Title 41 — Personal Property.

The District of Columbia currently lacks statutory authority to act as custodian for substantial sums of abandoned personal property within its jurisdiction. This chapter is intended to mandate the report and delivery by holders and to authorize the receipt for safekeeping and fi…

As used in this chapter, the term: (1) “Apparent owner” means the person whose name appears on the records of the holder as the person entitled to property held by the holder. (2) “Attorney General” means the chief legal officer of a state. (3) “Banking organization” means any ba…

(a) All intangible personal property, not otherwise covered by this chapter, including any income or increment thereon and deducting any lawful charges, that is held or owing in the ordinary course of the holder’s business and has remained unclaimed by the owner for more than 3 y…

Unless otherwise provided by statute of the District of Columbia, intangible personal property is subject to a presumption of abandonment under this chapter if the conditions leading to a presumption of abandonment as described in §§ 41-103 and 41-105 through 41-116 are satisfied…

Any sum payable on a money order, traveler’s check, or similar written instrument (other than a 3rd party bank check) on which a banking or financial organization or a business association is directly liable is presumed abandoned if the appropriate conditions leading to a presump…

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

(a) Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed for more than 3 years after the funds became due and payable as established from the records of the insurance company holdin…

(a) Property distributable in the course of demutualization, rehabilitation or related reorganization of an insurance company, shall be deemed abandoned 2 years after the date of the demutalization if, at the time of the demutualization: (1)(A) The last known address of the owner…

The following funds held or owing by any utility are presumed abandoned: (1) Any deposit, including any interest thereon, made by a subscriber with a utility to secure payment for, or any sum paid in advance for, utility services to be furnished, less any lawful deductions, that …

(a) Subject to § 41-104, any stock, other certificate of ownership, or other intangible ownership interest, or any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to the owner, is presumed abandoned if th…

All intangible personal property distributable in the course of a voluntary or involuntary dissolution of a business association, banking organization, or financial organization organized under the laws of or created in the District, that is unclaimed by the owner within 60 days …

(a) All intangible personal property and any income or increment thereon, held in a fiduciary capacity for the benefit of another person, is presumed abandoned unless the owner, within 3 years after it becomes payable or distributable, has increased or decreased the principal, ac…

Except for property held by the Property Clerk of the Metropolitan Police Department, as provided in subchapter X of Chapter 1 of Title 5, all intangible personal property held for the owner by any public corporation, public authority, or public officer of the District government…

All employee benefit trust distributions and any income or other increment thereon is presumed abandoned if the owner within 3 years after it becomes payable or distributable has not accepted the distribution, corresponded in writing concerning the distribution, or otherwise indi…

(a) Gift certificates and credit memos held or owing in the ordinary course of the holder’s business that have remained unclaimed by the owner for more than 5 years after becoming payable or distributable are presumed abandoned. (b) If a gift certificate or credit memo is redeema…

Except as provided in § 30-103, all personal property, tangible or intangible, held in a safe deposit box or any other safekeeping repository in the District by any person in the ordinary course of business, which is unclaimed by the owner for 3 years or more from the date on whi…

Wages or other compensation for personal services held or owing in the ordinary course of the holder’s business that have remained unclaimed by the owner for more than one year after the compensation becomes payable or distributable are presumed abandoned.

(a) Every person holding funds or other property, tangible or intangible, presumed abandoned under this chapter shall report to the Mayor with respect to the property as provided in this section. (b) The report must be verified and shall include: (1) In case of unclaimed funds of…

(a) Within 120 days from the filing of the report required by § 41-117, the Mayor shall cause notice to be published at least once each week for 2 consecutive weeks in a newspaper of general circulation in the District. (b) The published notice shall be entitled “Notice of Names …

(a) Except for property held in a safe deposit box or other safekeeping depository, upon filing a report required by § 41-117, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the Mayor the property described in the report as uncla…

(a) Upon the payment or delivery of property to the Mayor, the District government assumes custody and responsibility for the safekeeping of the property. Any person who pays or delivers property to the Mayor in good faith under this chapter is relieved of all liability to the ex…

Whenever property other than money is paid or delivered to the Mayor under this chapter, any dividends, interest, or other increments realized or accruing, on the property at or before liquidation or conversion thereof into money, shall be credited, upon receipt, to the owner’s a…

(a) All abandoned property other than money delivered to the Mayor under this chapter which remains unclaimed 1 year after the delivery to the Mayor may be sold to the highest bidder at public sale. The Mayor may decline the highest bid and re-offer the property for sale if the M…

(a) During the first 2 years after the effective date of this chapter, no less than 50% of all property received under this chapter, including the proceeds from the sale of abandoned property under § 41-122, shall be deposited by the Mayor in a separate trust fund or kept for saf…

Any person, excluding a state, claiming an interest in any property paid or delivered to the Mayor under this chapter may file a claim to the property or to the net proceeds from its sale. The claim must be on a form prescribed by the Mayor and must be verified by the claimant.

(a) The Mayor shall within 30 days of the receipt of any claim either pay the claim or give written notice to the claimant of a denial in whole or in part. Upon a denial or a failure by the Mayor to respond within 30 days, the claimant may request a hearing on the claim. Upon suc…

(a) At any time after property has been paid or delivered to the Mayor under this chapter, a state is entitled to recover the property if: (1) The property was presumed abandoned in the District because the apparent owner was unknown when the property was presumed abandoned under…

Any person aggrieved by a decision of the Mayor, or as to whose claim the Mayor has failed to hold a hearing within a reasonable time pursuant to § 41-125(a), may have such claim reviewed pursuant to § 2-510.

(a) The Mayor, after receiving reports of property deemed abandoned pursuant to this chapter, may decline to receive any property reported which the Mayor considers to have a value less than the cost of giving notice and holding sale, if the Mayor considers it desirable because o…

(a) The expiration of any period of time specified by contract, statute, or court order, during which a claim for recovery of money or property can be made, or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of …

(a) The Mayor may require that any person shall file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this chapter. (b) The Mayor may at reasonable times and upon reasonable notice examine the records of any per…

Any information or records required to be furnished to the Mayor as provided in this chapter shall be confidential and shall not be disclosed to any person except the person who furnished the same to the Mayor and except as provided in §§ 41-118 and 41-123 or as may be necessary …

(a) Except as provided in subsection (b) of this section and unless the Mayor provides otherwise by rule, every holder required to file a report under § 41-117 shall, as to any property for which it has obtained the address of the owner, maintain a record of the name and address …

If any person refuses to pay or deliver abandoned property to the Mayor as required under this chapter, the Mayor may bring an action in the Superior Court of the District of Columbia to compel such delivery.

(a) At the request of a state, the Corporation Counsel may bring an action in the name of the administrator of the requesting state, in any court of appropriate jurisdiction to enforce the unclaimed property laws of the requesting state against a holder in the District of propert…

(a) Any person who fails to pay or deliver property within the time prescribed by this chapter shall be required to pay interest at the rate of 1 1/2% per month or fraction of a month on the property or value of the property from the date the property should have been paid or del…

(a) All fines levied pursuant to § 41-135(a) are civil in nature. (b) The Mayor may issue a notice of violation to any person who violates a provision of this chapter. The notice shall: (1) State the nature of the violation; and (2) Describe the procedures provided in this sectio…

(a) No agreement or contract with a person for a fee or compensation to locate, deliver, recover, or assist in the recovery of property reported under § 41-117, entered into within 7 months after the date payment or delivery is required under § 41-119, is valid. (b) No agreement …

The Mayor is authorized to issue such rules, regulations, and orders as may be necessary in order to effectuate the purposes of this chapter.

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the p…

This chapter shall be applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states enacting it.

This chapter shall not apply to an unclaimed deposit for excavation work in public space. The Mayor may establish, by rule, the standards and procedures for determining whether and when such a deposit will be considered abandoned, and for determining the custody and ownership of …

This chapter shall apply retroactively to all items of property which would have been presumed abandoned if this chapter had been in effect as of January 1, 1980.

It is not necessary for the Recorder of Deeds to spread upon the records of his office the financing statements or other papers filed pursuant to part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Official Code, but they shall be indexed and, except as here…

(a) Unless the Recorder of Deeds has notice of an action pending relative thereto, he may remove from the files and destroy: (1) An instrument filed in his office pursuant to Chapter 12 of Title 50, which has become void or lapsed, and which has been void or lapsed for 1 year or …

When a financing statement filed pursuant to part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Official Code has not lapsed, but all the collateral described in the financing statement has been released in the manner provided by part 4 thereof, the Recorde…

(a) Whoever intentionally makes a false statement with respect to a financing statement or other paper filed with the Recorder of Deeds pursuant to part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Official Code, or, after receipt of payment in full of the…

For the purposes of this chapter, the term: (1) “By type of property” means the 4 distinct types of property: real property, vehicles, currency, and other personal property. (2) “Court” means the Superior Court of the District of Columbia. (3) “Currency” means cash, or the fair m…

(a) Only property designated as forfeitable pursuant to a forfeitable offense shall be subject to forfeiture and may be forfeited only in accordance with the provisions of this chapter. Property that is contained within property subject to forfeiture does not automatically render…