Title 44 — Trade and Commerce

In this chapter, unless the context otherwise requires: 1. "Airdrop": (a) Means to issue a unit of a digital asset that is distributed in a broad, equipped and nondiscretionary manner based on conditions that are capable of being satisfied by a participant in a blockchain system …

A. Property is presumed abandoned if it is unclaimed by the apparent owner according to the following schedule: 1. A traveler's check is presumed abandoned fifteen years after issuance. 2. A money order or similar written instrument, other than a third-party bank check, is presum…

Tangible property that is held in a safe deposit box or any other safekeeping depository in this state in the ordinary course of the holder's business and the proceeds that result from the sale of the property permitted by law are presumed abandoned if the property remains unclai…

Except as otherwise provided in this chapter or by another 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 applies: 1. The last known address, as shown on the rec…

A holder, except an agency of this state, may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time if there is a valid and enforceable written contract between the holder and the owner under which …

A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the department's burden of proof as to the existence and amount of the property and its abandonment is satisfied b…

A. A holder of property that is presumed abandoned shall make a report to the department concerning the property. B. The report shall be verified and shall contain all of the following: 1. A description of the property. 2. Except for a traveler's check or money order, the name, i…

A. On filing the report prescribed in section 44-307, the holder of property that is presumed abandoned shall pay, deliver or cause to be paid or delivered to the department the property described in the report as unclaimed. If the property is an automatically renewable deposit a…

A. The department shall publish a notice at least semiannually with a toll free telephone number and directing the public to the department's website regarding abandoned property that has been paid or delivered to the department. The department shall cause the notice to be publis…

A. On payment or delivery of property to the department, the state assumes custody and responsibility for the safekeeping of the property. A holder who pays or delivers property to the department in good faith is relieved of all liability with respect to the property that arises …

A. A holder shall not cease payment of interest on an interest bearing demand, savings or time deposit, including a deposit that is automatically renewable, unless all of the following conditions apply: 1. There is an enforceable written contract between the holder and the owner …

A. Except as otherwise provided in this section, within three years after receiving abandoned property the department shall sell the property to the highest bidder at a public sale at a location in this state that in the judgment of the department affords the most favorable marke…

A. Except as otherwise provided in this section or section 44-314, the department shall deposit, pursuant to sections 35-146 and 35-147, in the state general fund all monies received pursuant to this chapter, including the proceeds from the sale of abandoned property pursuant to …

A. The federal deposit insurance corporation trust fund is established consisting of monies the department receives from the federal deposit insurance corporation under the unclaimed deposits amendments act of 1993 (P.L. 103-44; 107 Stat. 220; 12 United States Code section 1822(e…

A. The department may disclose confidential information relating to an item of property to the claimant or relating to reports of abandoned property to the holder, a successor in interest to the claimant or holder or a designee of the claimant or holder who is authorized in writi…

A. After property has been paid or delivered to the department pursuant to this chapter, another state may recover the property if any of the following applies: 1. The property was paid or delivered to the custody of this state because the records of the holder did not indicate a…

A. Any person, excluding another state, who claims property that was paid or delivered to the department may file a claim on a form prescribed by the department and verified by the claimant. B. Within ninety days after a claim is filed the department shall allow or deny the claim…

A person who is aggrieved by a decision of the department, or whose claim has not been decided within ninety days after filing the claim, may begin an original action in superior court to establish the claim by naming the department as a defendant. The person shall file the actio…

A. The department may decline to receive property that is reported under this chapter and that the department considers to have a value of less than the costs of notice and sale. B. With the written consent of the department and on terms prescribed by the department, a holder may…

If the department determines after investigation that property delivered pursuant to this chapter has no substantial commercial value, the department may destroy or otherwise dispose of the property at any time. A person shall not maintain an action or proceeding against this sta…

A. The expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer …

A. The department may require any person who has not filed a report or any person who the department believes has filed an inaccurate, incomplete or false report to file a verified report in a form specified by the department. The report shall: 1. State whether the person is hold…

A. A holder that is required to file a report pursuant to section 44-307 shall maintain the records that contain the information required to be included in the report for five years after the holder files the report, except as provided in subsection B of this section or unless th…

The department may request the attorney general to commence an action in the superior court to enforce this chapter, and, if applicable, the department may file an action in another state to enforce this chapter.

A. The department may enter into an agreement with another state to exchange information relating to abandoned property or the possible existence of abandoned property. The agreement may allow the other state or another person acting on behalf of a state to examine records as aut…

A. The department may require any person who fails to pay or deliver property within the time prescribed in this chapter to pay to the department interest at the rate of one and one-half per cent per month or fraction of a month on the property or value of the property from the d…

A. The following are void and unenforceable: 1. An agreement entered into by an owner with another person if the primary purpose of that agreement is to locate, deliver, recover or assist in the recovery of property that is presumed abandoned, if the agreement was entered into du…

This chapter does not apply to property that is held, due and owing in a foreign country and that arises out of a foreign transaction.

A. An initial report filed pursuant to this chapter for property that was not required to be reported before January 1, 2001 but that is subject to this chapter shall include all items of property that would have been presumed abandoned within ten years before January 1, 2001 as …

The department may adopt rules pursuant to title 41, chapter 6 to carry out this chapter.

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 that enact the uniform unclaimed property act.

1. The deficiency is directly attributable to erroneous written advice furnished to the holder by an employee of the department acting in an official capacity in response to a specific request from the holder and not from the holder’s failure to provide adequate or accurate infor…

B. The department shall not evaluate an employee on the basis of unclaimed property demanded or collected by that employee. C. The department shall develop metrics to evaluate the accuracy of unclaimed property auditor recommendations to the department and whether such recommenda…

A. When the department completes an audit and a final examination report has been completely determined under this title, the holder’s liability for the particular unclaimed property for the period subjected to the audit is fixed and determined, and no additional audit for the pa…

A. The department may issue private holder rulings to unclaimed property holders and potential unclaimed property holders on request. Each request shall be in writing and shall: 1. State the name, address and, if applicable, identifying number of the holder or potential holder wh…

A. The director may abate all or part of interest accrued on: 1. An unclaimed property deficiency due to any unreasonable error or delay by an officer or employee of the department acting in the employee’s official capacity. 2. Any payment of unclaimed property to the extent that…

B. Except as provided in section 41-1092.08, subsection H, a final decision of the department is subject to judicial review pursuant to title 12, chapter 7, article 6. C. If the holder does not file a notice of appeal as provided in subsections A and B of this section, the amount…

The department may prescribe by administrative rule alternative methods for signing, subscribing or verifying any report or claim required or permitted to be filed with the department pursuant to this article that have the same validity and consequence as the actual signature or …

Audits for enforcement of the provisions of this article, including those performed by contingent fee auditors, shall provide holders of unclaimed property a notice of rights. At a minimum, the notice shall include: 1. A statement that the department makes all final decisions reg…