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) Except as otherwise provided in this section, the Treasurer, within three years after the receipt of abandoned property, shall sell it to the highest bidder at publi…
Ala. Code § 35-12-81 Deposit of Funds
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(a) The Treasurer shall promptly deposit in the Unclaimed Property Reserve Fund, created within the Treasury, all funds received under this article, including but not limited to, the proceeds from the sale of abandoned property under Section 35-12- 80, from which the Treasurer sh…