§ 66-29-101 Short title
§ 66-29-102 Part definitions
§ 66-29-103 Inapplicability to foreign transactions
§ 66-29-104 Promulgation of rules
§ 66-29-105 Presumption of abandonment of various types of property
§ 66-29-106 Presumption of abandonment of tax-deferred retirement account
§ 66-29-107 Presumption of abandonment of other tax-deferred accounts
§ 66-29-108 Presumption of abandonment of custodial account for minor
§ 66-29-109 Presumption of abandonment of contents of safe deposit boxes
§ 66-29-110 Presumption of abandonment of stored-value card
§ 66-29-111 Presumption of abandonment of security
§ 66-29-112 Presumption of abandonment of related property
§ 66-29-113 Indication of apparent owner’s interest in property
§ 66-29-114 Knowledge of death of insured or annuitant
§ 66-29-115 Deposit account for proceeds of insurance policy or annuity contract
§ 66-29-116 Last known address of apparent owner
§ 66-29-117 Treasurer’s custody of property presumed abandoned
§ 66-29-118 Custody of property presumed abandoned if records show multiple addresses of apparent owner
§ 66-29-119 Custody of property presumed abandoned if holder domiciled in state
§ 66-29-120 Custody of property presumed abandoned if transaction took place in this state
§ 66-29-121 Custody of traveler’s check, money order, or similar instrument presumed abandoned
§ 66-29-122 Burden of proof to establish treasurer’s right to custody
§ 66-29-123 Report required by holder
§ 66-29-124 Content of report
§ 66-29-125 Filing of report
§ 66-29-126 Retention of records by holder
§ 66-29-127 Property reportable and payable or deliverable absent owner demand
§ 66-29-128 Agreements to ascertain whereabouts of apparent owner — Notice to apparent owner by holder
§ 66-29-129 Contents of notice by holder
§ 66-29-130 Notice by treasurer
§ 66-29-131 Cooperation among state officers and agencies to locate apparent owner
§ 66-29-132 Good faith payment or delivery of property by holder
§ 66-29-133 Dormancy charge
§ 66-29-134 Payment or delivery of property to treasurer
§ 66-29-135 Effect of payment or delivery of property to treasurer
§ 66-29-136 Recovery of property by holder from treasurer
§ 66-29-137 Income or gain realized or accrued on property
§ 66-29-138 Treasurer’s options as to custody
§ 66-29-139 Disposition of property having no substantial value
§ 66-29-140 Periods of limitation and repose
§ 66-29-141 Public sale of property
§ 66-29-142 Disposal of securities
§ 66-29-144 Purchaser’s ownership of property
§ 66-29-145 Military medal or decoration
§ 66-29-146 Disposal of funds by treasurer
§ 66-29-147 Retention of records by treasurer
§ 66-29-148 Deduction of administrative costs before deposit of funds
§ 66-29-149 Treasurer as custodian of property for owner
§ 66-29-150 Superior claim of another state
§ 66-29-151 When property subject to recovery by another state
§ 66-29-152 Claim of property by person claiming to be owner
§ 66-29-153 Approval or denial of claim
§ 66-29-154 Payment or delivery of property or proceeds of sale of property — Claim for debt owed by owner to state
§ 66-29-155 Action by person whose claim is denied or not acted upon
§ 66-29-156 Verified report of property
§ 66-29-157 Examination of records to determine compliance–Administrative subpoena
§ 66-29-158 Rules for conducting examination
§ 66-29-159 Confidentiality of records obtained during examination
§ 66-29-160 Evidence of unpaid debt or undischarged obligation
§ 66-29-161 Failure of person examined to retain records
§ 66-29-162 Report to person whose records were examined
§ 66-29-163 Request for intervention — Conference
§ 66-29-164 Treasurer’s contract with another to conduct examination
§ 66-29-165 Report by treasurer
§ 66-29-166 Determination of liability for failure or refusal to pay or deliver property to treasurer
§ 66-29-167 Informal conference to review determination of liability
§ 66-29-168 Judicial review of determination
§ 66-29-169 Action against treasurer
§ 66-29-170 Action to enforce determination and secure payment or delivery
§ 66-29-171 Cooperation with another state or foreign country
§ 66-29-172 Action involving another state or foreign country
§ 66-29-173 Civil penalty for failure to report, pay, or deliver property within prescribed time
§ 66-29-174 Civil penalty for evasion or failure to perform duty — Civil penalty for making fraudulent report
§ 66-29-175 Waiver of civil penalty
§ 66-29-176 Enforceability of agreement to locate property
§ 66-29-177 Apparent owner’s agent
§ 66-29-178 Disclosure and use of confidential information
§ 66-29-179 Confidentiality agreement
§ 66-29-180 Inclusion of confidential information in notice not required
§ 66-29-181 Maintenance of confidential information in secure manner
§ 66-29-182 Uniformity of application and construction
§ 66-29-183 Relation to Electronic Signatures in Global and National Commerce Act
§ 66-29-184 Transitional provision

Terms Used In Tennessee Code > Title 66 > Chapter 29 > Part 1

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Apparent owner: means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder. See Tennessee Code 66-29-102
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Business association: means a for-profit or nonprofit corporation, joint stock company, investment company other than an investment company registered under the Investment Company Act of 1940 (15 U. See Tennessee Code 66-29-102
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Domicile: means :

    • (A) For a corporation, the state of its incorporation. See Tennessee Code 66-29-102

    • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 66-29-102
    • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
    • Electronic mail: means any communication of information by electronic means that is automatically retained and stored and may be readily accessed or retrieved. See Tennessee Code 66-29-102
    • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
    • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
    • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
    • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
    • Felony: A crime carrying a penalty of more than a year in prison.
    • Financial organization: means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union. See Tennessee Code 66-29-102
    • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
    • Game-related digital content: means digital content that exists only in an electronic game or electronic-game platform. See Tennessee Code 66-29-102
    • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
    • Holder: means a person obligated to hold for the account of, or to deliver or pay to, the owner of property that is subject to this part. See Tennessee Code 66-29-102
    • Insurance company: means an insurer, not-for-profit hospital and medical corporation regulated under title 56, chapter 29, health maintenance organization, fraternal benefit society, or any person or entity required to obtain a certificate of authority or similar license from the department of commerce and insurance under title 56 in order to issue or enter into contracts of insurance in this state. See Tennessee Code 66-29-102
    • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
    • Intestate: Dying without leaving a will.
    • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
    • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
    • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
    • Lien: A claim against real or personal property in satisfaction of a debt.
    • Local government: means any metropolitan government, municipality, or county located in this state. See Tennessee Code 66-29-102
    • Loyalty card: means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program that may be used or redeemed only to obtain goods or services or a discount on goods or services. See Tennessee Code 66-29-102
    • Military medal: means any decoration or award that may be presented or awarded to a member of the armed forces of the United States or national guard. See Tennessee Code 66-29-102
    • Mineral: means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by any other law of this state. See Tennessee Code 66-29-102
    • Mineral proceeds: includes an amount payable:

      • (A) For the acquisition and retention of a mineral lease, including, but not limited to, a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental. See Tennessee Code 66-29-102

      • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
      • Money order: means a payment order for a specified amount of money and includes, but is not limited to, an express money order and a personal money order on which the remitter is the purchaser. See Tennessee Code 66-29-102
      • Municipal bond: means a bond of evidence of indebtedness issued by a municipality or other political subdivision of a state. See Tennessee Code 66-29-102
      • Net card value: means the original purchase price or original issued value of a stored-value card, plus amounts added to its original value and minus amounts used and any service charge, fee, or dormancy charge permitted by law. See Tennessee Code 66-29-102
      • Non-freely transferable security: includes a worthless security. See Tennessee Code 66-29-102
      • Oath: includes affirmation. See Tennessee Code 1-3-105
      • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
      • Owner: includes :

        • (A) A depositor, for a deposit. See Tennessee Code 66-29-102

        • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
        • Payroll card: means a record that evidences a payroll card account, as that term is defined in 12 CFR 1005. See Tennessee Code 66-29-102
        • Person: means an individual, estate, business association, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Tennessee Code 66-29-102
        • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
        • Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
        • Property: means tangible property described in §§. See Tennessee Code 66-29-102
        • Putative holder: means a person believed by the treasurer to be a holder, until the person pays or delivers to the treasurer property subject to this part or until a final determination is made that the person is a holder. See Tennessee Code 66-29-102
        • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
        • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Tennessee Code 66-29-102
        • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
        • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
        • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
        • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
        • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
        • Security: means :

          • (A) A security interest, as that term is defined in §. See Tennessee Code 66-29-102

          • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
          • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
          • 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 Tennessee Code 66-29-102
          • Statute: A law passed by a legislature.
          • Subpoena: A command to a witness to appear and give testimony.
          • Summons: Another word for subpoena used by the criminal justice system.
          • Transit fare card: means any pass or instrument purchased to utilize public transportation facilities or services. See Tennessee Code 66-29-102
          • Treasurer: means the state treasurer. See Tennessee Code 66-29-102
          • Trustee: A person or institution holding and administering property in trust.
          • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          • Utility: means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for the following public services:

            • (A) The transmission of communications or information. See Tennessee Code 66-29-102

            • Virtual currency: means a digital representation of value used as a medium of exchange, unit of account, or a store of value that is not recognized by the United States as legal tender. See Tennessee Code 66-29-102
            • Worthless security: means a security whose cost of liquidation and delivery would exceed the value of the security on the date a report is due under this part. See Tennessee Code 66-29-102
            • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
            • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105