Title 38, Property - Real and Personal

(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…

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…

(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…

(1) If a person subject to examination under section 38-13-1002 believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the administrator to inte…

(1) In this section, "related to the administrator" refers to an individual who is: (a) The administrator's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary; (b) The administrator's child, stepchild, grandchild, parent, stepparent, sibling, stepsiblin…

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.

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 …

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…

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 administr…

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.

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.

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

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.

(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…

(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…

(1) An apparent owner that contracts with a person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the administrator may designate the person as the agent of the apparent owner. The designation must b…

(1) Notwithstanding any provision of section 38-13-1303 to the contrary, an agreement to pay compensation to recover or assist in recovering an unclaimed overbid transferred to the administrator under section 38-38-111 is: (a) Not enforceable unless entered into at least two year…

(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; (I…

(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…

(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; …

(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…

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…

(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 …

(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…

(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…

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.

This article 13 modifies, limits, or supersedes the "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of …

(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…

(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…

(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…

(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 s…

(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 …

(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…

(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…

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.

(1) Any demand, savings, or matured time deposit with a financial organization, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a financial organization is presumed a…

(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…

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,…