Title 67, State Officers and Employees

67-4a-1005. Evidence of unpaid debt or undischarged obligation. (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…

67-4a-1006. Failure of person examined to retain records. (1) If a person subject to examination under Section 67-4a-1002 does not retain the records required by Section 67-4a-404, the administrator may determine the value of property due using a reasonable method of estimation b…

67-4a-1007. Report to person whose records were examined. At the conclusion of an examination under Section 67-4a-1002, unless waived in writing by the person being examined, the administrator shall provide to the person whose records were examined a report that specifies: (1) th…

67-4a-1008. Informal conference. (1) If a person subject to examination under Section 67-4a-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 …

67-4a-1009. Administrator's contract with another to conduct examination. (1) The administrator may contract with a person to conduct an examination under this chapter. (2) If the administrator contracts with a person under Subsection (1): (a) the contract may provide for compens…

67-4a-101. Title. This chapter is known as the "Revised Uniform Unclaimed Property Act."

67-4a-1010. Report by administrator to state official. (1) Not later than three months after the end of the fiscal year, the administrator shall compile and submit a report to the treasurer, president of the Senate, and speaker of the House. (2) The report shall contain the follo…

67-4a-1011. Determination of liability for unreported reportable property. If the administrator determines from an examination conducted under Section 67-4a-1002 that a putative holder failed or refused to pay or deliver to the administrator property that is reportable under this…

67-4a-102. Definitions. As used in this chapter: (1) "Administrator" means the deputy state treasurer assigned by the state treasurer. (2)(a) "Administrator's agent" means a person with which the administrator contracts to conduct an examination under Part 10, Verified Report of …

67-4a-103. Inapplicability to foreign transaction. This chapter 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.

67-4a-104. Rulemaking. (1) The administrator may adopt rules to implement and administer this chapter. (2) The administrator shall follow the notice, hearing, and publication requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

67-4a-1101. Informal conference. (1)(a) Not later than 30 days after receipt of a notice under Section 67-4a-1011, the putative holder may request an informal conference with the administrator to review the determination. (b) Except as otherwise provided in this section, the admi…

67-4a-1102. Review of administrator's determination. A putative holder may seek relief from a determination under Section 67-4a-1011 by: (1) administrative review under Section 67-4a-1103; or (2) judicial review under Section 67-4a-1104.

67-4a-1103. Administrative review. (1) Not later than 30 days after receiving notice of the administrator's determination under Section 67-4a-1011, a putative holder may initiate a proceeding under Section 63G-4-301 for review of the administrator's determination. (2) A final dec…

67-4a-1104. Judicial remedy. (1) Not later than 90 days after receiving notice of the administrator's determination under Section 67-4a-1011, the putative holder may: (a) file an action against the administrator in the district court challenging the administrator's determination …

67-4a-1201. Judicial action to enforce liability. (1)(a) If a determination under Section 67-4a-1011 becomes final and is not subject to administrative or judicial review, the administrator may commence an action in the district court or in a district court of another state to en…

67-4a-1202. Interstate and international agreement -- Cooperation. (1) Subject to Subsection (2), 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 presum…

67-4a-1203. Action involving another state or foreign country. (1) The administrator may join another state or foreign country to examine and seek enforcement of this chapter against a putative holder. (2) On request of another state or foreign country, the attorney general may c…

67-4a-1204. Interest and penalty for failure to act in timely manner. (1) A holder that fails to report, pay, or deliver property within the time prescribed by this chapter shall pay to the administrator interest at an annual rate calculated based on the federal short-term rate d…

67-4a-1205. Other civil penalties. (1) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this chapter or otherwise willfully fails to perform a duty imposed on the holder under this chapter, the administrator may require the ho…

67-4a-1206. Waiver of interest and penalty. The administrator: (1) may waive, in whole or in part, interest under Subsection 67-4a-1204(1) and penalties under Subsection 67-4a-1204(2) or Section 67-4a-1205; and (2) may waive a penalty under Subsection 67-4a-1204(2) if the adminis…

67-4a-1301. When agreement to locate property enforceable. 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 onl…

67-4a-1302. When agreement to locate property void. (1) Subject to Subsection (2), an agreement under Section 67-4a-1301 is void if the agreement is entered into during the period beginning on the date the property was paid or delivered by a holder to the administrator and ending…

67-4a-1303. Right of agent of apparent owner to recover property held by administrator. (1)(a) An apparent owner that contracts with another person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the …

67-4a-1401. Definitions -- Applicability. (1) As used in this part, "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 o…

67-4a-1402. Confidential information. (1) Except as otherwise provided in this chapter, 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 chapter; (b…

67-4a-1403. When confidential information may be disclosed. (1) When reasonably necessary to enforce or implement this chapter, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to: (a) an appar…

67-4a-1404. Confidentiality agreement. A person to be examined under Section 67-4a-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 per…

67-4a-1405. No confidential information in notice. Except as otherwise provided in Sections 67-4a-501 and 67-4a-502, a holder is not required under this chapter to include confidential information in a notice the holder is required to provide to an apparent owner under this chapt…

67-4a-1406. Security of information. (1) If a holder is required to include confidential information in a report to the administrator, the information shall be provided by a secure means. (2) If confidential information in a record is provided to and maintained by the administrat…

67-4a-1407. Security breach. (1) Except to the extent prohibited by law other than in this chapter, the administrator or the administrator's agent shall notify a holder as soon as practicable of: (a) a suspected loss, misuse, unauthorized access, disclosure, modification, or dest…

67-4a-1408. Indemnification for breach. (1) If a claim is made or action commenced arising out of an event described in Subsection 67-4a-1407(1) relating to confidential information possessed by the administrator, this state shall indemnify, defend, and hold harmless a holder and…

67-4a-1501. Uniformity of application and construction. In applying and construing this uniform chapter, consideration shall be given to the need to promote uniformity of the law with respect to the chapter's subject matter among states that enact it.

67-4a-1502. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., except this chapter does not: (1) modify, limit, or supersed…

67-4a-1503. Transitional provision. (1) An initial report filed under this chapter for property that was not required to be reported before May 9, 2017, but that is required to be reported under this chapter, shall include all items of property that would have been presumed aband…

67-4a-1504. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and …

67-4a-201. When property presumed abandoned. Subject to Section 67-4a-208, the following property is presumed abandoned if the property is unclaimed by the apparent owner during the period specified below: (1) a traveler's check, 15 years after issuance; (2) a money order, seven …

67-4a-201.5. When digital asset presumed abandoned. Subject to Section 67-4a-208, a digital asset is presumed abandoned: (1) three years after the apparent owner's last indication of interest in the digital asset; or (2) if a digital asset holder, in the regular course of busines…

67-4a-202. When tax-deferred and tax-exempt retirement accounts presumed abandoned. (1) Subject to Section 67-4a-208, property held in a pension account or retirement account that qualifies for tax deferral or tax exemption under the income tax laws of the United States is presum…

67-4a-203. When other tax-deferred and tax-exempt accounts presumed abandoned. Subject to Section 67-4a-208 and except for property described in Section 67-4a-202 and property held in a plan described in Section 529A, Internal Revenue Code, property held in an account or plan, in…

67-4a-204. When custodial account for minor presumed abandoned. (1) Subject to Section 67-4a-208, and except as provided in Subsection (5), property held in an account established under a state's Uniform Gifts to Minors Act or Uniform Transfers to Minors Act is presumed abandoned…

67-4a-205. When contents of safe-deposit box presumed abandoned. 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 chapter are presumed abandoned if the property remains unclaimed by …

67-4a-206. When security presumed abandoned. (1) Subject to Section 67-4a-208, 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 …

67-4a-207. When related property presumed abandoned. At and after the time property is presumed abandoned under this chapter, any other property right or interest accrued or accruing from the property and not previously presumed abandoned is also presumed abandoned.

67-4a-208. Indication of apparent owner interest in property. (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; or (b) the latest indication of interest by the apparent owner i…

67-4a-209. Deposit account for proceeds of insurance policy or annuity contract. 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 …