Delaware Code Title 12 Sec. 1149 – Contents of notice by holder
(a) The notice under § 1148 of this title must contain a heading that reads as follows:
“Notice. The State of Delaware requires us to notify you that your property will be transferred to the custody of the State Escheator if you do not contact us before [insert date that is 30 days after the date of this notice.]”
Terms Used In Delaware Code Title 12 Sec. 1149
- Holder: means any person having possession, custody, or control of the property of another person and includes a post office, a depository, a bailee, a trustee, a receiver or other liquidating officer, a fiduciary, a governmental department, institution or agency, a municipal corporation and the fiscal officers thereof, a public utility, service corporation, and every other legal entity incorporated or created under the laws of this State or doing business in this State. See Delaware Code Title 12 Sec. 1130
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- Owner: means a person, or the person's legal representative when acting on behalf of the person, that has a legal, beneficial, or equitable interest in property subject to this chapter. See Delaware Code Title 12 Sec. 1130
- Property: means tangible property described in § 1134 of this title or a fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government, governmental subdivision, agency, or instrumentality. See Delaware Code Title 12 Sec. 1130
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 1130
- State Escheator: means the person responsible for the administration and enforcement of this chapter, as established by § 1102 of this title and § 363 of Title 30. See Delaware Code Title 12 Sec. 1130
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) The notice under § 1148 of this title must do all of the following:
(1) State that the property will be turned over to the State Escheator.
(2) State that after the property is turned over to the State Escheator an owner that seeks return of the property may file a claim.
(3) Identify the nature and, except for property that does not have a fixed value, the value of the property that is the subject of the notice.
(4) State that property that is not legal tender of the United States may be sold by the State Escheator.
(5) Provide instructions that the owner must follow to prevent the holder from reporting and paying or delivering the property to the State Escheator.