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 abandoned during the 10-year period preceding May 9, 2017, as if this chapter had been in effect during that period.

Terms Used In Utah Code 67-4a-1503

  • Holder: means a person obligated to hold for the account of, or to deliver or pay to, the owner property subject to this chapter. See Utah Code 67-4a-102
  • Property: includes :
(i) all income from or increments to the property;
(ii) property referred to as or evidenced by:
(A) money, virtual currency, interest, or a dividend, check, draft, or deposit;
(B) a credit balance, customer's overpayment, stored-value card, payroll card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance; and
(C) a security except for:
(I) a worthless security; or
(II) a security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;
(iii) a bond, debenture, note, or other evidence of indebtedness;
(iv) money deposited to redeem a security, make a distribution, or pay a dividend;
(v) an amount due and payable under an annuity contract or insurance policy;
(vi) an amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee-savings, supplemental-unemployment insurance, or a similar benefit; and
(vii) an amount held under a preneed funeral or burial contract, other than a contract for burial rights or opening and closing services, where the contract has not been serviced following the death or the presumed death of the beneficiary. See Utah Code 67-4a-102
(2)  This chapter does not relieve a holder of a duty that arose before May 9, 2017, to report, pay, or deliver property.

(3)  Subject to Subsections 67-4a-610(2) and (3), a holder that did not comply with the law governing unclaimed property before May 9, 2017, is subject to applicable provisions for enforcement and penalties in effect before May 9, 2017.

Enacted by Chapter 371, 2017 General Session