Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-13-1001 Verified report of property
0.8K chars
(1) If a person does not file a report required by section 38-13-401 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…
Colo. Rev. Stat. § 38-13-1002 Examination of records to determine compliance
0.6K chars
(1) The administrator, at reasonable times and on reasonable notice, may: (a) Examine the records of a person, including examination of appropriate records in the possession of an agent of the person under examination, if such records are reasonably necessary to determine whether…
Colo. Rev. Stat. § 38-13-1003 Rules for conducting examination
1.2K chars
(1) The administrator shall adopt rules governing procedures and standards for an examination under section 38-13-1002, including rules for use of an estimation, extrapolation, and statistical sampling in conducting an examination. (2) An examination under section 38-13-1002 must…
Colo. Rev. Stat. § 38-13-1004 Records obtained in examination
1.6K chars
(1) Records obtained and records, including work papers, compiled by the administrator in the course of conducting an examination under section 38-13-1002: (a) Are subject to the confidentiality and security provisions of part 14 of this article 13 and are not public records; (b)…
Colo. Rev. Stat. § 38-13-1005 Evidence of unpaid debt or undischarged obligation
1.6K chars
(1) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation. (2) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obli…
Colo. Rev. Stat. § 38-13-1006 Failure of person examined to retain records
0.6K chars
If a person subject to examination under section 38-13-1002 does not retain the records required by section 38-13-404, the administrator may determine the value of property due using a reasonable method of estimation based on all information available to the administrator, includ…
Colo. Rev. Stat. § 38-13-1007 Report to person whose records were examined
5.0K chars
(1) At the conclusion of an examination under section 38-13-1002, the administrator shall provide to the person whose records were examined a complete and unredacted examination report that specifies: (a) The work performed; (b) The property types reviewed; (c) The methodology of…
Colo. Rev. Stat. § 38-13-101 Short title
0.2K chars
The short title of this article 13 is the Revised Uniform Unclaimed Property Act. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 407, � 1, effective July 1, 2020.
Colo. Rev. Stat. § 38-13-1010 Limit on future employment
0.5K chars
The administrator or an individual employed by the administrator who participates in, recommends, or approves the award of a contract under section 38-13-1009 (2) on or after July 1, 2020, must not be employed by, contracted with, or compensated in any capacity by the contractor …
Colo. Rev. Stat. § 38-13-1011 Determination of liability for unreported reportable property
0.5K chars
If the administrator determines from an examination conducted under section 38-13-1002 that a putative holder has failed or refused to pay or deliver property to the administrator that is reportable under this article 13, the administrator shall issue a determination of the putat…
Colo. Rev. Stat. § 38-13-102 Definitions
13.7K chars
As used in this article 13, unless the context otherwise requires: (1) Administrator means the state treasurer. (2) Administrator's agent means a person with whom the administrator contracts to conduct an examination under part 10 of this article 13 on behalf of the administrator…
Colo. Rev. Stat. § 38-13-103 Inapplicability to wholly foreign transaction
0.3K chars
This article 13 does not apply to property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 413, � 1, effective July 1, 2020.
Colo. Rev. Stat. § 38-13-104 Rule-making
0.2K chars
The administrator may adopt under the State Administrative Procedure Act, article 4 of title 24, rules to implement and administer this article 13. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 413, � 1, effective July 1, 2020.
Colo. Rev. Stat. § 38-13-1101 Informal conference
3.5K chars
(1) Not later than thirty days after receipt of a notice under section 38-13-1011, a putative holder may request an informal conference with the administrator to review the determination. Except as otherwise provided in this section, the administrator may designate an employee to…
Colo. Rev. Stat. § 38-13-1102 Review of administrator's determination
0.3K chars
(1) A putative holder may seek relief from a determination under section 38-13-1011 or 38-13-1205 by: (a) Administrative review under section 38-13-1103; or (b) Judicial review under section 38-13-1104. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 451, � 1, effe…
Colo. Rev. Stat. § 38-13-1103 Administrative review
0.6K chars
(1) Not later than ninety days after receiving notice of the administrator's determination under section 38-13-1011 or that a civil penalty has been imposed under section 38-13-1205, a putative holder or a holder may initiate a proceeding under the State Administrative Procedure …
Colo. Rev. Stat. § 38-13-1104 Judicial remedy
2.0K chars
(1) Not later than ninety days after receiving notice of the administrator's determination under section 38-13-1011 or that a civil penalty has been imposed under section 38-13-1205, a putative holder or a holder may: (a) File an action against the administrator in the district c…
Colo. Rev. Stat. § 38-13-1201 Judicial action to enforce liability
0.8K chars
(1) If a determination under section 38-13-1011 becomes final and is not subject to administrative or judicial review, the administrator may commence an action in the district court for the city and county of Denver or in an appropriate court of another state to enforce the deter…
Colo. Rev. Stat. § 38-13-1202 Interstate and international agreement - cooperation
0.9K chars
(1) Subject to subsection (2) of this section, the administrator may: (a) Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and (b) Authorize in a record another…
Colo. Rev. Stat. § 38-13-1203 Action involving another state or foreign country
1.9K chars
(1) The administrator may join another state or foreign country to examine and seek enforcement of this article 13 against a putative holder. (2) On request of another state or foreign country, the attorney general may commence an action on behalf of the other state or country to…
Colo. Rev. Stat. § 38-13-1204 Interest and penalty for failure to act in timely manner
0.9K chars
(1) A holder that fails to report, pay, or deliver property within the time prescribed by this article 13 shall pay to the administrator interest at the annual rate specified in section 39-21-110.5 on the property or value of the property from the date the property should have be…
Colo. Rev. Stat. § 38-13-1205 Other civil penalties
1.3K chars
(1) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this article 13 or otherwise willfully fails to perform a duty imposed on the holder under this article 13, the administrator may require the holder to pay the administrator…
Colo. Rev. Stat. § 38-13-1206 Waiver of interest and penalty
0.3K chars
The administrator shall waive a penalty under section 38-13-1204 (2) if the administrator determines that the holder acted in good faith and without negligence. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 454, � 1, effective July 1, 2020.
Colo. Rev. Stat. § 38-13-1301 When agreement to locate property enforceable
0.9K chars
(1) An agreement by an apparent owner and another person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the administrator, is enforceable only if the agreement: (a) Is in a record that clearly sta…
Colo. Rev. Stat. § 38-13-1302 When agreement to locate property void - rules
4.7K chars
(1) Subject to subsection (2) of this section, an agreement under section 38-13-1301 is void if it is entered into during the period beginning on the date the property was paid or delivered by a holder to the administrator and ending twenty-four months after the payment or delive…
Colo. Rev. Stat. § 38-13-1401 Definitions - applicability
1.4K chars
(1) In this part 14, personal information means: (a) Information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's: (I) Social security number or other government-issued number or identifier; (II)…
Colo. Rev. Stat. § 38-13-1402 Confidential information
1.3K chars
(1) Except as otherwise provided in this article 13, the following are confidential and exempt from public inspection or disclosure: (a) Records of the administrator and the administrator's agent related to the administration of this article 13; (b) Reports and records of a holde…
Colo. Rev. Stat. § 38-13-1403 When confidential information may be disclosed
1.7K chars
(1) When reasonably necessary to enforce or implement this article 13, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to: (a) Another department or agency of this state or the United States; …
Colo. Rev. Stat. § 38-13-1404 Confidentiality agreement
0.6K chars
(1) A person to be examined under section 38-13-1002 may require, as a condition of disclosure of the records of the person to be examined, that each person having access to the records disclosed in the examination execute and deliver to the person to be examined a confidentialit…
Colo. Rev. Stat. § 38-13-1405 No confidential information in notice
0.3K chars
Except as otherwise provided in sections 38-13-501 and 38-13-502, a holder is not required under this article 13 to include confidential information in a notice the holder is required to provide to an apparent owner under this article 13. Source: L. 2019: Entire article R&RE, (SB…
Colo. Rev. Stat. § 38-13-1406 Security of information
1.9K chars
(1) If a holder is required to include confidential information in a report to the administrator, the information must be provided by secure means. (2) If confidential information in a record is provided to and maintained by the administrator or administrator's agent as required …
Colo. Rev. Stat. § 38-13-1407 Security breach
1.5K chars
(1) Except to the extent prohibited by law other than this article 13, the administrator or administrator's agent shall notify a holder as soon as practicable of: (a) Suspected loss, misuse, or unauthorized access, disclosure, modification, or destruction of confidential informat…
Colo. Rev. Stat. § 38-13-1408 Indemnification for breach
1.2K chars
(1) If a claim is made or action commenced arising out of an event described in section 38-13-1407 (1) relating to confidential information possessed by an administrator's agent, the administrator's agent shall indemnify, defend, and hold harmless a holder and the holder's affili…
Colo. Rev. Stat. § 38-13-1501 Uniformity of application and construction
0.8K chars
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 461, � 1, effective July 1, 2020. 38…
Colo. Rev. Stat. § 38-13-1503 Transitional provision
1.1K chars
(1) An initial report filed under this article 13 for property that was not required to be reported before July 1, 2020, but that is required to be reported under this article 13, must include all items of property that would have been presumed abandoned during the five-year peri…
Colo. Rev. Stat. § 38-13-201 When property presumed abandoned
4.5K chars
(1) Subject to section 38-13-210, the following property is presumed abandoned if it is unclaimed by the apparent owner during the period specified in this section: (a) A traveler's check, fifteen years after issuance; (b) A money order, seven years after issuance; (c) A state or…
Colo. Rev. Stat. § 38-13-202 When tax-deferred retirement account presumed abandoned
1.1K chars
(1) Subject to section 38-13-210, property held in a pension account or retirement account that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner three years after it becomes payable or distrib…
Colo. Rev. Stat. § 38-13-203 When other tax-deferred account presumed abandoned
0.9K chars
(1) Subject to section 38-13-210 and except for property described in section 38-13-202 and property held in a plan described in section 529A of the federal Internal Revenue Code of 1986, as amended, 26 U.S.C. sec. 529A, property held in an account or plan, including a health sav…
Colo. Rev. Stat. § 38-13-204 When custodial account for minor presumed abandoned
2.9K chars
(1) Subject to section 38-13-210, property held in an account established under a state's Uniform Gifts to Minors Act or Uniform Transfers to Minors Act is presumed abandoned if it is unclaimed by or on behalf of the minor on whose behalf the account was opened three years after …
Colo. Rev. Stat. § 38-13-205 When contents of safe-deposit box presumed abandoned
0.6K chars
(1) Tangible property held in a safe-deposit box and proceeds from a sale of the property by the holder permitted by law of this state other than this article 13 are presumed abandoned if the property remains unclaimed by the apparent owner five years after the earlier of the: (a…
Colo. Rev. Stat. § 38-13-206 When stored-value card presumed abandoned
0.6K chars
(1) Subject to section 38-13-210, the net value of a stored-value card other than a gift card is presumed abandoned on the latest of three years after: (a) December 31 of the year in which the card is issued or additional funds are deposited into it; (b) The most recent indicatio…
Colo. Rev. Stat. § 38-13-207 When gift card presumed abandoned
3.1K chars
Subject to section 38-13-210, a gift card is presumed abandoned if it is unclaimed by the apparent owner five years after the later of the date of purchase or its most recent use. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 418, � 1, effective July 1, 2020. 38-…
Colo. Rev. Stat. § 38-13-208 When security presumed abandoned
1.8K chars
(1) Subject to section 38-13-210, a security is presumed abandoned three years after: (a) The date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal servi…
Colo. Rev. Stat. § 38-13-209 When related property interest presumed abandoned
0.3K chars
At and after the time property is presumed abandoned under this part 2, any other property right or interest accrued or accruing from the property and not previously presumed abandoned is also presumed abandoned. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 419,…
Colo. Rev. Stat. § 38-13-210 Indication of apparent owner interest in property
2.8K chars
(1) The period after which property is presumed abandoned is measured from the later of: (a) The date the property is presumed abandoned under this part 2; or (b) The latest indication of interest by the apparent owner in the property. (2) Under this article 13, an indication of …
Colo. Rev. Stat. § 38-13-211 Knowledge of death of insured or annuitant - definition
3.6K chars
(1) In this section, death master file means the United States social security administration's death master file or other database or service that is at least as comprehensive as the United States social security administration's death master file for determining that an individ…
Colo. Rev. Stat. § 38-13-212 Deposit account for insurance policy or annuity contract
0.6K chars
If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check- or draft-writing privileges for the beneficiary of the policy or contract and, under a supplementary contract not involving annuity benefits other than dea…
Colo. Rev. Stat. § 38-13-213 Refunds held by business associations
0.7K chars
Except to the extent otherwise ordered by a court or administrative agency, any sum that a business association has been ordered to refund by a court or administrative agency that remains unclaimed by the owner for more than one year after it became payable in accordance with the…
Colo. Rev. Stat. § 38-13-214 Foreclosure sale - overbid
3.1K chars
Any overbid, as defined in section 38-38-100.3, that is equal to or greater than twenty-five dollars and that remains unclaimed for six months after the date of sale is presumed abandoned. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 422, � 1, effective July 1, …
Colo. Rev. Stat. § 38-13-217 Gaming chips or tokens - gaming award points - inapplicability
0.5K chars
This article 13 does not apply to gaming award points and gaming chips or tokens issued or sold by a licensed gaming establishment before, on, or after August 4, 2004, except to the extent the state has taken custody of any gaming award points or gaming chips or tokens on or befo…